USDA-NRCS-TN-ACEP-23- NOFO0001278.pdf

Tennessee Natural Resources Conservation Service Easement Programs Restoration and Stewardship Assistance

Fiscal Year (FY) 2023 TN NRCS Easement Programs Notice of Funding Opportunity (NFO)

No. USDA-NRCS-TN-ACEP-23- NOFO0001278

Notice of Funding Opportunity (NFO)

SUMMARY INFORMATION

Federal Awarding Agency Name: U.S. Department of Agriculture – Natural Resources Conservation Service (NRCS)

Notice of Funding Opportunity Title: Tennessee NRCS Easement Programs Restoration and Stewardship Assistance.

Notice of Funding Opportunity Number: USDA-NRCS-TN-ACEP-23- NOFO0001278

Assistance Listing: This program is listed in the Assistance Listings (previously referred to as the Catalog of Federal Financial Assistance) on Sam.gov under 10.931 Agricultural Conservation Easement Program, which can be found at: https://www.sam.gov/.

SAM is a web-based, government-wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract awards, grants, and electronic payment processes.

Notice of Funding Opportunity Summary

This Notice of Funding Opportunity (NFO) is being released prior to appropriation and/or apportionment of funds for fiscal year 2023. Enactment of additional continuing resolutions or an appropriations act may affect the availability or level of funding for this program.

The Natural Resources Conservation Service (NRCS) is directing resources toward the restoration of degraded wetlands and associated uplands. In addition, resources will be directed toward stewardship activities on existing easements across the state of Tennessee. With the sole exception of Federal agencies, NRCS invites applications from all qualified U.S. based non-federal entities (NFE) and individuals. NFEs of all sizes are encouraged to apply. Information related to NRCS Easement Programs can be found at the following link: https://www.nrcs.usda.gov/programs-initiatives/acep-agricultural-conservation-easement-program

A total of up to $3 million technical assistance and $10 million financial assistance is available in FY2023. A total of up to 3 agreements may be awarded from this NFO as budget allows. All agreements will be five years in duration.

For new users of Grants.gov, see Section D. for information about steps required before submitting an application via Grants.gov.

Key Dates https://sam.gov/content/home https://www.sam.gov/ https://www.nrcs.usda.gov/programs-initiatives/acep-agricultural-conservation-easement-program https://www.nrcs.usda.gov/programs-initiatives/acep-agricultural-conservation-easement-program

Applicants must submit their applications via Grants.gov by 11:59 pm Eastern Time on May 25th, 2023.

For technical issues with Grants.gov, contact Grants.gov Applicant Support at 1-800-518-4726 or support@grants.gov. Awarding agency staff cannot support applicants regarding Grants.gov accounts.

For inquiries specific to the content of the NFO requirements, contact the federal awarding agency contact (section G of this NFO). Please limit questions to those regarding specific information contained in this NFO (such as dates, page numbers, clarification of discrepancies, etc.). Questions related to eligibility, or the merits of a specific proposal will not be addressed.

The agency anticipates making selections by June 15, 2023, and expects to execute awards by September 15, 2023. These dates are estimates and are subject to change.

Federal Funding Floor and Ceiling Amounts

The estimated funding floor for this opportunity is $2,000,000.00, and the estimated funding ceiling is $5,000,000.00. The funding floor means the minimum agreement funding amount for the Federal share per agreement awarded. The ceiling is the maximum agreement funding amount for the Federal share per agreement awarded. These numbers refer to the total agreement amount, not any specific budget period.

Federal Financial Assistance Training

The funding available through this NFO is Federal financial assistance. Grants 101 Training is highly recommended for those seeking knowledge about Federal financial assistance. The training is free and available to the public via https://www.cfo.gov/grants-training/. It consists of five modules covering each of the following topics: 1) laws, regulations, and guidance; 2) financial assistance mechanisms; 3) uniform guidance administrative requirements; 4) cost principles; and 5) risk management and single audit. FPAC agencies also apply Federal financial assistance regulations to certain non-assistance awards (e.g., non-assistance cooperative agreements).

mailto:support@grants.gov

Table of Contents

A. PROGRAM DESCRIPTION

B. FEDERAL AWARD INFORMATION

1. Available Funding

2. Type of Award

C. ELIGIBILITY INFORMATION

1. Eligible Applicants

2. Other

3. Cost Sharing or Matching

D. APPLICATION AND SUBMISSION INFORMATION

1. Information for New Users of Grants.gov

2. Electronic Application Package

3. Content and Form of Application Submission

v. Indirect Costs Limitations

4. Submission Dates and Times and Correspondence

5. Intergovernmental Review

6. Funding Restrictions

E. APPLICATION REVIEW INFORMATION

1. Review and Selection Process

2. Merit/Technical Criteria

3. Administrative and Risk Criteria

4. Awards Over the Simplified Acquisition Threshold (if applicable)

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

2. Administrative and National Policy Requirements

3. Reporting

G. FEDERAL AWARDING AGENCY CONTACT

H. OTHER INFORMATION

APPENDIX A - Instructions for Completing SF424 APPENDIX B – Instructions for Completing SF424A APPENDIX C – Budget Narrative Guidance

A. PROGRAM DESCRIPTION

The authorizing statute and regulation for this opportunity is 16 U.S.C. 3865 et seq, 7 CFR 1468.

The Agricultural Conservation Easement Program (ACEP) was established under the Agricultural Act of 2014, Public Law 113-79 Section 1265 (16 U.S.C. 3865). This authorized NRCS to establish the agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land and combines the purposes and coordinates the functions of the wetlands reserve program, the grassland reserve program, and the farmland protection program. Under Agricultural Conservation Easement Program – Wetland Reserve Easements (ACEP-WRE), NRCS restores, protects, and enhances wetlands and associated uplands.

Proposed projects must be performed in Tennessee.

The purpose of the NRCS easement programs (ACEP-WRE, ACEP-ALE) is voluntary conservation by landowners. The easement programs promote the restoration, enhancement, protection, maintenance and management of wetland systems and associated uplands that would contribute significantly to functions and values of these habitats. Through the easement programs, landowners may receive assistance to install or implement structural and/or vegetative and associated upland restoration practices on eligible land. The easement programs allow NRCS to request the services of, and enter into cooperative agreements with, non-Federal entities to assist in providing specialized assistance necessary to implement restoration plans.

Applicants will be responsible for assisting NRCS and landowners by providing technical assistance necessary to design and implement ACEP-WRE restoration plans, while at the same time improving and protecting habitats for environmental benefits. Performance may include any part or all operations necessary to design, construct, inspect, manage, and monitor various restoration, enhancement, and creation practices. Performance may also include other restoration-related conservation practices that meet NRCS standards and specifications. In addition to technical assistance, applicants will also be responsible for coordination with landowners to provide NRCS with monitoring efforts of existing easements as outlined in ACEP manual, Section 528, subpart P. 440-CPM Part 528, Subpart P, ACEP-WRE Maintenance Management (usda.gov)

Locations of current ACEP-WRE easements can be viewed at:

https://nrcs.maps.arcgis.com/apps/webappviewer/index.html?id=60cb4564f7b4461ca9a61fa 224c066ba Please note, not all displayed easements will be relevant to this announcement.

Relevant easements will be identified during the selection process outlined in Part E., Section

3. Relevant easements cannot be identified prior to the selection process due to legally protected Personally Identifiable Information tied to the easements.

https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=44655.wba https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=44655.wba https://nrcs.maps.arcgis.com/apps/webappviewer/index.html?id=60cb4564f7b4461ca9a61fa224c066ba https://nrcs.maps.arcgis.com/apps/webappviewer/index.html?id=60cb4564f7b4461ca9a61fa224c066ba

Please be advised, profit is not an eligible project cost. Therefore, any funds awarded to for-profit entities must be used for reimbursement of direct and indirect costs only. For more information on funding restrictions, please refer to Part D., Section 5 of this announcement.

Awardees will perform all work in close coordination with the Tennessee Assistant State Conservationist for Programs and Easement Team Coordinator.

Recipient Responsibilities

The awardee(s) will be responsible for generating wetland restoration plans of operation that may include surveying, designing restoration plan(s), locating the practice site on the ground for layout work, staking the job for construction work, construction, as-builts, and construction management. These activities will occur in accordance with the NRCS-provided construction drawings and planting plans. NRCS will provide a package of information for each easement that may include a preliminary Conservation Plan, Schedule of Operations, construction drawings, overall practice map, construction layout map, and planting plan map.

Typical engineering practices and biological practices for easement restorations may include but are not limited to the following Conservation Practice Standards: Brush Management (314), Clearing and Snagging (326), Conservation Cover (327), Constructed Wetland (656), Cover Crop (340), Critical Area Planting (342), Dike (356), Early Successional Habitat Development/Management (647), Fence (382), Firebreak (394), Forest Stand Improvement (666), Herbaceous Weed Control (315), Land Clearing (460), Prescribed Burning (338), Restoration and Management of Rare or Declining Habitats (643), Structure for Water Control (587), Stream Crossing (578), Grade Stabilization Structure (410), Subsurface drainage (606), Tree/Shrub Establishment (612), Tree and Shrub Site Preparation (490), Underground Outlet (620), Upland Wildlife Habitat Management (645), Wetland Creation (659), Wetland Enhancement (658), Wetland Restoration (657), Wetland Wildlife Management (644), and others as deemed necessary and applicable by NRCS. All practice standards must be met and are described in the NRCS Field Office Technical Guide (FOTG), which can be found at:

http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg/

The awardee may be expected to design restoration plans, install practices, provide the inspection and quality control for installation, and monitor of each restoration project awarded. The awardee may also be expected to provide to NRCS a monthly status report of work in progress and any other documentation as may be required by the NRCS standards and specifications. The specific projects will be identified during the awarding of the agreement. The awardee will utilize agency unit prices for the budget items related to Financial Assistance (FA) projects. The current payment schedule can be found at: Tennessee Payment Schedule | Natural Resources Conservation Service (usda.gov)

In addition, the awardee(s) will be responsible for providing monitoring, compliance, violation, and compatible use authorization (CUA) efforts on existing easements as outlined in the ACEP manual, Section 528, subpart P.

http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nrcs.usda.gov%2Fconservation-basics%2Fconservation-state%2Ftennessee%2Fpayment-schedule&data=05%7C01%7C%7Cf750b906787543e6034d08db321f1841%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C638158881468304306%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XssuNlvHYc8lXCYUQ6mXlYG7qUApIIKtbZhX6XfLDCs%3D&reserved=0

B. FEDERAL AWARD INFORMATION

1. Available Funding

a. Estimated Funding The Federal funding agency expects to award approximately $3 million in technical assistance and $10 million in financial assistance through this opportunity. However, the agency retains the discretion to award a larger or lesser amount.

This NFO is being released prior to appropriation and/or apportionment of funds for fiscal year 2023. Enactment of additional continuing resolutions or an appropriations act may affect the availability or level of funding for this program.

b. Start Dates and Performance Periods Projects will be five (5) years in duration. Applicants should plan their projects based on an estimated project start date of September 15, 2023.

c. Number of Awards The agency expects to make three (3) award(s).

2. Type of Award

a. Type of Federal Award The agency plans to award cooperative agreement(s) pursuant to this opportunity.

Cooperative agreements have been determined to be the appropriate funding instrument because of the substantial involvement of NRCS in providing technical oversight and coordination of planning, designing, implementing restoration activities, and stewardship activities. NRCS will be substantially involved in the work performed under the agreement and will undertake activities such as the following:

• The NRCS will identify and prioritize work assignments for completing activities required to design and implement the wetland associated upland restoration components of each conservation plan or stewardship activity.

• The NRCS will monitor the awardee’s progress and suspend work if agreement or conservation plan requirements or NRCS standards and specifications are not met.

• Provide quality assurance for activities under the agreement.

Depending on the nature of a particular proposal received, the agency may elect to negotiate an alternate award type with the selected applicant.

b. Procurement Contracts

The agency does not expect to award procurement contracts associated with this NFO.

c. Eligibility of Renewal or Supplemental Project Applications Applications for renewal or supplementation of existing projects are not eligible to compete with applications for new Federal awards. An application for renewal means an application submitted to continue an existing agreement that meets the objectives and requirements of this NFO. An application for supplementation of an existing project means an application to add components to an existing agreement so that it would meet the objectives and requirements in this NFO.

C. ELIGIBILITY INFORMATION

1. Eligible Applicants

Applicants and applications must meet eligibility criteria by the application deadline to be considered for award. Eligible applicant type is determined by the implementing program statute. Applicant entities identified in the SAM.gov exclusions database as ineligible, prohibited/restricted, or excluded from receiving Federal contracts and certain Federal assistance and benefits will not be considered for Federal funding, as applicable to the funding being requested under this Federal program (2 CFR 200.206(d)).

Neither foreign entities nor individuals are eligible to apply for this opportunity.

This opportunity is open to all qualified U.S. based non-federal entities and individuals.

2. Other

Any award made pursuant to this NFO will be made to a single entity. Applicants that apply as “partnerships” or other similar groupings must clearly describe the relationship between the applicant and the “partner” parties. In all but exceptional cases, it must be reflected in the award as an awardee/sub awardee relationship.

An applicant organization may not submit more than one application for different projects or proposing different approaches. In the case of applications submitted as revisions or corrections to a previously submitted application under this NFO, the agency will consider the last application submitted prior to the established deadline.

Awards made pursuant to this NFO are not Farm Bill incentive contracts; therefore, the awards in and of themselves are not limited by the payment limitation in 16 USC Chapter 58. However, any agricultural producers receiving a payment through participation in a project awarded under this NFO must meet the eligibility requirements of 7 CFR Part 12 and 7 CFR Part 1400 and have control of the land involved for the term of the proposed award period.

3. Cost Sharing or Matching

There is no cost sharing or matching requirement for this opportunity. There is no competitive advantage to applicants who voluntarily provide a match.

D. APPLICATION AND SUBMISSION INFORMATION

1. Information for New Users of Grants.gov

a. Overview

While a Grants.gov account is not required to download an NFO and related documents, it is required to submit an application. If your organization has never submitted an application via Grants.gov, please be aware that there are several steps you must take to register your organization before you can submit an application. Completing those steps can take a significant amount of time, plan accordingly.

For information about the Grants.gov pre-award phase of the grant lifecycle see https://www.grants.gov/web/grants/learn-grants/grants-101/pre-award-phase.html.

b. Register to Apply through Grants.gov

Carefully review the registration steps and gather information requested prior to beginning the registration process to avoid last-minute searches for required information. For assistance with the registration process, contact Grants.gov Applicant Support at 1-800-518-4726 or support@grants.gov.

Organizations must complete all steps to register (steps i. through v. below). Complete organization instructions are included on Grants.gov here:

https://www.grants.gov/web/grants/applicants/organization-registration.html.

Although creating a Grants.gov account online can take only minutes, SAM registrations may take several weeks. Therefore, organizations should begin the process early to ensure they have sufficient time to complete registration and meet required application submission deadlines.

Individuals are not subject to the Unique Entity Identifier (UEI) or SAM requirement and may begin with step iii., Create a Grants.gov Account, listed below. (Note: Individuals are not eligible for all opportunities.)

c. Steps to Register

i. Obtain a UEI: All entities applying for funding must have a UEI issued by SAM.gov.

Applicants must enter the UEI in the data entry field labeled "UEI" on the SF-424 form.

ii. Register with SAM: All organizations must register with System for Award Management (SAM) to apply online through Grants.gov. SAM registration must be renewed annually. Part of the SAM registration process includes designating an Electronic Business Point of Contact (EBiz POC). The EBiz POC plays an integral part in the organization’s Grants.gov registration and application process. The individual in that role must authorize all other roles in Grants.gov. For more detailed instructions for registering with SAM, refer to https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/learn-grants/grants-101/pre-award-phase.html mailto:support@grants.gov https://www.grants.gov/web/grants/applicants/organization-registration.html https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html

iii. Create a Grants.gov Account: From the Grants.gov webpage (https://www.grants.gov/), click “Register” in the top right-hand corner and follow the on-screen instructions or refer to the detailed instructions here https://www.grants.gov/web/grants/applicants/registration.html

iv. Add an Organization Applicant Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all your grant applications. To add an organizational profile to your Grants.gov account, enter the UEI for the organization in the UEI (Unique Entity Identifier) field while adding a profile. For more detailed instructions about creating a profile on Grants.gov, refer to https://www.grants.gov/web/grants/applicants/registration/add-profile.html

v. EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, you must establish roles for individuals in the organization. The Authorized Organizational Representative (AOR) role is critical; it gives an individual permission to complete and submit applications on behalf of the organization. Without this role, the organization cannot submit any applications. The request for role assignment will be routed to the organization’s EBiz POC for approval. Once approved, the AOR can submit an application online.

For more detailed instructions about creating a EBiz POC authorized profile on Grants.gov, refer to https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html

Track Role Status: To track your role request, refer to https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

d. Electronic Signature

When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. Please be aware that the EBiz POC and the person with AOR Role cannot be the same individual; they must be different people. The EBiz POC must authorize people who are able to make legally binding commitments on behalf of the organization as a user with the AOR role. This step (step c.v. above) is often missed, and it is crucial for valid and timely submissions.

e. Workspace.

Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each NFO, you can create individual instances of a workspace. An applicant can start an application in Workspace and return to work on it later within Workspace.

f. Apply for an Opportunity https://www.grants.gov/ https://www.grants.gov/web/grants/applicants/registration.html https://www.grants.gov/web/grants/applicants/registration/add-profile.html https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html https://www.grants.gov/web/grants/applicants/registration/track-role-status.html https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

Below is an overview of applying on Grants.gov. For complete instructions on how to apply for opportunities, refer to https://www.grants.gov/web/grants/applicants/workspace-overview.html

i. Create a Workspace: Creating a workspace allows you to complete an application online and route it through your organization for review before submitting.

ii. Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission. The Workspace progress bar will display the status of your application process as you apply. As you apply using Workspace, you may click the blue question mark icon near the upper-right corner of each page to access context-sensitive help.

• Adobe Reader: If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html

• Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application.

• Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant’s name, address, and UEI. Once it is completed, the information will transfer (i.e., prepopulate) to the other forms.

iii. Submit a Workspace: An application may be submitted through workspace by clicking the Sign and Submit button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.

iv. Track a Workspace Submission: After successfully submitting a workspace application, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the Confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace.

For additional training resources, including video tutorials, refer to https://www.grants.gov/web/grants/applicants/applicant-training.html https://www.grants.gov/web/grants/applicants/workspace-overview.html https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html https://www.grants.gov/web/grants/applicants/applicant-training.html

2. Electronic Application Package

Applicants interested in submitting an application in response to this NFO must submit it via Grants.gov; the agency will not accept applications submitted via email or any other method. Applicants are urged to submit early to the Grants.gov system.

For technical issues with Grants.gov, contact Grants.gov Applicant Support at 1-800-518- 4726 or support@grants.gov. Awarding agency staff cannot support applicants regarding Grants.gov accounts.

Address to Request Application Package All information necessary to apply for this opportunity is included in the Grants.gov opportunity announcement.

3. Content and Form of Application Submission

The agency may choose not to consider applications that fail to comply with the required content, format, and page limits, or those that are incomplete.

To be considered for funding under this opportunity, an application must contain the documents in a-e below.

a. Application Form

(Standard Form 424 Application for Federal Assistance) See Instructions for Completing SF 424 located in the appendices section.

b. Project Narrative

Each page must be numbered and have one-inch margins. The text of the project narrative must be single spaced and typed in a standard typeface (e.g., Times New Roman, Arial, Courier) with no smaller than 12-point font. The project narrative must not exceed three (3) pages. This page limitation applies to the project narrative only.

i. Project abstract.

ii. Institutional background. Describes the applicant institution in terms of its location, demographics, mission, relationship to the service area and past successes in the project area.

iii. Describe the applicant’s history of successfully managing federal and non-federal agreements, including meeting, and complying with reporting requirements, reporting on progress made in achieving results under those projects, and submitting acceptable payment requests.

iv. Describe the type of work the applicant can accomplish related to easement restoration.

v. A description of the resources of the applicant necessary to successfully perform easement restoration activities.

vi. A description of the experience of the applicant that supports the successful implementation of easement restoration and stewardship activities.

vii. The organization’s level of capacity in terms of the staff, equipment http://www.grants.gov/ resources, and/or support necessary to complete activities.

viii. A description of the capabilities to perform the terms of the cooperative agreement, including a brief description of the organizational entity and of the qualifications, employment status, current responsibilities, and proposed level of effort for the project coordinator and staff responsible for implementation. Resumes for key personnel should be included in an appendix to the proposal. Similar information requested in this paragraph may also be included for sub-awardees, contractors, subcontractors, and suppliers that would be beneficial for proposal evaluation.

ix. Evaluation plan. Presents a plan for determining the success of the project at interim points and at the end of the project.

If your proposal will include information collection from non-Federal sources, ensure the collection meets the requirements of the Paperwork Reduction Act. Surveys of individuals or entities are generally prohibited without prior approval from the Office of Management and Budget. For additional guidance about allowable and unallowable activities, please visit the following website: https://pra.digital.gov/do-i-need-clearance/

The following documents do not count toward the above stated page limit.

c. Standard Form (SF) 424A, Budget Information - Non-Construction Programs

Fill in all spaces as appropriate. Section B, Item 6, Column 1 should reflect the agency funds, and Column 2 should reflect the applicant’s matching funds. This form is the summary budget for the project and should include the full project totals on pages one and two. See Instructions for Completing SF 424A located in the appendices section. Refer to Section D of this opportunity for information regarding indirect costs. Errors in the SF-424A with regard to classifying costs may be negotiated after selection.

d. Budget Narrative

In a separate document titled “Budget Narrative,” explain and justify all requested budget items/costs. (Refer to the budget narrative guidance located in the appendices section.) Detail how the totals on the SF-424A were determined and demonstrate a clear connection between costs and the proposed project activities.

For personnel salary costs, include the base-line salary figures and the estimates of time (as percentages) to be directly charged to the project. Describe any item that under the applicable Federal cost principles requires the agency’s approval and estimate its cost. The pages included as the budget narrative do not count toward the page limit. Errors in the budget narrative with regard to classifying costs may be negotiated after selection. Refer to the Budget Narrative Guidance located at the end of this document regarding procurement standards when including contracts for goods or services. Sole-source contracting is prohibited without proper justification. See Procurement Standards located at 2 CFR 200.317-327.

i. The requested budget narrative is for the technical assistance (TA) work https://pra.digital.gov/do-i-need-clearance/ involved. Agency unit prices will be utilized for the financial assistance (FA) work and budgets will be revised to include FA after selection and once projects are identified.

ii. NRCS intends for the project funding to be estimated on a site-by-site basis.

The easement programs have a detailed and extensive restoration implementation process. NRCS will complete the conservation planning and will forward the preliminary wetland restoration plan of operations or final restoration plans (including engineering designs, conservation plan, schedule, and specifications), depending on the type of restoration work to be completed to the selected applicant. In addition, proposed stewardship activities (CUAs, monitoring, compliance, violation reports, etc..) and location will be provided to the selected applicant(s) after selection but before award and request the submission of a corresponding cost proposal and narrative. Cost proposal and narrative will be through a SF-424A or SF-424C and accompanying Budget Narrative.

A. The SF-424A and SF-424C will document cost information for the initial project period. Address all data points as applicable.

B. A spreadsheet may be attached to the SF-424A or SF-424C, including rates for the following: personnel listed by labor category, equipment, materials and supplies, travel, all other direct costs, and indirect costs.

C. A Budget Narrative details how the totals on the SF-424A were determined and demonstrate a clear connection between costs and the proposed project activities. For personnel salary costs, include the base-line salary figures and the estimates of time (as percentages) to be directly charged to the project. Describe any item that under the applicable Federal cost principles requires the agency’s approval and estimate its cost.

D. As required in Title 2 of the Code of Federal Regulations Part 200, Subpart F Audit Requirements, all U.S. states, local governments, federally recognized Indian tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in a fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System. For-profit entities that receive an award pursuant to this NFO must also comply with the single audit requirement.

All costs will be evaluated to determine they are applicable, allowable, reasonable, and necessary.

iii. Build America, Buy American. “Buy America” preference applies to Federal financial assistance awards that include construction components, even if it is funded by both Federal and non-Federal funds under the award. Subawards should conform to the terms and conditions of the Federal award from which they flow. A Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to a construction project. Refer to the General Terms and Conditions for additional information:

https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html

iv. Indirect Costs Recovery. If requesting indirect costs, provide the calculation specifying the amounts used in applying the base (the base specified in the applicable rate agreement) by the applicable rate. The calculation can be displayed in different formats but must capture the components (i.e., amounts used in determining the base and the rate applied to the base).

A. To be eligible to recover any indirect costs under a federal award, recipients must either 1) have a current negotiated indirect cost rate agreement (NICRA) with a federal agency that has not expired; or 2) qualify for use of the de minimis rate authorized by 2 CFR 200.414(f) and described below.

For-profit entities (if eligible to apply) must obtain a NICRA from their cognizant agency. USDA will not accept an indirect cost agreement negotiated or approved by the Defense Contract Audit Agency.

B. Any non-Federal entity (except State and local governments that receive more than $35 million per year in Federal funding) that does not have a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10 percent of modified total direct costs (MTDC) which may be used indefinitely. No documentation is required to justify the 10 percent de minimis indirect cost rate, simply indicate in your budget narrative that the recipient elects to use the de minimis rate. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs.

C. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time.

v. Indirect Costs Limitations.

https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html https://www.ecfr.gov/current/title-2/section-200.403

A. In accordance with USDA’s annual appropriations act, indirect costs will be limited to no more than 10 percent of total direct costs for non-profit organizations or institutions of higher education that receive a cooperative or contribution agreement. The 10 percent indirect cost rate applies to both federal and non-federal funds. Other types of entities are not subject to this statutory limitation.

B. Applicants not subject to a statutory limitation, which have a current NICRA must calculate indirect costs using the rate and base specified in their NICRA. A recipient may voluntarily reduce or waive recovery of indirect costs at its sole discretion and must not be encouraged or coerced in any way to do so by the agency. A copy of the applicant’s current NICRA must be provided with the application. Indirect costs may not be recovered under an expired NICRA. However, if an applicant with a current NICRA is subject to the statutory limitation, indirect costs must be calculated as follows. First, multiply the NICRA rate by the base stated in the NICRA to arrive at Amount A. Next, multiply the statutory limit of 10 percent by the total of all direct costs to arrive at Amount B. The lower of Amount A and B is the amount of indirect cost to include on the budget.

C. Recipients are prohibited from shifting unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

D. Applicants who are individuals applying for funds separate from a business or non-profit organization they may operate are not eligible to charge indirect costs to their award. If you are an individual applying for funding, do not include any indirect costs in your proposed budget.

iv. Cost Share or Matching. N/A

Refer to the Budget Narrative Guidance located in the appendices section for information about making contract vs. subaward determinations.

e. Grants.gov Lobbying Form

Under Title 31 of the United States Code, Section 1352, an applicant, or recipient must not use any federally appropriated funds (both annually appropriated and continuing appropriations) or matching funds under a grant or cooperative agreement award to pay any person for lobbying in connection with the award.

Lobbying is defined as influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress connection with the award. Submission of an application also represents the applicant’s certification of the statements in 2 CFR Part 418, Appendix A-Certification Regarding Lobbying.

f. Statement of Current and Pending Support.

Submit a Statement of Current and Pending Support for each key personnel who will participate in the project. Use the template located in the Related Documents tab of the opportunity.

g. SF-LLL, Disclosure of Lobbying Activities

SF-LLL, Disclosure of Lobbying Activities, must be submitted only if you/your organization have/has made or agrees to make any payment using non-appropriated funds for lobbying. See 2 CFR 418.110 for more information on when additional submission of this form is required.

h. Negotiated Indirect Cost Rate Agreement (NICRA), if applicable

If charging indirect costs using a NICRA (including for cost share), upload the NICRA under Other Attachments (listed as an Optional Form) in the Grants.gov Opportunity Application Package.

i. Disclosure of Potential Conflict of Interest

In accordance with 2 CFR 400.2, applicants must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees in the selection, award, and administration of Federal awards. No employee, officer, or agent may participate in the selection, award, or administration of a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties referenced, has a financial or other interest in, or a tangible personal benefit from, an applicant considered for a federal award. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the applicant.

If the applicant has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the applicant must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflict of interest means that because of the relationships with a parent company, affiliate, or subsidiary organization, the applicant is unable or appears to be unable to be impartial in conducting a federal award action involving a related organization.

Applicants must disclose in writing any potential conflicts of interest to the USDA awarding agency or pass-through entity. Include the name of the individual, the name of the entity with which the individual has a conflict, the nature of the financial or other interest, the value of the interest, a description of how the interest relates to your application. Upload disclosures under Other Attachments (listed separately under Optional Forms) in Grants.gov. If no conflict exists, no submission is required.

j. Post Award Documentation

Every funded project that involves ground disturbance activities is subject to the National Environmental Policy Act (NEPA). NRCS must complete an environmental review of each awarded project before project commencement. Environmental Assessments (EA) or Environmental Impact Statements (EIS) will be the responsibility of NRCS.

In addition, a National Historic Preservation Act (NHPA) Section 106 review and consultation by NRCS State or area office with consulting parties (such as the pertinent State Historic Preservation Officer and federally recognized Indian Tribes) may be required prior to the implementation of project activities that have the potential to impact cultural resources. NHPA Section 106, its implementing regulations (36 CFR Part 800), and other related authorities, require Federal agencies to determine if a project has the potential to cause an effect to historic properties and, if so, if they are adverse and how the effects may be addressed. The NHPA review and compliance in accordance with Section 106 of NHPA and implementing regulations at 36 CFR Part 800 must be completed by NRCS and applicants may be required to pay for any cultural resource surveys needed for NRCS to assess restoration effects. More information on the applicant’s role in NHPA Section 106 process can be found at this website: Section 106 Applicant Toolkit | Advisory Council on Historic Preservation (achp.gov)

k. Unique entity identifier (UEI) and System for Award Management (SAM)

Each applicant (unless the applicant is an individual excepted from those requirements under 2 CFR 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR 25.110(d)) is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the agency is ready to make an award, it may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

Entities must obtain a UEI and register in SAM prior to registering with Grants.gov. A description of each is below. Entities are strongly encouraged to apply early for their SAM registration.

System for Award Management (SAM) Registration: To register, go to:

https://www.sam.gov. The Federal Service Desk is available for registration assistance and can be contacted via the Help tab at the website listed above.

Awarding agency staff cannot support applicants regarding UEI or SAM issues.

https://www.achp.gov/digital-library-section-106-landing/section-106-applicant-toolkit https://www.achp.gov/digital-library-section-106-landing/section-106-applicant-toolkit https://www.sam.gov/

4. Submission Dates and Times and Correspondence

Applicants must submit applications via Grants.gov. Applications must be received by 11:59 pm Eastern Time (ET) on May 25th, 2023. An application submitted or resubmitted after the deadline is late (an application is considered on time at 11:59.59 pm ET, but it is late at 12:00 am ET). Late submissions will not be reviewed or considered.

Grants.gov will provide either an error or a successfully received transmission in the form of an email sent to the applicant with the Authorized Organizational Representative (AOR) role attempting to submit the application. The Grants.gov Support Center reports that some applicants end the transmission because they think that nothing is occurring during the transmission process; be patient and give the system time to process the application.

If you have trouble submitting an application to Grants.gov, you should FIRST contact the Grants.gov Help Desk to resolve any issues. Keep a record of any such correspondence. See Section D. 2. for Grants.gov contact information.

For applications successfully transmitted to Grants.gov before the deadline: The applicant with the AOR role who submitted the application will receive:

• an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov

• an email with the official date/time stamp (this stamp is used to determine if the application was received prior to the deadline) and Grants.gov.

When the agency successfully retrieves the application from Grants.gov and acknowledges the download of submissions, Grants.gov will also provide an electronic acknowledgment of receipt of the application to the applicant.

5. Intergovernmental Review

This funding opportunity is not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.” When completing the SF-424, check block c, “Program is not covered by E.O. 13272.”

6. Funding Restrictions

Funds may not be used to pay any of the following costs unless otherwise permitted by law and approved in writing by the agency in advance of incurring such costs:

a. Profit and management fees. Any funds awarded to for-profit entities must be used for reimbursement of award related direct and indirect costs only.

b. Costs above the amount of funds authorized for the project.

c. Costs incurred prior to the effective date of the award, including time spent applying for this opportunity.

d. Costs which lie outside the scope of the approved project and amendments thereto.

e. Entertainment costs, regardless of their apparent relationship to project objectives.

f. Compensation for injuries to persons, or damage to property arising out of project activities.

g. Consulting services performed by a federal employee during official duty hours when such consulting services result in the payment of additional compensation to the employee.

h. Capital expenditures for general purpose equipment, buildings, and land and for improvements to land, buildings, or equipment which materially increase their value or useful life. See 2 CFR 200.439 for additional information.

i. Meals may be charged to an award only if they are necessary for the performance of the project. For instance, meals (normally only lunch) that are a necessary part of the costs of meetings and conferences (i.e., required attendance and continuity of a meeting), the primary purpose of which is the dissemination of information, are allowable, as are costs of transportation, rental of facilities, speakers’ fees, and other items incidental to such meetings or conferences. Note: Meals consumed while in official travel status do not fall in this category. They are considered to be per diem expenses and should be reimbursed in accordance with the organization’s established travel policies subject to statutory limitations or in accordance with Federal travel policies.

j. Costs normally charged as indirect costs may not be charged as direct costs without proper justification and agency approval. Proper justification includes documentation that the costs meet the criteria for allowability (see 2 CFR 200.403).

Examples of such costs include…