Youth Special Conditions and Provisions.pdf

Special Conditions and Provisions:

1. The Service will not require the participants to sign an OMB 301A Volunteer Services Agreement form.

2. Service rules regarding physical security and personal security apply to all Recipient participants while on Service property and/or while conducting work on behalf of the Service.

3. Recipient participants, Project Leaders and Crew Leaders shall not be assigned law enforcement or wildfire-fighting duties, with the exception of prescribed burns, and shall not be permitted to handle or discharge any firearms or explosives unless provided prior written permission by Recipient and the Service.

4. Recipient participants, Project Leaders and Crew Leaders shall only operate mechanized equipment when provided all necessary safety training prior to the use of such equipment and only with on-site oversight by the Service.

5. Recipient high school-age participants shall not be allowed to operate any motorized vehicle.

6. Recipient participants over the age of 18 or 21 (ACE 21) may be allowed to drive a vehicle owned, rented, leased or loaned by or to the Service only when:

The vehicle is used with written permission from the Service’s field manager, only for official agency use;

The driver is properly licensed and qualified to operate the vehicle, and all such vehicle use, maintenance, training and operation is in compliance with Service policy 243 FW 1,Safe Operation of Motor Vehicles and Motor Equipment and all other applicable policies for usage of Service motor vehicles;

The driver has completed a defensive driving course within the last three years;

Before field work requiring the use of a motorized vehicle begins, the relevant Service site coordinator has provided to the Recipient’s Agency contact written documentation that all of the above criteria have been met. Such documentation may be provided electronically; and

Both the driver and the vehicle will be covered by insurance policy maintained by the Recipient covering the use of such vehicle.

7. Recipient shall maintain its current general liability insurance and of not less than$1,000,000 per occurrence for bodily injury and property damage, subject to the usual and customary policy conditions, including standard exclusion on vehicles licensed for highway use and on property in the care, custody and control of the policy holder.

Recipient shall maintain insurance to cover both the driver and vehicle whenever any Recipient participant or Recipient staff member will drive a vehicle owned, rented, leased or loaned by or to the Service.

8. Recipient is solely responsible for providing workers compensation coverage to all Recipient participants and staff, including Project Leaders and Crew Leaders. The Federal Employees Compensation Act (FECA) covers all civilian Federal employees except for non-appropriated fund employees. There is additional special legislation which provides potential coverage to Peace Corps and VISTA volunteers; Federal petit or grand jurors, volunteer members of the Civil Air Patrol, ROTC, Job Corps, YCC, and non-Federal law enforcement officers under certain circumstance involving crimes against the US. And of course, FWS volunteers have certain coverage dependent on VSAs.

9. The Service reserves the right to terminate any participant or Recipient staff member placed in a Service assignment. Recipient reserves the right to withdraw any participant or Recipient staff member that Recipient finds:

Was not provided adequate training for the tasks assigned or is not being actively or effectively mentored by a qualified Service employee, or

Was assigned work by the Service that is not covered by an approved and accepted cooperative agreement scope of work and/or available budget, or

Was not provided appropriate or adequate housing (as compared to the available housing), or

Was assigned duties by the Service that Recipient finds dangerous, hazardous, prohibited or otherwise inappropriate.

10. Recipient may issue uniforms; however, they must not have any similarity to official Service uniforms and must not bear the Service logo. Recipient participants and staff must not wear a Service uniform. Refer to 18 USC 701 for the legal restrictions on use of official insignias and consequences for misuse.

11. When the Service provides training through the National Conservation Training Center, participants have the option to receive academic credits through Shepherd University, when appropriate.

12. Title to all Service-owned property, such as tools, equipment, facilities, machinery, and vehicles, furnished by the Service to participants and Recipient staff to support activities funded under this program will remain vested with the Federal Government. Recipient staff and participants are not authorized to use Service-owned property on other activities not sponsored by the Service or to provide services to non-Federal outside organizations.

13. For each Public Lands Corps (PLC) Participant requesting written certification, Recipient will certify that all PLC Participants, organizations, and projects meet the requirements set forth in Sections I, II, and III in Appendix A of the U.S. Fish and Wildlife Service Public Lands Corps Program Guidance, provide project descriptive information, track and sign PLC Participant Work Hours Verification (Appendix B) and the Certification of Non-competitive Hiring Status Based on Public Lands Corps Service (Appendix A), and maintain official files for each PLC Participant. Under Public Law No: 114-289 (National Parks Service Centennial Act) the eligibility age for participants in the PLC includes individuals between the ages of 16 and 30 inclusive. The period of non-competitive hiring status for former PLC members, who meet the eligibility, is two years from the completion of their most recent Corps service.

14. If the performance of this award requires recipient to have routine physical access to federally controlled facilities and federally controlled information network or systems, then the following conditions apply to this award:

The Recipient shall comply with agency personnel identity verification procedures identified in this award that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Recipient shall account for all forms of Government-provided identification issued to the Recipient’s employees in connection with performance under this award. The Recipient shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

o 1) when no longer needed for award performance;

o 2) upon completion of the Recipient employee’s employment; or o 3) upon award completion or termination.

The Service may withhold payment under this award if the Recipient fails to comply with these requirements.

The Recipient shall insert the substance of this clause, including this paragraph (d), in all subawards and contracts under this award, when the subrecipient’s or contractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Recipient to return such identification to the Service in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Service.

15. When a recipient uses or operates a Federal information system or creates, collects, uses, possesses, stores, or maintains, disseminates, discloses, or disposes of Personally Identifiable Information Personally Identifiable Information (PII) within the scope of this Federal award, the Service shall ensure that the recipient has written procedures in place to respond to an information breach and the recipient is required to notify the Federal awarding agency in the event of such a breach. The procedures should promote cooperation and the free exchange of information with Federal awarding agency officials, as needed, to properly escalate, refer, and respond to a breach.

16. As a condition of award, the Recipient and their sub-recipient(s) and contractor(s) must not begin any potentially impactful work related to this award until the Service has notified you in writing that such work can begin. Recipients and sub-recipients of Federal grants and cooperative agreement awards must comply with the requirements of the National Environmental Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA).

17. Recipient must include a 25% non-Federal cash and/or in-kind contribution for projects funded under the Public Lands Corps Act (PLC).

18. The Service will provide appropriate staff to oversee work assigned to recipient participants, provide appropriate work specifications and direction to recipient participants, Project and Crew Leaders, and provide site and project specific safety information to recipient.

19. Recipient must arrange all intern travel and cover all expenses associated with travel as detailed in the project Budget Narrative in accordance with the recipient’s written travel guidelines. If an organization does not have a written travel guidance then the organization must follow the Federal Travel Regulations.

20. The Service will provide duty transportation as required to carry out assigned projects.

21. The Service will ensure recipient participants and youth/veteran program members receive proper training and oversight for all activities funded under this award.

22. The service will upon notification or otherwise becoming aware of existing or potential problems of health and safety promptly notify the recipient’s personnel of the situation and provide the recipient an opportunity to eliminate existing or potential problems. If the recipient does not take corrective action promptly, the Service may direct the recipient and/or participants to cease work immediately until the issue has been corrected.

23. The Service will provide a written performance evaluation of each participant on forms provided by the recipient.

24. If the project includes individually placed participants from the recipient’s conservation intern programs, the Service will make the final decision on participants and will notify recipient of the names of candidates appropriate for the proposed project.

25. The recipient is responsible for determining the composition of crew-based projects.

26. If the Service provides housing, the Service will provide appropriate housing with utilities and/or camping sites with access to potable water for participants. Safety equipment will include a radio for remote locations.

PUBLIC PURPOSE and FWS SUBSTANTIAL INVOLVEMENT Public purpose is defined as government assistance for which the primary purpose is to promote the general welfare, security, prosperity, or public convenience as authorized by a Federal law.

1. All projects entered into under either the Public Lands Corps Act or the Fish and Wildlife Act Community partnership enhancement Authorities under the 15.676 Assistance Listing serve a public purpose since participants receive benefit through vocational and educational opportunities gained through their participation, and public lands are improved as a result of the work they provide.

2. Substantial involvement is defined as significant Service participation during the performance of a cooperative agreement. Examples include Service involvement in program management decisions; Service collaboration in the accomplishment of a project; or Service operational involvement or participation on a project such as:

a. Providing education support through project overviews to the PLC Participants

b. Explaining a public land’s site significance

c. Delivering informal and formal sessions about Service and career opportunities

d. Providing feedback to PLC crew leaders on project accomplishments

e. Providing technical assistance and training (e.g. plant identification, weed control methods, and/or worksite/safety orientation).

3. Service funding and monitoring/administering an agreement do not constitute substantial involvement.

4. All Public Lands Corps Act projects must include substantial involvement by the Service as a basic eligibility requirement.

HIRING AUTHORITIES

Department of the Interior (DOI) Personnel Bulletin (PB) 17-03 establishes the policy and procedures for providing former members of the Public Land Corps non-competitive hiring status for permanent competitive positions with the Service upon meeting the following requirements.

1. The former PLC participant was between the ages of 16 through 30 years during his/her participation in the PLC.

2. Served a minimum of 640 hours of satisfactory service on an appropriate conservation project that included at least 120 hours on Federal public lands/facilities. Proof of the project(s) and hours completed must be verified by the following documents: Certification of Non-competitive Hiring Status Based on Public Lands Corps Service (Appendix A), PLC Participant Work Hours Verification (Appendix B), and a Certificate of Eligibility for Non-competitive Hiring; and

3. Selected from a non-competitive selection certificate and appointed within 120 days of the candidate’s completion of PLC service qualifying him/her for the non-competitive hiring authority.

Appointments under this authority must be effective within 2 years of the candidate’s completion of PLC service or his/her release from the PLC project. Under no circumstances shall an appointment eligibility period under this authority exceed 2 years, nor can the 2 year time frame be extended.

A former PLC Participant may be appointed to permanent General Schedule or Federal Wage Schedule competitive positions for which he/she qualifies. The former PLC Participant must meet the U.S. Office of Personnel Management’s Qualification Standards and any other qualification and eligibility requirements identified for the Service position vacancy. The selectee is subject to a probationary period consistent with other competitive service positions. In addition to the PLC non-competitive hiring status authorized under PB 17-03, the Service operates the Directorate Resource Assistant Fellows Program (DFP). The DFP is a fellowship program authorized under 16 U.S.C. 1725(a) and the Department of the Interior's (DOI) Personnel Bulletin No. 12-15, Direct Hire Authority for Resource Assistant Internship Programs.

Both the statute and the DOI's policy make it clear that recruitment of minorities and women is a requirement to ensure full participation of these targeted groups in the DFP and their eligibility for the direct hire authority. A pilot version of this 12-week high level internship was started in 2014.

The Service's primary focus will be in the field of biological sciences and natural resources management; and projects that support the Service in accomplishing its mission and offering students an introduction to what the Service does as the premier conservation agency.

This special hiring authority provides the Service with an opportunity to help meet the Service's goal of diversifying our workforce.

ADDITIONAL INFORMATION REQUIREMENTS

At the end of each Fiscal Year (ending September 30), recipients must submit the following information by December 31st of each year:

1) A Program Narrative that provides a description of each of your programs, including any new programs. Please include biographical and contact information for key personnel.

2) A copy of your current Negotiated Indirect Cost Rate Agreement (NICRA).

3) Proof of Insurance

4) A year end PLC Participant Report.

The report shall include the total number of project sites, hours, weeks, and number of interns and other participants.

Diversity of students placed, including demographics and age, to the extent that such information has been voluntarily provided by participants to the recipient.

Demographics will be reported as an aggregate to ensure that recipient complies with confidentiality requirements regarding individual participant’s demographic data.

Summary of USFWS participation.

Information should be submitted to Patrick_schulze@fws.gov