02/21/2018 Agreement No. 16059w ° ° ° Kevin Madok, cPA
.�;,.... Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: March 12, 2018
TO: Tammy Sweeting
Executive Assistant
FROM: Pamela G. HancoC.
SUBJECT: February 21 Sc BOCC Meeting
Enclosed are two duplicate originals of each of the following items, executed on behalf of
Monroe County, for your follow through with the state.
VC20 (Steven Sanders) Grant Agreement with Florida Boating n rovement Pro am in
g p a'
the amount of $50,000.00 for the Harry Harris Boat Ramp Refurbish Project.
C25 (Ray Sanders) Grant Agreement with Florida Boating Improvement Program in the
amount of $100,000.00 for the Gulf View Boat Ramp Repair and Dock Restoration Project.
Please be sure to forward me fully executed originals once signed and returned by the
state. Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 -852 -7145
_. -F�sH AN
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Florida Fish
and Wildlife
Conservation
Commission
Commissioners
Bo Rivard
Chairman
Panama City
Robert A. Spottswood
Vice Chairman
Key West
Joshua Kellam
Palm Beach Gardens
Gary Lester
Oxford
Gary Nicklaus
Jupiter
Sonya Rood
St. Augustine
Michael W. Sole
Tequesta
Executive Staff
Eric Sutton
Executive Director
Thomas H. Eason, Ph.D.
Assistant Executive Director
March 21, 2018
Cary Knight, Project Manager
Monroe County
1100 Simonton Street
Key West, Florida 33040
RE: Contract No. 16059
Florida Boating Improvement Program (FBIP) Grant Agreement
Monroe County: Harry Harris Boat Ramp
Dear Mr. Crosby:
Enclosed is an original of the fully- executed Agreement for the FBIP project
referenced above. Please note that work on the project must begin within 90 days
of the execution date, March 20, 2018.
Also, Project Progress Reports are due quarterly. These reports must be
submitted on the form enclosed as Attachment H to the Grant Agreement.
If you have any questions or need further information, please call me at (850) 717-
2108, or e -mail andrea.nelton @MyFWC.com You may also call (850) 488 -5600.
Sincerely,
Jennifer Fitzwater Andrea Pelton, Grant Specialist
Chief of Staff Florida Boating Improvement Program
Boating and Waterways Section
Division of Law
Enforcement d
Colonel Curtis Brown
Director Enclosures
(850) 488 -6251
(850) 487 -0463 FAX
Managing fish and wildlife
resources for their long -term
well -being and the benefit
of people.
620 South Meridian Street
Tallahassee, Florida
32399 -1600
Voice: (850) 488 -4676
H earing/speech -im pal red:
(800) 955- 8771(T)
(800) 955 -8770 (V)
MyFWC.com
FWC Agreement No. 16059
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AGREEMENT NO. 16059
CFDA Title(s): Sport Fish Restoration - Boat Access
CFDA No(s).: 15.605
Name of Federal Agency(s): U.S. Fish and Wildlife Service
Federal Award No(s): FL F- F17AF00931
Federal Award Year(s): 2017 -2018
Federal Award Name(s): Monroe County: Harry Harris Boat Ramp Refurbish
CSFA Title(s).: N/A
CSFA No(s).: N/A
State Award No(s).: N/A
State Award Year(s): N/A
State Award Name(s): N/A
This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission,
whose address is 620 South Meridian Street, Tallahassee, Florida 32399 -1600, hereafter "Commission," and
Monroe County Board of County Commissioners, FEID # 59- 6000749, whose address is 1100 Simonton Street,
Key West, FL 33040, hereinafter "Grantee."
WHEREAS, the Commission and Grantee have partnered together to replace the concrete Harry Harris boat
ramp; and,
WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant 16059 as referenced in
FBIP application number 16 -026 as a subrecipient of Sport Fish Restoration Grant FL F- F17AF00931; and,
welfare.
follows:
WHEREAS, such benefits are for the ultimate good of, the State of Florida, its resources, wildlife, and public
Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as
1. PROJECT DESCRIPTION.
The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth
in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work).
The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables
must be submitted and approved by the Commission prior to any payment. The Commission will not accept
any deliverable that does not comply with the specified required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result
of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's
response is hereby incorporated by reference.
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 1 of 20
FWC Agreement No. ,16059
2. PERFORMANCE.
The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner.
Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary
or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all
necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall
be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation;
the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall
procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion
of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all
respects to fully perform the requirements and the integrity and reliability that will assure good -faith
performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager
in writing if its ability to perform under the Agreement is compromised in any manner during the term of
the Agreement. The Commission shall take appropriate action, including potential termination of this
Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this
Agreement becomes compromised.
3. AGREEMENT PERIOD.
A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made
pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall
remain in effect through 03/3 `1/2 03 9. However, as authorized by Rule 68- 1.003, F.A.C., referenced
grant programs may execute Agreements with a retroactive start date of no more than sixty (60)
days, provided that approval is granted from the Executive Director or his/her designee and that it
is in the best interest of the Commission and St t d so. Agreements executed under this grant
award shall not precede a start date of t d_a_te o f e For this agreement, the retroactive
start date was not approved. The Commission's Grant Manager shall confirm the specific start date
of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for
reimbursement or compensation for grant activities performed prior to the start date of this
Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not
eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully
executed by the Parties, an Amendment to this Agreement may be executed to lengthen the
Agreement period.
4. COMPENSATION AND PAYMENTS.
A. Compensation. As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not
to exceed $37,500.
B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks
identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon
submission of invoices, accompanied by supporting documentation sufficient to justify invoiced
expenses or fees, and after acceptance of services and deliverables in writing by the Commission's
Grant Manager identified in Paragraph ten (10), below. Unless otherwise specified in the Scope of
Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices
must be legible and must clearly reflect the Deliverables that were provided in accordance with the
terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work,
a final invoice shall be submitted to the Commission no later than forty -five (45) days following
the expiration date of this Agreement to assure the availability of funds for payment. Further,
pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 2 of 20
FWC Agreement No. 16059,
allowable costs resulting from obligations incurred during the agreement period specified in
Paragraph three (3).
C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's
Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may
be submitted electronically to the attention of the Commission's Grant Manager identified in
Paragraph ten (10), below. If submitting hard copies, an original and two (2) copies of the invoice,
plus all supporting documentation, shall be submitted. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof.
Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking
documentation necessary to justify invoiced expenses.
D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non - federal
match towards this Agreement. If applicable, details regarding specific match requirements are
included in Attachment A, Scope of Work.
E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be
reimbursed in accordance with Section 112.061, F.S.
F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation and authorization to spend by the
Legislature. The Parties hereto understand that this Agreement is not a commitment to future
appropriations, but is subject to appropriation and authority to spend provided by the Legislature.
The Commission shall be the final authority as to the availability of funds for this Agreement, and
as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds
are not appropriated or available for the Agreement purpose, such event will not constitute a default
on behalf of the Commission or the State. The Commission's Grant Manager shall notify the
Grantee in writing at the earliest possible time if funds are not appropriated or available.
G. Non - Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that
under non - competitive procurements, a Grantee may not receive a rate of payment in excess of the
competitive prevailing rate for those services unless expressly authorized in the General
Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the
amount of non - competitive compensation provided in this Agreement is in compliance with Section
216.3475, F.S.
H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections
215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless
the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured
from the latter of the date the invoice is received or the Deliverables are received, inspected and
approved, a separate interest penalty set by the Department of Financial Services pursuant to
Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned
to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the agency.
I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered .
by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed
this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be
found on the vendor instruction page at:
http: / /www.fldfs.com/aadir /direct deposit web/Vendors.htm
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 3 of 20
FWC Agreement No. 16059,
Questions should be directed to the State of Florida's EFT Section at (850) 413 -5517. Once
enrolled, invoice payments will be made by EFT.
J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for
vendors who may be experiencing problems in obtaining timely payment(s) from a State agency,
may be contacted at (850) 413 -5516 or by calling the Chief Financial Officer's Hotline, (800) 342-
2762.
5. RETURN OR RECOUPMENT OF FUNDS.
A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e) &(f), F.S., the Grantee shall return
to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the
terms of this Agreement that were disbursed to Grantee by the Commission. In the event the
Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall
repay said overpayment within forty (40) calendar days without prior notification from the
Commission. In the event the Commission first discovers an overpayment has been made, the
Commission will notify the Grantee in writing. Should repayment not be made in a timely manner,
the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant
to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the
date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and
made payable to the "The Florida Fish and Wildlife Conservation Commission."
B. Additional Costs or Monetary Loss Resulting from Grantee Non - Compliance. If the Grantee's
non - compliance with any provision of the Agreement results in additional cost or monetary loss to
the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can
recoup that cost or loss from monies owed to the Grantee under this Agreement or any other
agreement between Grantee and the Commission. In the event the discovery of this cost or loss
arises when no monies are available under this Agreement or any other agreement between the
Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission
within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in
writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the
Commission, the Commission shall notify the State of Florida, Department of Financial Services,
for resolution pursuant to Section 17.0415, F.S.
6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN.
A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of
its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms
of this Agreement. Grantee is placed on notice that this exemption generally does not apply to
nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions
regarding this tax exemption should be addressed to the Commission Grant Manager.
B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the
State of Florida, then the following paragraph applies:
The Grantee acknowledges that Property being improved is titled to the State of Florida,
and is not subject to lien of any kind for any reason. The Grantee shall include notice of
such exemptions in any subcontracts and purchase orders issued hereunder.
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 4 of 20
FWC Agreement No. 1
7. MONITORING.
The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with
the terms of this Agreement. The Commission reserves the right for any Commission staff to make
scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal
monitoring terms and conditions are found in Attachment B, Audit Requirements. Additionally, monitoring
terms, conditions, and schedules may be included in Attachment A, Scope of Work.
8. TERMINATION.
A. Commission Termination. The Commission may unilaterally terminate this Agreement for
convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent
to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits.
The Grantee may request termination of the Agreement for convenience.
B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in
the event of fraud or willful misconduct. In the event of such termination, the Commission shall
provide the Grantee with written notice of termination.
C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.)
comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the
time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering
the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing
requirement. Rule 60A- 1.006(3), F.A.C., governs the procedure and consequences for default. The
rights and remedies of the Commission in this clause are in addition to any other rights and remedies
provided by law or under the Agreement. The Grantee shall not be entitled to recover any
cancellation charges or lost profits.
D. Termination - Funds Unavailability. In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or
redirected, the Commission may terminate this Agreement upon no less than twenty -four (24)
hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return
receipt requested or in person with proof of delivery. The Commission shall be the final authority
as to the availability of funds and will not reallocate funds appropriated for this Agreement to
another program thus causing "lack of funds." In the event of termination of this Agreement under
this provision, the Grantee will be compensated for any work satisfactorily completed and any non -
cancellable obligations properly incurred prior to notification of termination.
E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of
termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all
activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly
render to the Commission all property belonging to the Commission. For the purposes of this
section, property belonging to the Commission shall include, but shall not be limited to, all books
and records kept on behalf of the Commission.
9. REMEDIES.
A. Financial Consequences. In accordance with Sections 215.971(1)(a) &(b), F.S., Attachment A,
Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be
received and accepted in writing by the agency before payment. Each deliverable specifies the
required minimum level of service to be performed and the criteria for evaluating the successful
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 5 of 20
FWC Agreement No. 16059
frame specified by the Scope of Work, the budget amount allocated for that deliverable will be
deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the
Commission shall apply any additional financial consequences, identified in the Scope of Work.
I
B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in
addition to any other rights and remedies provided by law or under the Agreement.
NOTICES AND CORRESPONDENCE.
10.
Any and all notices shall be delivered to the individuals identified below. In the event that either Party
designates a different Grant Manager after the execution of this Agreement, the Party will provide written
notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant
Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon
as possible, but not later than five (5) business days after the new Grant Manager has been named. A
designation of a new Grant Manager shall not require a formal amendment to the Agreement.
FOR THE COMMISSION:
FOR THE GRANTEE:
Grant Manager
Grant Manager
Andrea Pelton
Carey Knight
Grant Specialist
Project Manager
FL Fish and Wildlife Conservation Commission Monroe County BOCC
620 S. Meridian St.
1100 Simonton Street
Tallahassee, FL 32399
Key West, FL 33040
(850) 717 -2108
(305) 292 -4527
(850) 488 -9284
(305)2954321
Andrea.pelton@myfwc.com
Knight-Cary@MonroeCounty-fl.gov
11.
AMENDMENT.
A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and lawfully executed by
the Parties.
B. Change Orders. The Commission may, at any time, by written order, make a change to this
Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in
writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require
an Amendment. Minor changes, such as those updating a Party's contact information, may be
accomplished by a Modification.
C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this
Agreement if federal and/or state revisions of any applicable laws or regulations make changes in
the Agreement necessary.
12. PROPERTY RIGHTS.
If this Agreement includes Federal funds, the provisions of Sections 200.310- 200.316, OMB Uniform
Guidance (2 CFR 200), and any language addressing Federal rights, apply.
GRANT - GOVERNMENTAL ENTITY
Ver. May, 2017 Page 6 of 20
FWC Agreement No. - 16059
A. Intellectual and Other Intangible Property.
i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically
addressed in the Attachment A, Scope of Work, intellectual and other intangible property
rights to the Grantee's preexisting property will remain with the Grantee.
ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale,
licensing, marketing or other authorization related to any intellectual and other intangible
property right created or otherwise developed by the Grantee under this Agreement for the
Commission shall be handled in the manner specified by the applicable Florida State
Statute and/or Federal program requirements.
iii. Commission Intellectual Property Rights. Where activities supported by this Agreement
produce original writing, sound recordings, pictorial reproductions, drawings or other
graphic representations and works of any similar nature, the Commission and the State of
Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate
and disclose such materials in whole or in part, in any manner, for any purpose whatsoever
and to have others acting on behalf of the Commission to do so. If this Agreement is
supported by federal funds, the federal awarding agency reserves a royalty -free,
nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
federal purposes, and to authorize others to do so.
B. Purchase or Improvement of Real Property
This agreement is for the purchase or improvement of real property, therefore the following terms
and co nditio ns apply_
i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real
property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329,
OMB Uniform Guidance (2 CFR 200), as amended.
ii. Title. If this agreement is supported by state funds, the Grantee shall comply with Section
287.05805, F.S. This section requires the Grantee to grant a security interest in the property
to the State of Florida, the type and details of which are provided for in Attachment A,
Scope of Work. Title to state -owned real property remains vested in the state. Title to
federally -owned real property remains vested in the Federal government in accordance
with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended.
iii. Use. Federally -owned real property will be used for the originally authorized purpose as
long as needed for that purpose in accordance with Section 200.311, OMB Uniform
Guidance (2 CFR 200). State -owned real property will be used as provided in Attachment
A, Scope of Work.
C. Non - Expendable Property. The following provisions apply to the extent that the grant allows the
acquisition of non - expendable property.
Non - Expendable Property Defined. For the requirements of this section of the
Agreement, "non- expendable property" is the same as "property" as defined in Section
273.02, F.S. (equipment, fixtures, and other tangible personal property of a non-
consumable and non - expendable nature, with a value or cost of $1,000.00 or more, and a
normal expected life of one (1) year or more; hardback - covered bound books that are
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 7 of 20
FWC Agreement No. 16059,
circulated to students or the general public, with a value or cost of $25.00 or more; and
uncirculated hardback - covered bound books, with'a value or cost of $250.00 or more).
ii. Title to Non - Expendable Property. Title (ownership) to all non - expendable property
acquired with funds from this Agreement shall be vested in the Commission and said
property shall be transferred to the Commission upon completion or termination of the
Agreement unless otherwise authorized in writing by the Commission or unless otherwise
specifically provided for in Attachment A, Scope of Work.
D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the
acquisition of equipment and supplies.
Title - Equipment. Title to equipment acquired under a Federal award will vest upon
acquisition in the non - Federal entity in accordance with Sections 200.313 and 200.314,
OMB Uniform Guidance (2 CFR 200).
ii. Title — Supplies. Title to supplies will vest in the non - Federal entity upon acquisition.
Unused supplies exceeding $5,000.00 in total aggregate value upon termination or
completion of the project or program are subject to Section 200.314, OMB Uniform
Guidance.
iii. Use — Equipment. Equipment must be used by the non - Federal entity in the program or
project for which it was acquired as long as needed
13. RELATIONSHIP OF THE PARTIES.
A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent,
representative, or employee of the Commission. The Grantee covenants that it presently has no
interest and shall not acquire any interest that would conflict in any manner or degree with the
performance of services required. Each Party hereto covenants that there is no conflict of interest
or any other prohibited relationship between the Grantee and the Commission.
B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors,
or agents performing work under the Agreement shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification.
C. Commission Security. All employees, subcontractors, or agents performing work under the
Agreement must comply with all security and administrative requirements of the Commission. The
Commission may conduct, and the Grantee shall cooperate in, a security background check or
otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission
may refuse access to, or require replacement of, any personnel for cause, including, but not limited
to, technical or training qualifications, quality of work, change in security status, or non - compliance
with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation
to perform all work in compliance with the Agreement. The Commission, in coordination with the
Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors,
or agents.
D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at
all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 8 of 20
FWC Agreement No.166§1
another governmental agency in the State of Florida, upon giving prior written notice to the
Grantee.
E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that
the Commission may undertake or award supplemental agreements for work related to the
Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the
Commission in all such cases.
14.
SUBCONTRACTS.
A. Au Grantee is permitted to subcontract work under this Agreement, therefore, the following'
terms and conditions _apply. The Grantee shall ensure, and provide assurances to the Commission
upon request, that any subcontractor selected for work under this Agreement has the necessary
qualifications and abilities to perform in accordance with the terms and conditions of this Agreement.
The Grantee must provide the Commission with the names of any subcontractor considered for work
under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any
subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred
with the project. Any subcontract arrangements must be evidenced by a written document available to
the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the
extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract
and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above,
Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice
in accordance with the contract between the Grantee and subcontractor. Failure to make payment
pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor
in the amount of one -half of one percent (0.50 %) of the amount due per day from the expiration of the
period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall
not exceed fifteen percent (15 %) of the outstanding balance due."
C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with
Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose
qualifications or performance, in the Commission's judgment, are insufficient.
D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A
above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant, joint venturer, or partner of the State of Florida.
15.
MANDATORY DISCLOSURE.
These disclosures are required by State law, as indicated, and apply when this Agreement includes State
funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award.
A. Disclosure of Interested State Employees and Conflict of Interest. This Agreement is subject
to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other
agent who is affiliated with this project and an employee of the State of Florida. If the Agreement
includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform
Guidance (2 CFR 200). Grantee must disclose, in writing, any potential conflict of interest to the
Commission in accordance with applicable Federal awarding agency policy.
GRANT - GOVERNMENTAL ENTITY
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FWC Agreement No. 1605
B. Convicted Vendors. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee,
has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the
convicted vendor list. Grantee shall have a continuing obligation to disclose, to the Commission,
in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the
convicted vendors list maintained by the Florida Department of Management Services pursuant to
Section 287.133(3)(d), F.S.
Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity
crime may not be awarded or perform work as a Grantee, supplier, subcontractor or
consultant under a contract with any public entity and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, F.S., for
Category Two for a period of thirty -six (36) months from the date of being placed on the
convicted vendor list. The State of Florida, Department of Management Services, Division
of State Purchasing provides listings for convicted, suspended, discriminatory and federal
excluded parties, as well as the vendor complaint list at:
http://www.dms.Myflorida.com/business-operations/state purchasing /vendor _ information /co
nvicted_ suspended discriminatory complaints vendor lists
ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department
of Management Services and the Commission, in writing, within thirty (30) days after
conviction of a public entity crime applicable to that person or an affiliate of that person as
defined in Section 287.133, F.S.
C. Vendors on Scrutinized Companies List.
Scrutinized Companies. Grantee certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees
to observe the requirements of Section 287.135, F.S., for applicable sub - agreements
entered into for the performance of work under this Agreement. Pursuant to Section
287.135, F.S., the Commission may immediately terminate this Agreement for cause if
the Grantee, its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Grantee, its affiliates, or its subcontractors are placed on any
applicable scrutinized companies list or engaged in prohibited contracting activity during
the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law
ceases to authorize these contracting prohibitions then they shall become inoperative.
D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, their
subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the
Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or
affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity; and may not transact business with any public entity."
Section 287.134(2)(a), F.S.. Grantee has a continuing duty to disclose to the Commission whether
they appear on the discriminatory vendor list.
E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings.
Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to
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FWC Agreement No. 16059,
the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation,
investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the
Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the
Commission concern that the Grantee's ability or willingness to perform the Agreement is
jeopardized, the Grantee may be required to provide the Commission with reasonable assurances
to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its
terms and conditions; and, b.) Grantee and /or its employees or agents have not and will not engage
in conduct in performing services for the Commission which is similar in nature to the conduct
alleged in such Proceeding.
F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in
accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose,
in a timely manner, in writing to the Commission all violations of Federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the Federal award.
16. INSURANCE.
The Grantee warrants and represents that it is insured, or self - insured for liability insurance, in accordance
with applicable state law and that such insurance or self- insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their employment with
the Grantee.
17. SPONSORSHIP.
As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this
grant is a nongovernmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or
describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida,
Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words
"State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type
as the name of the Grantee's organization. Additional sponsorship requirements may be specified in
Attachment A, Scope of Work.
18. PUBLIC RECORDS.
A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to
allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless
exemption for such records is allowable under Florida law.
B. If the Contractor meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Contractor
shall comply with the following:
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF THE CHAPTER 119, FLORIDA
STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
850 - 488 -6553, RecordsCustodian @myfwc.com and 620 South
Meridian Street, Tallahassee FL 32399
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FWC Agreement No. '16059,
ii. Keep and maintain public records required by the Commission to perform the service.
iii. Upon request from the Commission's custodian of public records, provide the
Commission with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S. or as otherwise provided by law.
iv. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the Commission.
V. Upon completion of the contract transfer, at no cost, to the Commission all public
records in possession of the Contractor or keep and maintain public records required
by the Commission to perform the service. If the Contractor transfers all public records
to the Commission upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a
format that is compatible with the information technology systems of the Commission.
19. COOPERATION WITH INSPECTOR GENERAL.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand
and will comply with their duty to cooperate with the Inspector General in any investigation, audit,
inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official,
the Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the
Contractor's business or financial records, documents, or files of any type or form that refer to or relate to
the Agreement. The Contractor agrees to reimburse the State for the reasonable costs of investigation
incurred by the Inspector General or other authorized State official for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and the State which
results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited
to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and
documentary fees.
20. SECURITY AND CONFIDENTIALITY.
The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the
Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of
performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant.
21. RECORD KEEPING REQUIREMENTS.
A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement, in accordance with generally accepted accounting principles.
B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the
Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of
Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized
representatives of the state or federal government to have access to any of the Grantee's books,
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FWC Agreement No. 16059
documents, papers, and records, including electronic storage media, as they may relate to this
Agreement, for the purposes of conducting audits or examinations or making excerpts or
transcriptions.
C. Grantee Records Retention. Unless otherwise specified in the Scope of Work, these records shall
be maintained for five (5) fiscal years following the close of this Agreement, or the period required
for this particular type of project by the General Records Schedules maintained by the Florida
Department of State (available at: http:/ /dos.myflorida.com /library- archives /records-
management/general - records - schedules /), whichever is longer. Grantee shall cooperate with the
Commission to facilitate the duplication and transfer of such records upon the Commission's request.
D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work
is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record
keeping requirements in all subsequent contracts.
E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded
under this Agreement must comply with the Federal Funding Accountability and Transparency Act
( FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the
government accountable for each spending decision. The result is to reduce wasteful spending in the
government. The FFATA legislation requires that information on federal awards (federal financial
assistance and expenditures) be made available to. the public via a single, searchable website:
http: / /www.USASpendin�ov Grant recipients awarded a new Federal grant greater than or equal
to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary, over the life of this Agreement, for the Commission to comply with
this requirement.
22. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS.
Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been
determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore,
pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject
to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall
comply with the audit requirements outlined in Attachment B, "Requirements of the Federal and Florida
Single Audit Acts," attached hereto and made a part of the Agreement, as applicable.
23. FEDERAL COMPLIANCE.
As applicable, Grantee shall comply with all federal laws, rules, and regulations, including but not limited
to:
i. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. 7401- 7671q), and the Water
Pollution Control Act (33 U.S.C. 1251 -1387, as amended).
ii. Lacey Act, 16 U.S.0 3371 -3378. This Act prohibits trade in wildlife, fish and plants have
been illegally taken, possessed, transported or sold.
iii, Magnuson- Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 -1884.
This Act governs marine fisheries in Federal waters.
iv. Migratory Bird Treaty Act, 16 U.S.C. 703 -712. The Act prohibits anyone, unless
permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer
for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for
transportation, transport, cause to be transported, carry or cause to be carried by any means
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FWC Agreement No. 160,
whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any
manner, any migratory bird, or any part, nest, or egg of such bird.
Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the
conservation of threatened and endangered plants and animals and the habitat in which they
are found. The Act also prohibits any action that cause a "taking" of any listed species of
endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and
foreign commerce of listed species.
24. FEDERAL FUNDS. This Agreement relies_ on federal funds, therefore, the following terms and
conditions apply
A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and
agreed that the Contractor is not authorized to expend any federal funds under this Contract to a federal
agency or employee without the prior written approval of the awarding federal agency.
B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). Applicable, except as
otherwise provide under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving
Federal assisted construction.
C. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141 -3148, as supplemented by Department of
Labor regulations at 29 CFR Part 5. Applicable to contractors and subcontractors performing on
federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair
(including painting and decorating) of public buildings or public works. Under this Act, contractors
and subcontractors must pay, their laborers and mechanics employed under the contract no less than
the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
D. Copeland "Anti- Kickback Act. The Copeland "Anti- Kickback" Act, 40 U.S.C. 3141 -3148, and
3146 -3148, as supplemented by Department of Labor regulations (29 CFR Part 5). Applicable to
contracts awarded by a non - Federal entity in excess of $100,000.00 that involve employment of
mechanics or labors. Under this Act, contractors and subrecipients are prohibited from inducing, by
any mean, any person employed in the construction, completion, or repair of public work, to give up
any part of the compensation to which he or she is otherwise entitled.
E. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work
Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR part 5). Applicable to construction contracts awarded by Contractors and
subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve
the employment of mechanics or laborers. Under this Act, contractors and subcontractors must
compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work
week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour
work week; and not require workers to work in surroundings or work conditions that are unsanitary,
hazardous, or dangerous.
F. Rights to Inventions Made Under a Contract or Agreement. 37 CFR Part 401. If the Federal award
meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37
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FWC Agreement No. ,16059,
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
H. Debarment and Suspension Contractor Federal Certification. In accordance with Federal
Executive Order 12549 and 2 CFR Part 1400 regarding Debarment and Suspension, the Contractor
certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency; and, that the Contractor shall not knowingly enter into any lower tier contract,
or other covered transaction, with a person who is similarly debarred or suspended from participating
in this covered transaction.
I. Prohibition against Lobbying.
Contractor Certification — Payments to Influence. The Contractor certifies that no
Federal appropriated funds have been paid or will be paid, on or after December 22, 1989,
by or on behalf of the Contractor, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding,
renewal, amending or modifying of any Federal contract, grant, or cooperative agreement.
The Contractor also certifies that they have not engaged any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on behalf of the Contractor with
respect to this Contract and its related federal contract, grant, loan, or cooperative
agreement; or, if the Contractor has engaged any registrant with respect to this Contract
and its related Federal contract, grant, loan, or cooperative agreement, the Contractor shall,
prior to or upon execution of this Contract, provide the Commission Contract Manager a
signed declaration listing the name of any said registrant. During the term of this Contract,
and at the end of each Calendar quarter in which any event occurs that materially affects
the 'accuracy of this certification or declaration, the Contractor shall file an updated
declaration with the Commission's Contract Manager. If any non - federal funds are used
for lobbying activities as described above in connection with this Contract, the Contractor
shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", and shall file
quarterly updates of any material changes. The Contractor shall require the language of
this certification to be included in all subcontracts, and all subcontractors shall certify and
disclose accordingly.
ii. Contractor — Refrain from Subcontracting with Certain Organizations. Pursuant to
the Lobbying Disclosure Act of 1995, the Contractor agrees to refrain from entering into
any subcontracts under this Contract with any organization described in Section 501(c)(4)
of the Internal Revenue Code of 1986, unless such organization warrants that it does not,
and will not, engage in lobbying activities prohibited by the Act as a special condition of
the subcontract.
J. Compliance with Office of Management and Budget Circulars. As applicable, Contractor shall
comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR
200).
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FWC Agreement No. 16059
K. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Contractor attests and
certifies that the contractor will provide a drug -free workplace compliant with 41 U.S.C. 81.
25. CONTRACT- RELATED PROCUREMENT.
A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the
performance of this Contract is certified by or is available from Prison Rehabilitative Industries
and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection
946.515(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles which are the subject
of, or required to carry out, this contract shall be purchased from [PRIDE]
in the same manner and under the same procedures set forth in Subsections
946.515(2) and (4), F.S.; and for purposes of this contract the person, firm
or other business entity carrying out the provisions of this contract shall
be deemed to be substituted for this agency insofar as dealings with such
corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at http : / /www.pride- enterprises.oriz
B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service
required for the performance of this Contract is on the procurement list established pursuant to
Subsection 413.035(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles that are the subject
of, or required to carry out, this contract shall be purchased from a
nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, F.S., in the same manner and under the
same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for
purposes of this contract, the person, firm or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for the
state agency insofar as dealings with such qualified nonprofit agency are
concerned.
Additional information about the designated nonprofit agency and the products it offers is available
at http: / /www.respectofflorida.org
C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled
products or materials which are the subject of or are required to carry out this Contract in
accordance with Section 403.7065, F.S.
26. PROFESSIONAL SERVICES.
A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this
Agreement is for the acquisition of professional architectural, engineering, landscape architectural,
or registered surveying and mapping services, and is therefore subject to Section 287.055, F.S., the
following provision applies:
The architect (or registered surveyor and mapper or professional engineer, as
applicable) warrants that he or she has not employed or retained any company or
person, other than a bona fide employee working solely for the architect (or
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FWC Agreement No. 16059,
registered surveyor and mapper, or professional engineer, as applicable) to solicit
or secure this Agreement and that he or she has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the architect (or registered surveyor and mapper or professional
engineer, as applicable) any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
contract.
B. Termination for Breach. For the breach or violation of this provision, the Commission shall have
the right to terminate the Agreement without liability and, at its discretion, to deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift,
or consideration.
27. INDEMNIFICATION.
If Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection
768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If
Grantee is not a state agency or subdivision as defined above, Grantee shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and
costs of every name and description, including attorneys' fees, arising from or relating to personal injury
and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its
agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the State or the
Commission. If this is a Professional Services Agreement as defined in Subsection 725.08 F.S., then
notwithstanding the provisions of Subsection 725.06 F.S., the design professional shall only be liable for,
and fully indemnify, defend, and hold harmless the State, the Commission, and their officers, agents, and
employees, for actions caused in whole or in part, by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the Agreement.
28. NON - DISCRIMINATION.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in
performance of this Agreement.
29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE.
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida,
to the exclusion of all other lawful venues.
30. NO THIRD PARTY RIGHTS.
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FWC Agreement No. 16059;
31.
32.
33.
The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or
interest to any person not a party to this Agreement.
JURY TRIAL WAIVER.
As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or
proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of
or in any way connected with this Agreement, or with the products or services provided under this
Agreement, including but not limited to any claim by the Grantee of quantum meruit.
PROHIBITION OF UNAUTHORIZED ALIENS.
In accordance with Federal Executive Order 96 -236, the Commission shall consider the employment by the
Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization
Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly
employs unauthorized aliens.
EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY).
A. Requirement to Use E- Verify. Executive Order 11 -116, signed May 27, 2011, by the Governor
of Florida, requires Commission contracts in excess of nominal value to expressly require the
Contractor to: 1.) utilize the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees hired by Grantee during the Agreement term; and,
2.) include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E- Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the term
of the subcontract.
B. E- Verify Online. E- Verify is an Internet -based system that allows an employer, using information
reported on an employee's Form I -9, Employment Eligibility Verification, to determine the
eligibility of all new employees hired to work in the United States after the effective date of the
required Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article II.D.I.c. of the MOU. There is no charge to
employers to use E- Verify. The Department of Homeland Security's E- Verify system can be found
online at http: / /www.dhs ov /files /pro rg ams/gc_l185221678150.shtm
C. Enrollment in E- Verify. If Grantee does not have an E- Verify MOU in effect, the Grantee must
enroll in the E- Verify system prior to hiring any new employee after the effective date of this
Agreement.
D. E- Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and
compliance with the provisions of the E- Verify program, including participation by its
subcontractors as provided above, and to make such records available to the Commission or other
authorized state entity consistent with the terms of the Grantee's enrollment in the program. This
includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E-
Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation
menu of the E- Verify employer's homepage).
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FWC Agreement No. 16059
E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility
Verification provision is made an express condition of this Agreement and the Commission may
treat a failure to comply as a material breach of the Agreement.
34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE.
Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such
delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay
is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause
wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no
alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party
shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's
performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of any delay
Agreement believes is excusable under this paragraph, Grantee shall notify the Commission's Grant
Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten
(10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably
foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first
had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE
FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH
RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent
to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this
paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in
the Agreement price or payment of any kind from the Commission for direct, indirect, consequential,
impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance
is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist, Grantee shall perform at no increased cost, unless the Commission determines,
in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission
or the State, in which case, the Commission may do any or all of the following: (1) accept allocated
performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the
Commission with respect to products or services subjected to allocation; (2) purchase from other sources
(without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products
or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity;
or (3) terminate the Agreement in whole or in part.
35. TIME IS OF THE ESSENCE.
Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional
deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement
including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A.
36. ENTIRE AGREEMENT.
This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the
Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto,
unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail;
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 19 of 20
FWC Agreement No. 16059,
this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the
solicitation.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their
duly authorized signatories on the day and year last written below.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
SIGNATURE
Name: David Rice
Title: Mayor
Date: �f, a •
MONROE COUNTY ATTORNEY'S OFFICE
P MOVED AS T� � RM, i
PATRICIA EABLES
ASSISTANT COUNTY A�qORNEY
DATE:
Attachments in this Agreement include the following:
J4,.j b�
SIGNATURE
Name:
Title: ASSISTANT EXECUTIVE DIRECTOR
Date: 3 / Za / I
Approved as to form and legality by FWC Attorney:
-AW4V7
SIGNATURE
Attachment A Scope of Work
Attachment B Requirements of the Federal and Florida Single Audit Act
Exhibit 1 Federal and State Funding Detail
Attachment C Copy of Federal Award FL F- 1717AF00931
Attachment D Sample Site Dedication Form
Attachment E Cost Reimbursement Contract Payment Requirements
Attachment - Title 50 CFR, Part SO
Attachment`: �` - G` ` , Sample Invoice Form
Attachment ;;H , , Vogress Report Form
Attachment, ' `: OGertification of Completion
C -12RK,
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 20 of 20
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Harry Harris Boat Ramp I FWC Contract No. 1 16059
1. INTRODUCTION
A. Background and Purpose: Improvements are needed to the Harry Harris boat ramp area to
increase the usefulness and safety of the ramp. Currently the ramp lanes are very slick due to
weathering and eroding overtime from usage on the upper portions of the ramp. This makes it
very difficult for boaters to use and can become hazardous when launching or retrieving a vessel.
B. Project Benefits: The improvements to the Harry Harris boat ramp will benefit the citizens of
Monroe county and surrounding areas by providing access to the Atlantic Ocean. The
improvements will allow the boaters to use both launch lanes without having to worry about
falling while launching or retrieving vessels, due to the heavy raking finish that is being proposed
for the upper portion of the ramp.
2. PROJECT DESCRIPTION
A. Term of Agreement: The term of the Agreement includes two phases: Phase I, Project
Construction, and Phase II, Project Site Management. During Phase I, Monroe County (Grantee)
shall complete the tasks and provide the deliverables described in this Scope of Work. All Phase
I activities must be completed by March 31, 2019. During Phase II, which includes the
remaining term of the Agreement, the Grantee shall maintain the project site as a recreational
boating access facility open to the public on a first -come, first - served basis.
B. Deliverable(s): Demolish and rebuild the two -lane concrete Harry Harris boat ramp.
C. Tasks: The Grantee shall provide all labor, equipment and materials to complete the following
tasks:
1. Monroe county will hire a contractor for demolition, removal, disposal and replacement of
the twenty (20) feet by thirty -seven (37) feet existing upper portion (above mean high
waterline) of both lanes of the boat ramp.
2. The contractor will replace the upper portion in the same footprint using 5000 psi concrete,
#5 rebar reinforcement and apply a heavy raked finish.
3. The contractor will complete one lane of the ramp at a time will post signs with times and
dates the ramp maybe impacted and alternate ramps in the area.
3. PERFORMANCE
A. Commencement of Work: The Grantee shall commence work on Phase I of the Project within
90 days of execution of the Agreement. Failure by the Grantee to begin work shall constitute a
breach of the Agreement and may result in termination of the Agreement by the Commission.
B. Criteria for Evaluating Successful Completion: The Grantee shall complete the project as
described in this Scope of Work and Florida Boating Improvement Program Application 16 -026,
incorporated herein by reference, according to the approved bid specifications. Failure to
complete the project in a satisfactory manner could result in financial consequences as specified
herein.
C. Procurement: The Grantee shall procure goods and services through a competitive solicitation
process in accordance with Chapter 287, Florida Statutes. The Grantee shall forward one copy of
Page 1 of 5
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Harry Harris Boat Ramp I FWC Contract No. 116059
any solicitation to the Commission's Grant Manager for review prior to soliciting for quotations
or commencing any work. The Commission's Grant Manager shall have 30 working days for
review. This review shall ensure that minimum guidelines for the Project's scope of work are
adhered to: The Grantee shall forward one copy of the bid tabulation, or similar list of responses
to the solicitation, along with the award recommendation to the Commission's Grant Manager
D. Acknowledgement: Upon completion of Phase I, the Grantee, at its expense, shall purchase,
erect and maintain a permanent sign, not less than three (3) feet by four (4) feet in size, displaying
the Commission's logo acknowledging the Commission and the Florida Boating Improvement
Program as a funding source for the Project. Any other form of acknowledgement must be
approved by the Commission's Grant Manager. Such acknowledgement shall be maintained for
the duration of the Agreement. Failure by the Grantee to maintain such acknowledgement shall
be considered a breach of the Agreement. The Grantee shall provide a draft copy of the
acknowledgement sign for approval by the Commission prior to displaying on site.
E. Directional Signs: The Grantee,'at its expense, shall purchase, erect and maintain directional
signs, approved by the Commission, on main public highways to direct public users to each
boating facility funded through the Program regardless of which phase(s) the Program funded.
The Grantee agrees to provide and maintain such signs at its expense for the duration of the
Agreement. Failure by the Grantee to erect and maintain such signs shall be considered a breach
of the Agreement. This requirement can be waived by the Commission's Grant Manager, in
writing, if the Grantee receives a written, denial from the Florida Department of Transportation
for the installation of the signs.
F. Engineering: If applicable, all engineering must be completed by a professional engineer or
architect registered in the State of Florida. All work must meet or exceed minimum design
standards and guidelines established by all applicable local, state and federal laws.
G. Site Dedication: The Grantee agrees to dedicate the Project site as a boat access facility for the
use and benefit of the public for the duration of the Agreement. Such dedication must occur before
any grant funds are reimbursed. A Site Dedication Form is included as Attachment D as an example
for form and content. Land under control other than by ownership by the Grantee (i.e. lease,
management agreement, cooperative agreement, inter -local agreement or other similar instrument)
shall be managed by the Grantee as a boat access facility for the duration of the Agreement. Title
to all improvements shall be retained by the Grantee upon final payment by the Commission.
Should the Grantee convert all or any part of the Project to other than Commission approved uses
within the term of the Agreement, the Grantee shall replace the area, facilities, resource or site at
its own expense with a project acceptable to the Commission of comparable scope and quality. In
the event the Project is converted to use for other purposes during this period and not replaced with
a like project acceptable to the Commission, the Grantee agrees to return to the Commission all
funds tendered for the original Project.
Site dedication survives any contract termination. If mutually agreed upon by both parties in
writing the site dedication may be rescinded. The Commission shall. waive the site dedication
requirement if no program funds were dispersed.
H. Phase II, Project Site Management: During Phase II, the Grantee shall provide and be
responsible for any and all costs associated with the ordinary and routine operations and
Page 2 of 5
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Harry Harris Boat Ramp I FWC Contract No. 1 16059
maintenance of the project site, including any and all personnel, equipment or service and
supplies costs beyond the costs approved for reimbursement in Phase I of this Agreement.
4. FINANCIAL CONSEQUENCES
Pursuant to 215.971(1)(c), Florida Statutes, the Commission will withhold payment of Program
funds for failure to complete the Project as described herein within the timeframe allowed for
Phase I, or for failure to correct any Project deficiencies, as noted in the final Project inspection.
During Phase II of the Project, the Grantee shall repay any Program funds received for Phase I for
failure to maintain the Project site as a public boating access facility according to the terms and
conditions herein for the duration of the Agreement.
5. COMPENSATION AND PAYMENT
A. Compensation: For satisfactory completion of the tasks described in this Scope of Work, by the
Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost
reimbursement basis in an amount not to exceed $37,500. The Grantee shall be reimbursed only
for budgeted expenses incurred during the term of Phase I of the Agreement that are directly
related to the project. There is no monetary compensation during Phase II.
B. Cost Share: The Grantee agrees to provide 25% of the total cost for Phase I of the project as
indicated in FBIP Grant Application No. 16 -026. The total compensation by the Commission
shall be $37,500 or 75% of the total cost for Phase I, whichever is less.
C. Travel Expenses: No travel expenses are authorized under the terms of this agreement.
D. Invoice Schedule: The Grantee will submit one request for reimbursement within 30 days after
completion of Phase I of the Project, as described herein, and acceptance of deliverables in
writing by the Commission's Grant Manager. The Commission shall have 45 working days to
inspect and approve goods and services.
E. Forms and Documentation: The Grantee shall be reimbursed on a cost reimbursement basis in
accordance with Comptroller Contract Payment Requirements as shown in the Department of
Financial Services, Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter
4., C., I., attached hereto and made a part hereof as Attachment E.
The request for reimbursement shall include an invoice in a format similar to Attachment G,
Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal
Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be
accompanied by a Certification of Completion, photographs to document project completion, an
itemized list of all project expenditures, and copies of invoices and cancelled checks or check
numbers to document payment for all project expenditures.
Page 3 of 5
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Harry Harris Boat Ramp I FWC Contract No. 1 16059
6. MONITORING
A. Compliance Monitoring and Corrective Actions: The Commission will monitor the Grantee's
service delivery to determine if the Grantee has achieved the required level of performance. If the
Commission at its sole discretion determines that the Grantee failed to meet any of the Terms and
Conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall
correct all identified deficiencies within forty -five (45) days of notice. Failure to meet 100%
compliance with all of the Terms and Conditions of this Agreement or failure to correct the
deficiencies identified in the notice within the time frame specified may result in delays in payment
or termination of this Agreement in accordance with the Termination section.
B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during
the construction of the Project. The Grantee shall notify the Commission's Grant Manager when
the Project has reached substantial completion so that inspection may occur in a timeframe allowing
for the timely submission and processing of the final invoice. The.Commission's Grant Manager,
or designee, shall inspect the work accomplished on the Project and, if deemed complete and in
compliance with the terms of the Agreement, approve the request for payment.
The Grantee shall allow unencumbered access to the Project site to the Commission, its employees
or agent for the duration of the Agreement for the purpose of site visit or inspection to verify the
facility is being maintained, in operation and is open and available to the public. As part of the
inspection, the Commission may request maintenance and use information from the Grantee to
validate the condition of the facility.
C. Project Progress Reports: The Grantee shall submit to the Commission, on a quarterly basis,
project progress reports outlining the progress of the Project, identifying any problems that may
have arisen, and actions taken to correct such problems. Such reports shall be submitted on the
Project Progress Report Form attached hereto and made a part hereof as Attachment H. Reports are
due to the Commission's Grant Manager by the 15 " of the month immediately following the
reporting period until the Certification of Completion is submitted.
7. INTELLECTUAL PROPERTY RIGHTS
No additional requirements. Refer to Section 12 of the Agreement.
8. SUBCONTRACTS
No additional requirements. Refer to Section 14 of the Agreement.
9. INSURANCE
No additional requirements. Refer to Section 16 of the Agreement.
10. SECURITY AND CONFIDENTIALITY
No additional requirements. Refer to Section 20 of the Agreement.
11. RECORD KEEPING REQUIREMENTS
Page 4 of 5
Attachment A — SCOPE OF WORK
Project Name: I Monroe County Harry Harris Boat Ramp I FWC Contract No. 1 16059
Records shall be maintained for ten (10) years following the completion of Phase I of the Project.
Completion of Phase I of the Project has occurred when all reporting requirements are satisfied and
final payment has been received by the Grantee. Refer to Section 21 of the Agreement.
12. NON - EXPENDABLE PROPERTY
The Grantee is not authorized to use funds provided herein for the purchase of any non - expendable
equipment or personal property valued at $1,000 or more for performance under this Agreement.
13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY
Refer to Section G, Site Dedication, above in Section 3, Performance.
14. SPECIAL PROVISIONS FOR CONSTRUCTION CONTRACTS
A. Certificate of Completion: Upon completion of Phase I, the Grant Manager for the Grantee shall
sign a Certification of Completion form, Attachment I, attached hereto and made a part hereof, that
certifies the Project was completed in accordance with the Scope of Work and the Agreement.
B. Fees: The Commission reserves the right to review and approve any and all fees proposed for grant
project sites, funded in whole or in part by this Program, for the term of the Agreement to ensure
that excess collection does not occur and that funds collected are not reallocated or diverted to any
non - boating access related purpose.
Page 5 of 5
FWC Agreement No. 16059
Attachment B
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described
in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award,
then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both
State and Federal funds, then all provisions apply.
MONITORING
In addition to reviews of audits conducted in accordance with Sections 200.500- 200.521, Uniform
Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as
revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS"
below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such
monitoring procedures may include, but not be limited to, on -site visits by the Commission staff or
contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or
other procedures. By entering into this Agreement, the Grantee agrees to comply and cooperate with any
monitoring procedures /processes deemed appropriate by the Commission. The Grantee further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Florida Department of Financial Services or the Florida Auditor General.
AUDITS
PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following
provisions apply:
A. This part is applicable if the Grantee is a State or local government or a non - profit organization as
defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance.
B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or
program- specific audit conducted in accordance with the provisions of the Federal Single Audit Act of
1996 and Sections 200.500- 200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment
indicates Federal resources awarded through the Commission by this Agreement. In determining the
Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards,
including Federal resources received from the Commission. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by Sections 200.500- 200.521,
OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB
Uniform Guidance, will meet the requirements of this part.
C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall
fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB
Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule
of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action
plan.
D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of Sections 200.500- 200.521, OMB Uniform Guidance, is not required. In the event that
the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after
Audit Requirements , rev.06 /01/2017 Page 1 of 6
FWC Agreement No. 16059
December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Sections 200.500- 200.521, OMB Uniform Guidance, the cost of the
audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from Grantee
resources obtained from other than Federal entities).
E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance
findings related to agreements with the Commission shall be based on the agreement requirements,
including any rules, regulations, or statutes referenced in the Agreement. The financial statements shall
disclose whether or not the matching requirement was met for each applicable agreement. All
questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with
reference to the Commission agreement involved. Additionally, the results from the Commission's
annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-
200.521, OMB Uniform Guidance audit reports.
F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of
expenditures of Federal awards shall identify expenditures by contract number for each agreement with
the Commission in effect during the audit period.
G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of Sections 200.500- 200.521, OMB Uniform Guidance, is not required.
In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Sections 200.500- 200.521, OMB
Uniform Guidance, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such
an audit must be paid from the Grantee's resources obtained from other -than Federal entities).
H. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census.gov/sac/sainfo.htrrfl
PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions
apply:
This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida
Single Audit Act).
A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in any fiscal year of such Grantee,
the Grantee must have a State single or project- specific audit for such fiscal year in accordance with
Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state
financial assistance awarded through the Commission by this Agreement. In determining the state
financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial
assistance, including state financial assistance received from the Commission, other state agencies, and
other non -state entities. State financial assistance does not include Federal direct or pass- through
awards and resources received by a non -state entity for Federal program matching requirements.
B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall
ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General.
Audit Requirements rev.06 /01/2017 Page 2 of 6
FWC Agreement No. 16059
C. If the Grantee expends less than $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in state
financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section
215.97, F.S., is not required. In the event that the Grantee expends less than $750,000.00 ($500,000.00
in fiscal years prior to July 1, 2016) in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be
paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's
resources obtained from other -than State entities).
D. Additional information regarding the Florida Single Audit Act can be found at:
https:Happs.fldfs.conVfsaa/
E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the
following address:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
PART III: REPORT SUBMISSION
A. Copies of reporting packages, to include any management letter issued by the auditor, for audits
conducted in accordance with Sections 200.500- 200.521, OMB Uniform Guidance, and required by
Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the
following at the address indicated:
1. The Commission at the following address:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the
reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted
to the Federal Audit Clearinghouse):
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
3. Other Federal agencies and pass - through entities in accordance with Section 200.512, OMB
Uniform Guidance.
B. Copies of audit reports for audits conducted in accordance with Sections 200.500- 200.521, OMB
Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the
Audit Requirements rev.06 /01/2017 Page 3 of 6
FWC Agreement No. 16059
audit report, indicate the date that the Grantee received the audit report); copies of the reporting
package described in Section 200.512, OMB Uniform Guidance, and any management letters issued
by the auditor; copies of reports required by Part II of this Attachment must be sent to the
Commission at the addresses listed in paragraph C. below.
C. Copies of financial reporting packages required by Part II of this Attachment, including any
management letters issued by the auditor, shall be submitted by or on behalf of the Grantee
directly to each of the following:
1. The Commission at the following address:
Office of Inspector General
Florida Fish and Wildlife Conservation Commission
Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399 -1600
2) The Auditor General's Office at the following address:
Auditor General's Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399 -1450
D. Any reports, management letter, or other information required to be submitted to the Commission
pursuant to this Agreement shall be submitted timely in accordance with OMB Sections 200.500-
200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable.
Grantees and sub - Grantees, when submitting financial reporting packages to the Commission for audits
done in accordance with Sections 200.500- 200.521, OMB Uniform Guidance, or Chapters 10.550
(local governmental entities) or 10.650 (non - profit and for - profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Grantee /sub- Grantee
in correspondence accompanying the reporting package.
- End of Attachment —
Audit Requirements rev.06 /01/2017 Page 4 of 6
FWC Agreement No. 16059
Exhibit 1
FEDERAL AND STATE FUNDING DETAIL
FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program(s) Funds
CFDA #
CFDA Title
Amount
15.605
Sort Fish Restoration — Boat Access Program
$37,500
Recipient must comply with the Florida Boating Improvement Program
Guidelines, January 2015.
Total Federal Awards
$37,500
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program(s) Compliance Requirements
CFDA #
Compliance Requirements
15.605
Recipient must comply with requirements found in Title 50 CFR Part 80
attached hereto and made a part of this Agreement as Attachment F.
Recipient must comply with the Florida Boating Improvement Program
Guidelines, January 2015.
J
STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Matching Funds Provided
by CFDA
CFDA #
CFDA Title
Amount of
Matching Funds
Total Matching Funds Associated with Federal
Programs
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project(s)
CSFA # CSFA Title Amount
Total Federal Awards
Audit Requirements rev.06 /01/2017 Page 5 of 6
FWC Agreement No. 16059
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
State Project(s) Compliance Requirements
CSFA # Compliance Requirements
NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5),
Florida Statutes, require that the information about Federal Programs and State Projects included
in Exhibit 1 be provided to the Grantee.
- End of EXHIBIT I -
Audit Requirements rev.06 /01/2017 Page 6 of 6
Attachment C
Copy of Federal Award FL F- F17AF00931
FWC Agreement No. 16059
ATTACHMENT C
QpP�MENT oF TyF i United States Department of the Interior
o" y F
ui $
a FISH AND WILDLIFE SERVICE
a 1875 Century Boulevard
� 3 '' 9A Atlanta, Georgia 30345
In Reply Refer To: P 2 017
FWS/R4/WSFR
Mr. Nick Wiley, Executive Director
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399 -1600
DUNS #: 838103893
Subject: Notice of Grant Award for FL F417AF00931
Dear Mr. Wiley:
Your organization's application for Federal financial assistance titled "Monroe County -Harry
Harris Boat Ramp Refurbish," submitted to the U.S. Fish and Wildlife Service CFDA Program
(15.605) is approved effective July 1, 2017. This award is made under the authority of the
Dingell - Johnson Sport Fish Restoration Act of 1950, 64 Stat. 430, as amended 16 U.S.C. 777-
777; and 50 CFR Part 80- Administrative Requirements, Pittman Robertson Wildlife Restoration
and Dingell - Johnson Sport Fish Restoration Act as amended July 24, 2008. For a complete list
of this program's authorizing legislation, go to: https: / /www.cfda.gov and search by the CFDA
Program number. This award is made based on Service approval of your organization's
application package, hereby incorporated by reference into this award. The purpose of this grant
award is to demolish, remove, and replace existing upper portion (above mean high waterline) of
both lanes of the boat ramp.
The performance period of this award is July 1, 2017, through June 30, 2019. If you need more
time to complete project activities, you must submit an Amendment request to extend the
performance period to the Wildlife and Sport Fish Restoration Program Chief at
r4federalassistance @fws.gov before the end of the stated performance period (see Performance
Period Extension section in enclosure). Only allowable costs resulting from obligations incurred
during the performance period may be charged to this award. All obligations incurred under the
award must be liquidated no later than 90 calendar days after the end of the performance period,
unless the Service approves a final financial reporting period extension (see Reporting
Requirements section in enclosure).
FundinLr Information:
The table below documents the approved funding for this award, including the Federal share and
non - Federal match:
Grant Award Action
Funding
Subaccount
Federal
Funds
Federal %
Matching
Funds
Match %
Total Award
A roved/Obli ated
9522
$37,500
75%
$12,500
25%
$50,000
Totals:
1
$37,500
75%
$12 500
25%
$50 000
Mr. Wiley
Page 2
Prior Approvals Recipients are required to request prior approvals for project and budget
revisions in accordance with 2 CFR 200.308 unless otherwise specifically waived in this award.
See Project and Budget Revisions section in enclosure.
Financial and Performance Reporting Requirements Final financial and performance
reports are required under this award. The report periods and due dates under this award are.
Report Title
The Recipient Project Officer for this award is:
Report Period:
Due Date
Interim Federal Financial Report SF -425
July
1, 2017
— June 30, 2018
September 29, 2018
Interim Performance Report
July
1, 2017
— June 30, 2018
September 29, 2018
Final Federal Financial Report SF -425
July
1, 2017
— June 30, 2019
September 29 2019
Final Performance Report
Jul
1 -2017 —June
30, 2019
September 29, 2019
All Reports should be sent to r4federalassistance @,fws.gov The TRACS number(s) for this
grant is: .
Terms and Conditions:_ A cceptance of this financial assistance award carries with it the
responsibility to be aware of and comply with the terms and conditions, attached, that are
applicable to the award. This includes the Federal regulations that are applicable to Service
awards; these terms and conditions for State, Local and Federally - recognized Indian Tribal
Governments are found in the Service's Financial Assistance Award Terms and Conditions (see
Terms ofAcceptance in enclosure). In addition, the following Special Conditions apply to this
grant award:
Special Conditions and Provisions:
Grant Award Approval is determined to be at the Grant Award Level. Your agency should
track performance accomplishments at the Grant level, and report on all of them in the Final
Performance Report. See Reporting Requirements section in enclosure for details.
Accounting: Cost accounting is required at the grant award subaccount level(s). Your agency
should track cost at this /these levels and report them in the Final Financial Report.
Equipment Purchased: Equipment purchased with grant funds shall be used by the grantee or
subgrantee in the program or project for which it was acquired as long as needed, whether or not
the project continues to be supported by federal funds. When the equipment is no longer needed
for the original program purposes, the equipment may be used in other activities currently or
previously supported by the Federal agency. The State will use, manage, and dispose of
equipment acquired with Federal Aid funds in accordance with State laws and procedures. If
equipment with a current market value over $5,000 is sold, the proceeds must be treated as
program income.
Proiect Contacts
The Service Project Officer for this award is:
The Recipient Project Officer for this award is:
Torre' Anderson
Deborah Furrow, Boating Access Coordinator
US Fish & Wildlife Service
Florida Fish and Wildlife Conservation Commission
1875 Century Boulevard
620 South Meridian Street
Atlanta, Georgia 30345
Tallahassee, FL 32399
404.679.4168
850.617.9517
Torre Anderson fws. ov
Deborah.Furrow m fwc.com
Mr. Wiley
Page 3
Copies of the Grant Award documents have been e- mailed to your grant coordinator. Please
contact me at (404) 679 -4154 or Torre' Anderson at (404) 679 -4168 if you have any questions.
Thank you for your interest and efforts in supporting conservation for fish and wildlife and their
habitats.
Sincerely yours,
Michael L. Piccirilli
Chief - Wildlife and Sport Fish Restoration Program
Enclosure
Additional Information
Terms of Acceptance: Acceptance of a financial assistance award (i.e., grant or cooperative agreement)
from the U.S. Fish and Wildlife Service (Service carries) with it the responsibility to be aware of and comply
with the terms and conditions applicable to the award. Acceptance is defined as the start of work, drawing
down or requesting funds, or accepting the award via electronic means. Awards are based on the application
submitted to and approved by the Service. Awards are subject to the terms and conditions incorporated into
the notice of award either by direct citation or by reference to the following: Federal regulations; program
legislation or regulation; and special award terms and conditions. The Federal regulations applicable to
Service awards are listed by recipient type in the Service Financial Assistance Award Terms and Conditions
posted on the Internet at http: / /ww�.v.fws.gov /grants /atc.html under the link "Effective as of. January 1,
2016 ". If you do not have access to the Internet and require a full text copy of the award terms and
conditions, contact our office.
System for Award Management (SAM) Registration: Under the terms and conditions of this award, your
organization must maintain an active SAM registration at https: //, ww.sam.gov /portaUpublie /SAM/ until the
final financial report is submitted or final payment is received, whichever is later. If your organization's
SAM registration expires during the required period, the Service will suspend payment under this and all
other Service awards to your organization until you update your organization's SAM registration.
Project and Budget Revisions: Recipients are required to inform us regarding any deviations from
approved budgets, project scopes, or objectives. In accordance with 2 CFR 200.308, recipients are required
to request prior approvals for these project and budget revisions unless otherwise specifically waived in this
award.
For a non - construction grant with a Federal share of the project exceeding the Simplified Acquisition
Threshold of $150,000, this Grant Award is subject to the prior written approval requirements of CFR
200.308(e) for transfer of funds among direct cost categories or programs, functions, and activities in which
the cumulative amount of such transfers exceeds 10 % of the total budget as last approved by the Federal
awarding agency.
Performance Period Extensions: If additional time is needed to complete the approved project, you must
send an SF -424 and written notice to the Service at r @ fws.gov. This notice must be
received by the Service before the authorized performance period end date of the grant, and must include
supporting reasons and a revised end date. Extensions for time cannot be authorized for the purpose of
spending an unused balance of funds that remains after the approved project activities have been completed.
Reporting Requirements:. Recipients must use the Standard Form (SF) 425, Federal Financial Report
form for all financial reporting. This form is available at http:/// www. whitehouse .gov /omb /grants_forms.
Performance reports must contain: 1) a comparison of actual accomplishments with the goals and
objectives of the award as detailed in the approved scope of work; 2) a description of reasons why
established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project
results. Please include the Service award number provided in the subject line of this letter on all reports.
Financial and performance reporting due dates may be extended by the Service upon receipt of a
written request addressed to the Service at r4federalassistance @fws.gov identifying the type of report to be
extended, the requested revised due date up to 90 days, and a justification for the extension. The Service
may approve an additional extension if justified by a catastrophe that significantly impairs the recipient's
operations. Requests for reporting due date extensions must be received by the Service no later than one
day before the original reporting due date.
Failure to Report: In accordance with the Service Manual chapter 516 FW 2 Performance Reporting for
Grant and Cooperative Agreement Awards, failure to submit reports by the required due dates may result in
the following'progressive actions, including but not limited to:
a) notifying your State Director in writing that a Financial Status - and /or Project Performance
Effective: 28 June 2016
Report was not received;
b) withholding cash payment pending receipt of the required report(s);
c) denying the use of Federal funds and all forms of matching funds;
d) whole or partial suspension, or termination of the current grant award;
e) withholding of future awards for the program; and,
f) other legal actions as stated in the interim guidance
Payments: Your organization has completed enrollment in U.S. Treasury's Automated Standard
Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will
be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP.
When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in
the subject line on letter followed by a percent sign ( %). Refer to the ASAP.gov Help menu for detailed
instructions on requesting payments in ASAP.
Significant Developments Reports (see 2 CFR 200.328(d)): Events may occur between the scheduled
performance reporting dates that have significant impact upon the supported activity. In such cases, notify
the Service Project Officer in writing as soon as the following types of conditions become known:
• Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of
the Federal award. This disclosure must include a statement of any corrective action(s) taken or
contemplated, and any assistance needed to resolve the situation.
• Favorable developments that enable meeting time schedules and objectives sooner or at less cost
than anticipated or producing more or different beneficial results than originally planned.
Conflict of Interest Disclosures: Recipients are responsible for notifying the Service Project Officer in
writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of
interest include any relationship or matter which might place the Recipient, the Recipient's employees, or the
Recipient's subrecipients in a position of conflict, real or apparent, between their responsibilities under this
award and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or
indirect financial interests, close personal relationships, positions of trust in outside organizations,
consideration of future employment arrangements with a different organization, or decision - making affecting
the award that would cause a reasonable person with knowledge of the relevant facts to question the
impartiality of the Recipient, the Recipient's employees, or the Recipient's subrecipients in the matter. Upon
receipt of such a notice, the Service Project Officer in consultation with their Ethics Counselor will
determine if a conflict of interest exists and, if so, if there are any possible actions to be taken by the
Recipient, the Recipient's employee(s), or the Recipient's subreeipient(s) that could reduce or resolve the
conflict. Failure to resolve conflicts of interest in a manner that satisfies the Service may result in any of the
remedies described in 2 CFR 200.338, Remedies for Noncompliance, including termination of this award.
Other Mandatory Disclosures: Recipients and their subrecipients must disclose, in a timely manner, in
writing to the Service or pass - through entity all violations of Federal criminal law involving fraud, bribery,
or gratuity violations potentially affecting this award. Failure to make required disclosures can result in any
of the remedies described in 2 CFR 200.338, Remedies for noncompliance, including suspension or
debarment (See 2 CFR 200.113, 2 CFR Part 180, and 31 U.S.C. 3321).
Integrated Pest Management: The Wildlife and Sport Fish Restoration Program encourages all grantees to
comply with all of their State laws, regulations, and policies regarding pest management, pesticide
application, invasive species management, disease control, and best management practices when conducting
pest management actions using funding associated with a Wildlife and Sport Fish Restoration Program grant.
This includes compliance with the Federal Insecticide, Fungicide and Rodenticide Act as your State
implements it. For further information, contact your State agency that manages pest control issues and/or
visit the Service Environmental Quality site at: https: / /www.fws.gov /ecological - services /habitat-
conservation/p df/DOIIPMpolicyFINAL.pdf.
Effective: 28 June 2016
FWC Contract No. 16059 Attachment # D
SITE DEDICATION
This Site Dedication gives notice that the Real Property identified as described in Exhibit A,
Legal Description, attached hereto, (the "Property ") has been developed with financial assistance
provided by the Florida Legislature, through the Fish and Wildlife Conservation Commission,
under the grant program called the Florida Boating Improvement Program (FBIP). In
accordance with Chapter 68- 1.003, F.A.C., and the Program Guidelines of the FBIP, the Property
is hereby dedicated to the public as a boating access facility for the use and benefit of the general
public for a minimum period of twenty (20) years from the date of this dedication.
DEDICATOR
Original signature
Printed Name
Title
Date
Witness
Printed Name
Witness
Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
by
produced
Stamp:
_ day of 1 20_
who is personally known to me or who
as identification.
Notary Public, State of Florida
Attachment E FWC Contract No. 16059
COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS
Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial
Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount
for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of supporting documentation:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services
and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies may submit alternative documentation to substantiate the reimbursement
request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or
submitted documentation must evidence the completion of all tasks required to be performed for the deliverable
and must show that the provider met the minimum performance standards established in the agreement.
August 2013 Page 1 of 1
Attachment F
Title 50 CFR, Part 80
FWC Agreement No. 16059
�
4615 Feder Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
[Docket No. FWS- R9 -WSR- 2009 -0088;
91 400 - 51 1 0 - POLI -7B; 91400- 9410 -POLI-
7B]
RIN 1018 -AW65
Financial Assistance: Wildlife
Restoration, Sport Fish Restoration,
Hunter Education and Safety
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: We, the U.S. Fish and
Wildlife Service, are revising
regulations governing the Wildlife
Restoration, Sport Fish Restoration, and
Hunter Education and Safety (Enhanced
Hunter Education and Safety) financial
assistance programs. We proposed a
revision of these regulations on June 10,
2010, to address changes in law,
regulation, policy, technology, and
practice during the past 25 years. We
also proposed a clarification of some
provisions of the issue - specific final
rule that we published on July 24, 2008.
This final rule simplifies specific
requirements of the establishing
authorities of the three programs and
clarifies terms in those authorities as
well as terms generally used in grant
administration. We organized the final
rule to follow the life cycle of a grant,
and we reworded and reformatted the
regulations following Federal plain
language policy and current rulemaking
guidance.
DATES: The final rule is effective on
August 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Joyce Johnson, Wildlife and Sport Fish
Restoration Program, Division of Policy
and Programs, U.S. Fish and Wildlife
Service, 703 - 358 -2156.
SUPPLEMENTARY INFORMATION:
Background
This final rule revises title 50 part 80
of the Code of Federal Regulations
(CFR), which is "Administrative
Requirements, Pittman - Robertson
Wildlife Restoration and Dingell -
Johnson Sport Fish Restoration Acts."
The primary users of these regulations
are the fish and wildlife agencies of the
50 States, the Commonwealths of Puerto
Rico and the Northern Mariana Islands,
the District of Columbia, and the
territories of Guam, the U.S. Virgin
Islands, and American Samoa. We use
"State" or "States" in this document to
refer to any or all of these jurisdictions,
except the District of Columbia for
purposes of the Pittman - Robertson
Wildlife Restoration Act and the two
grant programs and one subprogram
under its authority, because the Act
does not authorize funding for the
District. The term, "the 50 States,"
applies only to the 50 States of the
United States. It does not include the
Commonwealths of Puerto Rico and the
Northern Mariana Islands, the District of
Columbia, or the territories of Guam, the
U.S. Virgin Islands, and American
Samoa.
These regulations tell States how they
may: (a) Use revenues from hunting and
fishing licenses; (b) receive annual
apportionments from the Federal Aid to
Wildlife Restoration Fund and the Sport
Fish Restoration and Boating Trust -
Fund; (c) receive financial assistance
from the Wildlife Restoration program,
the Basic Hunter Education and Safety
subprogram, and the Enhanced Hunter
Education and Safety program; and (d)
receive financial assistance from the
Sport Fish Restoration program, the
Recreational Boating Access
subprogram, the Aquatic Resources
Education subprogram, and the
Outreach and Communications
subprogram. These programs provide
financial assistance to State fish and
wildlife agencies to: (a) Restore or
manage wildlife and sport fish; (b)
provide hunter - education, hunter -
development, and hunter - safety
programs; (c) provide recreational
boating access; (d) enhance the public's
understanding of water resources,
aquatic -life forms, and sport fishing; and
(e) develop responsible attitudes and
ethics toward aquatic and related
environments. The Catalog of Federal
Domestic Assistance at https://
www.cfda.gov describes these programs
under 15.611, 15.605, and 15.626:
The Pittman - Robertson Wildlife
Restoration Act, as amended (50 Stat.
917; 16 U.S.C. 669- 669k) and the
Dingell - Johnson Sport Fish Restoration
Act, as amended (64 Stat. 430; 16 U.S.C.
777 -777n, except 777e -1 and g -1),
established the programs affected by
this final rule in 1937 and 1950
respectively. We refer to these acts in
this document and in the final rule as
"the Acts." They established a hunting -
and angling -based user -pay and user -
benefit system in which the State fish
and wildlife agencies of the 50 States,
the Commonwealths, and the territories
receive formula -based funding from a
continuing appropriation from a
dedicated fund in the Treasury. The
District of Columbia also receives
funding, but only under the Dingell -
Johnson Sport Fish Restoration Act. The
Pittman - Robertson Wildlife Restoration
Act does not authorize funding for the
District of Columbia. Industry partners
pay excise taxes into a dedicated fund
in the Treasury on equipment and gear
manufactured for purchase by hunters,
anglers, boaters, archers, and
recreational shooters. The Service
distributes these funds to the fish and
wildlife agencies of the States that
contribute matching funds, generally
derived from hunting and fishing
license sales. In fiscal year 2010, the
States and other eligible jurisdictions
received $384 million in new funding
through the Wildlife Restoration and
Enhanced Hunter Education and Safety
programs and $363 million in new
funding through the Sport Fish
Restoration program.
We published a proposed rule in the
June 10, 2010, Federal Register [75 FR
32877] to revise the regulations
governing 50 CFR part 80. We reviewed
and considered all comments that were
delivered to the Service's Division of
Policy and Directives Management
during a 60 -day period from June 10 to
August 9, 2010, and all comments that
were entered on http://
tivww.regulations.gov or postmarked
during that period. We received 10
comments from State agencies, 2
comments from nonprofit organizations,
and 2 comments from one individual.
Most commenters addressed several
issues, so we reorganized the issues into
33 single -issue comments. This final
rule adopts the proposed rule that we
published on June 10, 2010, with
changes based on the comments
received. We discuss these comments in
the following section.
Response to Public Comments
We arranged the public comments
under the relevant sections of the rule.
Each numbered comment is from only
one agency, organization, or individual
unless it states otherwise. The
comments summarize the
recommendations or opinions as the
commenter presented them. We state in
the response to each comment whether
we made any changes as a result of the
recommendation. We also state how we
changed the rule, or we refer the reader
to the location of the change in the final
rule.
Some public comments led us to
reexamine sections beyond those that
the public addressed specifically. Based
on this reexamination, we made
nonsubstantive changes throughout the
document to improve clarity,
consistency, organization, or
comprehensiveness. We addressed any
substantive changes that resulted from
this reexamination in our responses to
the comments.
Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46151
We use the term "current" to refer to
50 CFR part 80 or any section or
paragraph of 50 CFR part 80 that became
effective after publication of a final rule
in the Federal Register at 73 FR 43120,
July 24, 2008. The term "proposed"
refers to language that was in the
proposed rule published in the Federal
Register at 75 FR 32877, June 10, 2010.
The term "new" refers to the language
of 50 CFR part 80 as published in this
final rule.
Subpart A— General
Section 80.2 What terms do I need to
know?
Comment 1: Define personal property
and law- enforcement activities.
Response 1: We defined personal
property to include intellectual property
and gave examples at the new § 80.2.
We removed the definition of
intellectual property and all examples
from the proposed § 80.20. To conform
to these changes for personal property,
we moved the examples of real property
from the proposed § 80.20(b)(1) to the
definition at § 80.2. We will consider
proposing a definition of law
enforcement during the next revision of
50 CFR part 80, so we can receive public
comments on a proposed definition.
Comment 2: Three commenters had
concerns about the proposed definition
of wildlife, which includes only birds
and mammals. One commenter said that
the narrow definition would cause
conflicts with States that define it more
broadly. Another commenter requested
that we broaden the definition to
include alligators. The third commenter
noted the proposed definition does not
include snapping turtles or bullfrogs,
which are part of at least one State's
hunting or sportfishing program.
Response 2: We did not make any
changes in response to these comments.
The proposed rule's definition of
wildlife is specific to wild birds and
mammals. This is a common element in
all State definitions of wildlife, and
program regulations since 1956 have
limited the benefits of the Pittman -
Robertson Wildlife Restoration Act (Act)
to wild birds and mammals. The Act did
not define wildlife in the original 1937
legislation, and none of its amendments
defined wildlife for purposes of projects
under the Act. Although Public Law
106 -553 (December 21, 2000) amended
the Act and defined wildlife, the only
effects of the amendment were to
authorize fiscal year 2001 funds for the
Wildlife Conservation and Restoration
program and to clarify the effect of the
Federal Advisory Committee Act. Public
Law 106 -553's definition of wildlife did
not apply to projects under the Act
according to section 902(f).
Subpart C— License Revenue
Section 80.20 What does revenue from
hunting and fishing licenses include?
Comment 3: The opening statement in
§ 80.20(a) reads, "Hunting and fishing
license revenue include's: (1) Proceeds
that the State fish and wildlife agency
receives from the sale of State - issued
general or special hunting or fishing
licenses * * * " This is a change from
the current § 80.4, which reads,
"Revenues from license fees paid by
hunters and fishermen are any revenues
the State receives from the sale of
licenses * * *" This change could
exclude as license revenue any license
fees collected by other State agencies on
behalf of the State fish and wildlife
agencies.
Response 3: We changed the proposed
§ 80.20(a) to read, "All proceeds from
the sale of State - issued general or
special hunting and fishing licenses,
permits, stamps, tags, access and use
fees, and other State charges to hunt or
fish for recreational purposes."
Subpart D— Certification of License
Holders
Section 80.31 How does an agency
certify the number of paid license
holders?
Comment 4: Insert "or his or her
designee" after "the director of the
[State] agency" at § 80.31(b) because
another individual may be responsible
for submitting annual license -
certification data electronically to the
Service on behalf of the agency director.
Response 4: We changed § 80.31(b) to
incorporate the recommendation.
Section 80.33 How does an agency
decide who to count as paid license
holders in the annual certification?
Comment 5: One commenter
supported the language at § 80.33(a)(1)
allowing States to count license holders
regardless of whether the licensee
engages in the activity. Two other
commenters said that the State should
not count license holders in the annual
certification if the licensee does not
hunt or fish.
Response 5: We did not make any
changes based on this comment. Some
people buy a license because they plan
to hunt or fish, but never do. Others buy
a license to take part in other outdoor
activities on a State Wildlife
Management Area where it is required
for entry. Some buy a license solely to
support wildlife and sport fish
programs. Others buy a lifetime license
as a gift for a child who is too young to
hunt or fish. The Acts require States to
count the number of paid hunting- or
fishing - license holders. They do not
require States to count those who
actually hunt or fish.
Comment 6: Allow a State to verify a
license holder in State records using a
unique identifier instead of a name.
This will accommodate a State that does
not record the name of certain categories
of license holders, such as minors, out -
of -State hunters and anglers, and
individuals who do not want to give
their names for religious reasons.
Response 6: We accepted the
recommendation, but we need to ensure
that the agency can associate a license
holder with the unique identifier. We
changed the proposed § 80.33(a) to read:
"A State fish and wildlife agency must
count only those people who have a
license issued: (1) In the license holder's
name, or (2) With a unique identifier
that is traceable to the license holder,
who must be verifiable in State
records."
Comment 7: Section 80.33(a)(4) does
not allow a State director to count all
persons who have paid licenses to hunt
or fish in the State - specified
certification period. This is inconsistent
with the Acts and the proposed
§ 80.31(a).
Response 7: We did not make any
changes based on this comment. We use
data from the annual certification of
licenses to divide excise tax revenue
among the States. Section 80.33
provides an equitable way to count: (a)
Individuals holding licenses for a fixed
period corresponding to the license -
certification year, and (b) other
individuals holding licenses for a period
that starts on the date of purchase and
ends 365 days later (variable period). A
State that sells variable - period licenses
should not be able to count them in two
annual certification periods if a State
that sells only single -year fixed - period
licenses can count them in only one
annual certification period.
Comment 8: Combination license
holders should be counted as both
anglers and hunters at § 80.33(a)(6) only
if the State offers an option to buy a
separate license to hunt or fish. If no
such option exists, the State should
conduct a survey or use other means to
find out how many license holders
intend to hunt and how many intend to
fish. The same approach should apply
to use permits and entrance fees for
wildlife management areas, to find out
how many enter to hunt or fish, and
how many enter for other activities.
States should count only those who
hunt or fish as paid license holders.
Response 8: The Acts require States to
count the number of paid hunting and
46152 Fede ral Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
fishing license holders. They do not
require States to count those who
actually hunt or fish, so we will not
require surveys as the commenter
recommended.
Comment 9: The proposed § 80.33(b)
states that, for a multiyear license to be
counted in each certification period, a
State fish and wildlife agency must
receive $1 per year of net revenue for
each year in which the license is valid.
Clarify whether the agency can count
the multiyear license as a paid license
if the agency spends the entire
multiyear license fee immediately after
receiving it. Without this clarification,
an alternative interpretation is that the
agency must hold the fee over the
lifetime of the license so that $1 of net
revenue is available in each year that
the agency will count it as a paid
license.
Response 9: We added a new § 80.35
on requirements for multiyear licenses.
Paragraph (b) of this new section
addresses the commenter's concern:
"The agency must receive net revenue
from a multiyear license that is in close
approximation to the net revenue
received for a single -year license
providing similar privileges:
(1) Each year during the license
period, or
(2) At the time of sale as if it were a
single - payment annuity, which is an
investment of the license fee that shows
the agency would have received at least
the minimum required net revenue for
each year of the license period."
Section 80.34 (new section 80.36) May
an agency count license holders in the
annual certification if the agency
receives funds from the State to cover
their license fees?
Comment 10: One commenter said
that senior citizens in his State must pay
$11 for a license, of which the State fish
and wildlife agency receives about $9.
The commenter said this $9 in net
revenue allows the State to count the
license in only nine annual certification
periods. He compared this to the
proposed §§ 80.33(b) and 80.34 which
would allow a State to provide funds to
its fish and wildlife agency to cover fees
normally charged for a category of
license, such as senior citizens or
veterans. The agency would be able to
count those license holders in the
annual certification for each year that
the State covers the fees. The
commenter said this change would
potentially shift funds from States that
offer low -cost licenses to those where
the State covers fees normally charged
for a category of license. Two other
commenters opposed the proposed
§§ 80.33(b) and 80.34, and two
commenters supported these sections.
Response 10: We did not make any
changes based on this comment. If a
State chooses to pay the hunting and
fishing license fees for a category of its
citizens, it should be able to count the
license holders in the annual
certification if the State and its fish and
wildlife agency satisfy the conditions at
the new § 80.36.
Comment 11: The proposed § 80.34(b)
requires that any funds that a State
provides to its fish and wildlife agency
to cover fees for a category of license
holder must equal or exceed the fees
that the license holder would have paid.
Why is this different from the standard
at the proposed § 80.33(a)(4), which
requires that the agency receive at least
$1 per year of net revenue?
Response 11: Licenses that provide
similar privileges should not have a
lower fee just because the State is
paying for it. We retained this
requirement with an additional
clarification at the new § 80.36(d).
Subpart E— Eligible Activities
Section 80.50 What activities are
eligible for funding under the Pittman -
Robertson Wildlife Restoration Act?
Comment 12: Add as an eligible
activity, "Obtain data to guide and
direct the regulation of hunting."
Response 12: We added the
recommended eligible activity at a new
paragraph (a)(3).
Comment 13: The use of "or" in the
proposed § 80.50(a)(4) allows funding
for anything that simply provides public
access. The public access should be
associated with a wildlife- or habitat -
management or conservation purpose.
Response 13: We changed the
proposed § 80.50(a)(4) to read, "Acquire
real property suitable or capable of
being made suitable for: (i) Wildlife
habitat, or (ii) Public access for hunting
and other wildlife- oriented recreation."
We also moved the proposed
§ 80.50(a)(5)(ii) to the new
§ 80.50(a)(6)(ii) and changed it to read,
"Provide public access for hunting or
other wildlife- oriented recreation."
Comment 14: Add coordination of
grants as an eligible activity for the
Wildlife and Sport Fish Restoration
programs. Add technical assistance as
an eligible activity for the Wildlife
Restoration program.
Response 14: We added "Coordinate
grants in the Wildlife Restoration
program and related programs and
subprograms" as an eligible activity for
the Wildlife Restoration program at the
new § 80.50(a)(8). We also added
"Coordinate grants in the Sport Fish
Restoration program and related
programs and subprograms" as an
eligible activity for the Sport Fish
Restoration program at the new
§ 80.51(a)(11). We did not add technical
assistance because we may need to
establish criteria to decide when it is
appropriate, and we do not want to do
this without the benefit of public
comment following a proposed rule.
However, the Regional Director may still
approve technical assistance as an
eligible activity on a case -by -case basis
under the new section § 80.52, which
we discuss in Response 15.
Comment 15: The "closed list" of
eligible activities could exclude some
creative projects that may be
appropriate under the Act.
Response 15: We added a new section
§ 80.52 which reads: "An activity may
be eligible for funding even if this part
does not explicitly designate it as an
eligible activity if: (a) The State fish and
wildlife agency justifies in the project
statement how the activity will help
carry out the purposes of the Pittman -
Robertson Wildlife Restoration Act or
the Dingell - Johnson Sport Fish
Restoration Act, and (b) The Regional
Director concurs with the justification."
Comment 16: One commenter was
pleased that the proposed rule included
hunter development and recruitment as
eligible for funding under the Enhanced
Hunter Education and Safety program.
Another commenter said that
recruitment has no foundation in the
Act. The commenter also said that the
Service could consider marketing,
promotion, and advertising that may be
part of recruitment as public relations,
which is an ineligible activity.
Response 16: We disagreed with the
commenter's view that recruitment may
be an ineligible activity. The Pittman -
Robertson Wildlife Restoration Act at 16
U.S.C. 669h -1 specifically allows the
use of funds for hunter - development
programs, and recruitment may be the
first phase of hunter development. We
made no changes based on this
comment.
Comment 17: The linkage that
§ 80.50(c)(1) makes between hunter
development and target shooting is
weak at best.
Response 17: Target shooting is an
activity that develops certain hunting
skills and supplements hunter
education and firearm safety. We made
no changes based on this comment.
Comment 18: The proposed rule
should have said whether competitive
shooting events are eligible activities
and more specifically whether a grant
could pay for prizes, scholarships, and
awards associated with competitive
shooting events.
Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46153
Response 18: If the State fish and
wildlife agency, or more typically, the
subgrantee, holds the competitive
shooting event for the primary purpose
of producing income, the event would
not be eligible for funding under the
Pittman - Robertson Wildlife Restoration
Act. We will consider developing
Service policy on competitive events in
the grant programs and subprograms
authorized by the Acts. We made no
changes based on this comment.
Section 80.51 What activities are
eligible for funding under the Dingell -
Johnson Sport Fish Restoration Act?
Comment 19: Add as an eligible
activity for the Sport Fish Restoration
program, "Stock fish for recreational
purposes."
Response 19: We incorporated the
recommendation at the new
§ 80.51(a)(5).
Comment 20: Change the second
sentence at § 80.51(b)(1) so that it reads,
"A broad range of access facilities and
associated amenities can qualify for
funding, but they must provide benefits
to recreational boaters." This change
will align the regulation with the
language of the Act. The Service's
policy at 517 FW 7.12(B) already
ensures that the facilities accommodate
stakeholders who buy motorboat fuels
or angling gear.
Response 20: We changed the
sentence as recommended.
Section 80.52 (80.53 in final rule)
What activities are ineligible for
funding?
Comment 21: Clarify whether wildlife
damage and predator control are eligible
for funding from (a) a grant in the
Wildlife Restoration program, or (b)
license revenue.
Response 21: We will consider this
issue during the next revision of 50 CFR
80, so that the public will have the
opportunity to offer comments. We
made no changes based on this
comment.
Subpart F— Allocation of Funds by an
Agency
Section 80.60 What is the relationship
between the Basic Hunter Education
and Safety subprogram and the
Enhanced Hunter Education and Safety
program?
Comment 22: Explain at § 80.60(c)
that the Service reapportions
unobligated Enhanced Hunter
Education funds to eligible States as
Wildlife Restoration funds and not
Hunter Education funds.
Response 22: We changed § 80.60(c)
to incorporate this recommendation.
Section 80.66 What requirements
apply to allocation of funds between
marine and freshwater fisheries
projects?
Comment 23: The proposed § 80.66(a)
requires the use of a proportion based
on the ratio of a State's resident marine
anglers to the State's total anglers. This
ratio must equal the ratio of: (a) The
Sport Fish Restoration funds that the
State allocates for marine projects, to (b)
the total Sport Fish Restoration funds.
However, some marine anglers also fish
in freshwater, so a State has to allocate
this overlap when developing a ratio for
marine and a ratio for freshwater
anglers. The Service has misinterpreted
16 U.S.C. 777(b)(1) which reads, "
[E]ach coastal State * * * shall
equitably allocate amounts apportioned
to such State * * * between marine fish
projects and freshwater fish projects in
the same proportion as the estimated
number of resident marine anglers and
the estimated number of resident
freshwater anglers, respectively, bear to
the estimated number of all resident
anglers in that State." This requires only
a comparison of the number of marine
anglers to the number of freshwater
anglers in the same order as a
comparison of the dollars allocated to
marine projects. and the dollars
allocated to freshwater projects. The
relationship of the numbers of the two
types of anglers is a ratio, just as the
relationship of the two dollar amounts
is a ratio. The two ratios are in the
"same proportion" as required by
§ 777(b)(1). The proposed rule
incorrectly requires a proportion based
on: (a) A comparison of the funds
allocated to marine fisheries projects_
with the total funds allocated to marine
and freshwater fisheries, and (b) a
comparison of marine anglers to the
total number of marine and freshwater
anglers.
Response 23: The commenter's
recommendation would make the
allocation of funds simpler, but the
proposed § is the most
reasonable interpretation of what the
drafters of the legislation intended. In
any case, it would not be appropriate to
impose a different allocation method
based on an alternative interpretation
without the benefit of public review. We
made no changes based on this
comment, but we will review this issue
before the next revision of 50 CFR 80.
Subpart G— Application for a Grant
Section 80.83 What is the Federal
share of allowable cost?
Comment 24: Section 80.83(a) gives
the Regional Director the discretion to
reimburse allowable costs on a sliding
scale between 10 and 75 percent, but
does not give guidance on how the
Regional Director should make that
decision.
Response 24: The commenter's
general concern was also applicable to
the other paragraphs of § 80.83. We
changed the proposed § 80.83 to provide
more detail on how the Regional
Director decides on the Federal share.
Subpart I— Program Income
Section 80.120 What is program
income?
Comment 25: Explain at the proposed
§ 80.120(c)(1) why hunting and fishing
license revenue collected as fees for
special -area access or recreation cannot
be program income.
Response 25: We deleted the
proposed § 80.120(c)(1) from the list of
examples of revenue that cannot be
program income. This deletion is the
result of a July 2010 determination that
hunter - access fees on lands leased with
grant funds for public hunting may
qualify as program income under certain
conditions.
Comment 26: Explain the basis of the
distinction between leases with terms
greater than 10 years and leases with
terms less than 10 years.
Response 26: Leases are legally
complex. Their classification as
personal or real property varies
significantly among the States and even
within a State depending on the type of
property. The classification of a lease as
real or personal property is important
because it determines whether rent
earned by a grantee from the lease of
real property acquired under a grant is
classified as program income or as
proceeds from the disposition of real
property. We proposed the 10 -year
threshold to simplify this complexity by
adopting a common standard for
classifying leases as real or personal
property for purposes of the grant
programs under the Acts. We chose 10
years because it is a commonly accepted
dividing line between long-term and
short -term leases, which often affects
the lessees' rights and responsibilities.
We will present this subject in the
context of a future proposed rule that
focuses on the acquisition and
disposition of all types of real property
under a grant. Until we can develop a
proposed rule with that focus, we will
rely on case -by -case legal interpretations
when faced with lease - related issues.
We changed the proposed § 80.120(c)(6),
which is the new § 80.120(c)(5), to read,
"Proceeds from the sale of real
property."
46154 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
Section 80.123 How may an agency
use program income?
Comment 27: One commenter stated
that we should not require State fish
and wildlife agencies to obtain the
Regional Director's approval of the
matching method for using program
income if we do not require the
Regional Director's approval for other
activities under a grant. This commenter
and another stated that all grants
qualified for use of the matching
method under the criteria at § 80.123(c),
and both commenters said that we
should consider approving the use of
the matching method without
conditions or give specific guidance on
when its use is appropriate. A third
commenter also requested guidance on
when the matching method is
appropriate.
Response 27: The statement at
§ 80.123(c) that the Regional Director
may approve the use of the matching
method is consistent with other prior -
approval requirements of this
regulation. The Director has delegated
the authority to conduct grant programs
to the Regional Director with only a few
exceptions. The definition of "Regional
Director" at § 80.2 includes his or her
designated representative, and Regional
Directors have generally delegated most
decisions on grant programs to the
chiefs of their Regional Wildlife and
Sport Fish Restoration Program
Divisions. We will consider proposing
criteria for approval of the matching
method of using program income during
the next revision of 50 CFR 80 so the
public will have the opportunity to offer
comments. We made no changes based
on these comments.
Subpart J- -Real Property
Section 80.130 Does an agency have to
hold title to real property acquired
under a grant?
Comment 28: Do not restrict a State
agency's ability in § 80.130 to carry out
a grant - funded project on lands to
which it does not have title. States may
want to use grant funds to manage
wildlife on Federal lands under the
terms of a cooperative agreement.
Response 28: Both §§ 80.130 and
80.132 relate to the commenter's
concern. We based these sections on 16
U.S.C. 777g(a), 43 CFR 12.71(a) and (b),
and the current regulation at § 80.20,
which has been part of 50 CFR part 80
with only a minor change since 1982.
The final rule does not affect an
agency's ability to manage Federal lands
cooperatively if this management does
not include the completion of a capital
improvement.
b
discretion.
Response 29: A subgrantee is an entity
that receives an award of money or
property. A subgrantee is accountable to
the grantee for the use of the money or
property (see definitions of subgrant and
subgrantee at 43 CFR 12.43). The
proposed § 80.131(b) allows the grantee
to subgrant only a concurrent right to
hold the easement or a right of
enforcement. The grantee will be able to
set the terms of the subgrant agreement
and ensure that the subgrantee's right
will not supersede and will be
concurrent with the agency's right of
enforcement. Since a third party is not
necessarily a subgrantee, the grantee
may not be able to set the terms of any
agreement on the right of enforcement
or a concurrent right to hold the
easement. We made no changes based
on this comment.
Comment 30: Define "concurrent right
to hold."
Response 30: We defined the term at
the new § 80.131(b)(2).
Section 80.132 Does an agency have to
control the land or water where it
completes capital improvements?
See Comments 31 and 32 and our
responses.
Section 80.134 How must an agency
use real property?
Comment 31: Instead of requiring a
grantee to use real property for the uses
in the grant, the regulation should state
that the property must continue to serve
the purpose of the grant and must be
used for the administration of the fish
and wildlife programs.
Response 31: The new § 80.134(a)
states, "If a grant funds acquisition of an
interest in a parcel of land or water, the
State fish and wildlife agency must use
it for the purpose authorized in the
grant." The requirement to use property
for the administration of fish and
wildlife programs applies only if: (a)
The administration of fish and wildlife
programs is a purpose of the grant -
funded project that acquired,
completed, operated, or maintained the
real property; or (b) license revenue
funded all or part of the project [see the
proposed 50 CFR 80.10(c)(2)]. We made
no changes based on this comment.
Comment 32: Clarify that grant
projects on property other than that
acquired with grant funds fall within
the requirements of § 80.134.
Section 80.137 What if real property is
no longer useful or needed for its
original purpose?
Comment 33: The proposed § 80.137
says that if a State fish and wildlife
agency's director and the Service's
Regional Director jointly decide that
grant - funded real property is no longer
useful or needed for its original
purpose, the State agency's director may
request disposition instructions. Provide
guidance on how the Service and State
agency will cooperatively formulate
these instructions.
Response 33: We changed the
proposed § 80.137(b) so that it reads:
"Request disposition instructions for the
real property under the process
described at 43 CFR 12.71,
`Administrative and Audit
Requirements and Cost Principles for
Assistance Programs'."
Required Determinations
Regulatory Planning and Review (E. 0.
12866)
The Office of Management and Budget
(OMB) has determined that this rule is
not significant and has not reviewed
this rule under E.O. 12866. OMB bases
its determination on the following four
criteria:
a. Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
b. Whether the rule will create
inconsistencies with other Federal
agencies' actions.
c. Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
d. Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
The Regulatory Flexibility Act
requires an agency to consider the
impact of final rules on small entities,
i.e., small businesses, small
organizations, and small government
jurisdictions. If there is a significant
economic impact on a substantial
number of small entities, the agency
must perform a Regulatory Flexibility
Analysis. This is not required if the
Section 80.131 Does an agency have to Response 32: The comment applies to
hold an easement acquired under a § 80.132 as well as § 80.134. We
grant? changed §§ 80.132 and 80.134 to
Comment 29: Replace "subgrantee" incorporate the recommendation and to
with "third party" because "subgrant" clarify in § 80.134 the differences in use
implies that grant funding passes to a requirements for specific types of grant -
subgrantee for use at the subgrantee 's funded projects.
Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46155
head of an agency certifies the rule
would not have a significant economic
impact on a substantial number of small
entities. The Small Business Regulatory
Enforcement Fairness Act ( SBREFA)
amended the Regulatory Flexibility Act
to require Federal agencies to state the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities.
We have examined this final rule's
potential effects on small entities as
required by the Regulatory Flexibility
Act. We have determined that the
changes in the final rule will not have
a significant impact and do not require
a Regulatory Flexibility Analysis
because the changes:
a. Give information to State fish and
wildlife agencies that allows them to
apply for and administer grants more
easily, more efficiently, and with greater
flexibility. Only State fish and wildlife
agencies may receive grants in the three
programs affected by this regulation, but
small entities sometimes voluntarily
become subgrantees of agencies. Any
impact on these subgrantees would be
beneficial.
b. Address changes in law and
regulation. This rule helps grant
applicants and recipients by making the
regulations consistent with current
standards. Any impact on small entities
that voluntarily become subgrantees of
agencies would be beneficial.
c. Change three provisions on license
certification adopted in a final rule
published on July 24, 2008, based on
subsequent experience. These changes
would impact only agencies and not
small entities.
d. Clarify additional issues in the
Pittman - Robertson Wildlife Restoration
Act and Dingell - Johnson Sport Fish
Restoration Act. This clarification will
help agencies comply with statutory
requirements and increase awareness of
alternatives available under the law.
Any impact on small entities that
voluntarily become subgrantees of
agencies would be beneficial.
e. Clarify that (1) cooperative farming
or grazing arrangements and (2) sales
receipts retained by concessioners or
contractors are not program income.
This clarification allows States to
expand projects with small businesses
and farmers without making these
cooperative arrangements or sales
receipts subject to program income
restrictions. This clarification would be
potentially beneficial to the small
entities that voluntarily become
cooperative farmers, cooperative
ranchers, and concessioners.
f. Add information that allows States
to enter into agreements with nonprofit
organizations to share rights or
responsibilities for easements acquired
under grants for the mutual benefit of
both parties. This addition would
benefit the small entities that enter into
these agreements voluntarily.
g. Reword and reorganize the
regulation to make it easier to
understand. Any impact on the small
entities that voluntarily become
subgrantees of agencies would be
beneficial.
The Service has determined that the
changes primarily impact State
governments. The small entities affected
by the changes are primarily
concessioners, cooperative farmers,
cooperative ranchers, and subgrantees
who voluntarily enter into mutually
beneficial relationships with an agency.
The impact on small entities would be
very limited and beneficial in all cases.
Consequently, we certify that because
this final rule would not have a
significant economic effect on a
substantial number of small entities, a
Regulatory Flexibility Analysis is not
required.
In addition, this final rule is not a
major rule under SBREFA (5 U.S.C.
804(2)) and would not have a significant
impact on a substantial number of small
entities because it does not:
a. Have an annual effect on the
economy of $100 million or more.
b. Cause a major increase in costs or
prices for consumers; individual
industries; Federal, State, or local
government agencies; or geographic
regions.
c. Have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S. -based enterprises to compete
with foreign -based enterprises.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. Ch. 25; Pub. L. 104-
4) establishes requirements for Federal
agencies to assess the effects of their
regulatory actions on State, local, and
tribal governments and the private
sector. The Act requires each Federal
agency, to the extent permitted by law,
to prepare a written assessment of the
effects of a final rule with Federal
mandates that may result in the
expenditure by State, local, and tribal
governments, in aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. We have determined the
following under the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.):
a. As discussed in the determination
for the Regulatory Flexibility Act, this
final rule would not have a significant
economic effect on a substantial number
of small entities.
b. The regulation does not require a
small government agency plan or any
other requirement for expenditure of
local funds.
c. The programs governed by the
current regulations and enhanced by the
changes potentially assist small
governments financially when they
occasionally and voluntarily participate
as subgrantees of an agency.
d. The final rule clarifies and
enhances the current regulations
allowing State, local, and tribal
governments, and the private sector to
receive the benefits of grant funding in
a more flexible, efficient, and effective
manner. They may receive these
benefits as a subgrantee of a State fish
and wildlife agency, a cooperating
farmer or rancher, a concessioner, a
concurrent holder of a grant- acquired
easement, or a holder of enforcement
rights under an easement.
e. Any costs incurred by a State, local,
and tribal government, or the private
sector are voluntary. There are no
mandated costs associated with the final
rule.
f. The benefits of grant funding
outweigh the costs. The Federal
Government provides up to 75 percent
of the cost of each grant to the 50 States
in the three programs affected by the
final rule. The Federal Government may
also provide up to 100 percent of the
cost of each grant to the
Commonwealths of Puerto Rico and the
Northern Mariana Islands, the District of
Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American
Samoa. All 50 States and other eligible
jurisdictions voluntarily apply for grants
in these programs each year. This rate
of participation is clear evidence that
the benefits of grant funding outweigh
the costs.
g. This final rule would not produce
a Federal mandate of $100 million or
greater in any year, i.e., it is not a
"significant regulatory action" under
the Unfunded Mandates Reform Act.
Takings
This final rule does not have
significant takings implications under
E.O. 12630 because it does not have a
provision for taking private property.
Therefore, a takings implication
assessment is not required.
Federalism
This final rule does not have
sufficient Federalism effects to warrant
preparation of a Federalism assessment
under E.O. 13132. It will not interfere
with the States' ability to manage
themselves or their funds. We work
46156 Federa R 76, No. 147/Monday, August 1, 2011/Rules and Regulations
closely with the States in administration
of these programs, and they helped us
identify those sections of the current
regulations in need of change and new
issues in need of clarification through
regulation. In drafting the final rule, we
received comments from committees of
the Association of Fish and Wildlife
Agencies and from the Joint Federal/
State Task Force on Federal Assistance
Policy. The Director of the U.S. Fish and
Wildlife Service and the President of the
Association of Fish and Wildlife
Agencies jointly chartered the Joint
Federal /State Task Force on Federal
Assistance Policy in 2002 to identify
issues of national concern in the three
grant programs affected by the final rule.
Civil Justice Reform
The Office of the Solicitor has
determined under E.O. 12988 that the
rule would not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order. The final rule will benefit
grantees because it:
a. Updates the regulations to reflect
changes in policy and practice during
the past 25 years;
b. Makes the regulations easier to use
and understand by improving the
organization and using plain language;
c. Modifies four provisions in the
final rule to amend 50 CFR part 80
published in the Federal Register at 73
FR 43120 on July 24, 2008, based on
subsequent experience; and
d. Addresses four new issues that
State fish and wildlife agencies raised in
response to the proposed rule to amend
50 CFR part 80 published in the Federal
Register at 73 FR 24523, May 5, 2008.
Paperwork Reduction Act
We examined the final rule under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). We may not collect or
sponsor and you are not required to
respond to a collection of information
unless it displays a current OMB control
number. The final rule at 50 CFR 80.160
describes eight information collections.
All of these collections request
information from State fish and wildlife
agencies, and all have current OMB
control numbers.
OMB authorized and approved
Governmentwide standard forms for
four of the eight information collections.
These four information collections are
for the purposes of: (a) Application for
a grant; (b) assurances related to
authority, capability, and legal
compliance for nonconstruction
programs, (c) assurances related to
authority, capability, and legal
compliance for construction programs;
and (d) reporting on the use of Federal
funds, match, and program income.
OMB approved three other
information collections in the final rule
under control number 1018 -0109, but
has not approved Governmentwide
standard forms for these collections.
The purposes of these information
collections are to provide the Service
with: (a) A project statement in support
of a grant application, (b) a report on
progress in completing a grant- funded
project, and (c) a request to approve an
update or another change in information
provided in a previously approved
application. OMB authorized these
information collections in its Circular
A -102.
The Acts and the current 50 CFR
80.10 authorize the eighth information
collection. This collection allows the
Service to learn the number of people
who have a paid license to hunt and the
number of people who have a paid
license to fish in each State during a
State - specified certification year. The
Service uses this information in
statutory formulas to apportion funds in
the Wildlife Restoration and Sport Fish
Restoration programs among the States.
OMB approved this information
collection on forms FWS 3 -154a and 3-
154b under control number 1018 -0007.
The final rule does not change the
information required on forms FWS 3-
154a and 3 -154b. It merely establishes
a common approach for States to assign
license holders to a certification year.
National Environmental Policy Act
We have analyzed this rule under the
National Environmental Policy Act, 42
U.S.C. 432- 437(f) and part 516 of the
Departmental Manual. This rule does
not constitute a major Federal action
significantly affecting the quality of the
human environment. An environmental
impact statement /assessment is not
required due to the categorical
exclusion for administrative changes
provided at 516 DM 8.5A(3).
Government -to- Government
Relationship With Tribes
We have evaluated potential effects
on federally recognized Indian tribes
under the President's memorandum of
April 29, 1994, "Government -to-
Government Relations with Native
American Tribal Governments" (59 FR
22951), E.O. 13175, and 512 DM 2. We
have determined that there are no
potential effects. This final rule will not
interfere with the tribes' ability to
manage themselves or their funds.
Energy Supply, Distribution, or Use
(E. 0. 13211)
E.O. 13211 addresses regulations that
significantly affect energy supply,
distribution, and use and requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. This rule is not a significant
regulatory action under E.O. 12866 and
will not affect energy supplies,
distribution, or use. Therefore, this
action is not a significant energy action
and no Statement of Energy Effects is
required.
List of Subjects in 50 CFR Part 80
Education, Fish, Fishing, Grants
administration, Grant programs,
Hunting, Natural resources, Real
property acquisition, Recreation and
recreation areas, Signs and symbols,
Wildlife.
Final Regulation Promulgation
For the reasons discussed in the
preamble, we amend title 50 of the Code
of Federal Regulations, chapter I,
subchapter F, by revising part 80 to read
as set forth below:
Title 50— Wildlife. and Fisheries
PART 80— ADMINISTRATIVE
REQUIREMENTS, PITTMAN-
ROBERTSON WILDLIFE
RESTORATION AND DINGELL-
JOHNSON SPORT FISH
RESTORATION ACTS
Subpart A— General
Sec.
80.1 What does this part do?
80.2 What terms do I need to know?
Subpart B —State Fish and Wildlife Agency
Eligibility
80.10 Who is eligible to receive the benefits
of the Acts?
80.11 How does a State become ineligible to
receive the benefits of the Acts?
80.12 Does an agency have to confirm that
it wants to receive an annual
apportionment of funds?
Subpart C— License Revenue
80.20 What does revenue from hunting and
fishing licenses include?
80.21 What if a State diverts license
revenue from the control of its fish and
wildlife agency?
80.22 What must a State do to resolve a
declaration of diversion?
80.23 Does a declaration of diversion affect
a previous Federal obligation of funds?
Subpart D— Certification of License Holders
80.30 Why must an agency certify the
number of paid license holders?
80.31 How does an agency certify the
number of paid license holders?
80.32 What is the certification period?
Fe deral Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46157
80.33 How does an agency decide who to
count as paid license holders in the
annual certification?
80.34 How does an agency calculate net
revenue from a license?
80.35 What additional requirements apply
to multiyear licenses?
80.36 Mayan agency count license holders
in the annual certification if the agency
receives funds from the State to cover
their license fees?
80.37 What must an agency do if it becomes
aware of errors in its certified license
data?
80.38 May the Service recalculate an
apportionment if an agency submits
revised data?
80.39 May the Director correct a Service
error in apportioning funds?
Subpart E- Eligible Activities
80.50 What activities are eligible for
funding under the Pittman- Robertson
Wildlife Restoration Act?
80.51 What activities are eligible for
funding under the Dingell - Johnson Sport
Fish Restoration Act?
80.52 May an activity be eligible for
funding if it is not explicitly eligible in
this part?
80.53 Are costs of State central services
eligible for funding?
80.54 What activities are ineligible for
funding?
80.55 May an agency receive a grant to
carry out part of a larger project?
80.56 How does a proposed project qualify
as substantial in character and design?
Subpart F- Allocation of Funds by an
Agency
80.60 What is the relationship between the
Basic Hunter Education and Safety
subprogram and the Enhanced Hunter
Education and Safety program?
80.61 What requirements apply to funds for
the Recreational Boating Access
subprogram?
80.62 What limitations apply to spending
on the Aquatic Resource Education and
the Outreach and Communications
subprograms?
80.63 Does an agency have to allocate costs
in multipurpose projects and facilities?
80.64 How does an agency allocate costs in
multipurpose projects and facilities?
80.65 Does an agency have to allocate funds
between marine and freshwater fisheries
projects?
80.66 What requirements apply to
allocation of funds between marine and
freshwater fisheries projects?
80.67 May an agency finance an activity
from more than one annual
apportionment?
80.68 What requirements apply to financing
an activity from more than one annual
apportionment?
Subpart G- Application for a Grant
80.80 How does an agency apply for a
grant?
80.81 What must an agency submit when
applying for a comprehensive-
management- system grant?
80.82 What must an agency submit when
applying for a project -by- project grant?
80.83 What is the Federal share of
allowable costs?
80.84 How does the Service establish the
non - Federal share of allowable costs?
80.85 What requirements apply to match?
Subpart H- General Grant Administration
80.90 What are the grantee's
responsibilities?
80.91 What is a Federal obligation of funds
and how does it occur?
80.92 How long are funds available for a
Federal obligation?
80.93 When may an agency incur costs
under a grant?
80.94 May an agency incur costs before the
beginning of the grant period?
80.95 How does an agency receive Federal
grant funds?
80.96 May an agency use Federal funds
without using match?
80.97 May an agency barter goods or
services to carry out a grant - funded
project?
80.98 How must an agency report barter
transactions?
80.99 Are symbols available to identify
projects?
80.100 Does an agency have to display one
of the symbols in this part on a
completed project?
Subpart I- Program Income
80.120 What is program income?
80.121 May an agency earn program
income?
80.122 May an agency deduct the costs of
generating program income from gross
income?
80.123 How may an agency use program
income?
80.124 How may an agency use
unexpended program income?
80.125 How must an agency treat income
that it earns after the grant period?
80.126 How must an agency treat income
earned by a subgrantee after the grant
period?
Subpart J -Real Property
80.130 Does an agency have to hold title to
real property acquired under a grant?
80.131 Does an agency have to hold an
easement acquired under a grant?
80.132 Does an agency have to control the
land or water where it completes capital
improvements?
80.133 Does an agency have to maintain
acquired or completed capital
improvements?
80.134 How must an agency use real
property?
80.135 What if an agency allows a use of
real property that interferes with its
authorized purpose?
80.136 Is it a diversion if an agency does
not use grant- acquired real property for
its authorized purpose?
80.137 What if real property is no longer
useful or needed for its original purpose?
Subpart K- Revisions and Appeals
80.150 How does an agency ask for revision
of a grant?
80.151 May an agency appeal a decision?
Subpart L- Information Collection
80.160 What are the information collection
requirements of this part?
Authority: 16 U.S.C. 669 -669k; 16 U.S.C.
777 -777n, except 777e -1 and g -1.
Subpart A- General
§80.1 What does this part do?
This part of the Code of Federal
Regulations tells States how they may:
(a) Use revenues derived from State
hunting and fishing licenses in
compliance with the Acts.
(b) Receive annual apportionments
from the Federal Aid to Wildlife
Restoration Fund (16 U.S.C. 669(b)), if
authorized, and the Sport Fish
Restoration and Boating Trust Fund (26
U.S.0 9504).
(c) Receive financial assistance from
the Wildlife Restoration program, the
Basic Hunter Education and Safety
subprogram, and the Enhanced Hunter
Education and Safety grant program, if
authorized.
(d) Receive financial assistance from
the Sport Fish Restoration program, the
Recreational Boating Access
subprogram, the Aquatic Resources
Education subprogram, and the
Outreach and Communications
subprogram.
(e) Comply with the requirements of
the Acts.
§80.2 What terms do 1 need to know?
The terms in this section pertain only
to the regulations in this part.
Acts means the Pittman - Robertson
Wildlife Restoration Act of September 2,
1937, as amended (16 U.S.C. 669- 669k),
and the Dingell - Johnson Sport Fish
Restoration Act of August 9, 1950, as
amended (16 U.S.C. 777 -777n, except
777e -1 and g -1).
Agency means a State fish and
wildlife agency.
Angler means a person who fishes for
sport fish for recreational purposes as
permitted by State law.
Capital improvement. (1) Capital
improvement means:
(i) A structure that costs at least
$10,000 to build; or
(ii) The alteration, renovation, or
repair of a structure if it increases the
structure's useful life or its market value
by at least $10,000.
(2) An agency may use its own
definition of capital improvement if its
definition includes all capital
improvements as defined here.
Comprehensive management system
is a State fish and wildlife agency's
method of operations that links
programs, financial systems, human
resources, goals, products, and services.
It assesses the current, projected, and
46158 Federal Register/Vol. 76, No. 147/Monday, Au gust 1, 2011/Rules and Regulations
desired status of fish and wildlife; it
develops a strategic plan and carries it
out through an operational planning
process; and it evaluates results. The
planning period is at least 5 years using
a minimum 15 -year projection of the
desires and needs of the State's citizens.
A comprehensive- management- system
grant funds all or part of a State's
comprehensive management system.
Construction means the act of
building or significantly renovating,
altering, or repairing a structure.
Acquiring, clearing, and reshaping land
and demolishing structures are types or
phases of construction. Examples of
structures are buildings, roads, parking
lots, utility lines, fences, piers, wells,
pump stations, ditches, dams, dikes,
water - control structures, fish- hatchery
raceways, and shooting ranges.
Director means:
(1) The person whom the Secretary:
(i) Appointed as the chief executive
official of the U.S. Fish and Wildlife
Service, and
(ii) Delegated authority to administer
the Acts nationally; or
(2) A deputy or another person
authorized temporarily to administer
the Acts nationally.
Diversion means any use of revenue
from hunting and fishing licenses for a
purpose other than administration of the
State fish and wildlife agency.
Fee interest means the right to
possession, use, and enjoyment of a
parcel of land or water for an indefinite
period. A fee interest, as used in this
part, may be the:
(1) Fee simple, which includes all
possible interests or rights that a person
can hold in a parcel of land or water; or
(2) Fee with exceptions to title, which
excludes one or more real property
interests that would otherwise be part of
the fee simple.
Grant means an award of money, the
principal purpose of which is to transfer
funds or property from a Federal agency
to a grantee to support or stimulate an
authorized public purpose under the
Acts. This part uses the term grant for
both a grant and a cooperative
agreement for convenience of reference.
This use does not affect the legal
distinction between the two
instruments. The meaning of grant in
the terms grant funds, grant funded,
under a grant,. and under the grant
includes the matching cash and any
matching in -kind contributions in
addition to the Federal award of money.
Grantee means the State fish and
wildlife agency that applies for the grant
and carries out grant - funded activities
in programs authorized by the Acts. The
State fish and wildlife agency acts on
behalf of the State government, which is
the legal entity and is accountable for
the use of Federal funds, matching
funds, and matching in -kind
contributions.
Lease means an agreement in which
the owner of a fee interest transfers to
a lessee the right of exclusive possession
and use of an area of land or water for
a fixed period, which may be renewable.
The lessor cannot readily revoke the
lease at his or her discretion. The lessee
pays rent periodically or as a single
payment. The lessor must be able to
regain possession of the lessee's interest
(leasehold interest) at the end of the
lease term. An agreement that does not
correspond to this definition'is not a
lease even if it is labeled as one.
Match means the value of any non -
Federal in -kind contributions and the
portion of the costs of a grant- funded
project or projects not borne by the
Federal Government.
Personal property means anything
tangible or intangible that is not real
property.
(1) Tangible personal property
includes:
(i) Objects, such as equipment and
supplies, that are moveable without
substantive damage to the land or any
structure to which they may be
attached;
(ii) Soil, rock, gravel, minerals, gas,
oil, or water after excavation or
extraction from the surface or
subsurface;
(iii) Commodities derived from trees
or other vegetation after harvest or
separation from the land; and
(iv) Annual crops before or after
harvest.
(2) Intangible personal property
includes:
(i) Intellectual property, such as
patents or copyrights;
(ii) Securities, such as bonds and
interest - bearing accounts; and
(iii) Licenses, which are personal
privileges to use an area of land or water
with at least one of the following
attributes:
(A) Are revocable at the landowner's
discretion;
(B) Terminate when the landowner
dies or the area of land or water passes
to another owner; or
(C) Do not transfer a right of exclusive
use and possession of an area of land or
water.
Project means one or more related
undertakings in a project -by- project
grant that are necessary to fulfill a need
or needs, as defined by a State fish and
wildlife agency, consistent with the
purposes of the appropriate Act. For
convenience of reference in this part,
the meaning of project includes an
agency's fish and wildlife program
under a comprehensive management
system grant.
Project -by- project grant means an
award of money based on a detailed
statement of a project or projects and
other supporting documentation.
Real property means one, several, or
all interests, benefits, and rights
inherent in the ownership of a parcel of
land or water. Examples of real property
include fee and leasehold interests,
conservation easements, and mineral
rights.
(1) A parcel includes (unless limited
by its legal description) the air space
above the parcel, the ground below it,
and anything physically and firmly
attached to it by a natural process or
human action. Examples include
standing timber, other vegetation
(except annual crops), buildings, roads,
fences, and other structures.
(2) A parcel may also have rights
attached to it by a legally prescribed
procedure. Examples include water
rights or an access easement that allows
the parcel's owner to travel across an
adjacent parcel.
(3) The legal classification of an
interest, benefit, or right depends on its
attributes rather than the name assigned
to it. For example, a grazing "lease" is
often a type of personal property known
as a license, which is described in the
definition of personal property in this
section.
Regional Director means the person
appointed by the Director to be the chief
executive official of one of the Service's
geographic Regions, or a deputy or
another person temporarily authorized
to exercise the authority of the chief
executive official of one of the Service's
geographic Regions. This person's
responsibility does not extend to any
administrative units that the Service's
Washington Office supervises directly
in that geographic Region.
Secretary means the person appointed
by the President to direct the operation
of the Department of the Interior, or a
deputy or another person who is
temporarily authorized to direct the
operation of the Department.
Service means the U.S. Fish and
Wildlife Service.
Sport fish means aquatic, gill -
breathing, vertebrate animals with
paired fins, having material value for
recreation in the marine and fresh
waters of the United States.
State means any State of the United
States, the Commonwealths of Puerto
Rico and the Northern Mariana Islands,
and the territories of Guam, the U.S.
Virgin Islands, and American Samoa.
State also includes the District of
Columbia for purposes of the Dingell -
Johnson Sport Fish Restoration Act, the
F ederal Register/Vol. 7 N 147 August 1, 2011/Rules and Regulations 46159
Sport Fish Restoration program, and its
subprograms. State does not include the
District of Columbia for purposes of the
Pittman - Robertson Wildlife Restoration
Act and the programs and subprogram
under the Act because the Pittman -
Robertson Wildlife Restoration Act does
not authorize funding for the District.
References to "the 50 States" apply only
to the 50 States of the United States and
do not include the Commonwealths of
Puerto Rico and the Northern Mariana
Islands, the District of Columbia, or the
territories of Guam, the U.S. Virgin
Islands, and American Samoa.
State fish and wildlife agency means
the administrative unit designated by
State law or regulation to carry out State
laws for management of fish and
wildlife resources. If an agency has
other jurisdictional responsibilities, the
agency is considered the State fish and
wildlife agency only when exercising
responsibilities specific to management
of the State's fish and wildlife resources.
Subaccount means a record of
financial transactions for groups of
similar activities based on programs and
subprograms. Each group has a unique
number. Different subaccounts also
distinguish between benefits to marine
or freshwater fisheries in the programs
and subprograms authorized by the
Dingell - Johnson Sport Fish Restoration
Act.
Useful life means the period during
which a federally funded capital
improvement is capable of fulfilling its
intended purpose with adequate routine
maintenance.
Wildlife means the indigenous or
naturalized species of birds or mammals
that are either:
(1) Wild and free - ranging;
(2) Held in a captive breeding
program established to reintroduce
individuals of a depleted indigenous
species into previously occupied range;
or
(3) Under the jurisdiction of a State
fish and wildlife agency.
Subpart B —State Fish and Wildlife
Agency Eligibility
§80.10 Who is eligible to receive the
benefits of the Acts?
States acting through their fish and
wildlife agencies are eligible for benefits
of the Acts only if they pass and
maintain legislation that:
(a) Assents to the provisions of the
Acts;
(b) Ensures the conservation of fish
and wildlife; and
(c) Requires that revenue from
hunting and fishing licenses be:
(1) Controlled only by the State fish
and wildlife agency; and
(2) Used only for administration of the
State fish and wildlife agency, which
includes only the functions required to
manage the agency and the fish- and
wildlife - related resources for which the
agency has authority under State law.
§80.11 How does a State become
ineligible to receive the benefits of the
Acts?
A State becomes ineligible to receive
the benefits of the Acts if it:
(a) Fails materially to comply with
any law, regulation, or term of a grant
as it relates to acceptance and use of
funds under the Acts;
(b) Does not have legislation required
at § 80.10 or passes legislation contrary
to the Acts; or
(c) Diverts hunting and fishing license
revenue from:
(1) The control of the State fish and
wildlife agency; or
(2) Purposes other than the agency's
administration.
§80.12 Does an agency have to confirm
that it wants to receive an annual
apportionment of funds?
No. However, if a State fish and
wildlife agency does not want to receive
the annual apportionment of funds, it
must notify the Service in writing
within 60 days after receiving a
preliminary certificate of
apportionment.
Subpart C— License Revenue
§80.20 What does revenue from hunting
and fishing licenses include?
Hunting and fishing license revenue
includes:
(a) All proceeds from State - issued
general or special hunting and fishing
licenses, permits, stamps, tags, access
and use fees, and other State charges to
hunt or fish for recreational purposes.
Revenue from licenses sold by vendors
is net income to the State after
deducting reasonable sales fees or
similar amounts retained by vendors.
(b) Real or personal property acquired
with license revenue.
(c) Income from the sale, lease, or
rental of, granting rights to, or a fee for
access to real or personal property
acquired or constructed with license
revenue.
(d) Income from the sale, lease, or
rental of, granting rights to, or a fee for
access to a recreational opportunity,
product, or commodity derived from
real or personal property acquired,
managed, maintained, or produced by
using license revenue.
(e) Interest, dividends, or other
income earned on license revenue.
(f) Reimbursements for expenditures
originally paid with license revenue.
(g) Payments received for services
funded by license revenue.
§80.21 What if a State diverts license
revenue from the control of its fish and
wildlife agency?
The Director may declare a State to be
in diversion if it violates the
requirements of § 80.10 by diverting
license revenue from the control of its
fish and wildlife agency to purposes
other than the agency's administration.
The State is then ineligible to receive
benefits under the relevant Act from the
date the Director signs the declaration
until the State resolves the diversion.
Only the Director may declare a State to
be in diversion, and only the Director
may rescind the declaration.
§80.22 What must a State do to resolve a
declaration of diversion?
The State must complete the actions
in paragraphs (a) through (e) of this
section to resolve a declaration of
diversion. The State must use a source
of funds other than license revenue to
fund the replacement of license
revenue.
(a) If necessary, the State must enact
adequate legislative prohibitions to
prevent diversions of license revenue.
(b) The State fish and wildlife agency
must replace all diverted cash derived
from license revenue and the interest
lost up to the date of repayment. It must
enter into State records the receipt of
this cash and interest.
(c) The agency must receive either the
revenue earned from diverted property
during the period of diversion or the
current market rental rate of any
diverted property, whichever is greater.
(d) The agency must take one of the
following actions to resolve a diversion
of real, personal, or intellectual
property:
(1) Regain management control of the
property, which must be in about the
same condition as before diversion;
(2) Receive replacement property that
meets the criteria in paragraph (e) of this
section; or
(3) Receive a cash amount at least
equal to the current market value of the
diverted property only if the Director
agrees that the actions described in
paragraphs (d)(1) and (d)(2) of this
section are impractical.
(e) To be acceptable under paragraph
(d)(2) of this section:
(1) Replacement property must have
both:
(i) Market value that at least equals
the current market value of the diverted
property; and
(ii) Fish or wildlife benefits that at
least equal those of the property
diverted.
46160 Federal Register/V 76, No. 147/Monday, August 1, 2011/Rules and Reg ulati o n s
(2) The Director must agree that the
replacement property meets the
requirements of paragraph (e)(1) of this
section.
§80.23 Does a declaration of diversion
affect a previous Federal obligation of
funds?
No. Federal funds obligated before the
date that the Director declares a
diversion remain available for
expenditure without regard to the
intervening period of the State's
ineligibility. See § 80.91 for when a
Federal obligation occurs.
Subpart D— Certification of License
Holders
§80.30 Why must an agency certify the
number of paid license holders?
A State fish and wildlife agency must
certify the number of people having
paid licenses to hunt and paid licenses
to fish because the Service uses these
data in statutory formulas to apportion
funds in the Wildlife Restoration and
Sport Fish Restoration programs among
the States.
§80.31 How does an agency certify the
number of paid license holders?
(a) A State fish and wildlife agency
certifies the number of paid license
holders by responding to the Director's
annual request for the following
information:
(1) The number of people who have
paid licenses to hunt in the State during
the State - specified certification period
(certification period); and
(2) The number of people who have
paid licenses to fish in the State during
the certification period.
(b) The agency director or his or her
designee:
(1) Must certify the information at
paragraph (a) of this section in the
format that the Director specifies;
(2) Must provide documentation to
support the accuracy of this information
at the Director's request;
(3) Is responsible for eliminating
multiple counting of the same
individuals in the information that he or
she certifies; and
(4) May use statistical sampling,
automated record consolidation, or
other techniques approved by the
Director for this purpose.
(c) If an agency director uses
statistical sampling to eliminate
multiple counting of the same
individuals, he or she must ensure that
the sampling is complete by the earlier
of the following:
(1) Five years after the last statistical
sample; or
(2) Before completing the first
certification following any change in the
licensing system that could affect the
number of license holders.
§80.32 What is the certification period?
A certification period must:
(a) Be 12 consecutive months;
(b) Correspond to the State's fiscal
year or license year;
(c) Be consistent from year to year
unless the Director approves a change;
and
(d) End at least 1 year and no more
than 2 years before the beginning of the
Federal fiscal year in which the
apportioned funds first become
available for expenditure.
§80.33 How does an agency decide who
to count as paid license holders in the
annual certification?
(a) A State fish and wildlife agency
must count only those people who have
a license issued:
(1) In the license holder's name; or
(2) With a unique identifier that is
traceable to the license holder, who
must be verifiable in State records.
(b) An agency must follow the rules
in this table in deciding how to count
license holders in the annual
certification:
Type of license holder I How to count each license holder
(1) A person who has either a paid hunting license or a paid
Once.
sportfishing license even if the person is not required to have a paid
license or is unable to hunt or fish.
(2) A person who has more than one paid hunting license because the
Once.
person either voluntarily obtained them or was required to have more
than one license.
(3) A person who has more than one paid sportfishing license because
Once.
the person either voluntarily obtained them or was required to have
more than one license.
(4) A person who has a paid single -year hunting license or a paid sin-
Once in the certification period in which the license first becomes valid.
gle -year sportfishing license for which the agency receives at least
$1 of net revenue. (Single -year licenses are valid for any length of
time less than 2 years.)
(5) A person who has a paid multiyear hunting license or a paid
Once in each certification period in which the license is valid.
multiyear sportfishing license for which the agency receives at least
$1 of net revenue for each year in which the license is valid.
(Multiyear licenses must also meet the requirements at § 80.35.)
(6) A person holding a paid single -year combination license permitting
Twice in the first certification period in which the license is valid: once
both hunting and sportfishing for which the agency receives at least
as a person who has a paid hunting license, and once as a person
$2 of net revenue.
who has a paid sportfishing license.
(7) A person holding a paid multiyear combination license permitting
Twice in each certification period in which the license is valid; once as
both hunting and sportfishing for which the agency receives at least
a person who has a paid hunting license, and once as a person who
$2 of net revenue for each year in which the license is valid.
has a paid sportfishing license.
(Multiyear licenses must also meet the requirements in §80.35.)
(8) A person who has a license that allows the license holder only to
Cannot be counted.
trap animals or only to engage in commercial fishing or other com-
mercial activities.
§80.34 How does an agency calculate net costs of issuing the license from the and the costs of printing and
revenue from a license? revenue generated by the license. distribution.
The State fish and wildlife agency Examples of costs of issuing licenses are
must calculate net revenue from a vendors' fees, automated license- system
license by subtracting the per - license costs, licensing -unit personnel costs,
Federal Register/Vol. 7 No. 147/Monday, August 1, 2011/ a n d R 46161
§80.35 What additional requirements
apply to multiyear licenses?
The following additional
requirements apply to multiyear
licenses:
(a) A multiyear license may be valid
for either a specific or indeterminate
number of years, but it must be valid for
at least 2 years.
(b) The agency must receive net
revenue from a multiyear license that is
in close approximation to the net
revenue received for a single -year
license providing similar privileges:
(1) Each year during the license
period; or
(2) At the time of sale as if it were a
single - payment annuity, which is an
investment of the license fee that results
in the agency receiving at least the
minimum required net revenue for each
year of the license period.
(c) An agency may spend a multiyear
license fee as soon as the agency
receives it as long as the fee provides
the minimum required net revenue for
the license period.
(d) The agency must count only the
licenses that meet the minimum
required net revenue for the license
period based on:
(1) The duration of the license in the
case of a multiyear license with a
specified ending date; or
(2) Whether the license holder
remains alive.
(e) The agency must obtain the
Director's approval of its proposed
technique to decide how many
multiyear- license holders remain alive
in the certification period. Some
examples of techniques are statistical
sampling, life- expectancy tables, and
mortality tables.
§80.36 Mayan agency count license
holders in the annual certification if the
agency receives funds from the State to
cover their license fees?
If a State fish and wildlife agency
receives funds from the State to cover
fees for some license holders, the agency
may count those license holders in the
annual certification only under the
following conditions:
(a) The State funds to cover license
fees must come from a source other than
hunting- and fishing - license revenue.
(b) The State must identify funds to'
cover license fees separately from other
funds provided to the agency.
(c) The agency must receive at least
the average amount of State - provided
discretionary funds that it received for
the administration of the State's fish and
wildlife agency during the State's five
previous fiscal years.
(1) State - provided discretionary funds
are those from the State's general fund
that the State may increase or decrease
if it chooses to do so.
(2) Some State - provided funds are
from special taxes, trust funds, gifts,
bequests, or other sources specifically
dedicated to the support of the State fish
and wildlife agency. These funds
typically fluctuate annually due to
interest rates, sales, or other factors.
They are not discretionary funds for
purposes of this part as long as the State
does not take any action to reduce the
amount available to its fish and wildlife
agency.
(d) The agency must receive State
funds that are at least equal to the fees
charged for the single -year license
providing similar privileges. If the State
does not have a single -year license
providing similar privileges, the
Director must approve the fee paid by
the State for those license holders.
(e) The agency must receive and
account for the State funds as license
revenue.
(f) The agency must issue licenses in
the license holder's name or by using a
unique identifier that is traceable to the
license holder, who must be verifiable
in State records.
(g) The license fees must meet all
other requirements of 50 CFR 80.
§ 80.37 What must an agency do if it
becomes aware of errors in its certified
license data?
A State fish and wildlife agency must
submit revised certified data on paid
license holders within g0 days after it
becomes aware of errors in its certified
data. The State may become ineligible to
participate in the benefits of the relevant
Act if it becomes aware of errors in its
certified data and does not resubmit
accurate certified data within 90 days.
§80.38 May the Service recalculate an
apportionment if an agency submits revised
data?
The Service may recalculate an
apportionment of funds based on
revised certified license data under the
following conditions:
(a) If the Service receives revised
certified data for a pending
apportionment before the Director
approves the final apportionment, the
Service may recalculate the pending
apportionment.
(b) If the Service receives revised
certified data for an apportionment after
the Director has approved the final
version of that apportionment, the
Service may recalculate the final
apportionment only if it would not
reduce funds to other State fish and
wildlife agencies.
§80.39 May the Director correct a Service
error in apportioning funds?
Yes. The Director may correct any
error that the Service makes in
apportioning funds.
Subpart E— Eligible Activities
§80.50 What activities are eligible for
funding under the Pittman - Robertson
Wildlife Restoration Act?
The following activities are eligible
for funding under the Pittman-
Robertson Wildlife Restoration Act:
(a) Wildlife Restoration program.
(1) Restore and manage wildlife for
the benefit of the public.
(2) Conduct research on the problems
of managing wildlife and its habitat if
necessary to administer wildlife
resources efficiently.
(3) Obtain data to guide and direct the
regulation of hunting.
(4) Acquire real property suitable or
capable of being made suitable for:
(i) Wildlife habitat; or
(ii) Public access for hunting or other
wildlife - oriented recreation.
(5) Restore, rehabilitate, improve, or
manage areas of lands or waters as
wildlife habitat.
(6) Build structures or acquire
equipment, goods, and services to:
(i) Restore, rehabilitate, or improve
lands or waters as wildlife habitat; or
(ii) Provide public access for hunting
or other wildlife- oriented recreation.
(7) Operate or maintain:
(i) Projects that the State fish and
wildlife agency completed under the
Pittman - Robertson Wildlife Restoration
Act; or
(ii) Facilities that the agency acquired
or constructed with funds other than
those authorized under the Pittman -
Robertson Wildlife Restoration Act if
these facilities are necessary to carry out
activities authorized by the Pittman -
Robertson Wildlife Restoration Act.
(8) Coordinate grants in the Wildlife
Restoration program and related
programs and subprograms.
(b) Wildlife Restoration —Basic Hunter
Education and Safety subprogram.
(1) Teach the skills, knowledge, and
attitudes necessary to be a responsible
hunter.
(2) Construct, operate, or maintain
firearm and archery ranges for public
use.
(c) Enhanced Hunter Education and
Safety program.
(1) Enhance programs for hunter
education, hunter development, and
firearm and archery safety. Hunter -
development programs introduce
individuals to and recruit them to take
part in hunting, bow hunting, target
shooting, or archery.
46162 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
(2) Enhance interstate coordination of
hunter - education and firearm- and
archery -range programs.
(3) Enhance programs for education,
safety, or development of bow hunters,
archers, and shooters.
(4) Enhance construction and
development of firearm and archery
ranges.
(5) Update safety features of firearm
and archery ranges.
§80.51 What activities are eligible for
funding under the Dingell- Johnson Sport
Fish Restoration Act?
The following activities are eligible
for funding under the Dingell - Johnson
Sport Fish Restoration Act:
(a) Sport Fish Restoration program.
(1) Restore and manage sport fish for
the benefit of the public.
(2) Conduct research on the problems
of managing fish and their habitat and
the problems of fish culture if necessary
to administer sport fish resources
efficiently.
(3) Obtain data to guide and direct the
regulation of fishing. These data may be
on:
(i) Size and geographic range of sport
fish populations;
(ii) Changes in sport fish populations
due to fishing, other human activities,
or natural causes; and
(iii) Effects of any measures or
regulations applied.
(4) Develop and adopt plans to restock
sport fish and forage fish in the natural
areas or districts covered by the plans;
and obtain data to develop, carry out,
and test the effectiveness of the plans.
(5) Stock fish for recreational
purposes.
(6) Acquire real property suitable or
capable of being made suitable for:
(i) Sport fish habitat or as a buffer to
protect that habitat; or
(ii) Public access for sport fishing.
Closures to sport fishing must be based
on the recommendations of the State
fish and wildlife agency for fish and
wildlife management purposes.
(7) Restore, rehabilitate, improve, or
manage:
(i) Aquatic areas adaptable for sport
fish habitat; or
(ii) Land adaptable as a buffer to
protect sport fish habitat.
(8) Build structures or acquire
equipment, goods, and services to:
(i) Restore, rehabilitate, or improve
aquatic habitat for sport fish, or land as
a buffer to protect aquatic habitat for
sport fish; or
(ii) Provide public access for sport
fishing.
(9) Construct, renovate, operate, or
maintain pumpout and dump stations.
A pumpout station is a facility that
pumps or receives sewage from a type
III marine sanitation device that the U.S.
Coast Guard requires on some vessels. A
dump station, also referred to as a
"waste reception facility," is
specifically designed to receive waste
from portable toilets on vessels.
(10) Operate or maintain:
(i) Projects that the State fish and
wildlife agency completed under the
Dingell - Johnson Sport Fish Restoration
Act; or
(ii) Facilities that the agency acquired
or constructed with funds other than
those authorized by the Dingell - Johnson
Sport Fish Restoration Act if these
facilities are necessary to carry out
activities authorized by the Act.
(11) Coordinate grants in the Sport
Fish Restoration program and related
programs and subprograms.
(b) Sport Fish Restoration —
Recreational Boating Access
subprogram.
(1) Acquire land for new facilities,
build new facilities, or acquire,
renovate, or improve existing facilities
to create or improve public access to the
waters of the United States or improve
the suitability of these waters for
recreational boating. A broad range of
access facilities and associated
amenities can qualify for funding, but
they must provide benefits to
recreational boaters. "Facilities"
includes auxiliary structures necessary
to ensure safe use of recreational boating
access facilities.
(2) Conduct surveys to determine the
adequacy, number, location, and quality
of facilities providing access to
recreational waters for all sizes of
recreational boats.
(c) Sport Fish Restoration — Aquatic
Resource Education subprogram.
Enhance the public's understanding of
water resources, aquatic life forms, and
sport fishing, and develop responsible
attitudes and ethics toward the aquatic
environment.
(d) Sport Fish Restoration — Outreach
and Communications subprogram.
(1) Improve communications with
anglers, boaters, and the general public
on sport fishing and boating
op ortunities.
Increase participation in sport
fishing and boating.
(3) Advance the adoption of sound
fishing and boating practices including
safety.
(4) Promote conservation and
responsible use of the aquatic resources
of the United States.
§80.52 Mayan activity be eligible for
funding if it is not explicitly eligible in this
part?
An activity may be eligible for
funding even if this part does not
explicitly designate it as an eligible
activity if:
(a) The State fish and wildlife agency
justifies in the project statement how
the activity will help carry out the
purposes of the Pittman - Robertson
Wildlife Restoration Act or the Dingell -
Johnson Sport Fish Restoration Act; and
(b) The Regional Director concurs
with the justification.
§ 80.53 Are costs of State central services
eligible for funding?
Administrative costs in the form of
overhead or indirect costs for State
central services outside of the State fish
and wildlife agency are eligible for
funding under the Acts and must follow
an approved cost allocation plan. These
expenses must not exceed 3 percent of
the funds apportioned annually to the
State under the Acts.
§80.54 What activities are ineligible for
funding?
The following activities are ineligible
for funding under the Acts, except when
necessary to carry out project purposes
approved by the Regional Director:
(a) Law enforcement activities.
(b) Public relations activities to
promote the State fish and wildlife
agency, other State administrative units,
or the State.
(c) Activities conducted for the
primary purpose of producing income.
(d) Activities, projects, or programs
that promote or encourage opposition to
the regulated taking of fish, hunting, or
the trapping of wildlife.
§80.55 Mayan agency receive a grant to
carry out part of a larger project?
A State fish and wildlife agency may
receive a grant to carry out part of a
larger project that uses funds unrelated
to the grant. The grant - funded part of
the larger project must:
(a) Result in an identifiable outcome
consistent with the purposes of the
grant program;
(b) Be substantial in character and
design;
(c) Meet the requirements of §§ 80.130
through 80.136 for any real property
acquired under the grant and any capital
improvements completed under the
grant; and
(d) Meet all other requirements of the
grant program.
§80.56 How does a proposed project
qualify as substantial in character and
design?
A proposed project qualifies as
substantial in character and design if it:
(a) Describes a need consistent with
the Acts;
(b) States a purpose and sets
objectives, both of which are based on
the need;
Federal Register/Vol. 76, No. 147/ Monday, August 1, 2011/Rules and Regulations 46163
(c) Uses a planned approach,
appropriate procedures, and accepted
principles of fish and wildlife
conservation and management, research,
or education; and
(d) Is cost effective.
Subpart F— Allocation of Funds by an
Agency
§80.60 What is the relationship between
the Basic Hunter Education and Safety
subprogram and the Enhanced Hunter
Education and Safety program?
The relationship between the Basic
Hunter Education and Safety
subprogram (Basic Hunter Education)
and the Enhanced Hunter Education
and Safety program (Enhanced Hunter
Education) is as follows:
Basic Hunter Education funds I Enhanced Hunter Education funds
(a) Which activities are eligible for funding? ...... I Those listed at § 80.50(a) and (b) ..................
(b) How long are funds available for obligation?
(c) What if funds are not fully obligated during
the period of availability?
Two Federal fiscal years ... ...............................
The Service may use unobligated funds to
carry out the Migratory Bird Conservation
Act (16 U.S.C. 715 et seq.).
(d) What if funds are fully obligated during the
period of availability?
If Basic Hunter Education funds are fully obli-
gated for activities listed at 80.50(b), the
agency may use that fiscal year's En-
hanced Hunter Education funds for eligible
activities related to Basic Hunter Education,
Enhanced Hunter Education, or the Wildlife
Restoration program.
§80.61 What requirements apply to funds
for the Recreational Boating Access
subprogram?
The requirements of this section
apply to allocating and obligating funds
for the Recreational Boating Access
subprogram.
(a) A State fish and wildlife agency
must allocate funds from each annual
apportionment under the Dingell -
Johnson Sport Fish Restoration Act for
use in the subprogram.
(b) Over each 5 -year period, the total
allocation for the subprogram in each of
the Service's geographic regions must
average at least 15 percent of the Sport
Fish Restoration funds apportioned to
the States in that Region. As long as this
requirement is met, an individual State
agency may allocate more or less than
15 percent of its annual apportionment
in a single Federal fiscal year with the
Regional Director's approval.
(c) The Regional Director calculates
Regional allocation averages for separate
5 -year periods that coincide with
Federal fiscal years 2008 -2012, 2013-
2017, 2018 -2022, and each subsequent
5 -year period.
(d) If the total Regional allocation for
a 5 -year period is less than 15 percent,
the State agencies may, in a
memorandum of understanding, agree
among themselves which of them will
make the additional allocations to
eliminate the Regional shortfall.
(e) This paragraph applies if State fish
and wildlife agencies do not agree on
which of them will make additional
allocations to bring the average Regional
allocation to at least 15 percent over a
5 -year period. If the agencies do not
agree:
(1) The Regional Director may require
States in the Region to make changes
needed to achieve the minimum 15-
percent Regional average before the end
of the fifth year; and
(2) The Regional Director must not
require a State to increase or decrease its
allocation if the State has allocated at
least 15 percent over the 5 -year period.
(f) A Federal obligation of these
allocated funds must occur by the end
of the fourth consecutive Federal fiscal
year after the Federal fiscal year in
which the funds first became available
for allocation.
(g) If the agency's application to use
these funds has not led to a Federal
obligation by that time, these allocated
funds become available for
reapportionment among the State fish
and wildlife agencies for the following
fiscal year.
§ 80.62 What limitations apply to spending
on the Aquatic Resource Education and the
Outreach and Communications
subprograms?
The limitations in this section apply
to State fish and wildlife agency
spending on the Aquatic Resource
Education and Outreach and
Communications subprograms.
(a) Each State's fish and wildlife
agency may spend a maximum of 15
percent of the annual amount
apportioned to the State from the Sport
Fish Restoration and Boating Trust
Those listed at 80.50(c), but see 80.60(d)
under Basic Hunter Education funds.
One Federal fiscal year.
The Service reapportions unobligated funds to
eligible States as Wildlife Restoration funds
for the following fiscal year. States are eligi-
ble to receive funds only if their Basic Hun-
ter Education funds were fully obligated in
the preceding fiscal year for activities at
§ 80.50(b).
No special provisions apply.
Fund for activities in both subprograms.
The 15- percent maximum applies to
both subprograms as if they were one.
(b) The 15- percent maximum for the
subprograms does not apply to the
Commonwealths of Puerto Rico and the
Northern Mariana Islands, the District of
Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American
Samoa. These jurisdictions may spend
more than 15 percent of their annual
apportionments for both subprograms
with the approval of the Regional
Director.
§80.63 Does an agency have to allocate
costs in multipurpose projects and
facilities?
Yes. A State fish and wildlife agency
must allocate costs in multipurpose
projects and facilities. A grant - funded
project or facility is multipurpose if it
carries out the purposes of:
(a) A single grant program under the
Acts; and
(b) Another grant program under the
Acts, a grant program not under the
Acts, or an activity unrelated to grants.
P80.64 How does an agency allocate costs
in multipurpose projects and facilities?
A State fish and wildlife agency must
allocate costs in multipurpose projects
based on the uses or benefits for each
purpose that will result from the
completed project or facility. The
agency must describe the method used
to allocate costs in multipurpose
projects or facilities in the project
46164 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
statement included in the grant
application.
§80.65 Does an agency have to allocate
funds between marine and freshwater
fisheries projects?
Yes. Each coastal State's fish and
wildlife agency must equitably allocate
the funds apportioned under the
Dingell - Johnson Sport Fish Restoration
Act between projects with benefits for
marine fisheries and projects with
benefits for freshwater fisheries.
(a) The subprograms authorized by
the Dingell - Johnson Sport Fish
Restoration Act do not have to allocate
funding in the same manner as long as
the State fish and wildlife agency
equitably allocates Dingell - Johnson
Sport Fish Restoration funds as a whole
between marine and freshwater
fisheries.
(b) The coastal States for purposes of
this allocation are:
(1) Alabama, Alaska, California,
Connecticut, Delaware, Florida, Georgia,
Hawaii, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New
Hampshire, New Jersey, New York,
North Carolina, Oregon, Rhode Island,
South Carolina, Texas, Virginia, and
Washington;
(2) The Commonwealths of Puerto
Rico and the Northern Mariana Islands;
and
(3) The territories of Guam, the U.S.
Virgin Islands, and American Samoa.
§80.66 What requirements apply to
allocation of funds between marine and
freshwater fisheries projects?
The requirements of this section
apply to allocation of funds between
marine and freshwater fisheries projects.
(a) When a State fish and wildlife
agency allocates and obligates funds it
must meet the following requirements:
(1) The ratio of total funds obligated
for marine fisheries projects to total
funds obligated for marine and
freshwater fisheries projects combined
must equal the ratio of resident marine
anglers to the total number of resident
anglers in the State; and
(2) The ratio of total funds obligated
for freshwater fisheries projects to total
funds obligated for marine and
freshwater fisheries projects combined
must equal the ratio of resident
freshwater anglers to the total number of
resident anglers in the State.
(b) A resident angler is one who fishes
for recreational purposes in the same
State where he or she maintains legal
residence.
(c) Agencies must determine the
relative distribution of resident anglers
in the State between those that fish in
marine environments and those that fish
in freshwater environments. Agencies
must use the National Survey of
Fishing, Hunting, and Wildlife -
associated Recreation or another
statistically reliable survey or technique
approved by the Regional Director for
this purpose.
(d) If an agency uses statistical
sampling to determine the relative
distribution of resident anglers in the
State between those that fish in marine
environments and those that fish in
freshwater environments, the sampling
must be complete by the earlier of the
following:
(1) Five years after the last statistical
sample; or
(2) Before completing the first
certification following any change in the
licensing system that could affect the
number of sportfishing license holders.
(e) The amounts allocated from each
year's apportionment do not necessarily
have to result in an equitable allocation
for each year. However, the amounts
allocated over a variable period, not to
exceed 3 years, must result in an
equitable allocation between marine and
freshwater fisheries projects.
(f) Agencies that fail to allocate funds
equitably between marine and
freshwater fisheries projects may
become ineligible to use Sport Fish
Restoration program funds. These
agencies must remain ineligible until
they demonstrate to the Director that
they have allocated the funds equitably.
§80.67 Mayan agency finance an activity
from more than one annual apportionment?
A State fish and wildlife agency may
use funds from more than one annual
apportionment to finance high -cost
projects, such as construction or
acquisition of lands or interests in
lands, including water rights. An agency
may do this in either of the following
ways:
(a) Finance the entire cost of the
acquisition or construction from a non -
Federal funding source. The Service
will reimburse funds to the agency in
succeeding apportionment years
according to a plan approved by the
Regional Director and subject to the
availability of funds.
(b) Negotiate an installment purchase
or contract in which the agency pays
periodic and specified amounts to the
seller or contractor according to a plan
that schedules either reimbursements or
advances of funds immediately before
need. The Service will reimburse or
advance funds to the agency according
to a plan approved by the Regional
Director and subject to the availability
of funds.
§80.68 What requirements apply to
financing an activity from more than one
annual apportionment?
The following conditions apply to
financing an activity from more than
one annual apportionment:
(a) A State fish and wildlife agency
must agree to complete the project even
if Federal funds are not available. If an
agency does not complete the project, it
must recover any expended Federal
funds that did not result in
commensurate wildlife or sport- fishery
benefits. The agency must then
reallocate the recovered funds to
appproved projects in the same program.
(b) The project statement included
with the application must have a
complete schedule of payments to finish
the project.
(c) Interest and other financing costs
may be allowable subject to the
restrictions in the applicable Federal
Cost Principles.
Subpart G— Application for a Grant
§80.80 How does an agency apply for a
grant?
(a) An agency applies for a grant by
sending the Regional Director:
(1) Completed standard forms that are:
(i) Approved by the Office of
Management and Budget for the grant
application process; and
(ii) Available on the Federal Web site
for electronic grant applications at
http: / /wwrv.grants.gov, and
(2) Information required for a
comprehensive-management-system
grant or a project -by- project grant.
(b) The director of the State fish and
wildlife agency or his or her designee
must sign all standard forms submitted
in the application process.
(c) The agency must send copies of all
standard forms and supporting
information to the State Clearinghouse
or Single Point of Contact before
sending it to the Regional Director if the
State supports this process under
Executive Order 12372,
Intergovernmental Review of Federal
Programs.
§80.81 What must an agency submit when
applying for a comprehensive- management-
system grant?
A State fish and wildlife agency must
submit the following documents when
applying for a comprehensive -
management- system grant:
(a) The standard form for an
application for Federal assistance in a
mandatory grant program.
(b) The standard forms for assurances
for nonconstruction programs and
construction programs as applicable.
Agencies may submit these standard
forms for assurances annually to the
Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46165
Regional Director for use with all
applications for Federal assistance in
the programs and subprograms under
the Acts.
(c) A statement of cost estimates by
subaccount. Agencies may obtain the
subaccount numbers from the Service's
Regional Division of Wildlife and Sport
Fish Restoration.
(d) Supporting documentation
explaining how the proposed work
complies with the Acts, the provisions
of this part, and other applicable laws
and regulations.
(e) A statement of the agency's intent
to carry out and fund part or all of its
comprehensive management system
through a grant.
(f) A description of the agency's
comprehensive management system
including inventory, strategic plan,
operational plan, and evaluation.
"Inventory" refers to the process or
processes that an agency uses to:
(1) Determine actual, projected, and
desired resource and asset status; and
(2) Identify management problems,
issues, needs, and opportunities.
(g) A description of the State fish and
wildlife agency program covered by the
comprehensive management system.
(h) Contact information for the State
fish and wildlife agency employee who
is directly responsible for the integrity
and operation of the comprehensive
management system.
(i) A description of how the public
can take part in decisionmaking for the
comprehensive management system.
§80.82 What must an agency submit when
applying for a project -by- project grant?
A State fish and wildlife agency must
submit the following documents when
applying for a project -by- project grant:
(a) The standard form for an
application for Federal assistance in a
mandatory grant program.
(b) The standard forms for assurances
for nonconstruction programs and
construction programs as applicable.
Agencies may submit these standard
forms for assurances annually to the
Regional Director for use with all
applications for Federal assistance in
the programs and subprograms under
the Acts.
(c) A project statement that describes
each proposed project and provides the
following information:
(1) Need. Explain why the project is
necessary and how it fulfills the
purposes of the relevant Act.
(2) Purpose and Objectives. State the
purpose and objectives, and base them
on the need. The purpose states the
desired outcome of the proposed project
in general or abstract terms. The
objectives state the desired outcome of
the proposed project in terms that are
specific and quantified.
(3) Results or benefits expected.
(4) Approach. Describe the methods
used to achieve the stated objectives.
(5) Useful life. Propose a useful life for
each capital improvement, and
reference the method used to determine
the useful life of a capital improvement
with a value greater than $100,000.
(6) Geographic location.
(7) Principal investigator for research
projects. Record the principal
investigator's name, work address, and
work telephone number.
(8) Program income.
(i) Estimate the amount of program
income that the project is likely to
generate.
(ii) Indicate the method or
combination of methods (deduction,
addition, or matching) of applying
program income to Federal and non -
Federal outlays.
(iii) Request the Regional Director's
approval for the matching method.
Describe how the agency proposes to
use the program income and the
expected results. Describe the essential
need for using program income as
match.
(iv) Indicate whether the agency
wants to treat program income that it
earns after the grant period as license
revenue or additional funding for
purposes consistent with the grant or
program.
(v) Indicate whether the agency wants
to treat program income that the
subgrantee earns as license revenue,
additional funding for the purposes
consistent with the grant or subprogram,
or income subject only to the terms of
the subgrant agreement.
(9) Budget narrative. Provide costs by
project and subaccount with additional
information sufficient to show that the
project is cost effective. Agencies may
obtain the subaccount numbers from the
Service's Regional Division of Wildlife
and Sport Fish Restoration. Describe
any item that requires the Service's
approval and estimate its cost. Examples
are preaward costs and capital
expenditures for land, buildings, and
equipment. Include a schedule of
payments to finish the project if an
agency proposes to use funds from two
or more annual apportionments.
(10) Multipurpose projects. Describe
the method for allocating costs in
multipurpose projects and facilities as
described in §§ 80.63 and 80.64.
(11) Relationship with othergrants.
Describe any relationship between this
project and other work funded by
Federal grants that is planned,
anticipated, or underway.
(12) Timeline. Describe significant
milestones in completing the project
and any accomplishments to date.
(13) General. Provide information in
the project statement that:
(i) Shows that the proposed activities
are eligible for funding and substantial
in character and design; and
(ii) Enables the Service to comply
with the applicable requirements of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 and 4331 - 4347),
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the National
Historic Preservation Act (16 U.S.C.
470s), and other laws, regulations, and
policies.
§80.83 What is the Federal share of
allowable costs?
(a) The Regional Director must
provide at least 10 percent and no more
than 75 percent of the allowable costs of
a grant - funded project to the fish and
wildlife agencies of the 50 States. The
Regional Director generally approves
any Federal share from 10 to 75 percent
as proposed by one of the 50 States if
the:
(1) Funds are available; and
(2) Application is complete and
consistent with laws, regulations, and
policies.
(b) The Regional Director may provide
funds to the District of Columbia to pay
75 to 100 percent of the allowable . costs
of a grant - funded project in a program
or subprogram authorized by the
Dingell - Johnson Sport Fish Restoration
Act. The Regional Director decides on
the specific Federal share between 75
and 100 percent based on what he or
she decides is fair, just, and equitable.
The Regional Director may reduce the
Federal share to less than 75 percent of
allowable project costs only if the
District of Columbia voluntarily
provides match to pay the remaining
allowable costs. However, the Regional
Director must not reduce the Federal
share below 10 percent unless he or she
follows the procedure at paragraph (d)
of this section.
(c) The Regional Director may provide
funds to pay 75 to 100 percent of the
allowable costs of a project funded by a
grant to a fish and wildlife agency of the
Commonwealths of Puerto Rico and the
Northern Mariana Islands and the
territories of Guam, the U.S. Virgin
Islands, and American Samoa. The
Regional Director decides on the
specific Federal share between 75 and
100 percent based on what he or she
decides is fair, just, and equitable. The
Regional Director may reduce the
Federal share to less than 75 percent of
allowable project costs only if the
Commonwealth or territorial fish and
46166 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
wildlife agency voluntarily provides
match to pay the remaining allowable
costs. However, the Regional Director
must not reduce the Federal share below
10 percent unless he or she follows the
procedure at paragraph (d) of this
section. The Federal share of allowable
costs for a grant - funded project for the
Commonwealth of the Northern Mariana
Islands and the territories of Guam, the
U.S. Virgin Islands, and American
Samoa may be affected by the waiver
process described at § 80.84(c).
(d) The Regional Director may waive
the 10- percent minimum Federal share
of allowable costs if the State, District of
Columbia, Commonwealth, or territory
requests a waiver and provides
compelling reasons to justify why it is
necessary for the Federal government to
fund less than 10 percent of the
allowable costs of a project.
§80.84 How does the Service establish the
non - Federal share of allowable costs?
(a) To establish the non - Federal share
of a grant - funded project for the 50
States, the Regional Director approves
an application for Federal assistance in
which the State fish and wildlife agency
proposes the specific non - Federal share
by estimating the Federal and match
dollars, consistent with § 80.83(a).
(b) To establish the non - Federal share
of a grant - funded project for the District
of Columbia and the Commonwealth of
Puerto Rico, the Regional Director:
(1) Decides which percentage is fair,
just, and equitable for the Federal share
consistent with § 80.83(b) through (d);
(2) Subtracts the Federal share
percentage from 100 percent to
determine the percentage of non - Federal
share; and
(3) Applies the percentage of non -
Federal share to the allowable costs of
a grant- funded project to determine the
match requirement.
(c) To establish the non - Federal share
of a grant - funded project for the
Commonwealth of the Northern Mariana
Islands and the territories of Guam, the
U.S. Virgin Islands, and American
Samoa, the Regional Director must first
calculate a preliminary percentage of
non - Federal share in the same manner
as described in paragraph (b) of this
section. Following 48 U.S.C. 1469a, the
Regional Director must then waive the
first $200,000 of match to establish the
final non - Federal match requirement for
a project that includes funding from
only one grant program or subprogram.
If a project includes funds from more
than one grant program or subprogram,
the Regional Director must waive the
first $200,000 of match applied to the
funds for each program and subprogram.
§80.85 What requirements apply to
match?
The requirements that apply to match
include:
(a) Match may be in the form of cash
or in -kind contributions.
(b) Unless authorized by Federal law,
the State fish and wildlife agency or any
other entity must not:
(1) Use as match Federal funds or the
value of an in -kind contribution
acquired with Federal funds; or
(2) Use the cost or value of an in -kind
contribution to satisfy a match
requirement if the cost or value has been
or will be used to satisfy a match
requirement of another Federal grant,
cooperative agreement, or contract.
(c) The agency must fulfill match
requirements at the:
(1) Grant level if the grant has funds
from a single subaccount; or
(2) Subaccount level if the grant has
funds from more than one subaccount.
Subpart H— General Grant
Administration
§ 80.90 What are the grantee's
responsibilities?
A State fish and wildlife agency as a
grantee is responsible for all of the
actions required by this section.
(a) Compliance with all applicable
Federal, State, and local laws and
regulations.
(b) Supervision to ensure that the
work follows the terms of the grant,
including:
(1) Proper and effective use of funds;
(2) Maintenance of records;
(3) Submission of complete and
accurate Federal financial reports and
performance reports by the due dates in
the terms and conditions of the grant;
and
(4) Regular inspection and monitoring
of work in progress.
(c) Selection and supervision of
personnel to ensure that:
(1) Adequate and competent
personnel are available to complete the
grant - funded work on schedule; and
(2) Project personnel meet time
schedules, accomplish the proposed
work, meet objectives, and submit the
required reports.
(d) Settlement of all procurement -
related contractual and administrative
issues.
(e) Giving reasonable access to work
sites and records by employees and
contractual auditors of the Service, the
Department of the Interior, and the
Comptroller General of the United
States.
(1) Access is for the purpose of:
(i) Monitoring progress, conducting
audits, or other reviews of grant- funded
projects; and
(ii) Monitoring the use of license
revenue.
(2) Regulations on the uniform
administrative requirements for grants
awarded by the Department of the
Interior describe the records that are
subject to these access requirements.
(3) The closeout of an award does not
affect the grantee's responsibilities
described in this section.
(f) Control of all assets acquired under
the grant to ensure that they serve the
purpose for which acquired throughout
their useful life.
§80.91 What is a Federal obligation of
funds and how does it occur?
An obligation of funds is a legal
liability to disburse funds immediately
or at a later date as a result of a series
of actions. All of these actions must
occur to obligate funds for the formula -
based grant programs authorized by the
Acts:
(a) The Service sends an annual
certificate of apportionment to a State
fish and wildlife agency, which tells the
agency how much funding is available
according to formulas in the Acts.
(b) The agency sends the Regional
Director an application for Federal
assistance to use the funds available to
it under the Acts and commits to
provide the required match to carry out
projects that are substantial in character
and design.
(c) The Regional Director notifies the
agency that he or she approves the
application for Federal assistance and
states the terms and conditions of the
grant.
(d) The agency accepts the terms and
conditions of the grant in one of the
following ways:
(1) Starts work on the grant - funded
project by placing an order, entering
into a contract, awarding a sub-rant,
receiving goods or services, or otherwise
incurring allowable costs during the
grant period that will require payment
immediately or in the future;
(2) Draws down funds for an
allowable activity under the grant; or
(3) Sends the Regional Director a
letter, fax, or e -mail accepting the terms
and conditions of the grant.
§80.92 How long are funds available for a
Federal obligation?
Funds are available for a Federal
obligation during the fiscal year for
which they are apportioned and until
the close of the following fiscal year
except for funds in the Enhanced
Hunter Education and Safety program
and the Recreational Boating Access
subprogram. See §§ 80.60 and 80.61 for
the length of time that funds are
available in this program and
subprogram.
Fed eral Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46167
§80.93 When may an agency incur costs
under a grant?
A State fish and wildlife agency may
incur costs under a grant from the
effective date of the grant period to the
end of the grant period except for
preaward costs that meet the conditions
in § 80.94.
§80.94 Mayan agency incur costs before
the beginning of the grant period?
(a) A State fish and wildlife agency
may incur costs of a proposed project
before the beginning of the grant period
(preaward costs). However, the agency
has no assurance that it will receive
reimbursement until the Regional
Director awards a grant that
incorporates a project statement
demonstrating that the preaward costs
conform to all of the conditions in
paragraph (b) of this section.
(b) Preaward costs must meet the
following requirements:
(1) The costs are necessary and
reasonable for accomplishing the grant
objectives.
(2) The Regional Director would have
approved the costs if the State fish and
wildlife agency incurred them during
the grant period.
(3) The agency incurs these costs in
anticipation of the grant and in
conformity with the negotiation of the
award with the Regional Director.
(4) The activities associated with the
preaward costs comply with all laws,
regulations, and policies applicable to a
grant - funded project.
(5) The agency must:
(i) Obtain the Regional Director's
concurrence that the Service will be
able to comply with the applicable laws,
regulations, and policies before the
agency starts work on the ground; and
(ii) Provide the Service with all the
information it needs with enough lead
time for it to comply with the applicable
laws, regulations, and policies.
(6) The agency must not complete the
project before the beginning of the grant
period unless the Regional Director
concurs that doing so is necessary to
take advantage of temporary
circumstances favorable to the project or
to meet legal deadlines. An agency
completes a project when it incurs all
costs and finishes all work necessary to
achieve the project objectives.
(c) The agency can receive
reimbursement for preaward costs only
after the beginning of the grant period.
§80.95 How does an agency receive
Federal grant funds?
(a) A State fish and wildlife agency
may receive Federal grant funds through
either:
(1) A request for reimbursement; or
(2) A request for an advance of funds
if the agency maintains or demonstrates
that it will maintain procedures to
minimize time between transfer of funds
and disbursement by the agency or its
subgrantee.
(b) An agency must use the following
procedures to receive a reimbursement
or an advance of funds:
(1) Request funds through an
electronic payment system designated
by the Regional Director; or
(2) Request funds on a standard form
for that purpose only if the agency is
unable to use the electronic payment
system.
(c) The Regional Director will
reimburse or advance funds only to the
office or official designated by the
agency and authorized by State law to
receive public funds for the State.
(d) All payments are subject to final
determination of allowability based on
audit or a Service review. The State fish
and wildlife agency must repay any
overpayment as directed by the Regional
Director.
(e) The Regional Director may
withhold payments pending receipt of
all required reports or documentation
for the project.
§80.96 Mayan agency use Federal funds
without using match?
(a) The State fish and wildlife agency
must not draw down any Federal funds
for a grant - funded project under the
Acts in greater proportion to the use of
match than total Federal funds bear to
total match unless:
(1) The grantee draws down Federal
grant funds to pay for construction,
including land acquisition;
(2) An in -kind contribution of match
is not yet available for delivery to the
grantee or subgrantee; or
(3) The project is not at the point
where.it can accommodate an in -kind
contribution.
(b) If an agency draws down Federal
funds in greater proportion to the use of
match than total Federal funds bear to
total match under the conditions
described at paragraphs (a)(1) through
(a)(3) of this section, the agency must:
(1) Obtain the Regional Director's
prior approval, and
(2) Satisfy the project's match
requirement before it submits the final
Federal financial report.
§80.97 Mayan agency barter goods or
services to carry out a grant- funded
project?
Yes. A State fish and wildlife agency
may barter to carry out a grant- funded
project. A barter transaction is the
exchange of goods or services for other
goods or services without the use of
cash. Barter transactions are subject to
the Cost Principles at 2 CFR part 220,
2 CFR part 225, or 2 CFR part 230.
§80.98 How must an agency report barter
transactions?
(a) A State fish and wildlife agency
must follow the requirements in the
following table when reporting barter
transactions in the Federal financial
rep ort:
If ' ' ' I Then the agency ' . "
(1) The goods or services exchanged have the same
market value,.
(2) The market value of the goods or services relin-
quished exceeds the market value of the goods and
services received,.
(3) The market value of the goods or services received
exceeds the market value of the goods and services
relinquished,.
(4) The barter transaction was part of a cooperative farm-
ing or grazing arrangement meeting the requirements
in paragraph (b) of this section,.
(i) Does not have to report bartered goods or services as program income or grant
expenses in the Federal financial report; and
(ii) Must disclose that barter transactions occurred and state what was bartered in
the Remarks section of the report.
Must report the difference in market value as grant expenses in the Federal financial
report.
Must report the difference in market value as program income in the Federal finan-
cial report.
(i) Does not have to report bartered goods or services as program income or grant
expenses in the Federal financial report; and
(ii) Must disclose that barter transactions occurred and identify what was bartered in
the Remarks section of the Federal financial report.
46168 Federal Register/Vol. 76, No 147/Monday, August 1, 2011/Rules and Regulations
(b) For purposes of paragraph (a)(4) of
this section, cooperative farming or
grazing is an arrangement in which an
agency:
(1) Allows an agricultural producer to
farm or graze livestock on land under
the agency's control; and
(2) Designs the farming or grazing to
advance the agency's fish and wildlife
management objectives.
§80.99 Are symbols available to identify
projects?
Yes. The following distinctive
symbols are available to identify
projects funded by the Acts and
products on which taxes and duties
have been collected to support the Acts:
(a) The symbol of the Pittman -
Robertson Wildlife Restoration Act
follows:
N y JL__4[. 1'11
A.f
O RPP O
(b) The symbol of the Dingell - Johnson
Sport Fish Restoration Act follows:
I r
r
(c) The symbol of the Acts when used
in combination follows:
to
• f
w
§80.100 Does an agency have to display
one of the symbols in this part on a
completed project?
No. A State fish and wildlife agency
does not have to display one of the
symbols in § 80.99 on a project
completed under the Acts. However, the
Service encourages agencies to display
the appropriate symbol following these
re uirements or guidelines:
�a) An agency may display the
appropriate symbol(s) on:
(1) Areas such as wildlife -
management areas, shooting ranges, and
sportfishing and boating-access facilities
that were acquired, developed,
operated, or maintained with funds
authorized by the Acts; and
(2) Printed or Web -based material or
other visual representations of project
accomplishments.
(b) An agency may require a
subgrantee to display the appropriate
symbol or symbols in the places
described in paragraph (a) of this
section.
(c) The Director or Regional Director
may authorize an agency to use the
symbols in a manner other than as
described in paragraph (a) of this
section.
(d) The Director or Regional Director
may authorize other persons,
organizations, agencies, or governments
to use the symbols for purposes related
to the Acts by entering into a written
agreement with the user. An applicant
must state how it intends to use the
symbol(s), to what it will attach the
symbol(s), and the relationship to the
specific Act.
(e) The user of the symbol(s) must
indemnify and defend the United States
and hold it harmless from any claims,
suits, losses, and damages from:
(1) Any allegedly unauthorized use of
any patent, process, idea, method, or
device by the user in connection with
its use of the symbol(s), or any other
alleged action of the user; and
(2) Any claims, suits, losses, and
damages arising from alleged defects in
the articles or services associated with
the symbol(s).
(f) The appearance of the symbol(s) on
projects or products indicates that the
manufacturer of the product pays excise
taxes in support of the respective Act(s),
and that the project was funded under
the respective Act(s) (26 U.S.C. 4161,
4162, 4181, 4182, 9503, and 9504). The
Service and the Department of the
Interior make no representation or
endorsement whatsoever by the display
of the symbol(s) as to the quality, utility,
suitability, or safety of any product,
service, or project associated with the
symbol(s).
(g) No one may use any of the symbols
in any other manner unless the Director
or Regional Director authorizes it.
Unauthorized use of the symbol(s) is a
violation of 18 U.S.C. 701 and subjects
the violator to possible fines and
imprisonment.
Subpart I— Program Income
§80.120 What is program income?
(a) Program income is gross income
received by the grantee or subgrantee
and earned only as a result of the grant
during the grant period.
(b) Program income includes revenue
from:
(1) Services performed under a grant;
(2) Use or rental of real or personal
property acquired, constructed, or
managed with grant funds;
(3) Payments by concessioners or
contractors under an arrangement with
the agency or subgrantee to provide a
service in support of grant objectives on
real property acquired, constructed, or
managed with grant funds;
(4) Sale of items produced under a
grant;
(5) Royalties and license fees for
copyrighted material, patents, and
inventions developed as a result of a
grant; or
(6) Sale of a product of mining,
drilling, forestry, or agriculture during
the period of a grant that supports the:
(i) Mining, drilling, forestry, or
agriculture; or
(ii) Acquisition of the land on which
these activities occurred.
(c) Program income does not include:
(1) Interest on grant funds, rebates,
credits, discounts, or refunds;
(2) Sales receipts retained by
concessioners or contractors under an
arrangement with the agency to provide
a service in support of grant objectives
on real property acquired, constructed,
or managed with grant funds;
(3) Cash received by the agency or by
volunteer instructors to cover incidental
costs of a class for hunter or aquatic -
resource education;
(4) Cooperative farming or grazing
arrangements as described at § 80.98; or
(5) Proceeds from the sale of real
property.
§80.121 Mayan agency earn program
income?
A State fish and wildlife agency may
earn income from activities incidental to
the grant purposes as long as producing
income is not a primary purpose. The
agency must account for income
received from these activities in the
project records and dispose of it
according to the terms of the grant.
§80.122 Mayan agency deduct the costs
of generating program income from gross
income?
(a) A State fish and wildlife agency
may deduct the costs of generating
program income from gross income
when it calculates program income as
long as the agency does not:
Fe deral Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46169
(1) Pay these costs with:
(i) Federal or matching cash under a
Federal grant; or
(ii) Federal cash unrelated to a grant.
(2) Cover these costs by accepting:
(i) Matching in -kind contributions for
a Federal grant; or
(ii) Donations of services, personal
property, or real property unrelated to a
Federal grant.
(b) Examples of costs of generating
program income that may qualify for
deduction from gross income if they are
consistent with paragraph (a) of this
section are:
(1) Cost of estimating the amount of
commercially acceptable timber in a
forest and marking it for harvest if the
commercial harvest is incidental to a
grant - funded habitat - management or
facilities- construction project.
(2) Cost of publishing research results
as a pamphlet or book for sale if the
publication is incidental to a grant -
funded research project.
§80.123 How may an agency use program
income?
(a) A State fish and wildlife agency
may choose any of the three methods
listed in paragraph (b) of this section for
applying program income to Federal
and non - Federal outlays. The agency
may also use a combination of these
methods. The method or methods that
the agency chooses will apply to the
program income that it earns during the
grant period and to the program income
that any subgrantee earns during the
grant period. The agency must indicate
the method that it wants to use in the
project statement that it submits with
each application for Federal assistance.
(b) The three methods for applying
program income to Federal and non -
Federal outlays are in the following
table:
Method I Requirements for using the method
(1) Deduction ........................ (i) The agency must deduct the program income from total allowable costs to determine the net allowable costs.
(ii) The agency must use program income for current costs under the grant unless the Regional Director author-
izes otherwise.
(iii) If the agency does not indicate the method that it wants to use in the project statement, then it must use the
deduction method.
(2) Addition ........................... (i) The agency may add the program income to the Federal and matching funds under the grant.
(ii) The agency must use the program income for the purposes of the grant and under the terms of the grant.
(3) Matching ......................... (i) The agency must request the Regional Director's approval in the project statement.
(ii) The agency must explain in the project statement how the agency proposes to use the program income, the
expected results, and why it is essential to use program income as match.
(iii) The Regional Director may approve the use of the matching method if the requirements of paragraph (c) of
this section are met.
(c) The Regional Director may
approve the use of the matching method
if the proposed use of the program
income would:
(1) Be consistent with the intent of the
applicable Act or Acts; and
(2) Result in at least one of the
following:
(i) The agency substitutes program
income for at least some of the match
that it would otherwise have to provide,
and then uses this saved match for other
fish or wildlife - related projects;
(ii) The agency substitutes program
income for at least some of the
apportioned Federal funds, and then
uses the saved Federal funds for
additional eligible activities under the
program; or
(iii) A net benefit to the program.
§80.124 How may an agency use
unexpended program income?
If a State fish and wildlife agency has
unexpended program income on its
final Federal financial report, it may use
the income under a subsequent grant for
any activity eligible for funding in the
grant program that generated the
income.
§80.125 How must an agency treat income
that it earns after the grant period?
(a) The State fish and wildlife agency
must treat program income that it earns
after the grant period as either:
(1) License revenue for the
administration of the agency; or
(2) Additional funding for purposes
consistent with the grant or the
program.
(b) The agency must indicate its
choice of one of the alternatives in
paragraph (a) of this section in the
project statement that the agency
submits with each application for
Federal assistance. If the agency does
not record its choice in the project
statement, the agency must treat the
income earned after the grant period as
license revenue.
§80.126 How must an agency treat income
earned by a subgrantee after the grant
period?
(a) The State fish and wildlife agency
must treat income earned by a
subgrantee after the grant period as:
(1) License revenue for the
administration of the agency;
(2) Additional funding for purposes
consistent with the grant or the
program; or
(3) Income subject only to the terms
of the subgrant agreement and any
subsequent contractual agreements
between the agency and the subgrantee.
(b) The agency must indicate its
choice of one of the above alternatives
in the project statement that it submits
with each application for Federal
assistance. If the agency does not
indicate its choice in the project
statement, the subgrantee does not have
to account for any income that it earns
after the grant period unless required to
do so in the subgrant agreement or in
any subsequent contractual agreement.
Subpart J —Real Property
§80.130 Does an agency have to hold title
to real property acquired under a grant?
A State fish and wildlife agency must
hold title to an ownership interest in
real property acquired under a grant to
the extent possible under State law.
(a) Some States do not authorize their
fish and wildlife agency to hold the title
to real property that the agency
manages. In these cases, the State or one
of its administrative units may hold the
title to grant - funded real property as
long as the agency has the authority to
manage the real property for its
authorized purpose under the grant. The
agency, the State, or another
administrative unit of State government
must not hold title to an undivided
ownership interest in the real property
concurrently with a subgrantee or any
other entity.
(b) An ownership interest is an
interest in real property that gives the
person who holds it the right to use and
occupy a parcel of land or water and to
exclude others. Ownership interests
include fee and leasehold interests but
not easements.
46170 Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations
§80.131 Does an agency have to hold an
easement acquired under a grant?
A State fish and wildlife agency must
hold an easement acquired under a
grant, but it may share certain rights or
responsibilities as described in
paragraph (b) of this section if
consistent with State law.
(a) Any sharing of rights or
responsibilities does not diminish the
agency's responsibility to manage the
easement for its authorized purpose.
(b) The agency may share holding or
enforcement of an easement only in the
following situations:
(1) The State or another
administrative unit of State government
may hold an easement on behalf of its
fish and wildlife agency.
(2) The agency may subgrant the
concurrent right to hold the easement to
a nonprofit organization or to a local or
tribal government. A concurrent right to
hold an easement means that both the
State agency and the subgrantee hold
the easement and share its rights and
responsibilities.
(3) The agency may sub -rant a right
of enforcement to a nonprofit
organization or to a local or tribal
government. This right of enforcement
may allow the subgrantee to have
reasonable access and entry to property
protected under the easement for
purposes of inspection, monitoring, and
enforcement. The subgrantee's right of
enforcement must not supersede and
must be concurrent with the agency's
right of enforcement.
§80.132 Does an agency have to control
the land or water where it completes capital
improvements?
Yes. A State fish and wildlife agency
must control the parcel of land and
water on which it completes a grant -
funded capital improvement. An agency
must exercise this control by holding
title to a fee or leasehold interest or
through another legally binding
agreement. Control must be adequate for
the protection, maintenance, and use of
the improvement for its authorized
purpose during its useful life even if the
agency did not acquire the parcel with
grant funds.
§80.133 Does an agency have to maintain
acquired or completed capital
improvements?
Yes. A State fish and wildlife agency
is responsible for maintaining capital
improvements acquired or completed
under a grant to ensure that each capital
improvement continues to serve its
authorized purpose during its useful
life.
§80.134 How must an agency use real
property?
(a) If a grant funds acquisition of an
interest in a parcel of land or water, the
State fish and wildlife agency must use
it for the purpose authorized in the
grant.
(b) If a grant funds construction of a
capital improvement, the agency must
use the capital improvement for the
purpose authorized in the grant during
the useful life of the capital
improvement. The agency must do this
even if it did not use grant funds to:
(1) Acquire the parcel on which the
ca F2 improvement is located; or
( Build the structure in which the
ca ital improvement is a component.
( If a grant funds management,
operation, or maintenance of a parcel of
land or water, or a capital improvement,
the agency must use it for the purpose
authorized in the grant during the grant
period. The agency must do this even if
it did not acquire the parcel or construct
the capital improvement with grant
funds.
(d) A State agency may allow
commercial, recreational, and other
secondary uses of a grant - funded parcel
of land or water or capital improvement
if these secondary uses do not interfere
with the authorized purpose of the
grant.
§80.135 What if an agency allows a use of
real property that interferes with its
authorized purpose?
(a) When a State fish and wildlife
agency allows a use of real property that
interferes with its authorized purpose
under a grant, the agency must fully
restore the real property to its
authorized purpose.
(b) If the agency cannot fully restore
the real property to its authorized
purpose, it must replace the real
property using non - Federal funds.
(c) The agency must determine that
the replacement property:
(1) Is of at least equal value at current
market prices; and
(2) Has fish, wildlife, and public -use
benefits consistent with the purposes of
the original grant.
(d) T Regional Director may require
the agency to obtain an appraisal and
appraisal review to estimate the value of
the replacement property at current
market prices if the agency cannot
su ort its assessment of value.
�e� The agency must obtain the
Regional Director's approval of:
(1) Its determination of the value and
benefits of the replacement property;
and
(2) The documentation supporting
this determination.
(f) The agency may have a reasonable
time, up to 3 years from the date of
notification by the Regional Director, to
restore the real property to its
authorized purpose or acquire
replacement property. If the agency does
not restore the real property to its
authorized purpose or acquire
replacement property within 3 years,
the Director may declare the agency
ineligible to receive new grants in the
program or programs that funded the
original acquisition.
§80.136 Is it a diversion if an agency does
not use grant- acquired real property for its
authorized purpose?
If a State fish and wildlife agency
does not use grant- acquired real
property for its authorized purpose, a
diversion occurs only if both of the
following conditions apply:
(a) The agency used license revenue
as match for the grant; and
(b) The unauthorized use is for a
purpose other than management of the
fish- and wildlife - related resources for
which the agency has authority under
State law.
§80.137 What if real property is no longer
useful or needed for its original purpose?
If the director of the State fish and
wildlife agency and the Regional
Director jointly decide that grant - funded
real property is no longer useful or
needed for its original purpose under
the grant, the director of the agency
must:
(a) Propose another eligible purpose
for the real property under the grant
program and ask the Regional Director
to approve this proposed purpose, or
(b) Request disposition instructions
for the real property under the process
described at 43 CFR 12.71,
"Administrative and Audit
Requirements and Cost Principles for
Assistance Programs."
Subpart K— Revisions and Appeals
§80.150 How does an agency ask for
revision of a grant?
(a) A State fish and wildlife agency
must ask for revision of a project or
grant by sending the Service the
following documents:
(1) The standard form approved by
the Office of Management and Budget as
an application for Federal assistance.
The agency may use this form to update
or request a chan ge in the information
that it submitted in an approved
application. The director of the agency
or his or her designee must sign this
form.
(2) A statement attached to the
application for Federal assistance that
explains:
(i) How the requested revision would
affect the information that the agency
Federal Register/Vol. 76, No. 147/Monday, August 1, 2011/Rules and Regulations 46171
submitted with the original grant
application; and
(ii) Why the requested revision is
necessary.
(b) An agency must send any
requested revision of the purpose or
objectives of a project or grant to the
State Clearinghouse or Single Point of
Contact if the State maintains this
process under Executive Order 12372,
Intergovernmental Review of Federal
Programs.
§80.151 Mayan agency appeal a
decision?
An agency may appeal the Director's
or Regional Director's decision on any
matter subject to this part.
(a) The State fish and wildlife agency
must send the appeal to the Director
within 30 days of the date that the
Director or Regional Director mails or
otherwise informs an agency of a
decision.
(b) The agency may appeal the
Director's decision under paragraph (a)
of this section to the Secretary within 30
days of the date that the Director mailed
the decision. An appeal to the Secretary
must follow procedures in 43 CFR part
4, subpart G, "Special Rules Applicable
to other Appeals and Hearings."
Subpart L— Information Collection
§80.160 What are the information
collection requirements of this part?
(a) This part requires each State fish
and wildlife agency to provide the
following information to the Service.
The State agency must:
(1) Certify the number of people who
have paid licenses to hunt and the
number of people who have paid
licenses to fish in a State during the
State - specified certification period
(OMB control number 1018 - 0007).
(2) Provide information for a grant
application on a Governmentwide
standard form (OMB control number
4040 - 0002).
(3) Certify on a Governmentwide
standard form that it:
(i) Has the authority to apply for the
grant;
(ii) Has the capability to complete the
project; and
(iii) Will comply with the laws,
regulations, and policies applicable to
nonconstruction projects, construction
projects, or both (OMB control numbers
4040 -0007 and 4040 - 0009).
(4) Provide a project statement that
describes the need, purpose and
objectives, results or benefits expected,
approach, geographic location,
explanation of costs, and other
information that demonstrates that the
project is eligible under the Acts and
meets the requirements of the Federal
Cost Principles and the laws,
regulations, and policies applicable to
the grant program (OMB control number
1018 - 0109).
(5) Change or update information
provided to the Service in a previously
approved application (OMB control
number 1018- 0109).
(6) Report on a Governmentwide
standard form on the status of Federal
grant funds and any program income
earned (OMB control number 0348-
0061).
(7) Report as a grantee on progress in
completing the grant - funded project
(OMB control number 1018- 0109).
(b) The authorizations for information
collection under this part are in the Acts
and in 43 CFR part 12, subpart C,
"Uniform Administrative Requirements
for Grants and Cooperative Agreements
to State and Local Governments."
(c) Send comments on the information
collection requirements to: U.S. Fish
and Wildlife Service, Information
Collection Clearance Officer, 4401 North
Fairfax Drive, MS 2042 -PDM,
Arlington, VA 22203.
Dated July 19, 2011.
Rachel Jacobson,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2011 -19206 Filed 7- 29 -11; 8:45 am]
BILLING CODE 4310 -55-P
FWC Contract No. 16059
INVOICE
Billed to:
Fish and Wildlife Conservation Commission
Florida Boating Improvement Program
620 South Meridian Street
Tallahassee, Florida 32399 -1600
Remit payment to:
Grantee:
FEID #:
Address:
PROJECT COSTS:
Attachment # G
Invoice No.
Invoice Date:
FWC Contract #:
Amount of Grant Award: $
Billing Period/Dates of Service:
From:
To:
In -kind Services — Non -cash expenses:
Amount
In -kind service: Administration
$
In -kind service: Project Management
$
In -kind service: Other
$
Deliverables /Services Provided (Scope of Work) — Cash expenditures:
Amount
Total Project Cost: $
Grantee Share ( %): — $
Amount for Reimbursement: $
I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that
the matching funds, in -kind or cash, were utilized toward the project in this Agreement.
Page 1 of 3
FWC Contract No. 16059
Signed:
Project Manager
Date:
Attachment # G
Page 2of3
FWC Contract No. 16059 Attachment # G
FLORIDA BOATING IMPROVEMENT PROGRAM
Partial Payment Request Form
FWC Contract #
FEID #
Project Title:_
Payment No.
Amount $
Brief Description — Project Summary:
Dates of Service:
Percentage of Completion:
Describe below deliverables completed to document percentage of work completed for invoice submitted:
Signature
Title
Date
Page 3of3
FWC Contract No. 16059 Attachment # H
FLORIDA BOATING IMPROVEMENT PROGRAM
PROJECT PROGRESS REPORT
Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399 -1600 or fax to (850) 488 -9284.
FWC Contract #
Grantee:
Project Title:
Reporting Period (Month/Year):
(Due 15 days after the end of each quarter)
1. Describe progress of project, including percent completed for each task in the Scope of Work:
2. Is project currently on schedule for completion by Phase I due date? YES ❑ NO ❑
Anticipated Phase I completion date:
(If project is not on schedule, please explain any problems encountered and/or possible delays)
3. Reporting requirements: (Check all that have been submitted to date)
❑
Bid package
❑
Bid tabulation
❑
Progress photographs
❑
Final photographs
❑
Draft acknowledgement
Project Manager
Print Name
Page 1 of 1
Date
Phone
FWC Contract No. 16059
Attachment # I
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Florida Boating Improvement Program
CERTIFICATION OF COMPLETION STATEMENT
I ,
representing
(Print Name and Title)
(Name of Local Government)
do hereby certify that the Florida Boating Improvement Program project funded by FWC
Contract No. has been completed in compliance with all terms and conditions of
said Agreement; that all amounts payable for materials, labor and other charges against the
project have been paid; and that no liens have been attached against the project.
(Signature)
(Date)
WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in
the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes.
CERTIFICATE BY COMMISSION
I certify: That, to the best of my knowledge and belief, the work on the above -named
project has been satisfactorily completed under the terms of the Agreement.
Division:
By:
Name:
Title:
Date: