02/18/2018 Agreement
DATE: August 21, 2018
TO: Raymond Sanders,
Project Management
Tammy Sweeting,
Project Management
FROM: Sally M. Abrams, D.C.
SUBJECT: February 21, 2018, BOCC Meeting - Approved Agenda Item
Attached is an electronic copy of the executed agenda item listed below.
[[394,1623,420,1679][11][B,I,][Calibri]]C [[418,1623,464,1679][11][B,I,][Calibri]]25 [[464,1623,474,1679][11][,I,][Calibri]] [[474,1623,488,1679][11][,I,][Calibri]]- [[488,1623,498,1679][11][,I,][Ca
libri]] [[497,1623,2072,1679][11][,I,][Calibri]]Approval to enter into Grant Agreement with Florida Boating Improvement Program
[[394,1688,1929,1744][11][,I,][Calibri]](FBIP) in the amount of $100,000.00 for the Gulf View Boat Ramp Repair and Dock
[[394,1752,762,1808][11][,I,][Calibri]]Restoration project. [[762,1752,789,1808][11][,I,][Calibri]]
Please contact me at extension 3550 with any questions.
cc: County Attorney [[769,2259,796,2315][11][,I,][Calibri]]
Finance [[604,2315,631,2371][11][,I,][Calibri]]
File
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DATE: March 12, 2018
TO: Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hanco 4) .C.
SUBJECT: February 21 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.
C20 (Steven Sanders) Grant Agreement with Florida Boating Improvement Program in
the amount of $50,000.00 for the Harry Harris Boat Ramp Refurbish Project.
I 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 PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 -294 -4641 305- 289 - 6027 305- 852 - 7145 305 -852 -7145
FWC Agreement No. 16060
STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AGREEMENT NO. 16060
CFDA Title(s): Sport Fish Restoration - Boat Access CFDA No(s).: 15.605
Name of Federal Agency(s): U.S. Fish and Wildlife Servicec
Federal Award No(s): FL F -F 17AFO 1194 Federal Award Year(s): 2017/2018
Federal Award Name(s): Monroe County: Gulf View Boat Ramp Repair and Dock Restoration
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
Monreo 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 erosion repair of the Gulf View Park
boat ramp and construction of a concrete accessory boat dock; and,
WHEREAS, Grantee has been awarded Florida Boating Improvement Program grant 16060 as referenced in
FBIP application 16 -025 as a sub - recipient of Sport Fish Restoration -Boat Access Program grant FL F-
F 17AF01194; and,
WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public
welfare.
NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as
follows:
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. 16060
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 06/30/2039. 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 State to do so. Agreements executed under this grant
award shall not precede a start date of the date of execution. 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 $75,000.
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,
GRANT - GOVERNMENTAL ENTITY Ver May_ 2017 Pape 2 of 20
FWC Agreement No. 16060
pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for
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.
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:
GRANT - GOVERNMENTAL ENTITY Ver May_ 2017 Pace 3 of 20
FWC Agreement No. 16060
http: / /www.fldfs.com/aadir /direct deposit web/Vendors.htm
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) &(0, 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. 16060
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
GRANT - GOVERNMENTAL ENTITY Ver_ May_ 2017 Page 5 of 20
FWC Agreement No. 16060
completion of each deliverable. If the Grantee fails to produce each deliverable within the time
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.
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.
10. NOTICES AND CORRESPONDENCE.
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 Cary Knight
Grant Specialist II Project Manager
FL Fish and Wildlife Conservation Commission Monroe County
620 S. Meridian Street 1100 Simonton Street
Tallahassee, FL Key West, FL 33040
(850) 717-2108 (305) 292-4527
(850) 488 -9284 (05) 295 -4321
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.
(:R ANT - (:(1VF12 NMFNTAT . FNTTTY Ver May '017 Page 6 of 20
FWC Agreement No. 16060
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 conditions 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.
i. 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. 16060
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.
i. 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
f:R ANT - af)VFRNMFMT FNTJTV V&r May 11117 Pa o& R of 711
FWC Agreement No. 16060
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. Authority. 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 Ver. May. 2017 Page 9 of 20
FWC Agreement No. 16060
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.
i. 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.
i. 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. 16060
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:
i. 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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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. 16060
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.USASpending.gov. 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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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.
v. 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
GRANT - GOVERNMENTAL ENTITY Ver. May, 2017 Page 14 of 20
FWC Agreement No. 16060
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.
i. 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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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.org.
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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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. 16060
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.
31. 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.
32. 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.
33. 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.1.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.gov /files/programs /gc 1185221678150.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. 16060
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 Pate 19 of 20
FWC Agreement No. 16060
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 FLORIDA FISH AND WILDLIFE
COMMISSIONERS CONSERVATION COMMISSION
-- j 1 , 01 ,,,, 44 1--1; 5(44/L.--
SIGNA 4 714
SIGNATURE
Name: David Rice Name: Thorn 45 N _ En So
Title: Mayor Title: ASSISTANT EXECUTIVE DIRECTOR
Date: 1414 / u 14 f ? Date: 3 / ;Q )f 4
Approved as to form and legality by FWC Attorney:
MOp OE COUNTY ATTORNEY'S OFFICE
/ QRQVED,AS TliFO t ) .i /
, /._ .. A YLV ,
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY SIGNATURE
DATE:.
Attachments in this Agreement include the following:
Attachment A Scope of Work
Attachment B Requirements of the Federal and Florida Single Audit Act
Attachment C Copy of Federal Award FL F- F17AF01194 Z
Attachment D Sample Site Dedication Form x.r. O°
Attachment E Cost Reimbursement Contract Payment Requirements = rn
Attachment F Title 50 CFR, Part 80 e)..."-x.1 �a G-4 q
Attachment G Sample Invoice Form `c' 4? -- Attachment H Progress Report Form = r rt' r ,
act
Attachment I Certification of Completion :< ; c)
(SEAL)
A N . • *K.CLERK
8 •
DE' CLERK
GRANT - GOVPRNMF.NTAT. ENTITY Ver_ May_ 2017 Page 20 of 20
Attachment A — SCOPE OF WORK
1 Project Name: Monroe County — Gulf View Boat Ramp 1 FWC Contract No. 1 16060
1. INTRODUCTION
A. Background: The Gulf View Boat Ramp is in need of repairs due to erosion on the sides and at
the end of the ramp, which has worsened over time and has resulted in a potential hazard when
launching a boat. Boat trailer tires can drop off and cause the frame or axle to rest on the ramp.
There is currently no boarding dock at the ramp which makes it difficult for one person to launch
from the ramp.
B. Purpose: Erosion repair at the boat ramp and the construction of a concrete accessory dock
adjacent to the boat ramp will make launching safer and allow boaters to use the ramp quicker.
C. Project Benefits: The improvements to Gulf View Boat Ramp will significantly improve
recreational boating access and safety, and provide numerous benefits to the boating community.
With the construction of the boarding accessory dock it will be easier for boaters that maybe by
themselves to use the ramp, and allow multiple boaters to use the ramp while staging, launching
or parking/retrieving the trailer. This will improve the overall experience of using the public boat
ramp in an increasingly busy area.
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, the County (Grantee) shall
complete the tasks and provide the deliverables described in this Scope of Work. All Phase I
activities must be completed by June 30, 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): Repair erosion around the boat ramp and construct a boarding accessory dock
adjacent at the boat ramp according to the engineering and design plans included in FBIP
application #16 -025.
C. Tasks: The Grantee shall provide all labor, equipment and materials to complete the following
tasks:
1. Hand place approximately 2,096 cubic yards of rubble riprap around the edges with a 13.5'
wide x 12.5' long articulating block mat at the end of the existing boat ramp.
2. Install cofferdam and dewater during all Phase I activities.
3. Temporarily deploy turbidity curtains during all Phase I activities.
4. Construct cast -in -place concrete accessory dock that is 5 feet wide by 52 feet long.
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 -025,
Page 1 of 5
Attachment A — SCOPE OF WORK
1 Project Name: Monroe County — Gulf View Boat Ramp 1 FWC Contract No. 1 16060
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
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.
Page 2 of 5
Attachment A — SCOPE OF WORK
Project Name: 1 Monroe County — Gulf View Boat Ramp 1 FWC Contract No. 1 16060
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
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 $75,000. 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 -025. The total compensation by the Commission
shall be $75,000 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 Cost Reimbursement Contract Payment Requirements as shown in the
Department of Financial Services, Bureau of Accounting and Auditing, Reference Guide for State
Expenditures, 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
Page 3 of 5
Attachment A — SCOPE OF WORK
Project Name: 1 Monroe County — Gulf View Boat Ramp 1 FWC Contract No. 1 16060
itemized list of all project expenditures, and copies of invoices and cancelled checks or check
numbers to document payment for all project expenditures.
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 15th 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.
Page 4 of 5
Attachment A — SCOPE OF WORK
Project Name: Monroe County — Gulf View Boat Ramp 1 FWC Contract No. 1 16060 1
11. RECORD KEEPING REQUIREMENTS
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. 16060
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. 16060
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.govisac/sainfo.html
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. 16060
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: / /apps.fldfs.com/fsaa/.
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 10th 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. 16060
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. 16060
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 Sport Fish Restoration — Boating Access Program $75,000
Total Federal Awards $75,000
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program(s) Compliance Requirements 1
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
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. 16060
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 1 -
Audit Requirements rev.06 /01/2017 Page 6 of 6
Attachment C
Copy of Federal Award FL F- F17AF01194
FWC Agreement No. 16060
Attachment C
t Ti' r' � United States Department of the Interior
' r f. 1, FISIIA D W E SERVICE
�r, % A _ Ls • ,� 875 Century ILDLIF Bou levard
r H Atlanta, Georgia 30345
In Reply Refer To: SEP 0 7 2017
FW S/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 F- F17AF01194
Dear 7 ey: //it"
Your organization's application for Federal financial assistance titled "Gulf View Boat Ramp
Repair and Dock Installation," submitted to the U.S. Fish and Wildlife Service CFDA Program
(15.605) is approved effective October 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 repair erosion on the sides and at the end of the ramp on the Gulf View boat ramp
and construct a concrete accessory boarding boat dock (5 feet by 52 feet long).
The performance period of this award is October 1, 2017, through September 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).
)undin2 Information:
The table below documents the approved funding for this award, including the Federal share and
non - Federal match:
Grant Award Action Funding Federal Federal °o Matching Match ° o Total Award
Subaccount Funds Funds _
Approved/Obligated 9522 575,000 75 °e $25,000 25 °e $100,000
Totals: 575 000 75% S25 000 75 a 5100,000 1
Attachment C
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 Report Period: Due Date
Interim Federal Financial Report (SF -425) October 1, 2017 — September 30, 2018 December 29
Interim Performance Report October 1, 2017 September 30, 2018 December 29, 2018
Final Federal Financial Report (SF -425) October 1, 2017 -- September 30, 2019 December 29, 2019
Final Performance Report October 1, 2017 September 30, 2019 December 29, 2019
All Reports should be sent to r4federalassistance(ivfws.gov. The TRACS number(s) for this
grant is: 216360475.
Terms and Conditions: Acceptance 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 of Acceptance in enclosure). In addition, the following Special Conditions apply to this
grant award:
Special Conditions and Pr ovisions:
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.
Project Contacts:
[The Service Project Officer for this award is: The Recipient Project Officer for this award is: _I
Ton 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.gov Deborah.Furrowpmyfwc.com
Attachment C
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
•
Attachment C
Additional Information
Terms of AcceIItauee: Aoccplarie : of a finale rill .`i:s i!:Idriee award (i.e., grant or COOpelative 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 fallowing: Federal regulations; program
legislation or regulation; and special award terms and 4,011ditioas. 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: / /www.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: / /www.sam.gov /portal /public /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 2 CFR
200.3O8(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 r4federalassistance @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 Fonn (SF) 425, Federal Financial Rein »t
form for all financial reporting. This form is available at http:/// www. whitehouse .goviomb /grants_ferms.
Performance reports must contain: 1) a comparison of actual accolllplishments with the goals and
ohjeeiives 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 he extended by the Service upon receipt of a
written request addressed to the Service at r4Cederalassistance @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 tie 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 Co operative 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
Attachment C
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 nnist 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 morel which might place the Recipient, the Recipient's employes, 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 subrecipient(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 /pdf/DOIIPMpolicyF]NAL.pdf.
Effective: 28 June 2016
1
Attachment D FWC # 16060
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 Witness
Printed Name Printed Name
Title Witness
Date Printed Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20
by , who is personally known to me or who
produced as identification.
Stamp:
Notary Public, State of Florida
Attachment E FWC Contract No. 16060
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. 16060
w ^TiGP
wr
46150 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
DEPARTMENT OF THE INTERIOR except the District of Columbia for Act does not authorize funding for the
purposes of the Pittman - Robertson District of Columbia. Industry partners
Fish and Wildlife Service Wildlife Restoration Act and the two pay excise taxes into a dedicated fund
grant programs and one subprogram in the Treasury on equipment and gear
50 CFR Part 80 under its authority, because the Act manufactured for purchase by hunters,
[Docket No. FWS- R9 -WSR- 2009-0088; does not authorize funding for the anglers, boaters, archers, and
91400 - 5110- POLI -7B; 91400 - 9410 -POLI- District. The term, "the 50 States," recreational shooters. The Service
7B] applies only to the 50 States of the distributes these funds to the fish and
RIN 1018 -AW65 United States. It does not include the wildlife agencies of the States that
Commonwealths of Puerto Rico and the contribute matching funds, generally
Financial Assistance: Wildlife Northern Mariana Islands, the District of derived from hunting and fishing
Restoration, Sport Fish Restoration, Columbia, or the territories of Guam, the license sales. In fiscal year 2010, the
Hunter Education and Safety U.S. Virgin Islands, and American States and other eligible jurisdictions
Samoa. received $384 million in new funding
AGENCY: Fish and Wildlife Service, These regulations tell States how they through the Wildlife Restoration and
Interior. may: (a) Use revenues from hunting and Enhanced Hunter Education and Safety
ACTION: Final rule. fishing licenses; (b) receive annual programs and $363 million in new
apportionments from the Federal Aid to funding through the Sport Fish
SUMMARY: We, the U.S. Fish and Wildlife Restoration Fund and the Sport Restoration program.
Wildlife Service, are revising Fish Restoration and Boating Trust We published a proposed rule in the
regulations governing the Wildlife Fund; (c) receive financial assistance June 10, 2010, Federal Register [75 FR
Restoration, Sport Fish Restoration, and from the Wildlife Restoration program, 328771 to revise the regulations
Hunter Education and Safety (Enhanced the Basic Hunter Education and Safety governing 50 CFR part 80. We reviewed
Hunter Education and Safety) financial subprogram, and the Enhanced Hunter and considered all comments that were
assistance programs. We proposed a Education and Safety program; and (d) delivered to the Service's Division of
revision of these regulations on June 10, receive financial assistance from the Policy and Directives Management
2010, to address changes in law, Sport Fish Restoration program, the during a 60 -day period from June 10 to
regulation, policy, technology, and Recreational Boating Access August 9, 2010, and all comments that
practice during the past 25 years. We subprogram, the Aquatic Resources were entered on http: //
also proposed a clarification of some Education subprogram, and the www.regulations.gov or postmarked
provisions of the issue - specific final Outreach and Communications during that period. We received 10
rule that we published on July 24, 2008. subprogram. These programs provide comments from State agencies, 2
This final rule simplifies specific financial assistance to State fish and comments from nonprofit organizations,
requirements of the establishing wildlife agencies to: (a) Restore or and 2 comments from one individual.
authorities of the three programs and manage wildlife and sport fish; (b) Most commenters addressed several
clarifies terms in those authorities as provide hunter - education, hunter- issues, so we reorganized the issues into
well as terms generally used in grant development, and hunter - safety 33 single -issue comments. This final
administration. We organized the final programs; (c) provide.recreational rule adopts the proposed rule that we
rule to follow the life cycle of a grant, boating access; (d) enhance the public's published on June 10, 2010, with
and we reworded and reformatted the understanding of water resources, changes based on the comments
regulations following Federal plain aquatic -life forms, and sport fishing; and received. We discuss these comments in
language policy and current rulemaking (e) develop responsible attitudes and the following section.
guidance. ethics toward aquatic and related
Response to Public Comments
DATES: The final rule is effective on environments. The Catalog of Federal
August 31, 2011. Domestic Assistance at https: // We arranged the public comments
www.cfda.gov describes these programs under the relevant sections of the rule.
FOR FURTHER INFORMATION CONTACT: under 15.611, 15.605, and 15.626. Each numbered comment is from only
Joyce Johnson, Wildlife and Sport Fish The Pittman- Robertson Wildlife one agency, organization, or individual
Restoration Program, Division of Policy Restoration Act, as amended (50 Stat. unless it states otherwise. The
and Programs, U.S. Fish and Wildlife 917; 16 U.S.C. 669- 669k), and the comments summarize the
Service, 703 - 358 -2156. Dingell - Johnson Sport Fish Restoration recommendations or opinions as the
SUPPLEMENTARY INFORMATION: Act, as amended (64 Stat. 430; 16 U.S.C. commenter presented them. We state in
Background 777 -777n, except 777e -1 and g -1), the response to each comment whether
established the programs affected by we made any changes as a result of the
This final rule revises title 50 part 80 this final rule in 1937 and 1950 recommendation. We also state how we
of the Code of Federal Regulations respectively. We refer to these acts in changed the rule, or we refer the reader
(CFR), which is "Administrative this document and in the final rule as to the location of the change in the final
Requirements, Pittman- Robertson "the Acts." They established a hunting - rule.
Wildlife Restoration and Dingell- and angling -based user -pay and user- Some public comments led us to
Johnson Sport Fish Restoration Acts." benefit system in which the State fish reexamine sections beyond those that
The primary users of these regulations and wildlife agencies of the 50 States, the public addressed specifically. Based
are the fish and wildlife agencies of the the Commonwealths, and the territories on this reexamination, we made
50 States, the Commonwealths of Puerto receive formula -based funding from a nonsubstantive changes throughout the
Rico and the Northern Mariana Islands, continuing appropriation from a document to improve clarity,
the District of Columbia, and the dedicated fund in the Treasury. The consistency, organization, or
territories of Guam, the U.S. Virgin District of Columbia also receives comprehensiveness. We addressed any
Islands, and American Samoa. We use funding, but only under the Dingell- substantive changes that resulted from
"State" or "States" in this document to Johnson Sport Fish Restoration Act. The this reexamination in our responses to
refer to any or all of these jurisdictions, Pittman - Robertson Wildlife Restoration the comments.
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46151
We use the term "current" to refer to not apply to projects under the Act hunt or fish. The Acts require States to
50 CFR part 80 or any section or according to section 902(f). count the number of paid hunting- or
paragraph of 50 CFR part 80 that became Subpart License Revenue fishing- license holders. They do not
effective after publication of a final rule require States to count those who
in the Federal Register at 73 FR 43120, Section 80.20 What does revenue from actually hunt or fish.
July 24, 2008. The term "proposed" hunting and fishing licenses include? Comment 6: Allow a State to verify a
refers to language that was in the Comment 3: The opening statement in license holder in State records using a
proposed
e
Register at 7S published 28 7 , une 10, 010. § license revenue reads, "Hunting and fishing This will accommodate a State that does
The g term June cense evenue includes: (1) Proceeds
"new" a refers ublished language hs that the State fish and wildlife agency of not record the license holder such as minors, categories
of 50 CFR
P art 80 P receives from the sale of State - issued
final rule. of -State hunters and anglers, and
general or special hunting or fishing individuals who do not want to give
Subpart A — General licenses This is a change from their names for religious reasons.
Section 80.2 What terms do I need to the current § 80.4, which reads, Response 6: We accepted the
know? "Revenues from license fees paid by recommendation, but we need to ensure
hunters and fishermen are any revenues th at the agency can associate a license
Comment 1: Define personal property the State receives from the sale of holder with the unique identifier. We
and law - enforcement activities. licenses * *" This change could changed the proposed § 80.33(a) to read:
Response 1: We defined personal exclude as license revenue any license "A State fish and wildlife agency must
property to include intellectual property fees collected by other State agencies on count only those people who have a
and gave examples at the new § 80.2. behalf of the State fish and wildlife license issued: (1) In the license holder's
agencies.
We removed the definition of name, or (2) With a unique identifier
intellectual property and all exam les Res 3: We changed the proposed that is traceable to the license holder,
from the proposed § 80 To conform § 80.20(a) to read, "All proceeds from who must be verifiable in State
the sale of State - issued general or
to these changes for personal property, special hunting and fishing licenses, records."
we moved the examples of real property permits, stamps, tags, access and use not allow e a State Section
director 3 count all does
from the proposed § 80.20(b)(1) to the fees, and other State charges to hunt or persons who have paid licenses to hunt
definition at § 80.2. We will consider fish for recreational purposes." or fish in the State-specified
proposing a definition of law
enforcement during the next revision of Subpart D — Certification of License certification period. This is inconsistent
50 CFR part 80, so we can receive public Holders with the Acts and the proposed
comments on a proposed definition. § 80.31(a).
Section 80.31 How does an agency Response 7: We did not make any
Comment 2: Three commenters had certify the number of paid license changes based on this comment. We use
concerns about the proposed definition holders? data from the annual certification of
of wildlife, which includes only birds
and mammals. One commenter said that Comment 4: Insert "or his or her licenses to divide excise tax revenue
the narrow definition would cause designee" after "the director of the among theStates. Section 80.33
conflicts with States that define it more [State] agency" at § 80.31(b) because provides an equitable way to count: (a)
broadly. Another commenter requested another individual may be responsible Individuals holding licenses for a fixed
that we broaden the definition to for submitting annual license- period corresponding to the license -
include alligators. The third commenter certification data electronically to the certification year, and (b) other
noted the proposed definition does not Service on behalf of the agency director. individuals holding licenses for a period
include the pr p urtles definition
bullfrogs, not Response 4: We changed §80.31(b) to that starts on the date of purchase and
are part p p ng turtles
least one har in corporate the recommendation. ends 365 days later (variable period). A
which
hunting or sportfishing program. Section 80.33 How does an agency should that not be variable-period lo on
ct th them licenses
tw
Response 2: We did not make any decide who to count as paid license ano not be able to count them in two
Res
p y holders in the annual certification? annual certification sin -year fixed-period
if a State
changes in response to these comments. that sells only single -year fixed- period
The proposed rule's definition of Comment 5: One commenter licenses can count them in only one
wildlife is specific to wild birds and supported the language at § 80.33(a)(1) annual certification period.
mammals. This is a common element in allowing States to count license holders Comment 8: Combination license
all State definitions of wildlife, and regardless of whether the licensee holders should be counted as both
program regulations since 1956 have engages in the activity. Two other anglers and hunters at § 80.33(a)(6) only
limited the benefits of the Pittman- commenters said that the State should if the State offers an option to buy a
Robertson Wildlife Restoration Act (Act) not count license holders in the annual separate license to hunt or fish. If no
to wild birds and mammals. The Act did certification if the licensee does not such option exists, the State should
not define wildlife in the original 1937 hunt or fish. conduct a survey or use other means to
legislation, and none of its amendments Response 5: We did not make any find out how many license holders
defined wildlife for purposes of projects changes based on this comment. Some intend to hunt and how many intend to
under the Act. Although Public Law people buy a license because they plan fish. The same approach should apply
106 -553 (December 21, 2000) amended to hunt or fish, but never do. Others buy to use permits and entrance fees for
the Act and defined wildlife, the only a license to take part in other outdoor wildlife management areas, to find out
effects of the amendment were to activities on a State Wildlife how many enter to hunt or fish, and
authorize fiscal year 2001 funds for the Management Area where it is required how many enter for other activities.
Wildlife Conservation and Restoration for entry. Some buy a license solely to States should count only those who
program and to clarify the effect of the support wildlife and sport fish hunt or fish as paid license holders.
Federal Advisory Committee Act. Public programs. Others buy a lifetime license Response 8: The Acts require States to
Law 106 -553's definition of wildlife did as a gift for a child who is too young to count the number of paid hunting and
46152 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
fishing license holders. They do not §§80.33(b) and 80.34, and two Restoration program and related
require States to count those who commenters supported these sections. programs and subprograms" as an
actually hunt or fish, so we will not Response 10: We did not make any eligible activity for the Sport Fish
require surveys as the commenter changes based on this comment. If a Restoration program at the new
recommended. State chooses to pay the hunting and § 80.51(a)(11). We did not add technical
Comment 9: The proposed § 80.33(b) fishing license fees for a category of its assistance because we may need to
states that, for a multiyear license to be citizens, it should be able to count the establish criteria to decide when it is
counted in each certification period, a license holders in the annual appropriate, and we do not want to do
State fish and wildlife agency must certification if the State and its fish and this without the benefit of public
receive $1 per year of net revenue for wildlife agency satisfy the conditions at comment following a proposed rule.
each year in which the license is valid. the new § 80.36. However, the Regional Director may still
Clarify whether the agency can count Comment 11: The proposed § 80.34(b) approve technical assistance as an
the multiyear license as a paid license requires that any funds that a State eligible activity on a case -by -case basis
if the agency spends the entire provides to its fish and wildlife agency under the new section § 80.52, which
multiyear license fee immediately after to cover fees for a category of license we discuss in Response 15.
receiving it. Without this clarification, holder must equal or exceed the fees Comment 15: The "closed list" of
an alternative interpretation is that the that the license holder would have paid. eligible activities could exclude some
agency must hold the fee over the Why is this different from the standard creative projects that may be
lifetime of the license so that $1 of net at the proposed § 80.33(a)(4), which appropriate under the Act.
revenue is available in each year that requires that the agency receive at least Response 15: We added a new section
the agency will count it as a paid $1 per year of net revenue? § 80.52 which reads: "An activity may
license. Response 11: Licenses that provide be eligible for funding even if this part
Response 9: We added a new § 80.35 similar privileges should not have a does not explicitly designate it as an
on requirements for multiyear licenses. lower fee just because the State is eligible activity if: (a) The State fish and
Paragraph (b) of this new section paying for it. We retained this wildlife agency justifies in the project
addresses the commenter's concern: requirement with an additional statement how the activity will help
clarification at the new § 80.36(d). carry out the purposes of the Pittman -
"The agency must receive net revenue Robertson Wildlife Restoration Act or
from a multiyear license that is in close Subpart E — Eligible Activities the Dingell - Johnson Sport Fish
approximation to the net revenue Restoration Act, and (b) The Regional
received for a single -year license Section 80.50 What activities are g
providing similar privileges: eligible funding eli ible for fundin under the Pittman- Director concurs with the justification."
(1) Each year during the license Robertson Wildlife Restoration Act? pleased that the proposed rule included
period, or Comment 12: Add as an eligible hunter development and recruitment as
(2) At the time of sale as if it were a activity, "Obtain data to guide and eligible for funding under the Enhanced
single - payment annuity, which is an direct the regulation of hunting." Hunter Education and Safety program.
investment of the license fee that shows Response 12: We added the Another commenter said that
the agency would have received at least recommended eligible activity at a new recruitment has no foundation in the
the minimum required net revenue for paragraph (a)(3). Act. The commenter also said that the
each year of the license period." Comment 13: The use of "or" in the Service could consider marketing,
an
Section
gency count license holders in theay for that simply p ovid sdpublic promotion, of recruitment v as publi ela relations,
annual certification if the agency access. The public access should be which is an ineligible activity.
associated with a wildlife- or habitat- Response 16: We disagreed with the
receives funds from the State to cover P
their license fees? management or conservation purpose. commenter's view that recruitment may
Response 13: We changed the be an ineligible activity. The Pittman -
Comment 10: One commenter said proposed § 80.50(a)(4) to read, "Acquire Robertson Wildlife Restoration Act at 16
that senior citizens in his State must pay real property suitable or capable of U.S.C. 669h -1 specifically allows the
$11 for a license, of which the State fish being made suitable for: (i) Wildlife use of funds for hunter - development
and wildlife agency receives about $9. habitat, or (ii) Public access for hunting programs, and recruitment may be the
The commenter said this $9 in net and other wildlife- oriented recreation." first phase of hunter development. We
revenue allows the State to count the We also moved the proposed made no changes based on this
license in only nine annual certification § 80.50(a)(5)(ii) to the new comment.
periods. He compared this to the § 80.50(a)(6)(ii) and changed it to read, Comment 17: The linkage that
proposed §§80.33(b) and 80.34 which "Provide public access for hunting or § 80.50(c)(1) makes between hunter
would allow a State to provide funds to other wildlife- oriented recreation." development and target shooting is
its fish and wildlife agency to cover fees Comment 14: Add coordination of weak at best.
normally charged for a category of grants as an eligible activity for the Response 17: Target shooting is an
license, such as senior citizens or Wildlife and Sport Fish Restoration activity that develops certain hunting
veterans. The agency would be able to programs. Add technical assistance as skills and supplements hunter
count those license holders in the an eligible activity for the Wildlife education and firearm safety. We made
annual certification for each year that Restoration program. no changes based on this comment.
the State covers the fees. The Response 14: We added "Coordinate Comment 18: The proposed rule
commenter said this change would grants in the Wildlife Restoration should have said whether competitive
potentially shift funds from States that program and related programs and shooting events are eligible activities
offer low -cost licenses to those where subprograms" as an eligible activity for and more specifically whether a grant
the State covers fees normally charged the Wildlife Restoration program at the could pay for prizes, scholarships, and
for a category of license. Two other new § 80.50(a)(8). We also added awards associated with competitive
commenters opposed the proposed "Coordinate grants in the Sport Fish shooting events.
•
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46153
Response 18: If the State fish and Section 80.66 What requirements scale between 10 and 75 percent, but
wildlife agency, or more typically, the apply to allocation of funds between does not give guidance on how the
subgrantee, holds the competitive marine and freshwater fisheries Regional Director should make that
shooting event for the primary purpose projects? decision.
of producing income, the event would Comment 23: The proposed § 80.66(a) Response 24: The commenter's
not be eligible for funding under the requires the use of a proportion based general concern was also applicable to
Pittman- Robertson Wildlife Restoration on the ratio of a State's resident marine the other paragraphs of § 80.83. We
Act. We will consider developing anglers to the State's total anglers. This changed the proposed § 80.83 to provide
Service policy on competitive events in ratio must equal the ratio of: (a) The more detail on how the Regional
the grant programs and subprograms Sport Fish Restoration funds that the Director decides on the Federal share.
authorized by the Acts. We made no State allocates for marine projects, to (b)
changes based on this comment. the total Sport Fish Restoration funds. Subpart I — Program Income
Section 80.51 What activities are However, some marine anglers also fish Section 80.120 What is program
eligible for funding under the Dingell- in freshwater, so a State has to allocate income?
Johnson Sport Fish Restoration Act? this overlap when developing a ratio for
marine and a ratio for freshwater Comment 25: Explain at the proposed
Comment 19: Add as an eligible anglers. The Service has misinterpreted § 80.120(c)(1) why hunting and fishing
activity for the Sport Fish Restoration 16 U.S.C. 777(b)(1) which reads, " * * * license revenue collected as fees for
program, "Stock fish for recreational [E]ach coastal State * * * shall special -area access or recreation cannot
purposes." equitably allocate amounts apportioned be program income.
Response 19: We incorporated the to such State * * * between marine fish
Response 25: We deleted the
recommendation at the new
projects and freshwater fish projects in proposed § 80.120(c)(1) from the list of
§ 80.51(a)(5). the same proportion as the estimated P ro P
a the second examples of revenue that cannot be
Comment 20: Change number of resident marine anglers and ro am income. This deletion is the
sentence at § 80.51(b)(1) so that it reads, the estimated number of resident P
"A broad range of access facilities and freshwater anglers, respectively, bear to result of a July 2010 determination that
associated amenities can qualify for the estimated number of all resident hunter - access fees on lands leased with
g they provide anglers in that State." This requires only ant funds for public hunting may
funding, the must rovide benefits P g Y
to recreational boaters." This change a comparison of the number of marine qualify as program income under certain
will align the regulation with the anglers to the number of freshwater conditions.
language of the Act. The Service's anglers in the same order as a Comment 26: Explain the basis of the
policy at 517 FW 7.12(B) already comparison of the dollars allocated to distinction between leases with terms
ensures that the facilities accommodate marine projects and the dollars greater than 10 years and leases with
stakeholders who buy motorboat fuels allocated to freshwater projects. The terms less than 10 years.
or angling gear. relationship of the numbers of the two Response 26: Leases are legally
Response 20: We changed the types of anglers is a ratio, just as the complex. Their classification as
sentence as recommended. relationship of the two dollar amounts personal or real property varies
is a ratio. The two ratios are in the significantly among the States and even
Section 80.52 (80.53 in final rule) g Y g
What activities are ineligible for "same proportion" as required by within a State depending on the type of
funding? § 777(b)(1). The proposed rule property. The classification of a lease as
incorrectly requires a proportion based real or personal property is important
Comment 21: Clarify whether wildlife on: (a) A comparison of the funds because it determines whether rent
damage and predator control are eligible allocated to marine fisheries projects earned by a grantee from the lease of
for funding from (a) a grant in the with the total funds allocated to marine real property acquired under a grant is
Wildlife Restoration program, or (b) and freshwater fisheries, and (b) a classified as program income or as
license revenue. comparison of marine anglers to the proceeds from the disposition of real
Response 21: We will consider this total number of marine and freshwater property. We proposed the 10 -year
issue during the next revision of 50 CFR anglers. threshold to simplify this complexity by
80, so that the public will have the Response 23: The commenter's adopting a common standard for
opportunity to offer comments. We recommendation would make the classifying leases as real or personal
made no changes based on this allocation of funds simpler, but the property for purposes of the grant
comment. proposed § 80.66(a) is the most programs under the Acts. We chose 10
Subpart F — Allocation of Funds by an reasonable interpretation of what th years because it is a commonly accepted
Agency drafters of the legislation intended. I dividing line between long -term and
any case, it would not be appropriate to short-term leases, which often affects
Section 80.60 What is the relationship impose a different allocation method the lessees' rights and responsibilities.
between the Basic Hunter Education based on an alternative interpretation We will present this subject in the
and Safety subprogram and the without the benefit of public review. We context of a future proposed rule that
Enhanced Hunter Education and Safety made no changes based on this focuses on the acquisition and
program? comment, but we will review this issue disposition of all types of real property
Comment 22: Explain at § 80.60(c) before the next revision of 50 CFR 80. under a grant. Until we can develop a
that the Service reapportions Subpart G — Application for a Grant proposed rule with that focus, we will
unobligated Enhanced Hunter rely on case -by -case legal interpretations
Education funds to eligible States as Section 80.83 What is the Federal when faced with lease - related issues.
Wildlife Restoration funds and not share of allowable cost? We changed the proposed § 80.120(c)(6),
Hunter Education funds. Comment 24: Section 80.83(a) gives which is the new § 80.120(c)(5), to read,
Response 22: We changed § 80.60(c) the Regional Director the discretion to "Proceeds from the sale of real
to incorporate this recommendation. reimburse allowable costs on a sliding property."
46154 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
Section 80.123 How may an agency Section 80.131 Does an agency have to Response 32: The comment applies to
use program income? hold an easement acquired under a § 80.132 as well as § 80.134. We
Comment 27: One commenter stated meant? changed §§ 80.132 and 80.134 to
that we should not require State fish Comment 29: Replace "subgrantee" incorporate the recommendation and to
and wildlife agencies to obtain the with "third party" because "subgrant" clarify in § 80.134 the differences in use
Regional Director's approval of the implies that grant funding passes to a requirements for specific types of grant -
matching method for using program subgrantee for use at the subgrantee's funded projects.
income if we do not require the discretion. Section 80.137 What if real property is
Regional Director's approval for other Response 29: A subgrantee is an entity no longer useful or needed for its
activities under a grant. This commenter that receives an award of money or original purpose?
and another stated that all grants property. A subgrantee is accountable to
qualified for use of the matching the grantee for the use of the money or Comment 33: The proposed § 80.137
method under the criteria at § 80.123(c), property (see definitions of subgrant and says that if a State fish and wildlife
subgrantee at 43 CFR 12.43). The agency's director and the Service's
and both commenters said that we Regional Director jointly decide that
should consider approving the use of proposed § 80.131(6) allows the grantee g j Y
the matching method without to subgrant only a concurrent right to grant- funded real property is no longer
conditions or give specific guidance on hold the easement or a right of useful or needed for its original
when its use is appropriate. A third enforcement. The grantee will be able to purpose, the State agency's director may
commenter also requested guidance on set the terms of the subgrant agreement request disposition instructions. Provide
when the matching method is and ensure that the subgrantee's right guidance on how the Service and State
appropriate. will not supersede and will be agency will cooperatively formulate
Response 27: The statement at concurrent with the agency's right of these instructions.
§ 80.s2 that the statement
Director enforcement. Since a third party is not Response 33: We changed the
may approve at use of the matching necessarily a subgrantee, the grantee proposed § 80.137(b) so that it reads:
ma r ove h may not be able to set the terms of any "Request disposition instructions for the
method ap ve consistent use with other matching approval requirements with
this agreement on the right of enforcement real property under the process
a u gulation. The Director has delegated or a concurrent right to hold the described at 43 CFR 12.71,
re a a Director easement. We made no changes based 'Administrative and Audit
to the authority h tonal conduct on d grant delegated lra pr egated a few on this comment. Requirements and Cost Principles for
Regional with only Comment 30: Define "concurrent right Assistance Programs'."
exceptions. The definition of "Regional to hold."
Director" at § 80.2 includes his or her Response 30: We defined the term at Required Determinations
designated representative, and Regional the new § 80.131(b)(2). Regulatory Planning and Review (E.O.
Directors have generally delegated most 12866)
decisions on grant programs to the Section 80.132 Does an agency have to
chiefs of their Regional Wildlife and control the land or water where it The Office of Management and Budget
Sport Fish Restoration Program completes capital improvements? (OMB) has determined that this rule is
Divisions. We will consider proposing See Comments 31 and 32 and our not significant and has not reviewed
criteria for approval of the matching responses. this rule under E.O. 12866. OMB bases
method of using program income during its determination on the following four
Section 80.134 How must an agency criteria:
the next revision of 50 CFR 80 so the use real property? a. Whether the rule will have an
public will have the opportunity to offer
comments. We made no changes based Comment 31: Instead of requiring a annual effect of $100 million or more on
on these comments. grantee to use real property for the uses the economy or adversely affect an
in the grant, the regulation should state economic sector, productivity, jobs, the
Subpart J — Real Property that the property must continue to serve environment, or other units of the
Section 80.130 Does an agency have to the purpose of the grant and must be government.
hold title to real property acquired used for the administration of the fish b. Whether the rule will create
under a grant? and wildlife programs. inconsistencies with other Federal
Response 31: The new § 80.134(a) agencies' actions.
Comment 28: Do not restrict a State states, "If a grant funds acquisition of an c. Whether the rule will materially
agency's ability in § 80.130 to carry out interest in a parcel of land or water, the affect entitlements, grants, user fees,
a grant- funded project on lands to State fish and wildlife agency must use loan programs, or the rights and
which it does not have title. States may it for the purpose authorized in the obligations of their recipients.
want to use grant funds to manage grant." The requirement to use property d. Whether the rule raises novel legal
wildlife on Federal lands under the for the administration of fish and or policy issues.
terms of a cooperative agreement. wildlife programs applies only if: (a)
Response 28: Both §§80.130 and The administration of fish and wildlife Regulatory Flexibility Act (5 U.S.C. 601
80.132 relate to the commenter's programs is a purpose of the grant- et seq.)
concern. We based these sections on 16 funded project that acquired, The Regulatory Flexibility Act
U.S.C. 777g(a), 43 CFR 12.71(a) and (b), completed, operated, or maintained the requires an agency to consider the
and the current regulation at § 80.20, real property; or (b) license revenue impact of final rules on small entities,
which has been part of 50 CFR part 80 funded all or part of the project [see the i.e., small businesses, small
with only a minor change since 1982. proposed 50 CFR 80.10(c)(2)]. We made organizations, and small government
The final rule does not affect an no changes based on this comment. jurisdictions. If there is a significant
agency's ability to manage Federal lands Comment 32: Clarify that grant economic impact on a substantial
cooperatively if this management does projects on property other than that number of small entities, the agency
not include the completion of a capital acquired with grant funds fall within must perform a Regulatory Flexibility
improvement. the requirements of § 80.134. Analysis. This is not required if the
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46155
head of an agency certifies the rule organizations to share rights or economic effect on a substantial number
would not have a significant economic responsibilities for easements acquired of small entities.
impact on a substantial number of small under grants for the mutual benefit of b. The regulation does not require a
entities. The Small Business Regulatory both parties. This addition would small government agency plan or any
Enforcement Fairness Act (SBREFA) benefit the small entities that enter into other requirement for expenditure of
amended the Regulatory Flexibility Act these agreements voluntarily. local funds.
to require Federal agencies to state the g. Reword and reorganize the c. The programs governed by the
factual basis for certifying that a rule regulation to make it easier to current regulations and enhanced by the
would not have a significant economic understand. Any impact on the small changes potentially assist small
impact on a substantial number of small entities that voluntarily become governments financially when they
entities. subgrantees of agencies would be occasionally and voluntarily participate
We have examined this final rule's beneficial. as subgrantees of an agency.
potential effects on small entities as The Service has determined that the d. The final rule clarifies and
required by the Regulatory Flexibility changes primarily impact State enhances the current regulations
Act. We have determined that the governments. The small entities affected allowing State, local, and tribal
changes in the final rule will not have by the changes are primarily governments, and the private sector to
a significant impact and do not require concessioners, cooperative farmers, receive the benefits of grant funding in
a Regulatory Flexibility Analysis cooperative ranchers, and subgrantees a more flexible, efficient, and effective
because the changes: who voluntarily enter into mutually manner. They may receive these
a. Give information to State fish and beneficial relationships with an agency. benefits as a subgrantee of a State fish
wildlife agencies that allows them to The impact on small entities would be and wildlife agency, a cooperating
apply for and administer grants more very limited and beneficial in all cases. farmer or rancher, a concessioner, a
easily, more efficiently, and with greater Consequently, we certify that because concurrent holder of a grant- acquired
flexibility. Only State fish and wildlife this final rule would not have a easement, or a holder of enforcement
agencies may receive grants in the three significant economic effect on a rights under an easement.
programs affected by this regulation, but substantial number of small entities, a e. Any costs incurred by a State, local,
small entities sometimes voluntarily Regulatory Flexibility Analysis is not and tribal government, or the private
become subgrantees of agencies. Any required. sector are voluntary. There are no
impact on these subgrantees would be In addition, this final rule is not a mandated costs associated with the final
beneficial. major rule under SBREFA (5 U.S.C. rule.
b. Address changes in law and 804(2)) and would not have a significant f. The benefits of grant funding
regulation. This rule helps grant impact on a substantial number of small outweigh the costs. The Federal
applicants and recipients by making the entities because it does not: Government provides up to 75 percent
regulations consistent with current a. Have an annual effect on the of the cost of each grant to the 50 States
standards. Any impact on small entities economy of $100 million or more. in the three programs affected by the
that voluntarily become subgrantees of b. Cause a major increase in costs or final rule. The Federal Government may
agencies would be beneficial. prices for consumers; individual also provide up to 100 percent of the
c. Change three provisions on license industries; Federal, State, or local cost of each grant to the
certification adopted in a final rule government agencies; or geographic Commonwealths of Puerto Rico and the
published on July 24, 2008, based on regions. Northern Mariana Islands, the District of
subsequent experience. These changes c. Have significant adverse effects on Columbia, and the territories of Guam,
would impact only agencies and not competition, employment, investment, the U.S. Virgin Islands, and American
small entities. productivity, innovation, or the ability Samoa. All 50 States and other eligible
d. Clarify additional issues in the of U.S. -based enterprises to compete jurisdictions voluntarily apply for grants
Pittman- Robertson Wildlife Restoration with foreign -based enterprises. in these programs each year. This rate
Act and Dingell - Johnson Sport Fish Unfunded Mandates Reform Act of participation is clear evidence that
Restoration Act. This clarification will the benefits of grant funding outweigh
help agencies comply with statutory The Unfunded Mandates Reform Act the costs.
requirements and increase awareness of of 1995 (2 U.S.C. Ch. 25; Pub. L. 104 g. This final rule would not produce
alternatives available under the law. 4) establishes requirements for Federal a Federal mandate of $100 million or
Any impact on small entities that agencies to assess the effects of their greater in any year, i.e., it is not a
voluntarily become subgrantees of regulatory actions on State, local, and "significant regulatory action" under
agencies would be beneficial. tribal governments and the private the Unfunded Mandates Reform Act.
e. Clarify that (1) cooperative farming sector. The Act requires each Federal
or grazing arrangements and (2) sales agency, to the extent permitted by law, Takings
receipts retained by concessioners or to prepare a written assessment of the This final rule does not have
contractors are not program income. effects of a final rule with Federal significant takings implications under
This clarification allows States to mandates that may result in the E.O. 12630 because it does not have a
expand projects with small businesses expenditure by State, local, and tribal provision for taking private property.
and farmers without making these governments, in aggregate, or by the Therefore, a takings implication
cooperative arrangements or sales private sector, of $100 million or more assessment is not required.
receipts subject to program income (adjusted annually for inflation) in any Federalism
restrictions. This clarification would be one year. We have determined the
potentially beneficial to the small following under the Unfunded This final rule does not have
entities that voluntarily become Mandates Reform Act (2 U.S.C. 1501 et sufficient Federalism effects to warrant
cooperative farmers, cooperative seq.): preparation of a Federalism assessment
ranchers, and concessioners. a. As discussed in the determination under E.O. 13132. It will not interfere
f. Add information that allows States for the Regulatory Flexibility Act, this with the States' ability to manage
to enter into agreements with nonprofit final rule would not have a significant themselves or their funds. We work
46156 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
closely with the States in administration and (d) reporting on the use of Federal Energy Supply, Distribution, or Use
of these programs, and they helped us funds, match, and program income. (E.O. 13211)
identify those sections of the current OMB approved three other
pp E.O. 13211 addresses regulations that
regulations in need of change and new
issues in need of clarification through information collections in the final rule significantly affect energy supply,
regulation. In drafting the final rule, we under control number 1018 - 0109, but distribution, and use and requires
received comments from committees of has not approved Governmentwide agencies to prepare Statements of
the Association of Fish and Wildlife standard forms for these collections. Energy Effects when undertaking certain
Agencies and from the Joint Federal/ The purposes of these information actions. This rule is not a significant
State Task Force on Federal Assistance collections are to provide the Service regulatory action under E.O. 12866 and
Policy. The Director of the U.S. Fish and with: (a) A project statement in support will not affect energy supplies,
Wildlife Service and the President of the of a grant application, (b) a report on distribution, or use. Therefore, this
Association of Fish and Wildlife progress in completing a grant - funded action is not a significant energy action
Agencies jointly chartered the Joint project, and (c) a request to approve an and no Statement of Energy Effects is
Federal /State Task Force on Federal update or another change in information required.
Assistance Policy in 2002 to identify provided in a previously approved List of Subjects in 50 CFR Part 80
issues of national concern in the three application. OMB authorized these
grant programs affected by the final rule. information collections in its Circular Education, Fish, Fishing, Grants
Civil Justice Re f o rm A - 102 . administration, Grant programs,
1 Hunting, Natural resources, Real
The Acts and the current 50 CFR acquisition, Recreation and
The Office of the Solicitor has 80.10 authorize the eighth information property q
determined under E.O. 12988 that the recreation areas, Signs and symbols,
collection. This collection allows the
rule would not unduly burden the Wildlife.
Service to learn the number of people
judicial system and meets the who have a paid license to hunt and the Final Regulation Promulgation
requirements of sections 3(a) and 3(b)(2) number of people who have a paid
of the Order. The final rule will benefit For the reasons discussed in the
grantees because it: license to fish in each State during a preamble, we amend title 50 of the Code
a. Updates the regulations to reflect State - specified certification year. The of Federal Regulations, chapter I,
changes in policy and practice during Service uses this information in subchapter F, by revising part 80 to read
the past 25 years; statutory formulas to apportion funds in as set forth below:
b. Makes the regulations easier to use the Wildlife Restoration and Sport Fish
and understand by improving the Restoration programs among the States. Title 50— Wildlife and Fisheries
organization and using plain language; OMB approved this information
c. Modifies four provisions in the collection on forms FWS 3 - 154a and 3 – PART 80 ADMINISTRATIVE
final rule to amend 50 CFR part 80 154b under control number 1018 - 0007. REQUIREMENTS, PITTMAN
published in the Federal Register at 73 The final rule does not change the ROBERTSON WILDLIFE
FR 43120 on July 24, 2008, based on information required on forms FWS 3– RESTORATION AND DINGELL-
subsequent experience; and 154a and 3 -154b. It merely establishes JOHNSON SPORT FISH
d. Addresses four new issues that a common approach for States to assign RESTORATION ACTS
State fish and wildlife agencies raised in license holders to a certification year. Subpart A — General
response to the proposed rule to amend National Environmental Policy Act Sec.
50 CFR part 80 published in the Federal 80.1 What does this part do?
Register at 73 FR 24523, May 5, 2008. We have analyzed this rule under the 80.2 What terms do I need to know?
Paperwork Reduction Act National Environmental Policy Act 42 Subpart B —State Fish and Wildlife Agency
U.S.C. 432 - 437(0 and part 516 of the Eligibility
We examined the final rule under the Departmental Manual. This rule does 80 Who is eligible to receive the benefits
Paperwork Reduction Act (44 U.S.C. not constitute a major Federal action of the Acts?
3501 et seq.). We may not collect or significantly affecting the quality of the 80.11 How does a State become ineligible to
sponsor and you are not required to human environment. An environmental receive the benefits of the Acts?
respond to a collection of information impact statement/assessment is not 80.12 Does an agency have to confirm that
unless it displays a current OMB control required due to the categorical it wants to receive an annual
number. The final rule at 50 CFR 80.160 exclusion for administrative changes apportionment of funds?
describes eight information collections. provided at 516 DM 8.5A(3). Subpart C — License Revenue
All of these collections request
information from State fish and wildlife Government -to- Government 80.20 What does revenue from hunting and
agencies, and all have current OMB Relationship With Tribes fishing licenses include?
control numbers. 80 What if a State diverts license
We have potential effects revenue from the control of its fish and
e ave evauate
OMB authorized and approved p wildlife agency?
Governmentwide standard forms for on federally recognized Indian tribes 80.22 What must a State do to resolve a
four of the eight information collections. under the President's memorandum of declaration of diversion?
These four information collections are April 29, 1994, "Government - to - 80.23 Does a declaration of diversion affect
for the purposes of: (a) Application for Government Relations with Native a previous Federal obligation of funds?
a grant; (b) assurances related to American Tribal Governments" (59 FR Subpart D-- Certification of License Holders
authority, capability, and legal 22951), E.O. 13175, and 512 DM 2. We 80.30 Why must an agency certify the
compliance for nonconstruction have determined that there are no number of paid license holders?
programs, (c) assurances related to potential effects. This final rule will not 80.31 How does an agency certify the
authority, capability, and legal interfere with the tribes' ability to number of paid license holders?
compliance for construction programs; manage themselves or their funds. 80.32 What is the certification period?
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46157
80.33 How does an agency decide who to 80.83 What is the Federal share of Subpart L- Information Collection
count as paid license holders in the allowable costs? 80.160 What are the information collection
annual certification? 80.84 How does the Service establish the requirements of this part?
80.34 How does an agency calculate net non - Federal share of allowable costs?
revenue from a license? 80.85 What requirements apply to match? Authority: 16 U.S.C. 669 -669k; 16 U.S.C.
80.35 What additional requirements apply 777 -777n, except 777e -1 and g -1.
to multiyear licenses? Subpart H- General Grant Administration
80.36 May an agency count license holders 80.90 What are the grantee's Subpart A - General
in the annual certification if the agency responsibilities?
receives funds from the State to cover 80.91 What is a Federal obligation of funds § 80.1 What does this part do?
their license fees? and how does it occur? This part of the Code of Federal
80.37 What must an agency do if it becomes 80.92 How long are funds available for a Regulations tells States how they may:
aware of errors in its certified license Federal obligation? (a) Use revenues derived from State
data? 80.93 When may an agency incur costs hunting and fishing licenses in
80.38 May the Service recalculate an under a grant? compliance with the Acts.
apportionment if an agency submits 80.94 May an agency incur costs before the
revised data? Y g Y (b) Receive annual apportionments
80.39 May the Director correct a Service beginning of the grant period? from the Federal Aid to Wildlife
error in apportioning funds? 80.95 How does an agency receive Federal Restoration Fund (16 U.S.C. 669(b)), if
grant funds? authorized, and the Sport Fish
Subpart E- Eligible Activities 80.96 May an agency use Federal funds Restoration and Boating Trust Fund (26
80.50 What activities are eligible for without using match?
g 80.97 May agency barter goods or U.S.0 9504).
funding under the Pittman- Robertson Y an g enc Y g
Wildlife Restoration Act? services to carry out a grant- funded (c) Receive financial assistance from
80.51 What activities are eligible for project? the Wildlife Restoration program, the
funding under the Dingell- Johnson Sport 80.98 How must an agency report barter Basic Hunter Education and Safety
Fish Restoration Act? transactions? subprogram, and the Enhanced Hunter
80.52 May an activity be eligible for 80.99 Are symbols available to identify Education and Safety grant program, if
funding if it is not explicitly eligible in projects? authorized.
this part? 80.100 Does an agency have to display one (d) Receive financial assistance from
80.53 Are costs of State central services of the symbols in this part on a the Sport Fish Restoration program, the
eligible for funding? completed project? Recreational Boating Access
80.54 What activities are ineligible for
funding? Subpart I- Program Income subprogram, the Aquatic Resources
80.55 May an agency receive a grant to 80.120 What is program income? Education subprogram, and the
carry out part of a larger project? 80.121 May an agency earn program Outreach and Communications
80.56 How does a proposed project qualify income? subprogram.
as substantial in character and design? 80.122 May an agency deduct the costs of (e) Comply with the requirements of
Subpart F- Allocation of Funds by an generating program income from gross the Acts.
Agency income?
80.123 How may an agency use program § 80.2 What terms do I need to know?
80.60 What is the relationship between the income? The terms in this section pertain only
Basic Hunter Education and Safety 80.124 How may an agency use to the regulations in this part.
subprogram and the Enhanced Hunter unexpended program income? Acts means the Pittman Robertson
Education and Safety program? 80.125 How must an agency treat income Wildlife Restoration Act of September 2,
80.61 What requirements apply to funds for that it earns after the grant period? 1937, as amended (16 U.S.C. 669
the Recreational Boating Access 80.126 How must an agency treat income
subprogram? earned by a subgrantee after the grant and the Dingell Johnson Sport Fish
80.62 What limitations apply to spending period? Restoration Act of August 9, 1950, as
on the Aquatic Resource Education and amended (16 U.S.C. 777 -777n, except
the Outreach and Communications Subpart J -Real Property 777e -1 and g - 1).
subprograms? 80.130 Does an agency have to hold title to Agency means a State fish and
80.63 Does an agency have to allocate costs real property acquired under a grant? wildlife agency.
in multipurpose projects and facilities? 80.131 Does an agency have to hold an Angler means a person who fishes for
80.64 How does an agency allocate costs in easement acquired under a grant? sport fish for recreational purposes as
multipurpose projects and facilities? 80.132 Does an agency have to g control the p p p
80.65 Does an agency have to allocate funds g Y ave permitted by State law.
between marine and freshwater fisheries land or water where it completes capital Capital improvement. (1) Capital
projects? improvements? improvement means:
80.66 What requirements apply to 80.133 Does an agency have to maintain (i) A structure that costs at least
allocation of funds between marine and acquired or completed capital
freshwater fisheries projects? improvements? $10,000 to build; or
80.67 May an agency finance an activity 80.134 How must an agency use real (ii) The alteration, renovation, or
from more than one annual property? repair of a structure if it increases the
apportionment? 80.135 What if an agency allows a use of structure's useful life or its market value
80.68 What requirements apply to financing real property that interferes with its by at least $10,000.
an activity from more than one annual authorized purpose? (2) An agency may use its own
apportionment? 80.136 Is it a diversion if an agency does definition of capital improvement if its
Subpart G- Application for a Grant not use grant- acquired real property for definition includes all capital
its authorized purpose? improvements as defined here.
80.80 How does an agency apply for a 80.137 What if real property is no longer Comprehensive management system
grant? useful or needed for its original purpose? is a State fish and wildlife agency's
80.81 What must an agency submit when Subpart K- Revisions and Appeals method of operations that links
applying for a comprehensive-
management- system grant? 80.150 How does an agency ask for revision programs, financial systems, human
80.82 What must an agency submit when of a grant? resources, goals, products, and services.
applying for a project -by- project grant? 80.151 May an agency appeal a decision? It assesses the current, projected, and
46158 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
desired status of fish and wildlife; it the legal entity and is accountable for under a comprehensive management
develops a strategic plan and carries it the use of Federal funds, matching system grant.
out through an operational planning funds, and matching in -kind Project -by- project grant means an
process; and it evaluates results. The contributions. award of money based on a detailed
planning period is at least 5 years using Lease means an agreement in which statement of a project or projects and
a minimum 15 -year projection of the the owner of a fee interest transfers to other supporting documentation.
desires and needs of the State's citizens. a lessee the right of exclusive possession Real property means one, several, or
A comprehensive- management- system and use of an area of land or water for all interests, benefits, and rights
grant funds all or part of a State's a fixed period, which may be renewable. inherent in the ownership of a parcel of
comprehensive management system. The lessor cannot readily revoke the land or water. Examples of real property
Construction means the act of lease at his or her discretion. The lessee include fee and leasehold interests,
building or significantly renovating, pays rent periodically or as a single conservation easements, and mineral
altering, or repairing a structure. payment. The lessor must be able to rights.
Acquiring, clearing, and reshaping land regain possession of the lessee's interest (1) A parcel includes (unless limited
and demolishing structures are types or (leasehold interest) at the end of the by its legal description) the air space
phases of construction. Examples of lease term. An agreement that does not above the parcel, the ground below it,
structures are buildings, roads, parking correspond to this definition is not a and anything physically and firmly
lots, utility lines, fences, piers, wells, lease even if it is labeled as one. attached to it by a natural process or
pump stations, ditches, dams, dikes, Match means the value of any non- human action. Examples include
water - control structures, fish - hatchery Federal in -kind contributions and the standing timber, other vegetation
raceways, and shooting ranges. portion of the costs of a grant- funded (except annual crops), buildings, roads,
Director means: project or projects not borne by the fences, and other structures.
(1) The person whom the Secretary: Federal Government. (2) A parcel may also have rights
(i) Appointed as the chief executive Personal property means anything attached to it by a legally prescribed
official of the U.S. Fish and Wildlife tangible or intangible that is not real procedure. Examples include water
Service, and property. rights or an access easement that allows
(ii) Delegated authority to administer (1) Tangible personal property the parcel's owner to travel across an
the Acts nationally; or includes: adjacent parcel.
(2) A deputy or another person (i) Objects, such as equipment and (3) The legal classification of an
authorized temporarily to administer supplies, that are moveable without interest, benefit, or right depends on its
the Acts nationally. substantive damage to the land or any attributes rather than the name assigned
Diversion means any use of revenue structure to which they may be to it. For example, a grazing "lease" is
from hunting and fishing licenses for a attached; often a type of personal property known
purpose other than administration of the (ii) Soil, rock, gravel, minerals, gas, as a license, which is described in the
State fish and wildlife agency. oil, or water after excavation or definition of personal property in this
Fee interest means the right to extraction from the surface or section.
possession, use, and enjoyment of a subsurface; Regional Director means the person
parcel of land or water for an indefinite (iii) Commodities derived from trees appointed by the Director to be the chief
period. A fee interest, as used in this or other vegetation after harvest or executive official of one of the Service's
part, may be the: separation from the land; and geographic Regions, or a deputy or
(1) Fee simple, which includes all (iv) Annual crops before or after another person temporarily authorized
possible interests or rights that a person harvest. to exercise the authority of the chief
can hold in a parcel of land or water; or (2) Intangible personal property executive official of one of the Service's
(2) Fee with exceptions to title, which includes: geographic Regions. This person's
excludes one or more real property (i) Intellectual property, such as responsibility does not extend to any
interests that would otherwise be part of patents or copyrights; administrative units that the Service's
the fee simple. (ii) Securities, such as bonds and Washington Office supervises directly
Grant means an award of money, the interest - bearing accounts; and in that geographic Region.
principal purpose of which is to transfer (iii) Licenses, which are personal Secretary means the person appointed
funds or property from a Federal agency privileges to use an area of land or water by the President to direct the operation
to a grantee to support or stimulate an with at least one of the following of the Department of the Interior, or a
authorized public purpose under the attributes: deputy or another person who is
Acts. This part uses the term grant for (A) Are revocable at the landowner's temporarily authorized to direct the
both a grant and a cooperative discretion; operation of the Department.
agreement for convenience of reference. (B) Terminate when the landowner Service means the U.S. Fish and
This use does not affect the legal dies or the area of land or water passes Wildlife Service.
distinction between the two to another owner; or Sport fish means aquatic, gill -
instruments. The meaning of grant in (C) Do not transfer a right of exclusive breathing, vertebrate animals with
the terms grant funds, grant-funded, use and possession of an area of land or paired fins, having material value for
under a grant, and under the grant water. recreation in the marine and fresh
includes the matching cash and any Project means one or more related waters of the United States.
matching in -kind contributions in undertakings in a project -by- project State means any State of the United
addition to the Federal award of money. grant that are necessary to fulfill a need States, the Commonwealths of Puerto
Grantee means the State fish and or needs, as defined by a State fish and Rico and the Northern Mariana Islands,
wildlife agency that applies for the grant wildlife agency, consistent with the and the territories of Guam, the U.S.
and carries out grant- funded activities purposes of the appropriate Act. For Virgin Islands, and American Samoa.
in programs authorized by the Acts. The convenience of reference in this part, State also includes the District of
State fish and wildlife agency acts on the meaning of project includes an Columbia for purposes of the Dingell -
behalf of the State government, which is agency's fish and wildlife program Johnson Sport Fish Restoration Act, the
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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46159
Sport Fish Restoration program, and its (2) Used only for administration of the (g) Payments received for services
subprograms. State does not include the State fish and wildlife agency, which funded by license revenue.
District of Columbia for purposes of the includes only the functions required to
Pittman - Robertson Wildlife Restoration manage the agency and the fish- and § 80.21 What if a State diverts license
Act and the programs and subprogram wildlife - related resources for which the revenue from the control of its fish and
p � p ro � wildlife agency?
under the Act because the Pittman- agency has authority under State law. The Director may declare a State to be
Robertson Wildlife Restoration Act does
not authorize funding for the District. §80.11 How does a State become in diversion if it violates the
References to "the 50 States" apply only ineligible to receive the benefits of the requirements of § 80.10 by diverting
to the 50 States of the United States and Acts? license revenue from the control of its
do not include the Commonwealths of A State becomes ineligible to receive fish and wildlife agency to purposes
Puerto Rico and the Northern Mariana the benefits of the Acts if it: other than the agency's administration.
Islands, the District of Columbia, or the (a) Fails materially to comply with The State is then ineligible to receive
territories of Guam, the U.S. Virgin any law, regulation, or term of a grant benefits under the relevant Act from the
Islands, and American Samoa. as it relates to acceptance and use of date the Director signs the declaration
State fish and wildlife agency means funds under the Acts; until the State resolves the diversion.
the administrative unit designated by (b) Does not have legislation required Only the Director may declare a State to
State law or regulation to carry out State at § 80.10 or passes legislation contrary be in diversion, and only the Director
laws for management of fish and to the Acts; or may rescind the declaration.
wildlife resources. If an agency has (c) Diverts hunting and fishing license 80.22 What must a State do to resolve a
revenue from: §
other jurisdictional responsibilities, the (1) The control of the State fish and declaration of diversion?
agency is considered the State fish and wildlife agency; or The State must complete the actions
wildlife agency only when exercising (2) Purposes other than the agency's in paragraphs (a) through (e) of this
responsibilities specific to management administration. section to resolve a declaration of
of the State's fish and wildlife resources. diversion. The State must use a source
Subaccount means a record of § 80.12 Does an agency have to confirm of funds other than license revenue to
financial transactions for groups of that it wants to receive an annual fund the replacement of license
similar activities based on programs and apportionment of funds? revenue.
subprograms. Each group has a unique No. However, if a State fish and (a) If necessary, the State must enact
number. Different subaccounts also wildlife agency does not want to receive adequate legislative prohibitions to
distinguish between benefits to marine the annual apportionment of funds, it prevent diversions of license revenue.
or freshwater fisheries in the programs must notify the Service in writing (b) The State fish and wildlife agency
and subprograms authorized by the within 60 days after receiving a must replace all diverted cash derived
Dingell - Johnson Sport Fish Restoration preliminary certificate of from license revenue and the interest
Act. apportionment. lost up to the date of repayment. It must
Useful life means the period during enter into State records the receipt of
which a federally funded capital Subpart C— License Revenue this cash and interest.
improvement is capable of fulfilling its § 80.20 What does revenue from hunting (c) The agency must receive either the
intended purpose with adequate routine and fishing licenses include? revenue earned from diverted property
maintenance. Hunting and fishing license revenue during the period of diversion or the
Wildlife means the indigenous or includes: current market rental rate of any
naturalized species of birds or mammals (a) All proceeds from State - issued diverted property, whichever is greater.
that are either: general or special hunting and fishing (d) The agency must take one of the
(1) Wild and free ranging; licenses, permits, stamps, tags, access following actions to resolve a diversion
(2) Held in a captive breeding and use fees, and other State charges to of real, personal, or intellectual
program established to reintroduce hunt or fish for recreational purposes. property:
individuals of a depleted indigenous Revenue from licenses sold by vendors (1) Regain management control of the
species into previously occupied range; is net income to the State after property, which must be in about the
or deducting reasonable sales fees or same condition as before diversion;
(3) Under the jurisdiction of a State
fish and wildlife agency. similar amounts retained by vendors. (2) Receive replacement property that
(b) Real or personal property acquired meets the criteria in paragraph (e) of this
Subpart B — State Fish and Wildlife with license revenue. section; or
Agency Eligibility (c) Income from the sale, lease, or (3) Receive a cash amount at least
rental of, granting rights to, or a fee for equal to the current market value of the
§ 80.10 Who is eligible to receive the access to real or personal property diverted property only if the Director
benefits of the Acts? acquired or constructed with license agrees that the actions described in
States acting through their fish and revenue. paragraphs (d)(1) and (d)(2) of this
wildlife agencies are eligible for benefits (d) Income from the sale, lease, or section are impractical.
of the Acts only if they pass and rental of, granting rights to, or a fee for (e) To be acceptable under paragraph
maintain legislation that: access to a recreational opportunity, (d)(2) of this section:
(a) Assents to the provisions of the product, or commodity derived from (1) Replacement property must have
Acts; real or personal property acquired, both:
(b) Ensures the conservation of fish managed, maintained, or produced by (i) Market value that at least equals
and wildlife; and using license revenue. the current market value of the diverted .
(c) Requires that revenue from (e) Interest, dividends, or other property; and
hunting and fishing licenses be: income earned on license revenue. (ii) Fish or wildlife benefits that at
(1,) Controlled only by the State fish (f) Reimbursements for expenditures least equal those of the property
and wildlife agency; and originally paid with license revenue. diverted.
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46160 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
(2) The Director must agree that the holders by responding to the Director's (2) Before completing the first
replacement property meets the annual request for the following certification following any change in the
requirements of paragraph (e)(1) of this information: licensing system that could affect the
section. (1) The number of people who have number of license holders.
paid licenses to hunt in the State during
§ 80.23 Does a declaration of diversion the State - specified certification period § 80.32 What is the certification period?
affect a previous Federal obligation of
funds? (certification period); and A certification period must:
(2) The number of people who have (a) Be 12 consecutive months;
No. Federal funds obligated before the paid licenses to fish in the State during (b) Correspond to the State's fiscal
date that the Director declares a the certification period. year or license year;
diversion remain available for (b) The agency director or his or her (c) Be consistent from year to year
expenditure without regard to the designee: unless the Director approves a change;
intervening period of the State's (1) Must certify the information at and
ineligibility. See § 80.91 for when a paragraph (a) of this section in the
Federal obligation occurs. format that the Director specifies; (d) End at least 1 year and no more
(2) Must provide documentation to than 2 years before the beginning of the
Subpart D— Certification of License support the accuracy of this information Federal fiscal year in which the
Holders at the Director's request; apportioned funds first become
(3) Is responsible for eliminating available for expenditure.
§ 80.30 Why must an agency certify the multiple counting of the same
number of paid license holders? § 80.33 How does an agency decide who
individuals in the information that he or to count as paid license holders in the
A State fish and wildlife agency must she certifies; and annual certification?
certify the number of people having (4) May use statistical sampling, (a) A State fish and wildlife agency
paid licenses to hunt and paid licenses automated record consolidation, or must count only those people who have
to fish because the Service uses these other techniques approved by the
data in statutory formulas to apportion Director for this purpose. a license issued:
funds in the Wildlife Restoration and (c) If an agency director uses (1) In the license holder's name; or
Sport Fish Restoration programs among statistical sampling to eliminate (2) With a unique identifier that is
the States. multiple counting of the same traceable to the license holder, who
individuals, he or she must ensure that must be verifiable in State records.
§ 80.31 How does an agency certify the the sampling is complete by the earlier (b) An agency must follow the rules
number of paid license holders? of the following: in this table in deciding how to count
(a) A State fish and wildlife agency (1) Five years after the last statistical license holders in the annual
certifies the number of paid license sample; or certification:
Type of license holder 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. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46161
§ 80.35 What additional requirements that the State may increase or decrease § 80.39 May the Director correct a Service
apply to multiyear licenses? if it chooses to do so. error in apportioning funds?
The following additional (2) Some State - provided funds are Yes. The Director may correct any
requirements apply to multiyear from special taxes, trust funds, gifts, error that the Service makes in
licenses: bequests, or other sources specifically apportioning funds.
(a) A multiyear license may be valid dedicated to the support of the State fish
for either a specific or indeterminate and wildlife agency. These funds Subpart E — Eligible Activities
number of years, but it must be valid for typically fluctuate annually due to § 80.50 What activities are eligible for
at least 2 years. interest rates, sales, or other factors. funding under the Pittman- Robertson
(b) The agency must receive net They are not discretionary funds for Wildlife Restoration Act?
revenue from a multiyear license that is purposes of this part as long as the State The following activities are eligible
in close approximation to the net does not take any action to reduce the for funding under the Pittman-
revenue received for a single -year amount available to its fish and wildlife Robertson Wildlife Restoration Act:
license providing similar privileges: agency. (a) Wildlife Restoration program.
(1) Each year during the license
period; or (d) The agency must receive State (1) Restore and manage wildlife for
(2) At the time of sale as if it were a funds that are at least equal to the fees the benefit of the public.
single - payment annuity, which is an charged for the single -year license (2) Conduct research on the problems
investment of the license fee that results providing similar privileges. If the State of managing wildlife and its habitat if
in the agency receiving at least the does not have a single -year license necessary to administer wildlife
minimum required net revenue for each Providing similar privileges, the resources efficiently.
year of the license period. Director must approve the fee paid by (3) Obtain data to guide and direct the
(c) An agency may spend a multiyear the State for those license holders. regulation of hunting.
license fee as soon as the agency (e) The agency must receive and (4) Acquire real property suitable or
receives it as long as the fee provides account for the State funds as license capable of being made suitable for:
the minimum required net revenue for revenue. (i) Wildlife habitat; or
the license period. (f) The agency must issue licenses in (ii ) Public access for hunting or other
wildlife- oriented recreation.
(d) The agency must count only the the license holder's name or by using a (5) Restore, rehabilitate, improve, or
licenses that meet the minimum unique identifier that is traceable to the manage areas of lands or waters as
required net revenue for the license license holder, who must be verifiable wildlife habitat.
period based on: in State records.
ui Build goods, and or services (1) The duration of the license in the ear license with a (g) The license fees must meet all equipment, goods, and services to:
case of a multiyear other requirements of 50 CFR 80. (i) Restore, rehabilitate, or improve
specified ending date; or lands or waters as wildlife habitat; or
(2) Whether the license holder § 80.37 What must an agency do if it (ii) Provide public access for hunting alive. becomes aware of errors in its certified P g
(e) The agency must obtain the license data? or other wildlife- oriented recreation.
Director's approval of its proposed A State fish and wildlife agency must
(7) r o ec to that the
ue to decide how many submit revised certified data on paid (i) Projects ty t completed the feted fish and
technique Y P wildlife agency completed under the
multiyear- license holders remain alive license holders within 90 days after it Pittman- Robertson Wildlife Restoration
in the certification period. Some becomes aware of errors in its certified Act; or
examples of techniques are statistical data. The State may become ineligible to (ii) Facilities that the agency acquired
sampling, life- expectancy tables, and participate in the benefits of the relevant or constructed with funds other than
mortality tables. Act if it becomes aware of errors in its those authorized under the Pittman-
§ 80.36 May an agency count license certified data and does not resubmit Robertson Wildlife Restoration Act if
holders in the annual certification if the accurate certified data within 90 days these facilities are necessary to carry out
agency receives funds from the State to § 80.38 May the Service recalculate an activities authorized by the Pittman
cover their license fees? Robertson Wildlife Restoration Act.
apportionment if an agency submits revised
If a State fish and wildlife agency data? (8) Coordinate grants in the Wildlife
receives funds from the State to cover Restoration program and related
The Service may recalculate an
fees for some license holders, the agency a ortionment of funds based on programs and subprograms.
may count those license holders in the PP (b) Wildlife Restoration —Basic Hunter
revised certified license data under the
annual certification only under the following conditions: Education and Safety subprogram.
following conditions: (1) Teach the skills, knowledge, and
(a) The State funds to cover license (a) If the Service receives revised attitudes necessary to be a responsible
fees must come from a source other than certified data for a pending hunter.
hunting- and fishing - license revenue. apportionment before the Director (2) Construct, operate, or maintain
(b) The State must identify funds to approves the final apportionment, the firearm and archery ranges for public
cover license fees separately from other Service may recalculate the pending use.
funds provided to the agency. apportionment. (c) Enhanced Hunter Education and
(c) The agency must receive at least (b) If the Service receives revised Safety program.
the average amount of State - provided certified data for an apportionment after (1) Enhance programs for hunter
discretionary funds that it received for the Director has approved the final education, hunter development, and
the administration of the State's fish and version of that apportionment, the firearm and archery safety. Hunter -
wildlife agency during the State's five Service may recalculate the final development programs introduce
previous fiscal years. apportionment only if it would not individuals to and recruit them to take
(1) State - provided discretionary funds reduce funds to other State fish and part in hunting, bow hunting, target
are those from the State's general fund wildlife agencies. shooting, or archery.
46162 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
(2) Enhance interstate coordination of pumps or receives sewage from a type explicitly designate it as an eligible
hunter - education and firearm- and III marine sanitation device that the U.S. activity if:
archery -range programs. Coast Guard requires on some vessels. A (a) The State fish and wildlife agency
(3) Enhance programs for education, dump station, also referred to as a justifies in the project statement how
safety, or development of bow hunters, "waste reception facility," is the activity will help carry out the
archers, and shooters. specifically designed to receive waste purposes of the Pittman - Robertson
(4) Enhance construction and from portable toilets on vessels. Wildlife Restoration Act or the Dingell -
development of firearm and archery (10) Operate or maintain: Johnson Sport Fish Restoration Act; and
ranges. (i) Projects that the State fish and (b) The Regional Director concurs
(5) Update safety features of firearm wildlife agency completed under the with the justification.
and archery ranges. Dingell - Johnson Sport Fish Restoration §80.53 Are costs of State central services
Act; or g y acquired eligible for funding?
§ 80.51 What activities are eligible for (ii) Facilities that the a enc ac uire g 9 '
funding under the Dingell Johnson Sport or constructed with funds other than Administrative costs in the form of
Fish Restoration Act? those authorized by the Dingell - Johnson overhead or indirect costs for State
The following activities are eligible Sport Fish Restoration Act if these central services outside of the State fish
for funding under the Dingell - Johnson facilities are necessary to carry out and wildlife agency are eligible for
Sport Fish Restoration Act: activities authorized by the Act. funding under the Acts and must follow
(a) Sport Fish Restoration program. (11) Coordinate grants in the Sport an approved cost allocation plan. These
(1) Restore and manage sport fish for Fish Restoration program and related expenses must not exceed 3 percent of
the benefit of the public. programs and subprograms. the funds apportioned annually to the
(2) Conduct research on the problems (b) Sport Fish Restoration— State under the Acts.
of managing fish and their habitat and Recreational Boating Access § 80.54 What activities are ineligible for
the problems of fish culture if necessary subprogram. funding?
to administer sport fish resources (1) Acquire land for new facilities, The following activities are ineligible
efficiently. build new facilities, or acquire, g g
(3) Obtain data to guide and direct the renovate, or improve existing facilities for funding under the Acts, except when
regulation of fishing. These data may be to create or improve public access to the necessary to carry out project purposes
on: waters of the United States or improve approved by the Regional Director:
(i) Size and geographic range of sport the suitability of these waters for (a) Law enforcement activities.
fish populations; recreational boating. A broad range of (b) Public relations activities to
(ii) Changes in sport fish populations access facilities and associated promote the State fish and wildlife
due to fishing, other human activities, amenities can qualify for funding, but agency, other State administrative units,
or natural causes; and they must provide benefits to or the State.
(iii) Effects of any measures or recreational boaters. "Facilities" itivities conducted producing for the
primary (d) Activities, purpose of producing ig a me.
regulations applied. includes auxiliary structures necessary
(4) Develop and adopt plans to restock to ensure safe use of recreational boating (d) Actiot protects, or programs
P P P g that promote or encourage opposition to
sport fish and forage fish in the natural access facilities. the regulated taking of fish, hunting, or
areas or districts covered by the plans; (2) Conduct surveys to determine the the trapping of wildlife.
and obtain data to develop, carry out, adequacy, number, location, and quality
and test the effectiveness of the plans. of facilities providing access to § 80.55 May an agency receive a grant to
(5) Stock fish for recreational recreational waters for all sizes of carry out part of a larger project?
purposes. recreational boats. A State fish and wildlife agency may
(6) Acquire real property suitable or (c) Sport Fish Restoration — Aquatic receive a grant to carry out part of a
capable of being made suitable for: Resource Education subprogram. larger project that uses funds unrelated
(i) Sport fish habitat or as a buffer to Enhance the public's understanding of to the grant. The grant- funded part of
protect that habitat; or water resources, aquatic life forms, and the larger project must:
(ii) Public access for sport fishing. sport fishing, and develop responsible (a) Result in an identifiable outcome
Closures to sport fishing must be based attitudes and ethics toward the aquatic consistent with the purposes of the
on the recommendations of the State environment. grant program;
fish and wildlife agency for fish and (d) Sport Fish Restoration — Outreach (b) Be substantial in character and
wildlife management purposes. and Communications subprogram. design;
(7) Restore, rehabilitate, improve, or (1) Improve communications with (c) Meet the requirements of §§ 80.130
manage: anglers, boaters, and the general public through 80.136 for any real property
(i) Aquatic areas adaptable for sport on sport fishing and boating acquired under the grant and any capital
fish habitat; or opportunities. improvements completed under the
(ii) Land adaptable as a buffer to (2) Increase participation in sport grant; and
protect sport fish habitat. fishing and boating. (d) Meet all other requirements of the
(8) Build structures or acquire .(3) Advance the adoption of sound grant program.
fishing
equipment, goods, and services to: and boating practices including
oating pracces ncuding § 80.56 How does a proposed project
(i) Restore, rehabilitate, or im rove safety.
aquatic habitat for sport fish, Orland as (4) Promote conservation and design? as s in character and
a buffer to protect aquatic habitat for responsible use of the aquatic resources
P q of the United States. A proposed project qualifies as
sport fish; or substantial in character and design if it:
(ii) Provide public access for sport § 80.52 May an activity be eligible for (a) Describes a need consistent with
fishing. funding if it is not explicitly eligible in this the Acts;
(9) Construct, renovate, operate, or part? (b) States a purpose and sets
maintain pumpout and dump stations. An activity may be eligible for objectives, both of which are based on
A pumpout station is a facility that funding even if this part does not the need;
•
Federal Register/Vol. 76, No. 147 /Monday, August 1, 2011 /Rules and Regulations 46163
(c) Uses a planned approach, Subpart F — Allocation of Funds by an subprogram (Basic Hunter Education)
appropriate procedures, and accepted Agency and the Enhanced Hunter Education
principles of fish and wildlife and Safety program (Enhanced Hunter
conservation and management, research, § What is the relationship between Education) is as follows:
OT education; and the Bas Hunter Education and Safety
subprogram and the Enhanced Hunter
(d) Is cost effective. Education and Safety program?
The relationship between the Basic
Hunter Education and Safety
Basic Hunter Education funds Enhanced Hunter Education funds
(a) Which activities are eligible for funding? Those listed at §80.50(a) and (b) Those listed at 80.50(c), but see 80.60(d)
under Basic Hunter Education funds.
(b) How long are funds available for obligation? Two Federal fiscal years One Federal fiscal year.
(c) What if funds are not fully obligated during The Service may use unobligated funds to The Service reapportions unobligated funds to
the period of availability? carry out the Migratory Bird Conservation eligible States as Wildlife Restoration funds
Act (16 U.S.C. 715 et seq.). 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).
(d) What if funds are fully obligated during the If Basic Hunter Education funds are fully obli- No special provisions apply.
period of availability? 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 allocation to at least 15 percent over a Fund for activities in both subprograms.
for the Recreational Boating Access 5 -year period. If the agencies do not The 15- percent maximum applies to
subprogram? agree: both subprograms as if they were one.
The requirements of this section (1) The Regional Director may require
apply to allocating and obligating funds States in the Re ion to make changes re by The 15-percent maximum for the
for the Recreational Boating Access g Comm subprograms Commonwealths does of Puerto apply the
g needed to achieve the minimum 15- Commonwealths of Puerto Ricc o and the
subprogram. percent Regional average before the end Northern Mariana Islands, the District of
(a) A State fish and wildlife agency of the fifth year; and Columbia, and the territories of Guam,
must allocate funds from each annual (2) The Regional Director must not the U.S. Virgin Islands, and American
apportionment under the Dingell- require a State to increase or decrease its Samoa. These jurisdictions may spend
Johnson Sport Fish Restoration Act for allocation if the State has allocated at more than 15 percent of their annual
use in the subprogram. least 15 ercent over the 5-year period.
(b) Over each 5-year period, the total p y p apportionments for both subprograms
ar a
allocation for the subprogram in a tot l (f) A Federal obligation of these with the approval of the Regional
allocated funds must occur by the end Director.
the Service's geographic regions must of the fourth consecutive Federal fiscal
average at least 15 percent of the Sport year after the Federal fiscal year in § 80.63 Does an agency have to allocate
Fish Restoration funds apportioned to which the funds first became available costs in multipurpose projects and
the States in that Region. As long as this for allocation. facilities?
requirement is met, an individual State (g) If the agency's application to use Yes. A State fish and wildlife agency
agency may allocate more or less than these funds has not led to a Federal must allocate costs in multipurpose
15 percent of its annual apportionment obligation by that time, these allocated projects and facilities. A grant- funded
in a single Federal fiscal year with the funds become available for project or facility is multipurpose if it
Regional Director's approval. reapportionment among the State fish carries out the purposes oses of:
Regional averages separate ional allocati naverages for scalculates ara and wildlife agencies for the following (a) A single grant program under the
fiscal year. gT
5 -year periods that coincide with Acts; and
Federal fiscal years 2008 -2012, 2013— § 80.62 What limitations apply to spending (b) Another grant program under the
2017, 2018 -2022, and each subsequent on the Aquatic Resource Education and the Acts, a grant program not under the
5 -year period. Outreach and Communications Acts, or an activity unrelated to grants.
(d) If the total Regional allocation for subprograms?
a 5 -year period is less than 15 percent, The limitations in this section apply § 80.64 How does an agency allocate costs
the State agencies may, in a to State fish and wildlife agency in multipurpose projects and facilities?
memorandum of understanding, agree spending on the Aquatic Resource A State fish and wildlife agency must
among themselves which of them will Education and Outreach and allocate costs in multipurpose projects
make the additional allocations to Communications subprograms. based on the uses or benefits for each
eliminate the Regional shortfall. (a) Each State's fish and wildlife purpose that will result from the
(e) This paragraph applies if State fish agency may spend a maximum of 15 completed project or facility. The
and wildlife agencies do not agree on percent of the annual amount agency must describe the method used
which of them will make additional apportioned to the State from the Sport to allocate costs in multipurpose
allocations to bring the average Regional Fish Restoration and Boating Trust 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 in freshwater environments. Agencies § 80.68 What requirements apply to
application. must use the National Survey of financing an activity from more than one
Fishing, Hunting, and Wildlife- annual apportionment?
§ 80.65 Does an agency have to allocate associated Recreation or another The following conditions apply to
funds between marine and freshwater
statistically reliable survey or technique financing an activity from more than
fisheries projects? Y Y q g Y
Yes. Each coastal State's fish and approved by the Regional Director for one annual apportionment:
agency must equitably allocate this purpose.
wildlife a (a) A State fish and wildlife agency
g Y q Y must agree to complete the project even
the funds apportioned under the (d) If an agency uses statistical
PP if Federal funds are not available. If an
Dingell - Johnson Sport Fish Restoration sampling to determine the relative agency does not complete the project, it
Act between projects with benefits for distribution of resident anglers in the must recover any expended Federal
marine fisheries and projects with State between those that fish in marine funds that did not result in
benefits for freshwater fisheries. environments and those that fish in
(a) The subprograms authorized by freshwater environments, the sampling commensurate wildlife or sport- fishery
the Dingell-Johnson S ort Fish y must be complete by the earlier of the benefits. The agency must then
P reallocate the recovered funds to
Restoration Act do not have to allocate following:
approved projects in the same program.
funding in the same manner as long as (1) Five years after the last statistical
the State fish and wildlife agency sample; or (b) The project st included
g Y with the application must have a
equitably allocates Dingell - Johnson (2) Before completing the first complete schedule of payments to finish
Sport Fish Restoration funds as a whole certification following any change in the the project.
between marine and freshwater licensing system that could affect the (c) Interest and other financing costs
fisheries. number of sportfishing license holders. may be allowable subject to the
(b) The coastal States for purposes of (e) The amounts allocated from each restrictions in the applicable Federal
this allocation are: year's apportionment do not necessarily Cost Principles.
(1) Alabama, Alaska, California, have to result in an equitable allocation
Connecticut, Delaware, Florida, Georgia, for each year. However, the amounts Subpart G— Application for a Grant
Hawaii, Louisiana, Maine, Maryland, allocated over a variable period, not to § 80.80 How does an agency apply for a
Massachusetts, Mississippi, New exceed 3 years, must result in an grant?
Hampshire, New Jersey, New York, equitable allocation between marine and
North Carolina, Oregon, Rhode Island, freshwater fisheries projects. (a) n the applies for a grant by
Agencies that fail to allocate funds sea) g C the Re d onal a r
South Carolina, Texas, Virginia, and (f) A forms (1) Completed standard forms that are:
Washington;
equitably between marine and (i) Approved by the Office of
(2) The Commonwealths of Puerto freshwater fisheries projects may Management and Budget for the grant
Rico and the Northern Mariana Islands; become ineligible to use Sport Fish application process; and
and Restoration program funds. These (ii) Available on the Federal Web site
(3) The territories of Guam, the U.S. agencies must remain ineligible until for electronic grant applications at
Virgin Islands, and American Samoa. they demonstrate to the Director that http: / /www.grants.gov; and
§ 80.66 What requirements apply to they have allocated the funds equitably. (2) Information required for a
allocation of funds between marine and comprehensive management system
freshwater fisheries projects? §80.67 May an agency finance an activit grant or a project -by- project grant.
The requirements of this section from more than one annual apportionment? (b) The director of the State fish and
apply to allocation of funds between A State fish and wildlife agency may wildlife agency or his or her designee
marine and freshwater fisheries projects. use funds from more than one annual must sign all standard forms submitted
(a) When a State fish and wildlife apportionment to finance high -cost in the application process.
agency allocates and obligates funds it projects, such as construction or (c) The agency must send copies of all
must meet the following requirements: acquisition of lands or interests in standard forms and supporting
(1) The ratio of total funds obligated lands, including water rights. An agency information to the State Clearinghouse
for marine fisheries projects to total may do this in either of the following or Single Point of Contact before
funds obligated for marine and ways: sending it to the Regional Director if the
freshwater fisheries projects combined (a) Finance the entire cost of the State supports this process under
must equal the ratio of resident marine acquisition or construction from a non- Executive Order 12372,
anglers to the total number of resident Federal funding source. The Service Intergovernmental Review of Federal
anglers in the State; and will reimburse funds to the agency in Programs.
(2) The ratio of total funds obligated succeeding apportionment years § 80.81 What must an agency submit when
for freshwater fisheries projects to total according to a plan approved by the applying for a comprehensive management-
funds obligated for marine and Regional Director and subject to the system grant?
freshwater fisheries projects combined availability of funds. A State fish and wildlife agency must
must equal the ratio of resident (b) Negotiate an installment purchase submit the following documents when
freshwater anglers to the total number of or contract in which the agency pays applying for a comprehensive -
resident anglers in the State. periodic and specified amounts to the management - system grant:
(b) A resident angler is one who fishes seller or contractor according to a plan (a) The standard form for an
for recreational purposes in the same that schedules either reimbursements or application for Federal assistance in a
State where he or she maintains legal advances of funds immediately before mandatory grant program.
residence. need. The Service will reimburse or (b) The standard forms for assurances
(c) Agencies must determine the advance funds to the agency according for nonconstruction programs and
relative distribution of resident anglers to a plan approved by the Regional construction programs as applicable.
in the State between those that fish in Director and subject to the availability Agencies may submit these standard
marine environments and those that fish of funds. 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 the proposed project in terms that are (12) Timeline. Describe significant
applications for Federal assistance in specific and quantified. milestones in completing the project
the programs and subprograms under (3) Results or benefits expected. and any accomplishments to date.
the Acts. (4) Approach. Describe the methods (13) General. Provide information in
(c) A statement of cost estimates by used to achieve the stated objectives. the project statement that:
subaccount. Agencies may obtain the (5) Useful life. Propose a useful life for (i) Shows that the proposed activities
subaccount numbers from the Service's each capital improvement, and are eligible for funding and substantial
Regional Division of Wildlife and Sport reference the method used to determine in character and design; and
Fish Restoration. the useful life of a capital improvement (ii) Enables the Service to comply
(d) Supporting documentation with a value greater than $100,000. with the applicable requirements of the
explaining how the proposed work (6) Geographic location. National Environmental Policy Act of
complies with the Acts, the provisions (7) Principal investigator for research 1969 (42 U.S.C. 4321 and 4331 - 4347),
of this part, and other applicable laws projects. Record the principal the Endangered Species Act of 1973 (16
and regulations. investigator's name, work address, and U.S.C. 1531 et seq.), the National
(e) A statement of the agency's intent work telephone number. Historic Preservation Act (16 U.S.C.
to carry out and fund part or all of its (8) Program income. 470s), and other laws, regulations, and
comprehensive management system (i) Estimate the amount of program policies.
through a grant. income that the roject is likely to
(f) A description of the agency's generate. p Y § 80.83 What is the Federal share of
comprehensive management system g allowable costs?
(ii) Indicate the method or (a) The Regional Director must
including inventory, strategic plan, combination of methods (deduction, s provide at least 10 percent and no more
operational plan, and evaluation. addition, or matching) applying p p
"Inventory" refers to the process or g) of a pp Y g than 75 percent of the allowable costs of
processes at an agency pro program income to Federal and non- a grant- funded project to the fish and
P g Y Federal outlays. wildlife agencies of the 50 States. The
desire (1) Determine ctu asset s and (ii Request the Regional Director's Regional Director generally approves
approval for the matching method. an Federal share from 10 to 75 percent
agency Identify management problems, Describe how the a proposes to Y p
issues, needs, and opportunities. g Y p p oses as proposed by one of the 50 States if
(g) A description of the State fish and use the program income and the the:
wildlife agency program covered by the need forrus g program as essential (1) (2) nl cation is com and
comprehensive management system. PP P
(h) Contact information for the State
match. consistent with laws, regulations, and
fish and wildlife agency employee who (iv) Indicate whether the agency policies.
is directly responsible for the integrity wants to treat program income that it (b) The Regional Director may provide
and operation of the comprehensive earns after the grant period as license funds to the District of Columbia to pay
management system. revenue or additional funding for 75 to 100 percent of the allowable costs
(i) A description of how the public purposes consistent with the grant or of a grant- funded project in a program
can take part in decisionmaking for the pr °gram' or subprogram authorized by the
comprehensive management system. (v) Indicate whether the agency wants Dingell - Johnson Sport Fish Restoration
to treat program income that the Act. The Regional Director decides on
§ 80.82 What must an agency submit when subgrantee earns as license revenue, the specific Federal share between 75
applying for a project -by- project grant? additional funding for the purposes and 100 percent based on what he or
A State fish and wildlife agency must consistent with the grant or subprogram, she decides is fair, just, and equitable.
submit the following documents when or income subject only to the terms of The Regional Director may reduce the
applying for a project -by- project grant: the subgrant agreement. Federal share to less than 75 percent of
(a) The standard form for an (9) Budget narrative. Provide costs by allowable project costs only if the
application for Federal assistance in a project and subaccount with additional District of Columbia voluntarily
mandatory grant program. information sufficient to show that the provides match to pay the remaining
(b) The standard forms for assurances project is cost effective. Agencies may allowable costs. However, the Regional
for nonconstruction programs and obtain the subaccount numbers from the Director must not reduce the Federal
construction programs as applicable. Service's Regional Division of Wildlife share below 10 percent unless he or she
Agencies may submit these standard and Sport Fish Restoration. Describe follows the procedure at paragraph (d)
forms for assurances annually to the any item that requires the Service's of this section.
Regional Director for use with all approval and estimate its cost. Examples (c) The Regional Director may provide
applications for Federal assistance in are preaward costs and capital funds to pay 75 to 100 percent of the
the programs and subprograms under expenditures for land, buildings, and allowable costs of a project funded by a
the Acts. equipment. Include a schedule of grant to a fish and wildlife agency of the
(c) A project statement that describes payments to finish the project if an Commonwealths of Puerto Rico and the
each proposed project and provides the agency proposes to use funds from two Northern Mariana Islands and the
following information: or more annual apportionments. territories of Guam, the U.S. Virgin
(1) Need. Explain why the project is (10) Multipurpose projects. Describe Islands, and American Samoa. The
necessary and how it fulfills the the method for allocating costs in Regional Director decides on the
purposes of the relevant Act. multipurpose projects and facilities as specific Federal share between 75 and
(2) Purpose and Objectives. State the described in §§80.63 and 80.64. 100 percent based on what he or she
purpose and objectives, and base them (11) Relationship with other grants. decides is fair, just, and equitable. The
on the need. The purpose states the Describe any relationship between this Regional Director may reduce the
desired outcome of the proposed project project and other work funded by Federal share to less than 75 percent of
in general or abstract terms. The Federal grants that is planned, allowable project costs only if the
objectives state the desired outcome of anticipated, or underway. Commonwealth or territorial fish and
46166 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations
wildlife agency voluntarily provides §80.85 What requirements apply to (ii) Monitoring the use of license
match to pay the remaining allowable match? revenue.
costs. However, the Regional Director The requirements that apply to match (2) Regulations on the uniform
must not reduce the Federal share below include: administrative requirements for grants
10 percent unless he or she follows the (a) Match may be in the form of cash awarded by the Department of the
procedure at paragraph (d) of this or in -kind contributions. Interior describe the records that are
section. The Federal share of allowable (b) Unless authorized by Federal law, subject to these access requirements.
costs for a grant- funded project for the the State fish and wildlife agency or any (3) The closeout of an award does not
Commonwealth of the Northern Mariana other entity must not: affect the grantee's responsibilities
Islands and the territories of Guam, the (1) Use as match Federal funds or the described in this section.
U.S. Virgin Islands, and American value of an in -kind contribution (f) Control of all assets acquired under
Samoa may be affected by the waiver acquired with Federal funds; or the grant to ensure that they serve the
process described at § 80.84(c). (2) Use the cost or value of an in -kind purpose for which acquired throughout
contribution to satisfy a match their useful life.
(d) The Regional Director may waive
the 10- percent minimum Federal share requirement if the cost or value has been §80.91 What is a Federal obligation of
of allowable costs if the State, District of or will be used to satisfy a match
Columbia, Commonwealth, or territory requirement of another Federal grant, funds and how does it occur?
ry An obligation of funds is a legal
requests a waiver and provides
cooperative agreement, or contract.
q P (c) The agency must fulfill match liability to disburse funds immediately
compelling reasons to justify why it is or at a later date as a result of a series
necessary for the Federal government to requirements at the: of actions. All of these actions must
fund less than 10 percent of the (1) Grant level if the grant has funds
P from subaccount; or occur to obligate funds for the formula -
rom a single costs of a project. (2) subaccount level if the grant has based grant programs authorized by the
§80.84 How does the Service establish the funds from more than one subaccount. Acts:
non - Federal share of allowable costs? (a) The Service sends an annual
(a) To establish the non Federal share Subpart H— General Grant certificate of apportionment to a State
Administration fish and wildlife agency, which tells the
of a grant- funded project for the 50 agency how much funding is available '
States, the Regional Director approves § 80.90 What are the grantee's according to formulas in the Acts.
an application for Federal assistance in responsibilities ? (b) The agency sends the Regional
which the State fish and wildlife agency A State fish and wildlife agency as a Director an application for Federal
proposes the specific non - Federal share grantee is responsible for all of the assistance to use the funds available to
by estimating the Federal and match actions required by this section. it under the Acts and commits to
dollars, consistent with § 80.83(a). (a) Compliance with all applicable provide the required match to carry out
(b) To establish the non - Federal share Federal, State, and local laws and projects that are substantial in character
of a grant- funded project for the District regulations. and design.
of Columbia and the Commonwealth of (b) Supervision to ensure that the (c) The Regional Director notifies the
Puerto Rico, the Regional Director: work follows the terms of the grant, agency that he or she approves the
(1) Decides which percentage is fair, including: application for Federal assistance and
just, and equitable for the Federal share (1) Proper and effective use of funds; states the terms and conditions of the
consistent with § 80.83(b) through (d); (2) Maintenance of records; grant.
(2) Subtracts the Federal share (3) Submission of complete and (d) The agency accepts the terms and
percentage from 100 percent to accurate Federal financial reports and conditions of the grant in one of the
determine the percentage of non Federal performance reports by the due dates in following ways:
share; and the terms and conditions of the grant; (1) Starts work on the grant- funded
(3) Applies the percentage of non- and project by placing an order, entering
Federal share to the allowable costs of (4) Regular inspection and monitoring into a contract, awarding a subgrant,
of work in progressivin goods or services, or otherwise
a grant- funded project to determine the progress. receiving g
tch requirement. (c) Selection and supervision of incurring allowable costs during the
match
To establish the ederal share personnel to ensure that: grant period that will require payment
of a o a -funded project non -F the (1) Adequate and competent immediately or in the future;
gr P 1 personnel are available to complete the (2) Draws down funds for an
Commonwealth of the Northern Mariana grant- funded work on schedule; and allowable activity under the grant; or
Islands and the territories of Guam, the (2) Project personnel meet time (3) Sends the Regional Director a
U.S. Virgin Islands, and American schedules, accomplish the proposed letter, fax, or e-mail accepting the terms
Samoa, the Regional Director must first work, meet objectives, and submit the and conditions of the grant.
calculate a preliminary percentage of required reports.
non - Federal share in the same manner (d) Settlement of all procurement- § 80.92 How long are funds available for a
as described in paragraph (b) of this related contractual and administrative Federal obligation?
section. Following 48 U.S.C. 1469a, the issues. Funds are available for a Federal
Regional Director must then waive the (e) Giving reasonable access to work obligation during the fiscal year for
first $200,000 of match to establish the sites and records by employees and which they are apportioned and until
final non - Federal match requirement for contractual auditors of the Service, the the close of the following fiscal year
a project that includes funding from Department of the Interior, and the except for funds in the Enhanced
only one grant program or subprogram. Comptroller General of the United Hunter Education and Safety program
If a project includes funds from more States. and the Recreational Boating Access
than one grant program or subprogram, (1) Access is for the purpose of: subprogram. See §§ 80.60 and 80.61 for
the Regional Director must waive the (i) Monitoring progress, conducting the length of time that funds are
first $200,000 of match applied to the audits, or other reviews of grant- funded available in this program and
funds for each program and subprogram. projects; and subprogram.
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46167
§ 80.93 When may an agency Incur costs period unless the Regional Director § 80.96 May an agency use Federal funds
under a grant? concurs that doing so is necessary to without using match?
A State fish and wildlife agency may take advantage of temporary (a) The State fish and wildlife agency
incur costs under a grant from the circumstances favorable to the project or must not draw down any Federal funds
effective date of the grant period to the to meet legal deadlines. An agency for a grant- funded project under the
end of the grant period except for completes a project when it incurs all Acts in greater proportion to the use of
preaward costs that meet the conditions costs and finishes all work necessary to match than total Federal funds bear to
in § 80.94. achieve the project objectives. total match unless:
§80.94 May an agency incur costs before (c) The agenc can receive (1) The grantee draws down Federal
the beginning of the grant period? reimbursement for preaward costs only grant funds to pay for construction,
(a) A State fish and wildlife agency after the beginning of the grant period.
may incur costs of a proposed project including land acquisition;
ay
m
before the beginning s of proposed
the grant period § 80.95 How does an agency receive (2) An in -kind contribution of match
gr P Federal grant funds? is not yet available for delivery to the
(preaward costs). However, the agency (a) A State fish and wildlife agency grantee or subgrantee; or
has no assurance that it will receive may receive Federal grant funds through (3) The roject is not at the point
reimbursement until the Regional either: where it can accommodate an in-kind
Director awards a grant that
incorporates a project statement (1) A request for reimbursement; or contribution.
demonstrating that the preaward costs (2) A request for an advance of funds (b) If an agency draws down Federal
conform to all of the conditions in if the agency maintains or demonstrates funds in greater proportion to the use of
paragraph (b) of this section. that it will maintain procedures to match than total Federal funds bear to
(b) Preaward costs must meet the minimize time between transfer of funds total match under the conditions
following requirements: and disbursement by the agency or its described at paragraphs (a)(1) through
(1) The costs are necessary and subgrantee. (a)(3) of this section, the agency must:
reasonable for accomplishing the grant (b) An agency must use the following (1) Obtain the Regional Director's
objectives. procedures to receive a reimbursement prior approval, and
(2) The Regional Director would have or an advance of funds: (2) Satisfy the project's match
approved the costs if the State fish and (1) Request funds through am p ro 1
wildlife agency incurred them during electronic payment system designated requirement before it submits the final
the grant period. by the Regional Director; or Federal financial report.
(3) The agency incurs these costs in (2) Request funds on a standard form § 80.97 May an agency barter goods or
anticipation of the grant and in for that purpose only if the agency is services to carry out a grant - funded
conformity with the negotiation of the unable to use the electronic payment project?
award with the Regional Director. system.
(4) The activities associated with the y Yes. A State fish and wildlife agency
( iv
preaward (4) Th costs comply with all laws, (c) The Regional Director will may barter to carry out a grant- funded
reimburse or advance funds only to the project. A barter transaction is the
regulations, and policies applicable to a office or official designated by the exchan a of goods or services for other
grant- funded project. g g
agency and authorized by State law to goods or services without the use of
(5) The agency must:
(i) Obtain the Regional Director's receive public funds for the State. cash. Barter transactions are subject to
concurrence that the Service will be (d) All payments are subject to final the Cost Principles at 2 CFR part 220,
able to comply with the applicable laws, determination of allowability based on 2 CFR part 225, or 2 CFR part 230.
regulations, and policies before the audit or a Service review. The State fish
agency starts work on the ground; and and wildlife agency must repay any § 80.98 How must an agency report barter
(ii) Provide the Service with all the overpayment as directed by the Regional transactions?
information it needs with enough lead Director. (a) A State fish and wildlife agency
time for it to comply with the applicable (e) The Regional Director may must follow the requirements in the
laws, regulations, and policies. withhold payments pending receipt of following table when reporting barter
(6) The agency must not complete the all required reports or documentation transactions in the Federal financial
project before the beginning of the grant for the project. report:
If ' * * Then the agency * ' '
(1) The goods or services exchanged have the same (i) Does not have to report bartered goods or services as program income or grant
market value,. 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.
(2) The market value of the goods or services relin- Must report the difference in market value as grant expenses in the Federal financial
quished exceeds the market value of the goods and report.
services received,.
(3) The market value of the goods or services received Must report the difference in market value as program income in the Federal finan-
exceeds the market value of the goods and services cial report.
relinquished,.
(4) The barter transaction was part of a cooperative farm- (i) Does not have to report bartered goods or services as program income or grant
ing or grazing arrangement meeting the requirements expenses in the Federal financial report; and
in paragraph (b) of this section,. (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 completed under the Acts. However, the Subpart I— Program Income
this section, cooperative farming or Service encourages agencies to display
grazing is an arrangement in which an the appropriate symbol following these § 80.120 What is program income?
agency: requirements or guidelines: (a) Program income is gross income
(1) Allows an agricultural producer to (a) An agency may display the received by the grantee or subgrantee
farm or graze livestock on land under appropriate symbol(s) on: and earned only as a result of the grant
the agency's control; and (1) Areas such as wildlife- during the grant period.
(2) Designs the farming or grazing to management areas, shooting ranges, and (b) Program income includes revenue
advance the agency's fish and wildlife sportfishing and boating- access facilities from:
management objectives. that were acquired, developed, (1) Services performed under a grant;
operated, or maintained with funds (2) Use or rental of real or personal
§ 80.99 Are symbols available to identify authorized by the Acts; and property acquired, constructed, or
projects? (2) Printed or Web -based material or
managed with grant funds;
Yes. The following distinctive other visual representations of project (3) Payments by concessioners or
symbols are available to identify accomplishments. contractors under an arrangement with
projects funded by the Acts and (b) An agency may require a the agency or subgrantee to provide a
products on which taxes and duties subgrantee to display the appropriate service in support of grant objectives on
have been collected to support the Acts: symbol or symbols in the places real property acquired, constructed, or
(a) The symbol of the Pittman- managed d y ac q
described in paragraph (a) of this ed with grant funds;
Robertson Wildlife Restoration Act g
follows: section. (4) Sale of items produced under a
(c) The Director or Regional Director grant;
��� may authorize an agency to use the (5) Royalties and license fees for
symbols in a manner other than as copyrighted material, patents, and
described in paragraph (a) of this inventions developed as a result of a
section. grant; or
(d) The Director or Regional Director (6) Sale of a product of mining,
�,y • to use the symbols for purposes related may authorize other persons, drilling, forestry, or agriculture during
/V t A organizations, agencies, or governments the period of a grant that supports the:
(i) Mining, drilling, forestry, or
to the Acts by entering into a written
ag reement with the user. An applicant agriculture; or
�(� (ii) Acquisition of the land on which
(` -+)R1 must state how it intends to use the these activities occurred.
symbol(s), to what it will attach the (c) Program income does not include:
(b) The symbol of the Dingell - Johnson symbol(s), and the relationship to the (1) Interest on grant funds, rebates,
Sport Fish Restoration Act follows: specific Act. credits, discounts, or refunds;
(e) The user of the symbol(s) must (2) Sales receipts retained by
11
^�'` i'. indemnify and defend the United States concessioners or contractors under an
and hold it harmless from any claims, arrangement with the agency to provide
suits, losses, and damages from: a service in support of grant objectives
_J an
c� e , (1) Any allegedly unauthorized use of
patent, process, idea, method, or on real property acquired, constructed,
device by the user in connection with or managed with grant funds;
PO 4 its use of the symbol(s), or any other (3) Cash received by the agency or by
alleged action of the user; and volunteer instructors to cover incidental
�� '1 V (2) Any claims, suits, losses, and costs of a class for hunter or aquatic
'� damages arising from alleged defects in resource education;
° T) A� the articles or services associated with (4) Cooperative farming or grazing
jt the symbol(s). arrangements as described at § 80.98; or
(c) The symbol of the Acts when used (f) The appearance of the symbol(s) on (5) Proceeds from the sale of real
in combination follows: projects or products indicates that the property.
manufacturer of the product pays excise § 80.121 May an agency earn program
1STI & j' _ taxes in support of the respective Act(s), income?
r v 1 and that the project was funded under
f p 1 A State fish and wildlife agency may
t, the respective Act(s) (26 U.S.C. 4161, earn income from activities incidental to
4162, 4181, 4182, 9503, and 9504). The
e
f� � the grant purposes as long as producing
;f 1 Service and the Department of the
a� � W income is not a primary purpose. The
Interior make no representation or agency must account for income
endorsement whatsoever by the display received from these activities in the
Gn A of the s bolls) as to the quality, utility,
Ym q y project records and dispose of it
� { , suitability, or safety of any product, according to the terms of the grant.
�' �1Q service, or project associated with the
ibRp symbol(s). § 80.122 May an agency deduct the costs
(g) No one may use any of the symbols of generating program income from gross
§ 80.100 Does an agency have to display in any other manner unless the Director income?
one of the symbols in this part on a or Regional Director authorizes it. (a) A State fish and wildlife agency
completed project? Unauthorized use of the symbol(s) is a may deduct the costs of generating
No. A State fish and wildlife agency violation of 18 U.S.C. 701 and subjects program income from gross income
does not have to display one of the the violator to possible fines and when it calculates program income as
symbols in § 80.99 on a project imprisonment. long as the agency does not:
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 46169
(1) Pay these costs with: (1) Cost of estimating the amount of applying program income to Federal
(i) Federal or matching cash under a commercially acceptable timber in a and non - Federal outlays. The agency
Federal grant; or forest and marking it for harvest if the may also use a combination of these
(ii) Federal cash unrelated to a grant. commercial harvest is incidental to a methods. The method or methods that
(2) Cover these costs by accepting: facilities- construct on p ojecment or the
rogram income that earns during ing the t. (i) Matching in kind contributions for (2) Cost of publishing research results grant period and to the program income
a Federal grant; or as a pamphlet or book for sale if the that any subgrantee earns during the
(ii) Donations of services, personal publication is incidental to a grant - grant period. The agency must indicate
property, or real property unrelated to a funded research project. the method that it wants to use in the
Federal grant. project statement that it submits with
(b) Examples of costs of generating § 80.123 How may an agency use program each application for Federal assistance.
program income that may qualify for income? (b) The three methods for applying
deduction from gross income if they are (a) A State fish and wildlife agency program income to Federal and non -
consistent with paragraph (a) of this may choose any of the three methods Federal outlays are in the following
section are: listed in paragraph (b) of this section for table:
Method 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 (1) License revenue for the statement, the subgrantee does not have
approve the use of the matching method administration of the agency; or to account for any income that it earns
if the proposed use of the program (2) Additional funding for purposes after the grant period unless required to
income would: consistent with the grant or the do so in the subgrant agreement or in
(1) Be consistent with the intent of the program. any subsequent contractual agreement.
applicable Act or Acts; and (b) The agency must indicate its
(2) Result in at least one of the choice of one of the alternatives in Subpart J —Real Property
following: paragraph (a) of this section in the § 80.130 Does an agency have to hold title
(i) The agency substitutes program Project statement that the agency to real property acquired under a grant?
income for at least some of the match submits with each application for
that it would otherwise have to provide, Federal assistance. If the agency does A State fish and wildlife agency must
and then uses this saved match for other not record its choice in the project hold title to an ownership interest in
fish or wildlife- related projects; statement, the agency must treat the real property acquired under a grant to
(ii) The agency substitutes program income earned after the grant period as the extent possible under State law.
g y p g ram license revenue. (a) Some States do not authorize their
income for at least some of the fish and wildlife agency to hold the title
apportioned Federal funds, and then §80.126 How must an agency treat income
uses the saved Federal funds for earned by a subgrantee after the grant to real property that the agency
additional eligible activities under the period? manages. In these cases, the State or one
program; or (a) The State fish and wildlife agency of its administrative units may hold the
(iii) A net benefit to the program. must treat income earned by a title to grant- funded real property as
subgrantee after the grant period as: long as the agency has the authority to
§ 80.124 How may an agency use (1) License revenue for the manage the real property for its
unexpended program income? administration of the agency; authorized purpose under the grant. The
If a State fish and wildlife agency has (2) Additional funding for purposes agency, the State, or another
unexpended program income on its consistent with the grant or the administrative unit of State government
final Federal financial report, it may use program; or must not hold title to an undivided
the income under a subsequent grant for (3) Income subject only to the terms ownership interest in the real property
any activity eligible for funding in the of the subgrant agreement and any concurrently with a subgrantee or any
grant program that generated the subsequent contractual agreements other entity.
income. between the agency and the subgrantee. (b) An ownership interest is an
(b) The agency must indicate its interest in real property that gives the
§ 80.125 How must an agency treat income choice of one of the above alternatives person who holds it the right to use and
that it earns after the grant period? in the project statement that it submits occupy a parcel of land or water and to
(a) The State fish and wildlife agency with each application for Federal exclude others. Ownership interests
must treat program income that it earns assistance. If the agency does not include fee and leasehold interests but
after the grant period as either: indicate its choice in the project 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 §80.134 How must an agency use real notification by the Regional Director, to
easement acquired under a grant? property? restore the real property to its
A State fish and wildlife agency must (a) If a grant funds acquisition of an authorized purpose or acquire
hold an easement acquired under a interest in a parcel of land or water, the replacement property. If the agency does
grant, but it may share certain rights or State fish and wildlife agency must use not restore the real property to its
responsibilities as described in it for the purpose authorized in the authorized purpose or acquire
paragraph (b) of this section if grant. replacement property within 3 years,
consistent with State law. (b) If a grant funds construction of a the Director may declare the agency
(a) Any sharing of rights capital improvement, the agency must ineligible to receive new grants in the.
y g g or use the capital improvement for the ro am or programs that funded the
responsibilities does not diminish the purpose authorized in the grant during original acquisittiiion.
agency's responsibility to manage the the useful life of the capital
easement for its authorized purpose. improvement. The agency must do this § 80.136 Is it a diversion if an agency does
(b) The agency may share holding or even if it did not use grant funds to: not use grant acquired real property for its
enforcement of an easement only in the (1) Acquire the parcel on which the authorized purpose?
following situations: capital improvement is located; or If a State fish and wildlife agency
(1) The State or another (2) Build the structure in which the does not use grant- acquired real
administrative unit of State government capital improvement is a component. property for its authorized purpose, a
may hold an easement on behalf of its (c) If a grant funds management, diversion occurs only if both of the
fish and wildlife agency. operation, or maintenance of a parcel of following conditions apply:
land or water, or a capital improvement, (a) The agency used license revenue
(2) The agency may subgrant the the agency must use it for the purpose as match for the grant; and
concurrent right to hold the easement to authorized in the grant during the grant (b) The unauthorized use is for a
a nonprofit organization or to a local or period. The agency must do this even if purpose other than management of the
tribal government. A concurrent right to it did not acquire the parcel or construct fish- and wildlife- related resources for
hold an easement means that both the the capital improvement with grant which the agency has authority under
State agency and the subgrantee hold funds. State law.
the easement and share its rights and (d) A State agency may allow
responsibilities. commercial, recreational, and other §80.137 What if real property is no longer
(3) The agency may subgrant a right secondary uses of a grant- funded parcel useful or needed for its original purpose?
of enforcement to a nonprofit of land or water or capital improvement If the director of the State fish and
organization or to a local or tribal if these secondary uses do not interfere wildlife agency and the Regional
government. This right of enforcement with the authorized purpose of the Director jointly decide that grant- funded
may allow the subgrantee to have grant. real property is no longer useful or
reasonable access and entry to property needed for its original purpose under
protected under the easement for §80.135 What If an agency allows a use of the grant, the director of the agency
monitoring, real property that Interferes with Its must:
purposes under
of inspection, theasement f g' and authorized purpose? (a) Propose another eligible purpose
enforcement. The subgrantee's right of (a) When a State fish and wildlife for the property under the grant
enforcement must not supersede and e real p '
must be concurrent with the agency's agency allows a use of real property that program and ask the Regional Director
right of enforcement. interferes with its authorized purpose to approve this proposed purpose, or
under a grant, the agency must fully (b) Request disposition instructions
§ 80.132 Does an agency have to control restore the real property to its for the real property under the process
the land or water where it completes capital authorized purpose. described at 43 CFR 12.71,
improvements? (b) If the agency cannot fully restore "Administrative and Audit
Yes. A State fish and wildlife agency the real property to its authorized Requirements and Cost Principles for
must control the parcel of land and purpose, it must replace the real Assistance Programs."
water on which it completes a pro
property using non - Federal funds.
w
w ter capital improvement. pl r agency (c) The agency must determine that Subpart K — Revisions and Appeals
must exercise this control by holding the replacement property:
y g (1) Is of at least equal value at current § 80.150 How does an agency ask for
title to a fee or leasehold interest or revision of a grant?
through another legally binding market prices; and agreement. Control must be adequate for (2) Has fish, wildlife, and public -use (a ) A State fish and wildlife agency
q benefits consistent with the purposes of must ask for revision of a project or
the protection, maintenance, and use of the original grant. grant by sending the Service the
the improvement for its authorized (d) The Regional Director may require following documents:
purpose during its useful life even if the the agency to obtain an appraisal and (1) The standard form approved by
agency did not acquire the parcel with appraisal review to estimate the value of the Office of Management and Budget as
grant funds. the replacement property at current an application for Federal assistance.
market rices if the agency cannot The agency may use this form to update
§ 80.133 Does an agency have to maintain p g y an uest a ch a in the information
acquired or completed capital support its assessment of value. or request g
improvements? (e) The agency must obtain the that it submitted in an approved
Regional Director's approval of: application. The director of the agency
Yes. A State fish and wildlife agency (1) Its determination of the value and or his or her designee must sign this
is responsible for maintaining capital benefits of the replacement property; form.
improvements acquired or completed and (2) A statement attached to the
under a grant to ensure that each capital (2) The documentation supporting application for Federal assistance that
improvement continues to serve its this determination. explains:
authorized purpose during its useful (f) The agency may have a reasonable (i) How the requested revision would
life. time, up to 3 years from the date of 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 Subpart L— Information Collection meets the requirements of the Federal
application; and Cost Principles and the laws,
§ 80.160 What are the information regulations, and policies applicable to
(ii) Why the requested revision is collection requirements of this part?
necessary. the grant program (OMB control number
(a) This part requires each State fish 1018 0109).
(b) An agency must send any and wildlife agency to provide the (5) Change or update information
requested revision of the purpose or following information to the Service. provided to the Service in a previously
objectives of a project or grant to the The State agency must: approved application (OMB control
State Clearinghouse or Single Point of (1) Certify the number of people who number 1018- 0109).
Contact if the State maintains this have paid licenses to hunt and the (6) Report on a Governmentwide
process under Executive Order 12372, number of people who have paid standard form on the status of Federal
Intergovernmental Review of Federal licenses to fish in a State during the grant funds and any program income
Programs. State - specified certification period earned (OMB control number 0348 –
(OMB control number 1018- 0007). 0061).
§ 80.151 May an agency appeal a (2) Provide information for a grant
decision? application on a Governmentwide m ) Report as a grantee do progress in
PP completing the grant- funded project
An agency may appeal the Director's standard form (OMB control number (OMB control number 1018 -0109).
4040 - 0002).
or Regional Director's decision on any (3) Certify on a Governmentwide (b) The authorizations for information
matter subject to this part.' collection under this part are in the Acts
standard form that it: and in 43 CFR part 12, subpart C,
(a) The State fish and wildlife agency (i) Has the authority to apply for the "Uniform Administrative Requirements
must send the appeal to the Director grant; for Grants and Cooperative Agreements
within 30 days of the date that the (ii) Has the capability to complete the to State and Local Governments."
Director or Regional Director mails or project; and (c) Send comments on the information
otherwise informs an agency of a (iii) Will comply with the laws, collection requirements to: U.S. Fish
decision. regulations, and policies applicable to and Wildlife Service, Information
(b) The agency may appeal the nonconstruction projects, construction Collection Clearance Officer, 4401 North
Director's decision under paragraph (a) Projects, or both (OMB control numbers Fairfax Drive, MS 2042 –PDM,
of this section to the Secretary within 30 4040 -0007 and 4040-0009). Arlington, VA 22203.
days of the date that the Director mailed (4) Provide na eed, project pose and that Dated J ul 19, 2011.
the decision. Ana appeal to the Secretary describes the need, purpose and July
pp arY objectives, results or benefits expected, Rachel Jacobson,
must follow procedures in 43 CFR part approach, geographic location, Acting Assistant Secretary for Fish and
4, subpart G, "Special Rules Applicable explanation of costs, and other Wildlife and Parks.
to other Appeals and Hearings." information that demonstrates that the (FR Doc. 2011 -19206 Filed 7- 29-11; 8:45 am]
project is eligible under the Acts and BILLING CODE 4310-55-P
FWC Contract No. 16060 Attachment # G
INVOICE
Billed to:
Invoice No.
Fish and Wildlife Conservation Commission Invoice Date:
Florida Boating Improvement Program FWC Contract #:
620 South Meridian Street Amount of Grant Award: $
Tallahassee, Florida 32399 -1600
Billing Period /Dates of Service:
Remit payment to:
From:
Grantee:
FEID #: To :
Address:
PROJECT COSTS:
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.
Signed: Date:
Project Manager
Page 1 of 2
FWC Contract No. 16060 Attachment # G
FLORIDA BOATING IMPROVEMENT PROGRAM
Partial Payment Request Form
FWC Contract #
FEID #
Project Title:
Payment No. Dates of Service:
Amount $ Percentage of Completion:
Brief Description — Project Summary:
Describe below deliverables completed to document percentage of work completed for invoice submitted:
Signature
Title
Date
Page 2 of 2
FWC Contract No. 16060 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 # Reporting Period (Month/Year):
(Due 15 days after the end of each quarter)
Grantee:
Project Title:
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
El Bid tabulation
El Progress photographs
❑ Final photographs
❑ Draft acknowledgement
Project Manager Date
Print Name Phone
Page 1 of 1
FWC Contract No. 16066 Attachment # I
P AND "(< 1 f FLORIDA FISH AND WILDLIFE
* * CONSERVATION COMMISSION
z o
Florida Boating Improvement Program
CERTIFICATION OF COMPLETION STATEMENT
I,
(Print Name and Title)
representing
(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: Date:
Name:
Title: