Wisconsin AFP 4-6-2017.pdf

U.S. DEPARTMENT OF AGRICULTURE (USDA)

AGENCY: Natural Resources Conservation Service (NRCS), Wisconsin State Office

ACTION: NOTICE

Announcement for Program Funding Wetland Restoration and Management Assistance – Wisconsin

Funding Opportunity Number: USDA-NRCS-WI-ACEP-17-01

Catalog of Federal Domestic Assistance (CFDA) Numbers: 10.931 – Agricultural Conservation Easement Program, 10.072 – Wetlands Reserve Program

DATES: Applications must be received by NRCS before 1:30 p.m. CST, July 24, 2017

SUMMARY:

The Natural Resources Conservation Service in Wisconsin is requesting proposals to provide implementation of restoration activities on eligible Agricultural Conservation Easement Program - Wetlands Reserve Easements (ACEP-WRE). With the signing of the 2014 Farm Bill, the Wetlands Reserve Program (WRP) was de-authorized and program purposes were assimilated into ACEP-WRE.

While both WRP and ACEP-WRE easements will undergo wetland restoration and management activities under this agreement, for consistency with current program offerings, all references from this point forward will be made to the 2014 Farm Bill title of ACEP-WRE. The objective of ACEP-WRE is to provide technical and financial assistance to landowners in planning, designing and implementing wetland and associated upland restoration plans that maximize wildlife habitat in wetland systems, as well as provide water quality improvements, reduced soil erosion, reduced impacts of flooding and provide wildlife habitat opportunities for threatened and endangered species. Applicants will be responsible for assisting NRCS and landowners by providing technical assistance to implement ACEP-WRE restoration and management plans. Performance may include any part or all operations necessary to implement and inspect practices, and manage projects for various wetland restoration, management and enhancement practices and other related conservation practices that meet NRCS standards and specifications.

Proposals are being requested from eligible government or non-government organizations, tribes, or individuals for competitive consideration of cooperative agreements with a period of performance not to exceed five years.

PROPOSAL DUE DATE AND ADDRESSES:

Proposals must be received in the Wisconsin NRCS State Office by 1:30 p.m., Central Daylight Time (CT) on July 24, 2017. Send documents to Greg Kidd, Assistant State Conservationist for Easements:

greg.kidd@wi.usda.gov with a courtesy copy to Kristin Westad, Easement Specialist:

kristin.westad@wi.usda.gov. If applicants choose to deliver documents that are not conveniently conveyed by email, you may submit that portion of the proposal using express mail or overnight courier service at: USDA Natural Resources Conservation Service, ATTN: Greg Kidd, Assistant State Conservationist for Easements, 8030 Excelsior Drive, Suite 200, Madison, Wisconsin, 53717.

mailto:greg.kidd@wi.usda.gov mailto:kristin.westad@wi.usda.gov

FUNDING OPPORTUNITY DESCRIPTION:

A. Legislative Authority

The Agriculture Conservation Easement Program – Wetland Reserve Easement (ACEP-WRE) was authorized as part of the Agricultural Act of 2014. The Secretary may request the services of non-Federal entities to assist the Secretary in providing the assistance necessary to develop and implement conservation programs under this title. The Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308, Public Law 95-224) is authorized to enter into grants and cooperative agreements to accomplish a public purpose or stimulation of an activity authorized by statute. The NRCS may do this through entering into cooperative agreements with an awardee or other cooperator.

B. Overview

ACEP-WRE is a voluntary program with this purpose: to conserve, protect, and enhance the nation’s wetland ecosystems. The program promotes the restoration, enhancement, protection, maintenance and management of wetland systems and adjacent land that contributes significantly to wetland functions and values. Through ACEP-WRE, landowners may receive assistance to install or implement structural or vegetative wetland and associated upland restoration practices on eligible land. ACEP-WRE provides that the USDA-NRCS may request the services of, and enter into cooperative agreements with, non-Federal entities to assist in providing the specialized assistance necessary to implement conservation plans under these programs. The agency is directing resources toward the restoration of degraded wetlands across the state of Wisconsin.

The NRCS is requesting proposals from qualified individuals and organizations that share a common interest in the conservation and restoration of wetland resources throughout Wisconsin.

C. Project Description

Applicants will be responsible for assisting NRCS by providing specialized assistance to implement ACEP-WRE restoration plans and vegetative management, while at the same time improving and protecting wetland habitat for environmental benefits. Performance may include any part or all operations necessary to perform vegetative and hydrologic restoration or vegetative management in a timely and effective manner. Work shall include any or all of the following wetland restoration and enhancement activities: securing permits, implementing management, construction, vegetative planting and maintenance. All services shall be provided in accordance with NRCS construction plans and applicable NRCS policy and criteria that can be found at the following websites: NRCS Field Office Technical Guide (FOTG):

http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg/; and NRCS National Engineering Handbook, and National Engineering Manual References:

http://directives.sc.egov.usda.gov/. Once on the Directives website, from the left-hand side, select “Handbooks” or “Manuals” and expand Title 210 – Engineering.

Awardees will perform all work in close coordination with the local NRCS Soil Conservation Technician, Civil Engineering Technician, Farm Bill Biologist, District Conservationist, and/or Area Engineer. NRCS will complete the engineering, survey, design, drawings, specifications, quality assurance plans, and seeding plans which will provide the basis for the government estimate. NRCS will forward the conservation plan, schedule, and design specifications to the awardee(s) and request the submission of a cost proposal and breakdown. NRCS and awardee will collaborate on restoration plans and implementation procedures. NRCS will negotiate with http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg/%3B http://directives.sc.egov.usda.gov/.%20%20O http://directives.sc.egov.usda.gov/.%20%20O the awardee(s) if the proposed costs are not deemed fair and reasonable considering the government estimate. Once a project is received, the awardee will complete the assigned project during the performance period identified in project documentation. NRCS intends for the final project funding to be determined on a site-by-site basis.

Typical wetland engineering practices and biological practices for ACEP-WRE projects may include but are not limited to the following Conservation Practice Standards: Critical Area Planting (342), Dike (356), Fence (382), Structure for Water Control (587), Subsurface Drainage (606), Underground Outlet (620), Wetland Wildlife Management (644), Wetland Restoration (657), Wetland Enhancement (658), Brush Management (314), Herbaceous Weed Control (315), Conservation Cover (327), Prescribed Burning (338), Firebreaks (394), Tree and Shrub Site Preparation (490), Tree/Shrub Establishment (612), Upland Wildlife Habitat Management (645), Early Successional Habitat Development and Management (647), and Forest Stand Improvement

(666) and others as deemed necessary and applicable by the Wisconsin NRCS. All practice standards must be met and are described in the NRCS electronic FOTG, which can be found at:

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

NRCS expects the awardee to implement restoration activities, provide the inspection and quality control and the as-built documentation for implementation of each ACEP-WRE restoration project awarded. NRCS staff and the awardee will collaborate as needed on the restoration planning and installation. NRCS requires that the selected partner provide the expertise to provide technical assistance on wetland restoration planning and management. The awardee will provide to the NRCS a status report at least monthly of work in progress and any other documentation as may be required by the NRCS standards and specifications.

Location of Services: Throughout Wisconsin USDA Service Center Location: All Wisconsin Field Offices

Wisconsin NRCS anticipates the following involvement, which is deemed substantial, in carrying out projects funded with Federal assistance provided through a cooperative agreement under this announcement.

Wisconsin NRCS will:

• Conduct an initial briefing at the Wisconsin NRCS State Office in Madison, Wisconsin, prior to award to discuss the goals and objectives of the specific projects and work items to be conducted under the agreement.

• Designate a liaison and responsible officials to participate in the planning and management of the cooperative agreement and coordinate activities between the awardee and Wisconsin NRCS.

• Designate a technical representative for the implementation of each project.

• Complete engineering drawings, specifications, and seeding plans for each restoration project and stake/layout all projects in the field.

• Deliver conservation plan, schedule of operations, quality assurance plan, and project specifications to awardee(s) and request the submission of cost proposal and breakdown.

• Negotiate with the awardee(s) if the proposed costs are not fair and reasonable relative to the government estimate.

• Identify and prioritize work assignments at the Wisconsin State Office level with consultation from the Wisconsin NRCS Field Offices.

• Provide for state level coordination and guidance of the NRCS technical specialists.

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

• Conduct quality assurance reviews for services and materials provided under the agreement.

• Provide access to NRCS technology and technical tools to the maximum extent possible.

• Provide necessary threatened and endangered species reviews.

• Provide necessary cultural resource checks and National Environmental Policy Act compliance documentation.

• Approve new technologies and innovative practices, including applicable standards and specifications, prior to the applicant applying those practices.

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

• 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.

• Pay the awardee after receiving invoice and certifying practices as complete.

Awardee will, in accordance with NRCS Standards & Specifications where applicable:

• Solicit bids for implementation of restoration practices.

• Provide the required government permits.

• Provide administrative oversight for all aspects of the restoration implementation process.

• Oversee day-to-day implementation and inspection of restoration practices.

• Organize and conduct necessary meetings to facilitate implementation of the restoration plan.

• Regularly compile field notes on the progress of implementation activities and provide them to NRCS upon completion of the project.

• Promptly communicate to NRCS any complications encountered during implementation of restoration practices which may require modifications to the task order.

• Conduct final inspection/check out consistent with NRCS specifications.

• Pay vendors for restoration activities.

• Provide as-built documentation to NRCS upon completion of restoration implementation in a format agreed to by both parties.

• Submit invoices to NRCS.

These activities will occur in accordance with the restoration drawings and vegetation plans that NRCS provides. NRCS will provide to the awardee a package for each project containing restoration plans, landowner contact information, engineering plans, construction drawings, specifications, practice maps, planting plans, location maps, and a task order detailing planned practice quantities, agreed-to prices and proposed completion dates.

D. FUNDING AVAILABILITY

All awards are subject to the availability of sufficient funds being appropriated by Congress and apportioned by the Office of Management and Budget to support the full cost of service to implement specialized assistance activities. Cooperative agreements will be awarded competitively to applicants. 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 and implementing wetland and associated upland restoration activities. The amount of funds available for this program is not fixed and may vary considerably from the current funding level. NRCS may develop amendments to the agreement(s) upon availability of funding in future years (approximately a 5-year period). The work may be performed statewide.

The cooperative agreements will have a period of performance between three to five years as determined by NRCS. Work under this cooperative agreement is subject to satisfactory negotiation of individual or grouped conservation plans of operation projects. There will be no minimum or maximum price on any plans. The maximum amount of reimbursement for each cooperative agreement period shall be determined by available funds. There shall be no guaranteed minimum. NRCS may award multiple cooperative agreements as a result of this announcement. NRCS will order projects as needed beginning from the date of the award of the agreement for a period not to exceed five years.

E. INDIRECT COSTS

Section 708 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, limits indirect costs under cooperative agreements between USDA and nonprofit institutions, including institutions of higher education, to ten (10) percent of the total direct costs of the agreement. Section 708 authorizes an exception to the ten-percent limit for institutions that compute indirect cost rates on similar bases for all agencies for which the Act makes appropriations. If the applicant has an indirect cost negotiation agreement, it should be submitted with the application. Proposals from colleges and universities must provide a statement in the budget narrative verifying that the indirect costs requested are in accordance with institutional policies. Wisconsin NRCS will identify and consider the value of federally supported facilities, supplies, vehicles and equipment in negotiating allowable indirect costs for Conservation Districts or other Partners currently operating within USDA Service Centers.

Unrecovered indirect costs are not allowable.

F. ELIGIBLE APPLICANTS

A listing of possible eligible applicants is as follows:

• County governments

• City or township governments

• Special district governments

• Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education

• Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education

• Institutions of higher education, colleges and universities

• Private organizations

• For profit enterprises

• Tribal governments

• Individuals

G. PROPOSAL AND SUBMISSION INFORMATION

Proposal amendments and notifications, if required, will be managed through grants.gov and associated e-mails registered on that system.

1. How to Obtain Proposal Materials

All OMB standard forms necessary for proposal submission are posted on the following site:

http://grants.gov. The following forms are required for each proposal:

Form Submit form

With Proposal

After Award

Standard Form 424 Application for Federal Assistance x Standard Form 424A Budget Information – Non- Construction Programs x

Standard Form 424B Assurances – Non-Construction Programs x

Standard Form 424C Budget Information – Construction Programs x

Standard Form 424D Assurances – Construction Programs x

Standard Form LLL Disclosure of Lobbying Activities x AD-1047 Certification Regarding Debarment, Suspension and Responsibility Other Matters – Primary Covered Transactions x

AD-1048 Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions x

AD-3030 Representations Regarding Felony Conviction and Tax Delinquent States for Corporate Applicants x

SF-425 Financial Status Report x SF-270 Request for Advance or Reimbursement x

2. Proposal Content and Format

Proposals must contain the information set forth below in order to receive consideration for an award. Applicants should not assume prior knowledge on the part of NRCS or others as to the relative merits of the work described in the proposal. Proposal must include all required forms and narrative sections described below; incomplete proposals will not be considered.

Do not include letters of support, endorsement or recommendations for award.

It is the sole responsibility of the applicant to complete the grant or cooperative agreement proposal. Applicants should refer to http://grants.gov to apply. Further, the applicant must respond to the Evaluation Factors for Award, provide cost data to support a proposed budget and include project narratives with a detailed discussion of the project and methodology used.

a. Cover Sheet

Proposals must use Standard Form 424 (including SF-424A, SF-424B, SF-424C, and

SF-424D) with the required information filled in and the certified assurance signed as the cover sheet for their proposal. NOTE: All applicants must provide DUNS number in Block 5. By signing the proposal form the applicant is providing the required certifications set forth in 7 CFR Part 3017 regarding Debarment and Suspension and Drug Free Workplace, and 7 CFR Part 3018, regarding Lobbying.

The applicant will must provide written designation of the person(s) who has the authority to execute the contract and all related documents prior to entering into the contract with NRCS.

b. Project Funding

The SF-424 will document pricing information for the initial one year project period.

Address all data points as applicable. The evaluation of pricing information will insure all costs are allowable in accordance with the following paragraph. You may show the percent of funding to be provided by each source in Block 15 of the SF-424.

Applicants shall attach additional sheets to the SF-424 including rates for the following:

personnel listed by labor category, equipment, materials and supplies, travel, all other costs and indirect costs. For successful awardee(s), any agreed-to rates will be incorporated into the agreement and be the basis for future orders.

Show all funding sources. Funds may be required from the NRCS under any of the line items listed above provided that the item or service for which support is required is identified as necessary for successful implementation of the proposed project, is allowable under the authorizing legislation and the applicable Federal cost principles and is not prohibited under any applicable Federal statute.

Show any costs that the applicant will contribute in support of the project, including the organization’s level of commitment in terms of the staff, equipment, and/or funding support necessary to leverage the project.

c. Project Description

The proposal shall include a narrative statement that addresses the following as a minimum:

• A description of the resources and experience of the organization necessary to successfully perform implementing wetland and associated upland restoration activities.

• The organization’s level of commitment in terms of the staff, equipment resources, and/or funding support necessary to leverage the cooperative agreement.

• A brief 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.

• A list of past experiences in providing implementation of wetland and associated upland restorations for conservation contracts. Provide contact information for people at past restoration implementation projects who NRCS may contact.

• The proposal shall include an appendix. Include only the material necessary to support information provided in the narrative. Include copies of documents, brochures, etc. to demonstrate experience, knowledge, skills and abilities.

d. Certifications

All applicants must include a signed SF-424B, Assurances, Non-Construction Programs and SF-424D, Assurances, Construction Programs. By signing and submitting a proposal, assure and certify that they are in compliance with following from 7 CFR:

• Part 3017, Government-wide Debarment and Suspension (Non-procurement;

• Part 3018, New Restrictions on Lobbying;

• Part 3021, Government-wide Requirements for Drug-Free Workplace (Financial

Assistance).

e. DUNS Number

A Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. A Federal Register notice of final policy issuance (68 FR 38402) requires a DUNS number in every proposal (i.e. hard copy and electronic) for a grant or cooperative agreement (except proposals from individuals) submitted on or after October 1, 2003. Therefore, potential applicants should verify that they have a DUNS number or take the steps needed to obtain one. For information about how to obtain a DUNS number go to http://fedgov.dnb.com/webform or call 866-705- 5711. Please note that the registration may take up to 14 business days to complete.

f. Required System for Award Management (SAM) Registration

The System for Award Management (SAM) is a government-wide vendor registry that maintains information on federal payment recipients. This database will also be used as a central location for maintaining organizational information for organizations seeking and receiving grants or cooperative agreements from the Government. Applicants must register with SAM. To register, visit http://www.sam.gov. To complete the registration in SAM you will need: DUNS number; EIN or Social Security Number; Business Information; and Banking Information. The SAM registration must be completed by the time the award is made or the awardee will be considered ineligible.

3. How to Submit a Written Proposal

Applicants should submit their project proposal via email. Email submissions should be sent to Greg Kidd, Assistant State Conservationist for Easements: greg.kidd@wi.usda.gov with a courtesy copy to Kristin Westad, Easement Biologist: kristin.westad@wi.usda.gov.

http://www.sam.gov/

4. Proposal Due Date

Proposals must be received no later than July 24, 2017, 1:30 p.m. Central Daylight Standard Time . NRCS will not consider applications received after that time.

5. Acknowledgment of Submission

NRCS will acknowledge proposals received by the due date with an email response. If an applicant has not received an acknowledgment within 30 days of the submission, the applicant must contact the administrative contact (see “Agency Contacts” above) immediately.

H. EVALUATION CRITERIA

The Wisconsin NRCS anticipates the possibility of multiple awards for this announcement.

Prior to the evaluation review, each proposal will be screened for completeness and compliance with the provisions of this notice by the appropriate NRCS staff. Incomplete proposals and those that do not meet the provisions of this notice will be eliminated from competition and notification of elimination will be mailed to the applicant.

Proposals meeting the provisions of this notice will be evaluated by an interdisciplinary evaluation team against the evaluation criteria. The evaluation team will make recommendations to the State Conservationist for final selection and award.

The focus of the evaluation will be the responses to the evaluation criteria. The applicant is not required to submit a sample project or associated pricing. Applicants are welcome to reference NRCS restoration examples or sample projects if they choose.

The proposals will be evaluated using the following criteria that are listed in descending order of importance:

1. Specialized experience and technical competence in the type of work required (40%)

Evaluation will be based on the extent of related experience in planning, designing, and implementing wetland and associated upland restorations. Consideration will be given to those applicants with knowledge of and direct experience in implementing wetland and associated upland restorations in Wisconsin. Some key areas of expertise that will be evaluated include, but are not limited to:

• Organizational capabilities. The adequacy of organizational resources and experience to successfully install wetland restoration projects. Share in a common mission that supports the natural resource conservation efforts with private landowners.

• Project personnel. The reasonableness and feasibility of the applicant’s approach and expertise for successfully achieving the objectives of the project within the required time frame.

• Understanding the intent of ACEP-WRE. The applicant’s recognition of the value and need of the project and the full understanding of the intent of ACEP-WRE.

Ability to demonstrate successful past projects and credibility of working with private landowners.

• Experience. Working on wetland restoration in the State of Wisconsin or similar ecosystems. Examples of previous work may be documented for review.

• Knowledge of Wisconsin Department of Natural Resource permit requirements and experience securing necessary permits for work in wetlands.

2. Professional qualifications necessary for satisfactory performance (20%)

Evaluation will be based upon the number of qualified personnel, their knowledge and experience associated with the requirements above, and their availability to perform work on this agreement.

3. Capacity to accomplish the work (15%)

Evaluation will be based upon the number of qualified personnel in Wisconsin, the quantity of existing work under contract and the schedules for completion of the existing work, and the capacity to perform multiple projects simultaneously throughout the state.

4. Past performance regarding work of this nature (15%)

Past experience with other government agencies and other organizations in regards to work of this nature and the quality and timeliness of performance of work performed.

5. Best value to the government (10%)

NRCS will assess the applicants’ submitted cost rates and the above results as a whole and determine the best value.

Selection

Each proposal will be evaluated and ranked in accordance with the evaluation factors listed above. NRCS reserves the right to select more than one applicant for award. Applicant(s) may be selected to perform work by Wisconsin NRCS Area(s), other geographical or program area, statewide or combination(s) thereof. After selection, NRCS will enter into negotiations with the selected applicant(s) to discuss cost and the terms and conditions of the cooperative agreement to be signed. The cooperative agreement will identify the USDA Field Office(s) or locations to be served. NRCS has the option to cancel the announcement if there are no qualified applicants or limit the number of awards made from this announcement.

If NRCS makes multiple awards, NRCS reserves the right to designate which restoration projects are to be completed by which awardee. It is expected that restorations will be packaged in groups to obtain the best value to the government.

I. AWARD INFORMATION

1. Award Notification

Applicants who have been selected will be notified by the State Conservationist. Applicants whose proposals have not been selected will be notified by official letter.

2. Cooperative Agreement

The NRCS will use a cooperative agreement with selected applicants to document the agreement parameters. The cooperative agreement will include:

• Project purpose;

• Project objectives and deliverables;

• Project progress and budget reporting requirements;

• Award amount and budget information;

• Information regarding requests for advance of funds or reimbursement;

• Other requirements and terms deemed necessary to protect the interests of the United

States.

Neither the approval of any proposal nor the award of any cooperative agreement commits or obligates the United States to provide further support of a project or any portion thereof or implies any endorsement.

J. REPORTING REQUIREMENTS

Awardees must submit a Financial Status Report (SF-425) no later than 30 days after end of each quarter and 90 days after completion of project. NRCS will also request a quarterly accrual for open obligations. An accrual is the amount or value of the work the awardee is performing or has performed for NRCS, for which there is no invoice or payment.

In addition, no less than monthly, the awardee must submit a written progress report to the NRCS Wisconsin State Office. Each progress report shall cover work performed including any time extensions, and a comparison of actual accomplishments to project goals.

The NRCS will designate a Contractor Representative and an Administrative contact for the agreement. These individuals will have technical oversight and administrative oversight responsibility for the agreement. The awardee must comply with any requests for information from these individuals. NRCS recommends that the awardee work closely with these individuals throughout the course of the agreement.

K. TERMS AND CONDITIONS OF THE AWARD

This announcement is subject to “Variations in Quantity” and “Variations in Delivery”.

By accepting an award, the applicant assures the United States Department of Agriculture (USDA) that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies.

Successful applicants will attend an initial briefing prior to award to discuss the goals and objectives of the project and items of work to be conducted under the agreement.

The applicant shall comply with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set out in 7 CFR 3015, 3016, 3017, 3018, 3019 and 3052 which will be incorporated into the agreement by reference and such statutory provisions as are specifically set forth in the agreement.

The OMB Circulars will be incorporated by reference and made a part of each agreement awarded as it applies under this process. Applicants are encouraged to review the appropriate circulars prior to requesting federal funds. OMB circulars may be viewed online at http://www.whitehouse.gov/omb/circulars_default/. CFR’s may be found at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR. Failure of an applicant to comply with any provision may be the basis of withholding payment for proper charges made by the applicant and for termination of support. Federal Statutes and regulations that apply to this program include, but are not limited to the following:

• 7 CFR Part 3 – USDA implementation of OMB Circular A-129 regarding debt collections;

• 7 CFR Part 1, Subpart A – USDA implementation of the Freedom of Information Act;

• 7 CFR Part 15, Subpart A – USDA implementation of Title VI of the Civil Rights Act of

1964;

• 7 CFR Part 3015 – USDA Uniform Federal Assistance Regulations, implementing OMB directives (i.e., Circular Nos. A-102, A-110, A-21, A-87, A-122) and incorporating provisions of the 31 U.S.C. 6301- 6308, as well as general policy requirements applicable to recipients of Departmental financial assistance;

• 7 CFR Part 3016 – USDA Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;

• 7 CFR Part 3017 – USDA Implementation of Government wide Debarment and

• Suspension (non-procurement) and Government wide Requirements for Drug-Free

Workplace;

• 7 CFR Part 3018 – USDA implementation of New Restrictions on Lobbying. Imposes prohibitions and requirements for disclosure and certification related to lobbying on recipients of Federal contracts, grants, cooperative agreements and loans;

• 7 CFR Part 3019 – USDA Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations;

• OMB Circular A-21 – Cost Principals for Educational Institutions;

• OMB Circular A-87 – Cost Principals for State, Local and Indian Tribal Governments;

• 7 CFR Part 3052 – USDA Implementation of Audits of States and Local Governments and Non-Profit Organizations;

• 5 CFR part 2635 – Standards of Ethical Conduct;

• Comply with Public Law 109-282 (S2590), Federal Funding Accountability and

Transparency Act of 2006, and 2 CFR, Part 175 (b), Award Term for Trafficking in Person. Comply with the “Privacy Act.”

Additional information related to the Agricultural Conservation Easement Program – Wetland Reserve Easement can be found at the following link:

https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/programs/easements/acep/?cid=stelprd b1242695 http://www.whitehouse.gov/omb/circulars_default/ http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/programs/easements/acep/?cid=stelprdb1242695 https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/programs/easements/acep/?cid=stelprdb1242695