Council Pre-Award Notification Requirements for Grants Agreements, 69822-69831 [2014-27719]

Download as PDF 69822 Notices Federal Register Vol. 79, No. 226 Monday, November 24, 2014 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. GULF COAST ECOSYSTEM RESTORATION COUNCIL [Docket No. 110142014–1111–01] Council Pre-Award Notification Requirements for Grants Agreements Gulf Coast Ecosystem Restoration Council (Council). ACTION: Notice. AGENCY: This notice constitutes a compilation of the Council’s pre-award requirements for grants and cooperative agreements, including all amendments and revisions to date. DATES: These provisions are effective November 24, 2014. FOR FURTHER INFORMATION CONTACT: Mary Pleffner, Council, telephone number: 813–995–2025. SUPPLEMENTARY INFORMATION: The Council is authorized to award grants and cooperative agreements under the 33 U.S.C. 1321(t)(2) and (3). It is the policy of the Council to seek full and open competition for awards of discretionary financial assistance funds whenever possible. Moreover, Council financial assistance awards are made through a competitive review and selection process, unless otherwise directed by statute. Notices announcing the availability of Federal funds for new awards for each Council competitive financial assistance program will be posted on www.grants.gov. Announcements will reference or include the Council Pre-Award Notification Requirements identified in Sections A. and B. of this notice, and the program-specific information identified in Section C. of this notice. This announcement provides notice of the Council Pre-Award Notification Requirements that apply to all Councilsponsored grant programs, and that may supplement those program announcements that reference this notice. Some of the general provisions published herein contain, by reference asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 or substance, a summary of the pertinent Federal statutes or regulations, Executive Orders (E.O.), Office of Management and Budget (OMB) Circulars, or OMB Assurances (e.g. Standard Forms SF–424B and SF– 424D). This notice is not intended to be a derogation of, or amend, any statute, regulation, Executive Order, OMB Circular, or OMB Assurance. Each individual award notice will complete and include the relevant analyses pursuant to the requirements in Executive Order 12866, Executive Order 13132, the Administrative Procedure Act, the Regulatory Flexibility Act, and the Paperwork Reduction Act, as applicable. A. The following pre-award notice provisions apply to all applicants for and recipients of Council grants: 1. Federal Policies and Procedures. Applicants, non-Federal entities (also referred to as ‘‘recipients’’) and subrecipients are subject to all Federal laws and Council policies, regulations, and procedures applicable to recipients of Federal financial assistance. 2. Debarment, Suspension, Drug-Free Workplace, and Lobbying Provisions. The non-Federal entity must comply with the provisions of Subpart C of 2 CFR part 1326, ‘‘Nonprocurement Debarment and Suspension’’ (published in the Federal Register on December 21, 2006, 71 FR 76573), and the provisions of 31 U.S.C. 1352, 2 CFR 200.450, as well as the common rule, ‘‘New Restrictions on Lobbying’’ published at 55 FR 6736 (February 26, 1990), including definitions, and the Office of Management and Budget, ‘‘Governmentwide Guidance for New Restrictions on Lobbying,’’ and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996). 3. Pre-Award Screening of Applicant’s and Recipient’s Management Capabilities, Financial Condition, and Present Responsibility. It is the policy of the Council to make awards to applicants and recipients that are competently managed, responsible, financially capable and committed to achieving the objectives of the award(s) they receive. Therefore, pre-award screening may include, but is not limited to, the following reviews: (a) Past Performance. Unsatisfactory performance under prior Federal awards PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 may result in an application not being considered for funding. (b) Credit Checks. A credit check will be performed on individuals, for-profit, and non-profit organizations. (c) Delinquent Federal Debts. No award of Federal funds shall be made to an applicant that has an outstanding delinquent Federal debt until: (1) The delinquent account is paid in full; (2) A negotiated repayment schedule is established and at least one payment is received; or (3) Other arrangements satisfactory to the Council are made. Pursuant to 31 U.S.C. 3720B and 31 CFR 901.6, unless waived, the Council is not permitted to extend financial assistance in the form of a loan, loan guarantee, or loan insurance to any person delinquent on a nontax debt owed to a Federal agency. This prohibition does not apply to disaster loans. Pursuant to 28 U.S.C. 3201(e), a debtor who has a judgment lien against the debtor’s property for a debt to the United States shall not be eligible to receive any grant or loan which is made, insured, guaranteed, or financed directly or indirectly by the United States or to receive funds directly from the Federal government in any program, except funds to which the debtor is entitled as beneficiary, until the judgment is paid in full or otherwise satisfied. The Council may promulgate regulations to allow for waiver of this restriction on eligibility for such grants. (d) List of Parties Excluded from Procurement and Nonprocurement Programs. The System for Award Management (SAM) (previously this information was located within the Excluded Parties Listing System), maintained by the General Services Administration (GSA), is available at https://www.sam.gov. SAM encompasses the capabilities of the Central Contractor Registration (CCR)/ Federal Agency Registration (FedReg), Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS), among other federal databases, and will be checked by Council to ensure that an applicant is properly registered and eligible to receive a Council financial assistance award. (e) Pre-Award Accounting System Surveys. The Council Grants Office may E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices require a pre-award survey of the applicant’s financial management system in cases where the recommended applicant has had no prior Federal support, the operating unit has reason to question whether the financial management system meets Federal financial management standards, or the applicant is being considered for a high-risk designation. (f) Other. Council may conduct additional pre-award screenings in accordance with new public laws or administrative directives. 4. No Obligation for Future Funding. If the Council obligates funding for an applicant’s project, the Council has no obligation to provide any additional future funding in connection with that award. Any amendment of an award to increase funding or to extend the period of performance is at the total discretion of the Council. 5. Pre-Award Activities. If an applicant incurs any costs prior to receiving an award, it does so solely at its own risk of not being reimbursed by the Government. Notwithstanding any verbal or written assurance that may have been received, there is no obligation on the part of Council to cover pre-award costs unless approved by the Grants Officer as part of the terms of the award, or as authorized for awards that meet the requirements outlined in any Council implementing regulations promulgated pursuant to its authority. 6. Freedom of Information Act (FOIA) Disclosure. The FOIA (5 U.S.C. 552) and any Council implementing regulations promulgated pursuant to its authority set forth the process and procedure the Council follows to make requested material, information, and records publicly available. Unless prohibited by law and to the extent required under the FOIA, contents of applications, proposals, and other information submitted by applicants may be released in response to FOIA requests. Applicants and recipients should designate by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submissions that it considers protected from disclosure under 5 U.S.C. 552(b)(4). In addition, Federal contractors may assist with program implementation and have access to materials applicants and recipients submit. 7. False Statements. A false statement on an application is grounds for denial or termination of an award, and/or possible punishment by a fine or imprisonment as provided in 18 U.S.C. 1001. VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 8. Application Forms. Unless a notice announcing the availability of funding states otherwise, the following forms, family of forms, and/or certifications are required, as applicable, for Council grants and cooperative agreements: OMB Standard Forms (SF) SF–424, ‘‘Application for Federal Assistance;’’ SF–424A, ‘‘Budget Information—NonConstruction Programs;’’ SF–424B, ‘‘Assurances—Non-Construction Programs;’’ SF–424C, ‘‘Budget Information—Construction Programs;’’ SF–424D, ‘‘Assurances—Construction Programs;’’ SF–424 Family of Forms for Research and Related Programs; SF–424 Short Organizational Family; SF–424 Individual Form Family; and SF–424 Mandatory Family. In addition, any Council certifications regarding lobbying, lobbying and lower-tier covered transactions promulgated pursuant to its authortiy; and SF–LLL, ‘‘Disclosure of Lobbying Activities,’’ will be used as appropriate. 9. Environmental Compliance. Applicants and recipients (including subrecipients) of grants and cooperative agreements subject to this notice must comply with all applicable environmental laws, regulations, and policies. Additionally, applicants and recipients may be required to assist the Council in complying with laws, regulations, and policies applicable to Council actions. Laws, regulations, and policies potentially applicable to Council actions and/or applicants and recipients may include but are not limited to the statutes and Executive Orders listed below. The Council does not make independent determinations of compliance with laws such as the Clean Water Act. Rather, the Council may require an applicant or recipient to provide information to the Council to demonstrate that the applicant or recipient has complied with or will comply with such requirements. The failure to comply with or assist the Council in complying with applicable environmental requirements may be a basis for not selecting an application. In some cases, if additional information is required after an application is selected, funds can be withheld by the Grants Officer under a special award condition requiring the applicant to submit additional information sufficient to enable the Council to make an assessment regarding compliance with applicable environmental laws, regulations, or policies. (a) The National Environmental Policy Act (42 U.S.C. 4321 et seq.). Council approval of financial assistance awards may be subject to the environmental review requirements of the National Environmental Policy Act PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 69823 (NEPA). In such cases, applicants and recipients of financial assistance awards may be required to assist the Council in complying with NEPA. For example, applicants may be required to assist the Council by providing information on a proposal’s potential environmental impacts, or drafting or supplementing an environmental assessment or environmental impact statement if the Council determines such documentation is required. Independent of the Council’s responsibility to comply with NEPA, where appropriate, projects or programs funded by the Council may trigger Federal agency NEPA compliance duties involving a separate Federal action, such as the issuance of a Federal permit. (b) The Endangered Species Act (16 U.S.C. 1531 et seq.). Council approval of financial assistance for project implementation is subject to compliance with section 7 of the Endangered Species Act (ESA). Applicants and recipients must identify any impact or activities that may involve a Federallylisted threatened or endangered species, or their designated critical habitat. Section 7 of the ESA requires every Federal agency to ensure that any action it authorizes, funds, or carries out, in the United States or upon the high seas, is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat. Federal agencies have the responsibility for ensuring that a protected species or habitat does not incur adverse effects from actions taken under Federal assistance awards, and for conducting the required consultations with the National Marine Fisheries (NMFS) and the U.S. Fish and Wildlife Service (U.S. FWS) under the Endangered Species Act, as applicable. (c) Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), Essential Fish Habitat Regulations (50 CFR Subpart J and K). Applicants and recipients of financial assistance awards must identify to the Council any effects the award may have on essential fish habitat (EFH). Federal agencies which fund, permit, or carry out activities that may adversely impact EFH are required to consult with NMFS regarding the potential effects of their actions, and respond in writing to NMFS recommendations. These recommendations may include measures to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH. In addition, NMFS is required to comment on any state agency activities that would impact EFH. Provided the specifications outlined in the E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 69824 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices regulations are met, EFH consultations will be incorporated into interagency procedures previously established under the NEPA, ESA, Clean Water Act (CWA), Fish and Wildlife Coordination Act, or other applicable statutes. (d) Clean Water Act Section 404 (33 U.S.C. 1344 et seq.). CWA Section 404 regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as levees and some coastal restoration activities), and infrastructure development (such as highways and airports). CWA Section 404 requires a permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities). (e) The Migratory Bird Treaty Act (1 U.S.C. 703–712 et seq.), Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and Executive Order No. 13186, Responsibilities of Federal Agencies to Protect Migratory Birds. A number of prohibitions and limitations apply to projects that adversely impact migratory birds and bald and golden eagles. Executive Order 13186 directs Federal agencies to enter a Memorandum of Understanding with the U.S. FWS to promote conservation of migratory bird populations when a Federal action will have a measurable negative impact on migratory birds. (f) National Historic Preservation Act (16 U.S.C. 470 et seq.). Council approval of financial assistance awards may be subject to Section 106 of the National Historic Preservation Act (NHPA). In such cases, applicants and recipients of financial assistance awards may be requested to assist the Council in identifying any adverse effects the award may have on properties included on or eligible for inclusion on the National Register of Historic Places. Pursuant to 40 CFR 800.2(c)(4), applicants and recipients may also be requested to assist the Council in initiating consultation with State or Tribal Historic Preservation Officers, Indian tribes, Native Hawaiian Organizations or other applicable interested parties as necessary to the Council’s responsibilities to identify historic properties, assess adverse effects to them, and determine ways to avoid, minimize or mitigate adverse effects on historic properties. (g) Executive Order 11988 (‘‘Floodplain Management’’) and Executive Order 11990 (‘‘Protection of Wetlands’’). Applicants and recipients VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 must identify proposed actions located in a 100-year floodplain and/or wetlands to enable Council to determine whether there is an alternative to minimize any potential harm. (h) Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (Clean Water Act), and Executive Order 11738 (‘‘Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans’’). Applicants and recipients must comply with the provisions of the Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), and Executive Order 11738. Recipients shall not use a facility that the Environmental Protection Agency (EPA) has placed on EPA’s List of Violating Facilities (this list is incorporated into the Excluded Parties List System which is part of SAM located at https://www.sam.gov) in performing any award that is nonexempt under subpart J of 2 CFR part 1532. (i) The Flood Disaster Protection Act (42 U.S.C. 4002 et seq.). Flood insurance, when available, is required for Federally-assisted construction or acquisition in areas having special flood hazards and flood-prone areas. When required, recipients will ensure that flood insurance is secured for their project(s). (j) The Coastal Zone Management Act (16 U.S.C. 1451 et seq.). Federally funded projects must be consistent with a coastal state’s approved management program for the coastal zone. (k) The Coastal Barriers Resources Act (16 U.S.C. 3501 et seq.). Only in certain circumstances can Federal funding be provided for actions within a Coastal Barrier System. This Act generally prohibits new Federal expenditures, including Federal grants, within specific units of the Coastal Barrier Resources System (CBRS). Although the Act restricts Federal expenditures for coastal barrier development, Section 6(a)(6)(A) contains an exemption for projects relating to the study, management, protection, or enhancement of fish and wildlife resources and habitats, including recreational projects. Section 6(a)(6)(G) also exempts nonstructural projects for shoreline stabilization that are designed to mimic, enhance, or restore natural stabilization systems. However, care must be taken when interpreting any exemptions described, as they are limited to projects that are consistent with the purpose of this Act as interpreted by the lead agency, the Department of the Interior. Applicants should work with the U.S. FWS, which reviews proposals to determine whether PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 a project falls within a protected unit and if so, whether an exception applies. Maps of the CBRS are available at http://www.fws.gov/ habitatconservation/coastal_ barrier.html. (l) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). This Act applies to awards that may affect existing or proposed components of the National Wild and Scenic Rivers system. Funded projects in the National Wild and Scenic Rivers system must be consistent with Wild and Scenic Rivers Act requirements. (m) The Safe Drinking Water Act (42 U.S.C. 300 et seq.). The Sole Source Aquifer program under this statute precludes Federal financial assistance for any project that the EPA determines may contaminate a designated sole source aquifer through a recharge zone so as to create a significant hazard to public health. (n) The Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.). This act regulates the generation, transportation, treatment, and disposal of hazardous wastes, and also provides that recipients of Federal funds that are state agencies or political subdivisions of states give preference in their procurement programs to the purchase of recycled products pursuant to EPA guidelines. (o) The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. 9601 et seq.), as amended by the Community Environmental Response Facilitation Act, provides the President with broad, discretionary response authorities to address actual and threatened releases of hazardous substances, as well as pollutants and contaminants where there is an imminent and substantial danger to public health and the environment. Section 103 of this Act contains specific reporting requirements and responsibilities and section 117 of the Act contains specific provisions designed to ensure meaningful public participation in the response process. (p) Executive Order 12898 (‘‘Environmental Justice in Minority Populations and Low Income Populations’’). This Order identifies and addresses adverse human health or environmental effects of programs, policies and activities on low income and minority populations. Consistent with Executive Order 12898, applicants and recipients may be requested to help identify and address, as appropriate, disproportionate impacts to low income and minority populations which could result from their project. E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 10. Limitation of Liability. In no event will the Council be responsible for proposal preparation costs if a program fails to receive funding or is cancelled because of other agency priorities. The publication of an announcement of funding availability does not oblige the Council to award any specific project or to obligate any available funds. B. The following general provisions will apply to all Council grant awards: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The uniform administrative requirements, cost principles, and audit requirements for all Council grants and cooperative agreements are codified at 2 CFR part 200. 2. Award Payments. Advances will be limited to the minimum amounts necessary to meet immediate disbursement needs, but in no case should advances exceed the amount of cash required for a 30-day period. Any advanced funds that are not disbursed in a timely manner and any applicable interest must be returned promptly to the Council. The Council uses the Department of the Treasury’s Automated Standard Application for Payment (ASAP) system. In order to receive payments under ASAP, recipients will be required to enroll electronically in the ASAP system by providing their Federal awarding agency with pertinent information to begin the enrollment process, which allows them to use the online and Voice Response System (VRS) method of withdrawing funds from their ASAP established accounts. It is the recipient’s responsibility to ensure that its contact information is correct. The funding agency must be provided a Point of Contact name, mailing address, email address, telephone number, Data Universal Number System (DUNS) identifier issued by the commercial company Dun & Bradstreet (D&B), and taxpayer identification number (TIN) to commence the enrollment process. In order to be able to complete the enrollment process, the recipient will need to identify a Head of Organization, an Authorizing Official, and a Financial Officer. It is very important that the recipient’s banking data be linked to the funding agency’s Agency Location Code in order to ensure proper payment under an award. For additional information on this requirement, prospective applicants should contact the Council. 3. Federal and Non-Federal Cost Sharing. (a) Awards that include Federal and non-Federal cost sharing will incorporate a budget consisting of VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 shared allowable costs. If actual allowable costs are less than the total approved budget, the Federal and nonFederal cost shares shall be calculated by applying the approved Federal and non-Federal cost share ratios to actual allowable costs. If actual allowable costs are greater than the total approved budget, the Federal share will not exceed the total Federal dollar amount authorized by the award. (b) The non-Federal share, whether in cash or in-kind, is to be paid out at the same general rate as the Federal share. Exceptions to this requirement may be granted by the Grants Officer based on sufficient documentation demonstrating previously determined plans for or later commitment of cash or in-kind contributions. In any case, recipients must meet the cost share commitment over the life of the award. (c) For grant awards made under 33 U.S.C. 1321(t)(3), a Gulf Coast State of coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of any project or program that is (I) authorized by Federal law; (II) is an eligible activity described in 33 U.S.C. 1321(t)(1)(i) and (ii). Using funds for the non-Federal share shall not affect the priority in which other Federal funds are allocated or awarded. See 33 U.S.C. 1321(t)(3)(F). 4. Budget Changes and Transfers among Cost Categories. When the terms of an award allow the recipient to transfer funds among approved direct cost categories, the transfer authority does not authorize the recipient to create new budget categories within an approved budget unless the Grants Officer has provided prior approval. In addition, the recipient will not be authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item or vice versa, without written prior approval of the Grants Officer. 5. Three (3) Percent Cap on Administrative Costs. Of the amounts received by a Gulf Coast State, coastal political subdivision, or coastal zone parish in a grant from Treasury under the Direct Component, or in a grant from the Council under the Comprehensive Plan Component or Spill Impact Component, not more than three percent may be used for administrative costs. The three percent limit is applied to the total amount of funds received by a recipient under each grant. The three percent limit does not apply to the administrative costs of subrecipients. All subrecipient costs are subject to the cost principles in Federal law and policies on grants. See 31 CFR 34.204(a), PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 69825 Treasury’s regulations implementing the limitation set forth in 33 U.S.C. 1321(t)(1)(ii)(IX). See also 31 CFR 34.2 Definitions—Administrative Costs. 6. Indirect Costs and Facilities and Administrative Costs. (a) Indirect (facilities and administrative (F&A) costs will not be allowable charges against an award unless permitted under subawards and specifically included as a line item in the award’s approved budget.) (b) Excess indirect costs may not be used to offset unallowable direct costs. (c) OMB established the cognizant agency concept, under which a single agency represents all others in dealing with grantees in common areas. The cognizant agency reviews and approves a recipient’s indirect cost rate. Approved rates must be accepted by other agencies, unless specific program regulations restrict the recovery of indirect costs. If indirect costs are permitted and the recipient would like to include indirect costs in its budget, but the recipient has not previously established an indirect cost rate with a Federal agency, the negotiation and approval of a rate will be subject to the procedures in the applicable cost principles. (d) For those organizations for which the Council is cognizant or has oversight, the Council or its designee will either negotiate a fixed rate with carry-forward provisions or, in some instances, limit its review to evaluating the procedures described in the recipient’s cost allocation plan. Indirect cost rates and cost allocation methodology reviews are subject to future audits to determine actual indirect costs. For general guidance on how to put an indirect cost plan together go to: http://www.dol.gov/ oasam/programs/boc/ costdeterminationguide/main.htm. (2) Within 90 days of the award date, the recipient shall submit to the address listed below documentation (indirect cost proposal, cost allocation plan, etc.) necessary to perform the review. The recipient shall provide the Grants Officer with a copy of the transmittal letter. Gulf Coast Ecosystem Restoration Council, Attn: Grants Office, 500 Poydras St., Suite 1117, New Orleans, LA 70130. (3) The recipient can use the fixed rate proposed in the indirect cost plan until such time as the Council provides a response to the submitted plan. Actual indirect costs must be calculated annually and adjustments made through the carry-forward provision used in E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 69826 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices calculating next year’s rate. This calculation of actual indirect costs and the carry-forward provision is subject to audit. Indirect cost rate proposals must be submitted annually. Organizations that have previously established indirect cost rates must submit a new indirect cost proposal to the cognizant agency within six months after the close of each recipient’s fiscal year. (d) When the Council is not the oversight or cognizant Federal agency, the recipient shall provide the Grants Officer with a copy of a negotiated rate agreement or a copy of the transmittal letter submitted to the cognizant or oversight Federal agency requesting a negotiated rate agreement. (e) If the recipient fails to submit the required documentation to the Council within 90 days of the award date, the recipient may be precluded from recovering any indirect costs under the award. If the Council, oversight, or cognizant Federal agency determines there is good cause to excuse the recipient’s delay in submitting the documentation, an extension of the 90day due date may be approved by the Grants Officer. (f) The maximum dollar amount of allocable indirect costs for which the Council will reimburse the recipient shall be the lesser of the line item amount for the Federal share of indirect costs contained in the approved budget of the award, or the Federal share of the total allocable indirect costs of the award based on the indirect cost rate approved by an oversight or cognizant Federal agency and applicable to the period in which the cost was occurred, provided the rate is approved on or before the award end date. (g) The total allowable indirect costs are subject to the three (3) percent cap on administrative costs stated in 33 U.S.C. 1321(t)(1)(iii). Pursuant to 31 CFR 34.2, administrative costs means those indirect costs for administration incurred by the Gulf Coast States, coastal political subdivisions, and coastal zone parishes that are allocable to activities authorized under the Act. Administrative costs may include costs for general management functions, general ledger accounting, budgeting, human resource services, general procurement services, and general legal services. Administrative costs do not include indirect costs that are identified specifically with, or readily assignable to: (1) Facilities; (2) Eligible projects, programs, or planning activities; or (3) Activities relating to grant applications, awards, audit requirements, or postaward management, including payments and collections. VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 7. Tax Refunds. Refunds of Federal Insurance Contributions Act (FICA) or Federal Unemployment Tax Act (FUTA) taxes received by the non-Federal entity during or after the project period must be refunded or credited to Council where the benefits were financed with Federal funds under the award. The non-Federal entity agrees to contact the Grants Officer immediately upon receipt of these refunds. The non-Federal entity further agrees to refund portions of FICA/FUTA taxes determined to belong to the Federal government, including refunds received after the project period ends. 8. Other Federal Awards with Similar Programmatic Activities. Recipients will be required to provide written notification to the Federal Program Officer and the Grants Officer in the event that, subsequent to receipt of the Council award, other financial assistance is received to support or fund any portion of the scope of work incorporated into the Council award. The Council will not pay for costs that are funded by other sources. 9. Non-Compliance with Award Provisions. Failure to comply with any or all of the provisions of an award, or the requirements of this notice, may have a negative impact on future funding by the Council and may be considered grounds for any or all of the following enforcement actions: establishment of an account receivable, withholding payments under any Council awards to the recipient, changing the method of payment from advance to reimbursement only, or the imposition of other special award conditions, suspension of any Council active awards, or termination of any Council active awards. 10. Prohibition against Assignment by the Non-Federal Entity. The non-Federal entity shall not transfer, pledge, mortgage, or otherwise assign the award, or any interest therein, or any claim arising thereunder, to any party or parties, banks, trust companies, or other financing or financial institutions without the express written approval of the Grants Officer. 11. Non-Discrimination Requirements. There are several Federal statutes, regulations, Executive Orders, and policies relating to nondiscrimination. No person in the United States shall, on the grounds of race, color, national origin, handicap, religion, age, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. These requirements include but are not limited to: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and any Council implementing regulations promulgated pursuant to its authority prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; (b) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and any Council implementing regulations promulgated pursuant to its authority prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any Council implementing regulations promulgated pursuant to its authority prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. The U.S. Department of Justice issued regulations implementing Title II of the Americans with Disabilities Act (ADA) (28 CFR part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of the ADA (28 CFR part 36; 75 FR 56164, as amended by 76 FR 13286). These regulations adopt enforceable accessibility standards called the ‘‘2010 ADA Standards for Accessible Design’’ (2010 Standards). The Council deems compliance with the 2010 Standards to be an acceptable means of complying with the Section 504 accessibility requirements for new construction and alteration projects. (d) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) and any Council implementing regulations promulgated pursuant to its authority prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; (e) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; (f) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (g) Parts II and III of Executive Order 11246, as amended by Executive Orders 11375 and 12086 requiring Federally assisted construction contracts to include the nondiscrimination provisions of sections 202 and 203 of that Executive Order and the Department of Labor’s regulations at 41 CFR 60–1.4(b) implementing Executive Order 11246; E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices (h) Executive Order 13166 (August 11, 2000), ‘‘Improving Access to Services for Persons With Limited English Proficiency,’’ requiring Federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them; and (i) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), recognizing the constitutionallyprotected interest of religious organizations in making religiouslymotivated employment decisions, religious organizations are expressly exempt from the prohibition against discrimination on the basis of religion. 12. Inspector General Act of 1978, as amended (5 U.S.C. App. 3, § 1 et seq.) and Single Audit Act Amendments of 1996 (as implemented by 2 CFR part 200, subpart F, ‘‘Audit Requirements.’’), non-Federal entities that are subject to the provisions of 2 CFR part 200, subpart F and that expend $750,000 or more in a year in Federal awards must have an audit conducted for that year in accordance with the requirements contained in 2 CFR part 200, subpart F. When Council does not have a programspecific audit guide available for the program, the auditee and auditor must have basically the same responsibilities for the Federal program as they would have for an audit of a major program in a single audit and should refer to 2 CFR 200.507. The grant recipient may include a line item in the budget for the cost of the audit to be approved by the Grants Officer. 13. Policies and Procedures for Resolution of Audit-Related Debts. The Council will establish policies and procedures for handling the resolution and reconsideration of financial assistance audits which have resulted in, or may result in, the establishment of a debt (account receivable) for financial assistance awards. The policies and procedures are consistent with the provisions of 2 CFR part 200, subpart F, and are provided in more detail in the Council Financial Assistance Standard Terms and Conditions. 14. Debts. The non-Federal entity must promptly pay any debts determined to be owed the Federal government. Council debt collection procedures are set out in 2 CFR part 200, subpart D. In accordance with 2 CFR 200.345, delinquent debt includes any funds paid to the non-Federal entity in excess of the amount to which the non-Federal entity is finally determined to be entitled under the terms of the VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 Federal award constitute a debt to the Federal government (this includes a post-delinquency payment agreement) unless other satisfactory payment arrangements have been made. In accordance with 2 CFR 200.345, failure to pay a debt by the due date, or if there is no due date, within 90 calendar days after demand, shall result in the assessment of interest, penalties and administrative costs in accordance with the provisions of 31 U.S.C. 3717 and 31 CFR parts 900 through 999. The Council will transfer any debt that is more than 180 days delinquent to the Financial Management Service for debt collection services, a process known as ‘‘crossservicing,’’ pursuant 31 U.S.C. 3711(g), 31 CFR 285.12 and any Council regulations and policies promulgated pursuant to its authority, and may result in Council taking further action as specified in the standard term and condition entitled ‘‘Non-Compliance With Award Provisions.’’ Funds for payment of a debt cannot come from other Federally-sponsored programs. Verification that other Federal funds have not been used will be made (e.g. during on-site visits and audits). If a non-Federal entity fails to repay a debt within 90 calendar days after the demand, the Council may reduce the debt by following the procedures set forth in 2 CFR 200.345(a). 15. Remedies for Noncompliance. If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award (including discovery of adverse information on a recipient or any key individual associated with a recipient which reflects significantly and adversely on the recipient’s responsibility), the Council or passthrough entity may impose additional conditions, as described in 2 CFR 200.207. If the Council or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Council or pass-through entity may take one or more of the following actions: (a) Require the recipient to correct the conditions. (b) Consider the recipient to be ‘‘high risk’’ and unilaterally impose special award conditions to protect the Federal government’s interest. (c) Suspend or terminate an active award. The recipient will be afforded due process while effecting such actions. (d) Require the removal of personnel from association with the management of and/or implementation of the project and require Grants Officer approval of personnel replacements. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 69827 (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. 16. Competition and Standards of Conduct. (a) Pursuant to the certification in Form SF–424B, paragraph 3, nonFederal entities must maintain written standards of conduct to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest, or personal gain in the administration of this award and any subawards. (b) Non-Federal entities must comply with the requirements of 2 CFR 200.318 General procurement standards, including maintaining written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the nonFederal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. (c) All subawards will be made in a manner to provide, to the maximum extent practicable, open and free competition in accordance with the requirements of 2 CFR 200.317 through 200.326, ‘‘Procurement Standards.’’ The non-Federal entity must be alert to organizational conflicts of interest as well as other practices among subrecipients that may restrict or eliminate competition. In order to ensure objective subrecipient performance and eliminate unfair competitive advantage, subrecipients that develop or draft work requirements, statements of work, or requests for E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 69828 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices proposals shall be excluded from competing for such subawards. (d) For purposes of the award, a financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. An appearance of impairment of objectivity could result from an organizational conflict where, because of other activities or relationships with other persons or entities, a person is unable or potentially unable to render impartial assistance or advice. It could also result from non-financial gain to the individual, such as benefit to reputation or prestige in a professional field. 17. When contracting, the non-Federal entity must take all necessary affirmative steps, as prescribed in 2 CFR 200.321(b), to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. 18. Subaward and/or Contract to a Federal Agency. The non-Federal entity, subrecipient, contractor, and/or subcontractor shall not sub-grant or subcontract any part of the approved project to any agency or employee of the Council and/or other Federal department, agency, or instrumentality without the prior written approval of the Grants Officer. 19. Foreign Travel. Non-Federal entities must comply with the provisions of the Fly America Act (49 U.S.C. 40118) and the implementing Federal Travel Regulations (41 CFR 301–10.131 through 301–10.143). The Fly America Act requires that Federal travelers and others performing U.S. Government-financed air travel must use U.S. flag carriers, to the extent that service by such carriers is available. Foreign air carriers may be used only in specific instances, such as when a U.S. flag air carrier is unavailable, or use of U.S. flag carrier service will not accomplish the agency’s mission. If a non-Federal entity anticipates using a foreign air carrier for any portion of travel under a Council financial assistance award, the recipient must receive prior approval from the Grants Officer. 20. Purchase of American-Made Equipment and Products. Non-federal entities are encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided under Council financial assistance awards. 21. Intangible Property Rights. Title to intangible property (as defined by 2 CFR 200.59 means property having no physical existence, such as trademarks, VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible)) acquired under a Federal award vests upon acquisition in the non-Federal entity. The non-Federal entity must use that property for the originally-authorized purpose, and must not encumber the property without approval of the Council. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in 2 CFR 200.313(e). (a) Inventions. The non-Federal entity is subject to applicable regulations governing patents and inventions, including governmentwide regulations issued by the Department of Commerce at 37 CFR part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements.’’ (b) Patent Notification Procedures. Pursuant to Executive Order 12889, the Council is required to notify the owner of any valid patent covering technology whenever the Council or its financial assistance recipients, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the recipient uses or has used patented technology under this award without a license or permission from the owner, the recipient will be required to notify the Grants Officer. This notice does not necessarily mean that the government authorizes and consents to any copyright or patent infringement occurring under the financial assistance award. (c) Data, Databases, and Software. The rights to any work produced or purchased under a Council financial assistance award are determined by policies promulgated pursuant to its authority. Such works may include data, databases or software. The recipient owns any work produced or purchased under a Council financial assistance award subject to Council’s right to obtain, reproduce, publish or otherwise use the work or authorize others to receive, reproduce, publish or otherwise use the data for Federal government purposes. (d) Copyright. The non-Federal entity may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Federal award. Council 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. 22. Seat Belt Use. Pursuant to Executive Order 13043, recipients shall seek to encourage employees and contractors to enforce on-the-job seat belt policies and programs when operating recipient/company-owned, rented or personally owned vehicles. 23. Research Involving Human Subjects. All proposed research involving human subjects must be conducted in accordance with 15 CFR part 27, ‘‘Protection of Human Subject.’’ No research involving human subjects is permitted under any Council financial assistance award unless expressly authorized by the Grants Officer. 24. Federal Employee Expenses. Federal agencies are generally barred from accepting funds from a recipient to pay transportation, travel, or other expenses for any Federal employee. Use of award funds (Federal or non-Federal) or the recipient’s provision of in-kind goods or services for the purposes of transportation, travel, or any other expenses for any Federal employee, may raise appropriation augmentation issues. In addition, Council policy prohibits the acceptance of gifts, including travel payments for Federal employees, from recipients or applicants regardless of the source. 25. Minority Serving Institutions (MSIs) Initiative. Pursuant to Executive Orders 13555 (‘‘White House Initiative on Educational Excellence for Hispanics’’), 13270 (‘‘Tribal Colleges and Universities’’), and 13532 (‘‘Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Universities’’), the Council encourages all applicants and recipients to include meaningful participation of MSIs as appropriate. Institutions eligible to be considered MSIs are listed on the Department of Education’s Web site. 26. Access to Records. The Council, the Inspector General of the Treasury, the Comptroller General of the United States, or any of their duly authorized representatives, and, if appropriate, the State, shall have access to any pertinent books, documents, papers and records of the parties to a grant or cooperative agreement, whether written, printed, recorded, produced, or reproduced by any electronic, mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. An audit of an award may be conducted at any time. E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 27. Research Misconduct. The Council adopts, and applies to financial assistance awards for research, the Federal Policy on Research Misconduct (Federal Policy) issued by the Executive Office of the President’s Office of Science and Technology Policy on December 6, 2000 (65 FR 76260). Recipient organizations that conduct extramural research funded by Council must foster an atmosphere conducive to the responsible conduct of sponsored research by safeguarding against and resolving allegations of research misconduct. Recipient organizations also have the primary responsibility to prevent, detect, and investigate allegations of research misconduct and, for this purpose, may rely on their internal policies and procedures, as appropriate, to do so. Federal award funds expended on an activity that is determined to be invalid or unreliable because of research misconduct may result in appropriate enforcement action under the award, up to and including award termination and possible suspension or debarment. The Council requires that any allegation that contains sufficient information to proceed with an inquiry be submitted to the Grants Officer, who will also notify the Treasury OIG of such allegation. 28. Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728–4763). Recipients must comply with this Act relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of the Office of Personnel Management Standards for a Merit System of Personnel Administration (5 CFR part 900, subpart F). 29. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.) and the Council implementing regulations promulgated pursuant to its authority. These provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 30. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.). Non-Federal entities must comply with the Lead-Based Paint Poisoning Prevention Act which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 31. Hatch Act (5 U.S.C. 1501–1508 and 7324–7328). Non-Federal entities must comply with the Hatch Act which limits the political activities of employees or officers of State or local VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 governments whose principal employment activities are funded in whole or in part with Federal funds. 32. Labor standards for Federallyassisted construction sub-agreements (wage guarantees). Recipients must comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 3141–3148); the Copeland ‘‘AntiKickback’’ Act (40 U.S.C. 3145 and 18 U.S.C. 874); and the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). 33. Care and Use of Live Vertebrate Animals. Non-Federal entities must comply with the Laboratory Animal Welfare Act of 1966 (Pub. L. 89–544), as amended (7 U.S.C. 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects) and implementing regulations, 9 CFR parts 1, 2, and 3; the Endangered Species Act (16 U.S.C. 1531 et seq.); Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) (taking possession, transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. 4701 et seq.) (ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by Federal financial assistance. No research involving vertebrate animals is permitted under any Council financial assistance award unless authorized by the Grants Officer. 34. Publications, Videos, and Acknowledgment of Sponsorship. Publication of the results or findings in appropriate professional journals and production of videos or other media is encouraged as an important method of recording, reporting and otherwise disseminating information and expanding public access to federallyfunded projects (e.g., scientific research). The recipient may be required to submit a copy of any publication materials, including but not limited to print, recorded or Internet materials to the funding agency. When releasing information related to a funded project the recipient must include a statement that the project or effort undertaken was or is sponsored by Council. The recipient is also responsible for assuring that every publication of material based on, developed under or otherwise produced under a Council award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the following disclaimer or other disclaimer approved by the Grants Officer: ‘‘This PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 69829 [report/video/etc.] was prepared by [non-Federal entity name] using Federal funds under award [number] from the Council. The statements, findings, conclusions, and recommendations are those of the author(s) and do not necessarily reflect the views of the Council.’’ 35. Homeland Security Presidential Directive—12. If the performance of a grant award requires recipient organization personnel to have routine access to Federally-controlled facilities and/or Federally-controlled information systems (for purpose of this term ‘‘routine access’’ is defined as more than 180 days), such personnel must undergo the personal identity verification credential process. In the case of foreign nationals, the Council will conduct a check with U.S. Citizenship and Immigration Services’ (USCIS) Verification Division, a component of the Department of Homeland Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for employment within the United States. Any items or services delivered under a financial assistance award shall comply with the Council personal identity verification procedures that implement Homeland Security Presidential Directive -12, ‘‘Policy for a Common Identification Standard for Federal Employees and Contractors,’’ FIPS PUB 201, and OMB Memorandum M–05–24. The recipient shall ensure that its subrecipients and contractors (at all tiers) performing work under this award comply with the requirements contained in this term. The Grants Officer may delay final payment under an award if the subrecipient or contractor fails to comply with the requirements listed in the term below. The recipient shall insert the following terms in all subawards and contracts when the subaward recipient or contractor is required to have routine physical access to a Federally-controlled facility or routine access to a Federally-controlled information system: (a) The subrecipient or contractor shall comply with Council personal identity verification procedures identified in the subaward or contract that implement Homeland Security Presidential Directive 12 (HSPD–12), Office of Management and Budget (OMB) Guidance M–05–24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended, for all employees under this subaward or contract who require routine physical access to a Federally-controlled facility or routine access to a Federallycontrolled information system. E:\FR\FM\24NON1.SGM 24NON1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 69830 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices (b) The subrecipient or contractor shall account for all forms of Government-provided identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract. The subrecipient or contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by Council: (1) When no longer needed for subaward or contract performance; (2) upon completion of the subrecipient or contractor employee’s employment; (3) upon completion of the subaward or contract. 36. The Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended, and the implementing regulations at 2 CFR part 175. The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the Federal government, if the recipient or subrecipient engages in certain activities related to trafficking in persons. The Council incorporates the award term required by 2 CFR 175.15(b) into all financial assistance awards. See http:// www.gpo.gov/fdsys/pkg/CFR-2014title2-vol1/pdf/CFR-2014-title2-vol1part175.pdf for the full award term. 37. The Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109–282; codified at 31 U.S.C. 6101 note) (FFATA). (a) The FFATA requires information on Federal awards (Federal financial assistance and expenditures) be made available to the public via a single, searchable Web site. This information is available at USASpending.gov. Recipients and subrecipients must include the following required data elements in their application: (1) Name of entity receiving award; (2) Award amount; (3) Transaction type, funding agency, Catalog of Federal Domestic Assistance Number, and descriptive award title; (4) Location of entity, primary location of performance (City/State/ Congressional District/Country); and (5) Unique identifier of entity. (b) Reporting Subawards and Executive Compensation. Prime grant recipients awarded a new Federal grant greater than or equal to $25,000 on or after October 1, 2010, other than those funded by the Recovery Act, are subject to FFATA subaward reporting requirements as outlined in 2 CFR part 170. The prime recipient is required to file a FFATA subaward report by the end of the month following the month in which the prime recipient awards any sub-grant greater than or equal to $25,000. See Pub. L. 109–282, as VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 amended by section 6202(a) of Pub. L. 110–252 (see 31 U.S.C. 6101 note). The Council incorporates the award term required by Appendix A of 2 CFR part 170 into all financial assistance awards. See http://www.gpo.gov/fdsys/pkg/CFR2014-title2-vol1/pdf/CFR-2014-title2vol1-part170.pdf for the full award term and reporting requirements. (c) System for Award Management (formerly ‘‘Central Contractor Registration (CCR)’’) and Universal Identifier Requirements. Unless an exemption applies under 2 CFR 25.110, applicants for federal financial assistance awards must be registered in the System for Award Management (SAM)—which includes the former ‘‘Central Contractor Registration (CCR)’’—prior to submitting an application for financial assistance, maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by an agency, and provide its DUNS number in each application it submits to the agency. For this purpose, the Council incorporates the award term required by Appendix A of 2 CFR part 25 into all financial assistance awards. See http://www.gpo.gov/fdsys/pkg/CFR2014-title2-vol1/pdf/CFR-2014-title2vol1-part25.pdf for the full award term. C. In limited circumstances (e.g., when required by statute), the Council will issue a Federal Register notice, in addition to a notice on www.grants.gov, announcing the availability of Federal funds for each Council competitive financial assistance program. Unless statute or regulation requires otherwise, such Federal Register notices will contain only the following programspecific information: Summary description of program; deadline date for receipt of applications; addresses for submission of applications; information contacts (including electronic access); the amount of funding available; statutory authority; the applicable Catalog of Federal Domestic Assistance (CFDA) number(s); eligibility requirements; cost-sharing or matching requirements; Intergovernmental Review requirements; evaluation criteria used by the merit reviewers, as applicable; selection procedures, including funding priorities/selection factors/policy factors to be applied by the selecting official; and administrative and national policy requirements; and information about how to access the full program notice at www.grants.gov. D. When applicable, the Council follows the uniform format for an announcement of Federal Funding Opportunity notice for discretionary grants and cooperative agreements PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 established by OMB in a guidance published in the Federal Register on June 23, 2003, and revised on October 8, 2003 (see 68 FR 37370 and 68 FR 58146, respectively). Announcements published by Council are available at www.grants.gov. Applicants are strongly encouraged and in some cases required to apply through www.grants.gov. It can take up to two weeks to register with www.grants.gov if problems are encountered. Registration is required only once. Applicants should consider the time needed to register with Grants.gov, and should begin the registration process well in advance of the application due date if they have never registered. Applicants should allow themselves adequate time to submit the proposal through Grants.gov, as the deadline for submission generally cannot be extended and there is significant potential for human or computer error during the electronic submission process. After registering, it may take several days or longer from the initial log-on before a new Grants.gov system user can submit an application. Only authorized individual(s) will be able to submit the application, and the system may need time to process a submitted proposal. Applicants should save and print the proof of submission they receive from Grants.gov, which may take up to two days to receive. Administrative Procedure Act and Regulatory Flexibility Act Because notice and comment are not required under 5 U.S.C. 553, or any other law, for this notice relating to public property, loans, grants benefits or contracts (5 U.S.C. 553(a)), a Regulatory Flexibility Analysis is not required and has not been prepared for this notice. Executive Order 13132 (Federalism) It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Paperwork Reduction Act This notice does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection-of-information, subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. The use of the following family of forms has been approved by OMB under the following control numbers: (1) SF–424 Family: 0348–0041, 0348–0044, 4040– E:\FR\FM\24NON1.SGM 24NON1 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 0003, and 4040–0004; (2) SF–424 Research and Related Family: 4040– 0001; SF–424 Individual Family: 4040– 0005; (3) SF–424 Mandatory Family: 4040–0002; and (4) SF–424 Short Organizational Family: 4040–0003. The use of Form SF–LLL is approved by OMB under the control numbers 0348– 0046. The RESTORE Council may develop additional forms as necessary. Catalog of Federal Domestic Assistance This notice affects all of the grant and cooperative agreement programs funded by the Council. The Catalog of Federal Domestic Assistance can be accessed at http://www.cfda.gov. Jeffrey K. Roberson, Senior Counsel, Department of Commerce. [FR Doc. 2014–27719 Filed 11–21–14; 8:45 am] BILLING CODE 6560–58–P DEPARTMENT OF AGRICULTURE Council for Native American Farming and Ranching; Meeting Office of Tribal Relations, USDA. ACTION: Notice of public meeting. AGENCY: This notice announces a forthcoming meeting of The Council for Native American Farming and Ranching (CNAFR) a public advisory committee of the Office of Tribal Relations (OTR). Notice of the meetings are provided in accordance with section 10(a)(2) of the Federal Advisory Committee Act, as amended, (5 U.S.C. Appendix 2). This will be the second meeting of the 2014– 2016 CNAFR term and will consist of, but not limited to: Hearing public comments; update on USDA programs and activities; and discussion of committee priorities. This meeting will be open to the public. DATES: The meeting will be held on December 10th, 2014 from 2:00 p.m. to 5:45 p.m. and December 11th, 2014 from 8:30 a.m. to 5:30 p.m. The meeting will be open to the public. Note that a period for public comment will be held on December 10th, 2014 from 3:00 p.m. to 5:00 p.m. ADDRESSES: The meeting and public comment period will be held at the Flamingo Las Vegas, 3555 Las Vegas Blvd. South, Las Vegas, Nevada 89109 in the Laughlin II Room. WRITTEN COMMENTS: Written comments may be submitted to: John Lowery, Designated Federal Officer, Office of Tribal Relations (OTR), 1400 Independence Ave. SW., Whitten Bldg., 500–A, Washington, DC 20250; by Fax: asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:32 Nov 21, 2014 Jkt 235001 (202) 720–1058; or by email: John.Lowery@osec.usda.gov. FOR FURTHER INFORMATION CONTACT: Questions should be directed to John Lowery, Designated Federal Officer, Office of Tribal (OTR), 1400 Independence Ave. SW., Whitten Bldg., 500A, Washington, DC 20250; by Fax: (202) 720–1058 or email: John.Lowery@ osec.usda.gov. SUPPLEMENTARY INFORMATION: In accordance with the provisions of the Federal Advisory Committee Act (FACA) as amended (5 U.S.C. App. 2), USDA established an advisory council for Native American farmers and ranchers. The CNAFR is a discretionary advisory committee established under the authority of the Secretary of Agriculture, in furtherance of the settlement agreement in Keepseagle v. Vilsack that was granted final approval by the District Court for the District of Columbia on April 28, 2011. The CNAFR will operate under the provisions of the FACA and report to the Secretary of Agriculture. The purpose of the CNAFR is (1) to advise the Secretary of Agriculture on issues related to the participation of Native American farmers and ranchers in USDA farm loan programs; (2) to transmit recommendations concerning any changes to FSA regulations or internal guidance or other measures that would eliminate barriers to program participation for Native American farmers and ranchers; (3) to examine methods of maximizing the number of new farming and ranching opportunities created through the farm loan program through enhanced extension and financial literacy services; (4) to examine methods of encouraging intergovernmental cooperation to mitigate the effects of land tenure and probate issues on the delivery of USDA farm loan programs; (5) to evaluate other methods of creating new farming or ranching opportunities for Native American producers; and (6) to address other related issues as deemed appropriate. The Secretary of Agriculture selected a diverse group of members representing a broad spectrum of persons interested in providing solutions to the challenges of the aforementioned purposes. Equal opportunity practices were considered in all appointments to the CNAFR in accordance with USDA policies. The Secretary selected the members in September 2014. Interested persons may present views, orally or in writing, on issues relating to agenda topics before the CNAFR. Written submissions may be submitted to the contact person on or PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 69831 before December 4, 2014. Oral presentations from the public will be scheduled between approximately 3:00 p.m. to 5:00 p.m. on December 10th. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the issue they wish to present and the names and addresses of proposed participants by December 4, 2014. All oral presentations will be given three (3) to five (5) minutes depending on the number of participants. OTR will also make meeting room and all agenda topics available to the public via the OTR Web site: http:// www.usda.gov/tribalrelations no later than 10 business days before the meeting and at the meeting. In addition, the minutes from the meeting will be posted on the OTR Web site. OTR welcomes the attendance of the public at the CNAFR meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact John Lowery, at least 10 business days in advance of the meeting. Leslie Wheelock, Director, Office of Tribal Relations. [FR Doc. 2014–27746 Filed 11–21–14; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–84–2014] Foreign-Trade Zone (FTZ) 82—Mobile, Alabama; Notification of Proposed Production Activity; MH Wirth, Inc. (Offshore Drilling Riser Systems); Theodore, Alabama The City of Mobile, Alabama, grantee of FTZ 82, submitted a notification of proposed production activity to the FTZ Board on behalf of MH Wirth, Inc. (MHWI), located in Theodore, Alabama. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on November 3, 2014. The MHWI facility is located within Site 7 of FTZ 82. The facility is used for the production and repair of offshore drilling riser systems (risers, telescopic joints, test equipment and tools). Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished products described in the submitted notification (as E:\FR\FM\24NON1.SGM 24NON1

Agencies

  • GULF COAST ECOSYSTEM RESTORATION COUNCIL
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69822-69831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27719]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / 
Notices

[[Page 69822]]



GULF COAST ECOSYSTEM RESTORATION COUNCIL

[Docket No. 110142014-1111-01]


Council Pre-Award Notification Requirements for Grants Agreements

AGENCY: Gulf Coast Ecosystem Restoration Council (Council).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice constitutes a compilation of the Council's pre-
award requirements for grants and cooperative agreements, including all 
amendments and revisions to date.

DATES: These provisions are effective November 24, 2014.

FOR FURTHER INFORMATION CONTACT: Mary Pleffner, Council, telephone 
number: 813-995-2025.

SUPPLEMENTARY INFORMATION: The Council is authorized to award grants 
and cooperative agreements under the 33 U.S.C. 1321(t)(2) and (3).
    It is the policy of the Council to seek full and open competition 
for awards of discretionary financial assistance funds whenever 
possible. Moreover, Council financial assistance awards are made 
through a competitive review and selection process, unless otherwise 
directed by statute. Notices announcing the availability of Federal 
funds for new awards for each Council competitive financial assistance 
program will be posted on www.grants.gov. Announcements will reference 
or include the Council Pre-Award Notification Requirements identified 
in Sections A. and B. of this notice, and the program-specific 
information identified in Section C. of this notice.
    This announcement provides notice of the Council Pre-Award 
Notification Requirements that apply to all Council-sponsored grant 
programs, and that may supplement those program announcements that 
reference this notice. Some of the general provisions published herein 
contain, by reference or substance, a summary of the pertinent Federal 
statutes or regulations, Executive Orders (E.O.), Office of Management 
and Budget (OMB) Circulars, or OMB Assurances (e.g. Standard Forms SF-
424B and SF-424D). This notice is not intended to be a derogation of, 
or amend, any statute, regulation, Executive Order, OMB Circular, or 
OMB Assurance.
    Each individual award notice will complete and include the relevant 
analyses pursuant to the requirements in Executive Order 12866, 
Executive Order 13132, the Administrative Procedure Act, the Regulatory 
Flexibility Act, and the Paperwork Reduction Act, as applicable.
    A. The following pre-award notice provisions apply to all 
applicants for and recipients of Council grants:
    1. Federal Policies and Procedures. Applicants, non-Federal 
entities (also referred to as ``recipients'') and subrecipients are 
subject to all Federal laws and Council policies, regulations, and 
procedures applicable to recipients of Federal financial assistance.
    2. Debarment, Suspension, Drug-Free Workplace, and Lobbying 
Provisions. The non-Federal entity must comply with the provisions of 
Subpart C of 2 CFR part 1326, ``Nonprocurement Debarment and 
Suspension'' (published in the Federal Register on December 21, 2006, 
71 FR 76573), and the provisions of 31 U.S.C. 1352, 2 CFR 200.450, as 
well as the common rule, ``New Restrictions on Lobbying'' published at 
55 FR 6736 (February 26, 1990), including definitions, and the Office 
of Management and Budget, ``Governmentwide Guidance for New 
Restrictions on Lobbying,'' and notices published at 54 FR 52306 
(December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 
15, 1992), and 61 FR 1412 (January 19, 1996).
    3. Pre-Award Screening of Applicant's and Recipient's Management 
Capabilities, Financial Condition, and Present Responsibility. It is 
the policy of the Council to make awards to applicants and recipients 
that are competently managed, responsible, financially capable and 
committed to achieving the objectives of the award(s) they receive. 
Therefore, pre-award screening may include, but is not limited to, the 
following reviews:
    (a) Past Performance. Unsatisfactory performance under prior 
Federal awards may result in an application not being considered for 
funding.
    (b) Credit Checks. A credit check will be performed on individuals, 
for-profit, and non-profit organizations.
    (c) Delinquent Federal Debts. No award of Federal funds shall be 
made to an applicant that has an outstanding delinquent Federal debt 
until:
    (1) The delinquent account is paid in full;
    (2) A negotiated repayment schedule is established and at least one 
payment is received; or
    (3) Other arrangements satisfactory to the Council are made.
    Pursuant to 31 U.S.C. 3720B and 31 CFR 901.6, unless waived, the 
Council is not permitted to extend financial assistance in the form of 
a loan, loan guarantee, or loan insurance to any person delinquent on a 
nontax debt owed to a Federal agency. This prohibition does not apply 
to disaster loans.
    Pursuant to 28 U.S.C. 3201(e), a debtor who has a judgment lien 
against the debtor's property for a debt to the United States shall not 
be eligible to receive any grant or loan which is made, insured, 
guaranteed, or financed directly or indirectly by the United States or 
to receive funds directly from the Federal government in any program, 
except funds to which the debtor is entitled as beneficiary, until the 
judgment is paid in full or otherwise satisfied. The Council may 
promulgate regulations to allow for waiver of this restriction on 
eligibility for such grants.
    (d) List of Parties Excluded from Procurement and Nonprocurement 
Programs. The System for Award Management (SAM) (previously this 
information was located within the Excluded Parties Listing System), 
maintained by the General Services Administration (GSA), is available 
at https://www.sam.gov. SAM encompasses the capabilities of the Central 
Contractor Registration (CCR)/Federal Agency Registration (FedReg), 
Online Representations and Certifications Application (ORCA), and the 
Excluded Parties List System (EPLS), among other federal databases, and 
will be checked by Council to ensure that an applicant is properly 
registered and eligible to receive a Council financial assistance 
award.
    (e) Pre-Award Accounting System Surveys. The Council Grants Office 
may

[[Page 69823]]

require a pre-award survey of the applicant's financial management 
system in cases where the recommended applicant has had no prior 
Federal support, the operating unit has reason to question whether the 
financial management system meets Federal financial management 
standards, or the applicant is being considered for a high-risk 
designation.
    (f) Other. Council may conduct additional pre-award screenings in 
accordance with new public laws or administrative directives.
    4. No Obligation for Future Funding. If the Council obligates 
funding for an applicant's project, the Council has no obligation to 
provide any additional future funding in connection with that award. 
Any amendment of an award to increase funding or to extend the period 
of performance is at the total discretion of the Council.
    5. Pre-Award Activities. If an applicant incurs any costs prior to 
receiving an award, it does so solely at its own risk of not being 
reimbursed by the Government. Notwithstanding any verbal or written 
assurance that may have been received, there is no obligation on the 
part of Council to cover pre-award costs unless approved by the Grants 
Officer as part of the terms of the award, or as authorized for awards 
that meet the requirements outlined in any Council implementing 
regulations promulgated pursuant to its authority.
    6. Freedom of Information Act (FOIA) Disclosure. The FOIA (5 U.S.C. 
552) and any Council implementing regulations promulgated pursuant to 
its authority set forth the process and procedure the Council follows 
to make requested material, information, and records publicly 
available. Unless prohibited by law and to the extent required under 
the FOIA, contents of applications, proposals, and other information 
submitted by applicants may be released in response to FOIA requests. 
Applicants and recipients should designate by appropriate markings, 
either at the time of submission or at a reasonable time thereafter, 
any portions of its submissions that it considers protected from 
disclosure under 5 U.S.C. 552(b)(4). In addition, Federal contractors 
may assist with program implementation and have access to materials 
applicants and recipients submit.
    7. False Statements. A false statement on an application is grounds 
for denial or termination of an award, and/or possible punishment by a 
fine or imprisonment as provided in 18 U.S.C. 1001.
    8. Application Forms. Unless a notice announcing the availability 
of funding states otherwise, the following forms, family of forms, and/
or certifications are required, as applicable, for Council grants and 
cooperative agreements: OMB Standard Forms (SF) SF-424, ``Application 
for Federal Assistance;'' SF-424A, ``Budget Information--Non-
Construction Programs;'' SF-424B, ``Assurances--Non-Construction 
Programs;'' SF-424C, ``Budget Information--Construction Programs;'' SF-
424D, ``Assurances--Construction Programs;'' SF-424 Family of Forms for 
Research and Related Programs; SF-424 Short Organizational Family; SF-
424 Individual Form Family; and SF-424 Mandatory Family. In addition, 
any Council certifications regarding lobbying, lobbying and lower-tier 
covered transactions promulgated pursuant to its authortiy; and SF-LLL, 
``Disclosure of Lobbying Activities,'' will be used as appropriate.
    9. Environmental Compliance. Applicants and recipients (including 
subrecipients) of grants and cooperative agreements subject to this 
notice must comply with all applicable environmental laws, regulations, 
and policies. Additionally, applicants and recipients may be required 
to assist the Council in complying with laws, regulations, and policies 
applicable to Council actions. Laws, regulations, and policies 
potentially applicable to Council actions and/or applicants and 
recipients may include but are not limited to the statutes and 
Executive Orders listed below. The Council does not make independent 
determinations of compliance with laws such as the Clean Water Act. 
Rather, the Council may require an applicant or recipient to provide 
information to the Council to demonstrate that the applicant or 
recipient has complied with or will comply with such requirements. The 
failure to comply with or assist the Council in complying with 
applicable environmental requirements may be a basis for not selecting 
an application. In some cases, if additional information is required 
after an application is selected, funds can be withheld by the Grants 
Officer under a special award condition requiring the applicant to 
submit additional information sufficient to enable the Council to make 
an assessment regarding compliance with applicable environmental laws, 
regulations, or policies.
    (a) The National Environmental Policy Act (42 U.S.C. 4321 et seq.). 
Council approval of financial assistance awards may be subject to the 
environmental review requirements of the National Environmental Policy 
Act (NEPA). In such cases, applicants and recipients of financial 
assistance awards may be required to assist the Council in complying 
with NEPA. For example, applicants may be required to assist the 
Council by providing information on a proposal's potential 
environmental impacts, or drafting or supplementing an environmental 
assessment or environmental impact statement if the Council determines 
such documentation is required. Independent of the Council's 
responsibility to comply with NEPA, where appropriate, projects or 
programs funded by the Council may trigger Federal agency NEPA 
compliance duties involving a separate Federal action, such as the 
issuance of a Federal permit.
    (b) The Endangered Species Act (16 U.S.C. 1531 et seq.). Council 
approval of financial assistance for project implementation is subject 
to compliance with section 7 of the Endangered Species Act (ESA). 
Applicants and recipients must identify any impact or activities that 
may involve a Federally-listed threatened or endangered species, or 
their designated critical habitat. Section 7 of the ESA requires every 
Federal agency to ensure that any action it authorizes, funds, or 
carries out, in the United States or upon the high seas, is not likely 
to jeopardize the continued existence of any listed species or result 
in the destruction or adverse modification of designated critical 
habitat. Federal agencies have the responsibility for ensuring that a 
protected species or habitat does not incur adverse effects from 
actions taken under Federal assistance awards, and for conducting the 
required consultations with the National Marine Fisheries (NMFS) and 
the U.S. Fish and Wildlife Service (U.S. FWS) under the Endangered 
Species Act, as applicable.
    (c) Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), Essential Fish Habitat Regulations (50 CFR 
Subpart J and K). Applicants and recipients of financial assistance 
awards must identify to the Council any effects the award may have on 
essential fish habitat (EFH). Federal agencies which fund, permit, or 
carry out activities that may adversely impact EFH are required to 
consult with NMFS regarding the potential effects of their actions, and 
respond in writing to NMFS recommendations. These recommendations may 
include measures to avoid, minimize, mitigate, or otherwise offset 
adverse effects on EFH. In addition, NMFS is required to comment on any 
state agency activities that would impact EFH. Provided the 
specifications outlined in the

[[Page 69824]]

regulations are met, EFH consultations will be incorporated into 
interagency procedures previously established under the NEPA, ESA, 
Clean Water Act (CWA), Fish and Wildlife Coordination Act, or other 
applicable statutes.
    (d) Clean Water Act Section 404 (33 U.S.C. 1344 et seq.). CWA 
Section 404 regulates the discharge of dredged or fill material into 
waters of the United States, including wetlands. Activities in waters 
of the United States regulated under this program include fill for 
development, water resource projects (such as levees and some coastal 
restoration activities), and infrastructure development (such as 
highways and airports). CWA Section 404 requires a permit from the U.S. 
Army Corps of Engineers before dredged or fill material may be 
discharged into waters of the United States, unless the activity is 
exempt from Section 404 regulation (e.g. certain farming and forestry 
activities).
    (e) The Migratory Bird Treaty Act (1 U.S.C. 703-712 et seq.), Bald 
and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and Executive 
Order No. 13186, Responsibilities of Federal Agencies to Protect 
Migratory Birds. A number of prohibitions and limitations apply to 
projects that adversely impact migratory birds and bald and golden 
eagles. Executive Order 13186 directs Federal agencies to enter a 
Memorandum of Understanding with the U.S. FWS to promote conservation 
of migratory bird populations when a Federal action will have a 
measurable negative impact on migratory birds.
    (f) National Historic Preservation Act (16 U.S.C. 470 et seq.). 
Council approval of financial assistance awards may be subject to 
Section 106 of the National Historic Preservation Act (NHPA). In such 
cases, applicants and recipients of financial assistance awards may be 
requested to assist the Council in identifying any adverse effects the 
award may have on properties included on or eligible for inclusion on 
the National Register of Historic Places. Pursuant to 40 CFR 
800.2(c)(4), applicants and recipients may also be requested to assist 
the Council in initiating consultation with State or Tribal Historic 
Preservation Officers, Indian tribes, Native Hawaiian Organizations or 
other applicable interested parties as necessary to the Council's 
responsibilities to identify historic properties, assess adverse 
effects to them, and determine ways to avoid, minimize or mitigate 
adverse effects on historic properties.
    (g) Executive Order 11988 (``Floodplain Management'') and Executive 
Order 11990 (``Protection of Wetlands''). Applicants and recipients 
must identify proposed actions located in a 100-year floodplain and/or 
wetlands to enable Council to determine whether there is an alternative 
to minimize any potential harm.
    (h) Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) (Clean Water Act), and Executive 
Order 11738 (``Providing for administration of the Clean Air Act and 
the Federal Water Pollution Control Act with respect to Federal 
contracts, grants or loans''). Applicants and recipients must comply 
with the provisions of the Clean Air Act (42 U.S.C. 7401 et seq.), 
Clean Water Act (33 U.S.C. 1251 et seq.), and Executive Order 11738. 
Recipients shall not use a facility that the Environmental Protection 
Agency (EPA) has placed on EPA's List of Violating Facilities (this 
list is incorporated into the Excluded Parties List System which is 
part of SAM located at https://www.sam.gov) in performing any award 
that is nonexempt under subpart J of 2 CFR part 1532.
    (i) The Flood Disaster Protection Act (42 U.S.C. 4002 et seq.). 
Flood insurance, when available, is required for Federally-assisted 
construction or acquisition in areas having special flood hazards and 
flood-prone areas. When required, recipients will ensure that flood 
insurance is secured for their project(s).
    (j) The Coastal Zone Management Act (16 U.S.C. 1451 et seq.). 
Federally funded projects must be consistent with a coastal state's 
approved management program for the coastal zone.
    (k) The Coastal Barriers Resources Act (16 U.S.C. 3501 et seq.). 
Only in certain circumstances can Federal funding be provided for 
actions within a Coastal Barrier System. This Act generally prohibits 
new Federal expenditures, including Federal grants, within specific 
units of the Coastal Barrier Resources System (CBRS). Although the Act 
restricts Federal expenditures for coastal barrier development, Section 
6(a)(6)(A) contains an exemption for projects relating to the study, 
management, protection, or enhancement of fish and wildlife resources 
and habitats, including recreational projects. Section 6(a)(6)(G) also 
exempts nonstructural projects for shoreline stabilization that are 
designed to mimic, enhance, or restore natural stabilization systems. 
However, care must be taken when interpreting any exemptions described, 
as they are limited to projects that are consistent with the purpose of 
this Act as interpreted by the lead agency, the Department of the 
Interior. Applicants should work with the U.S. FWS, which reviews 
proposals to determine whether a project falls within a protected unit 
and if so, whether an exception applies. Maps of the CBRS are available 
at http://www.fws.gov/habitatconservation/coastal_barrier.html.
    (l) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.). This 
Act applies to awards that may affect existing or proposed components 
of the National Wild and Scenic Rivers system. Funded projects in the 
National Wild and Scenic Rivers system must be consistent with Wild and 
Scenic Rivers Act requirements.
    (m) The Safe Drinking Water Act (42 U.S.C. 300 et seq.). The Sole 
Source Aquifer program under this statute precludes Federal financial 
assistance for any project that the EPA determines may contaminate a 
designated sole source aquifer through a recharge zone so as to create 
a significant hazard to public health.
    (n) The Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
seq.). This act regulates the generation, transportation, treatment, 
and disposal of hazardous wastes, and also provides that recipients of 
Federal funds that are state agencies or political subdivisions of 
states give preference in their procurement programs to the purchase of 
recycled products pursuant to EPA guidelines.
    (o) The Comprehensive Environmental Response, Compensation, and 
Liability Act (Superfund) (42 U.S.C. 9601 et seq.), as amended by the 
Community Environmental Response Facilitation Act, provides the 
President with broad, discretionary response authorities to address 
actual and threatened releases of hazardous substances, as well as 
pollutants and contaminants where there is an imminent and substantial 
danger to public health and the environment. Section 103 of this Act 
contains specific reporting requirements and responsibilities and 
section 117 of the Act contains specific provisions designed to ensure 
meaningful public participation in the response process.
    (p) Executive Order 12898 (``Environmental Justice in Minority 
Populations and Low Income Populations''). This Order identifies and 
addresses adverse human health or environmental effects of programs, 
policies and activities on low income and minority populations. 
Consistent with Executive Order 12898, applicants and recipients may be 
requested to help identify and address, as appropriate, 
disproportionate impacts to low income and minority populations which 
could result from their project.

[[Page 69825]]

    10. Limitation of Liability. In no event will the Council be 
responsible for proposal preparation costs if a program fails to 
receive funding or is cancelled because of other agency priorities. The 
publication of an announcement of funding availability does not oblige 
the Council to award any specific project or to obligate any available 
funds.
    B. The following general provisions will apply to all Council grant 
awards:
    1. Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards. The uniform administrative 
requirements, cost principles, and audit requirements for all Council 
grants and cooperative agreements are codified at 2 CFR part 200.
    2. Award Payments. Advances will be limited to the minimum amounts 
necessary to meet immediate disbursement needs, but in no case should 
advances exceed the amount of cash required for a 30-day period. Any 
advanced funds that are not disbursed in a timely manner and any 
applicable interest must be returned promptly to the Council. The 
Council uses the Department of the Treasury's Automated Standard 
Application for Payment (ASAP) system. In order to receive payments 
under ASAP, recipients will be required to enroll electronically in the 
ASAP system by providing their Federal awarding agency with pertinent 
information to begin the enrollment process, which allows them to use 
the online and Voice Response System (VRS) method of withdrawing funds 
from their ASAP established accounts. It is the recipient's 
responsibility to ensure that its contact information is correct. The 
funding agency must be provided a Point of Contact name, mailing 
address, email address, telephone number, Data Universal Number System 
(DUNS) identifier issued by the commercial company Dun & Bradstreet 
(D&B), and taxpayer identification number (TIN) to commence the 
enrollment process. In order to be able to complete the enrollment 
process, the recipient will need to identify a Head of Organization, an 
Authorizing Official, and a Financial Officer. It is very important 
that the recipient's banking data be linked to the funding agency's 
Agency Location Code in order to ensure proper payment under an award. 
For additional information on this requirement, prospective applicants 
should contact the Council.
    3. Federal and Non-Federal Cost Sharing.
    (a) Awards that include Federal and non-Federal cost sharing will 
incorporate a budget consisting of shared allowable costs. If actual 
allowable costs are less than the total approved budget, the Federal 
and non-Federal cost shares shall be calculated by applying the 
approved Federal and non-Federal cost share ratios to actual allowable 
costs. If actual allowable costs are greater than the total approved 
budget, the Federal share will not exceed the total Federal dollar 
amount authorized by the award.
    (b) The non-Federal share, whether in cash or in-kind, is to be 
paid out at the same general rate as the Federal share. Exceptions to 
this requirement may be granted by the Grants Officer based on 
sufficient documentation demonstrating previously determined plans for 
or later commitment of cash or in-kind contributions. In any case, 
recipients must meet the cost share commitment over the life of the 
award.
    (c) For grant awards made under 33 U.S.C. 1321(t)(3), a Gulf Coast 
State of coastal political subdivision may use, in whole or in part, 
amounts made available to that Gulf Coast State or coastal political 
subdivision to satisfy the non-Federal share of any project or program 
that is (I) authorized by Federal law; (II) is an eligible activity 
described in 33 U.S.C. 1321(t)(1)(i) and (ii). Using funds for the non-
Federal share shall not affect the priority in which other Federal 
funds are allocated or awarded. See 33 U.S.C. 1321(t)(3)(F).
    4. Budget Changes and Transfers among Cost Categories. When the 
terms of an award allow the recipient to transfer funds among approved 
direct cost categories, the transfer authority does not authorize the 
recipient to create new budget categories within an approved budget 
unless the Grants Officer has provided prior approval. In addition, the 
recipient will not be authorized at any time to transfer amounts 
budgeted for direct costs to the indirect costs line item or vice 
versa, without written prior approval of the Grants Officer.
    5. Three (3) Percent Cap on Administrative Costs. Of the amounts 
received by a Gulf Coast State, coastal political subdivision, or 
coastal zone parish in a grant from Treasury under the Direct 
Component, or in a grant from the Council under the Comprehensive Plan 
Component or Spill Impact Component, not more than three percent may be 
used for administrative costs. The three percent limit is applied to 
the total amount of funds received by a recipient under each grant. The 
three percent limit does not apply to the administrative costs of 
subrecipients. All subrecipient costs are subject to the cost 
principles in Federal law and policies on grants. See 31 CFR 34.204(a), 
Treasury's regulations implementing the limitation set forth in 33 
U.S.C. 1321(t)(1)(ii)(IX). See also 31 CFR 34.2 Definitions--
Administrative Costs.
    6. Indirect Costs and Facilities and Administrative Costs.
    (a) Indirect (facilities and administrative (F&A) costs will not be 
allowable charges against an award unless permitted under subawards and 
specifically included as a line item in the award's approved budget.)
    (b) Excess indirect costs may not be used to offset unallowable 
direct costs.
    (c) OMB established the cognizant agency concept, under which a 
single agency represents all others in dealing with grantees in common 
areas. The cognizant agency reviews and approves a recipient's indirect 
cost rate. Approved rates must be accepted by other agencies, unless 
specific program regulations restrict the recovery of indirect costs. 
If indirect costs are permitted and the recipient would like to include 
indirect costs in its budget, but the recipient has not previously 
established an indirect cost rate with a Federal agency, the 
negotiation and approval of a rate will be subject to the procedures in 
the applicable cost principles.
    (d) For those organizations for which the Council is cognizant or 
has oversight, the Council or its designee will either negotiate a 
fixed rate with carry-forward provisions or, in some instances, limit 
its review to evaluating the procedures described in the recipient's 
cost allocation plan. Indirect cost rates and cost allocation 
methodology reviews are subject to future audits to determine actual 
indirect costs. For general guidance on how to put an indirect cost 
plan together go to: http://www.dol.gov/oasam/programs/boc/costdeterminationguide/main.htm.
    (2) Within 90 days of the award date, the recipient shall submit to 
the address listed below documentation (indirect cost proposal, cost 
allocation plan, etc.) necessary to perform the review. The recipient 
shall provide the Grants Officer with a copy of the transmittal letter.

Gulf Coast Ecosystem Restoration Council,
Attn: Grants Office,
500 Poydras St., Suite 1117,
New Orleans, LA 70130.

    (3) The recipient can use the fixed rate proposed in the indirect 
cost plan until such time as the Council provides a response to the 
submitted plan. Actual indirect costs must be calculated annually and 
adjustments made through the carry-forward provision used in

[[Page 69826]]

calculating next year's rate. This calculation of actual indirect costs 
and the carry-forward provision is subject to audit. Indirect cost rate 
proposals must be submitted annually. Organizations that have 
previously established indirect cost rates must submit a new indirect 
cost proposal to the cognizant agency within six months after the close 
of each recipient's fiscal year.
    (d) When the Council is not the oversight or cognizant Federal 
agency, the recipient shall provide the Grants Officer with a copy of a 
negotiated rate agreement or a copy of the transmittal letter submitted 
to the cognizant or oversight Federal agency requesting a negotiated 
rate agreement.
    (e) If the recipient fails to submit the required documentation to 
the Council within 90 days of the award date, the recipient may be 
precluded from recovering any indirect costs under the award. If the 
Council, oversight, or cognizant Federal agency determines there is 
good cause to excuse the recipient's delay in submitting the 
documentation, an extension of the 90-day due date may be approved by 
the Grants Officer.
    (f) The maximum dollar amount of allocable indirect costs for which 
the Council will reimburse the recipient shall be the lesser of the 
line item amount for the Federal share of indirect costs contained in 
the approved budget of the award, or the Federal share of the total 
allocable indirect costs of the award based on the indirect cost rate 
approved by an oversight or cognizant Federal agency and applicable to 
the period in which the cost was occurred, provided the rate is 
approved on or before the award end date.
    (g) The total allowable indirect costs are subject to the three (3) 
percent cap on administrative costs stated in 33 U.S.C. 
1321(t)(1)(iii). Pursuant to 31 CFR 34.2, administrative costs means 
those indirect costs for administration incurred by the Gulf Coast 
States, coastal political subdivisions, and coastal zone parishes that 
are allocable to activities authorized under the Act. Administrative 
costs may include costs for general management functions, general 
ledger accounting, budgeting, human resource services, general 
procurement services, and general legal services. Administrative costs 
do not include indirect costs that are identified specifically with, or 
readily assignable to: (1) Facilities; (2) Eligible projects, programs, 
or planning activities; or (3) Activities relating to grant 
applications, awards, audit requirements, or post-award management, 
including payments and collections.
    7. Tax Refunds. Refunds of Federal Insurance Contributions Act 
(FICA) or Federal Unemployment Tax Act (FUTA) taxes received by the 
non-Federal entity during or after the project period must be refunded 
or credited to Council where the benefits were financed with Federal 
funds under the award. The non-Federal entity agrees to contact the 
Grants Officer immediately upon receipt of these refunds. The non-
Federal entity further agrees to refund portions of FICA/FUTA taxes 
determined to belong to the Federal government, including refunds 
received after the project period ends.
    8. Other Federal Awards with Similar Programmatic Activities. 
Recipients will be required to provide written notification to the 
Federal Program Officer and the Grants Officer in the event that, 
subsequent to receipt of the Council award, other financial assistance 
is received to support or fund any portion of the scope of work 
incorporated into the Council award. The Council will not pay for costs 
that are funded by other sources.
    9. Non-Compliance with Award Provisions. Failure to comply with any 
or all of the provisions of an award, or the requirements of this 
notice, may have a negative impact on future funding by the Council and 
may be considered grounds for any or all of the following enforcement 
actions: establishment of an account receivable, withholding payments 
under any Council awards to the recipient, changing the method of 
payment from advance to reimbursement only, or the imposition of other 
special award conditions, suspension of any Council active awards, or 
termination of any Council active awards.
    10. Prohibition against Assignment by the Non-Federal Entity. The 
non-Federal entity shall not transfer, pledge, mortgage, or otherwise 
assign the award, or any interest therein, or any claim arising 
thereunder, to any party or parties, banks, trust companies, or other 
financing or financial institutions without the express written 
approval of the Grants Officer.
    11. Non-Discrimination Requirements. There are several Federal 
statutes, regulations, Executive Orders, and policies relating to non-
discrimination. No person in the United States shall, on the grounds of 
race, color, national origin, handicap, religion, age, or sex, be 
excluded from participation in, be denied the benefits of, or be 
subject to discrimination under any program or activity receiving 
Federal financial assistance. These requirements include but are not 
limited to:
    (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.) and any Council implementing regulations promulgated pursuant to 
its authority prohibiting discrimination on the grounds of race, color, 
or national origin under programs or activities receiving Federal 
financial assistance;
    (b) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
seq.) and any Council implementing regulations promulgated pursuant to 
its authority prohibiting discrimination on the basis of sex under 
Federally assisted education programs or activities;
    (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 794) and any Council implementing regulations promulgated 
pursuant to its authority prohibiting discrimination on the basis of 
handicap under any program or activity receiving or benefiting from 
Federal assistance. The U.S. Department of Justice issued regulations 
implementing Title II of the Americans with Disabilities Act (ADA) (28 
CFR part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of 
the ADA (28 CFR part 36; 75 FR 56164, as amended by 76 FR 13286). These 
regulations adopt enforceable accessibility standards called the ``2010 
ADA Standards for Accessible Design'' (2010 Standards). The Council 
deems compliance with the 2010 Standards to be an acceptable means of 
complying with the Section 504 accessibility requirements for new 
construction and alteration projects.
    (d) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) and 
any Council implementing regulations promulgated pursuant to its 
authority prohibiting discrimination on the basis of age in programs or 
activities receiving Federal financial assistance;
    (e) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.) prohibiting discrimination on the basis of disability under 
programs, activities, and services provided or made available by state 
and local governments or instrumentalities or agencies thereto, as well 
as public or private entities that provide public transportation;
    (f) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et 
seq.), relating to nondiscrimination in the sale, rental or financing 
of housing;
    (g) Parts II and III of Executive Order 11246, as amended by 
Executive Orders 11375 and 12086 requiring Federally assisted 
construction contracts to include the nondiscrimination provisions of 
sections 202 and 203 of that Executive Order and the Department of 
Labor's regulations at 41 CFR 60-1.4(b) implementing Executive Order 
11246;

[[Page 69827]]

    (h) Executive Order 13166 (August 11, 2000), ``Improving Access to 
Services for Persons With Limited English Proficiency,'' requiring 
Federal agencies to examine the services provided, identify any need 
for services to those with limited English proficiency (LEP), and 
develop and implement a system to provide those services so LEP persons 
can have meaningful access to them; and
    (i) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
seq.), recognizing the constitutionally-protected interest of religious 
organizations in making religiously-motivated employment decisions, 
religious organizations are expressly exempt from the prohibition 
against discrimination on the basis of religion.
    12. Inspector General Act of 1978, as amended (5 U.S.C. App. 3, 
Sec.  1 et seq.) and Single Audit Act Amendments of 1996 (as 
implemented by 2 CFR part 200, subpart F, ``Audit Requirements.''), 
non-Federal entities that are subject to the provisions of 2 CFR part 
200, subpart F and that expend $750,000 or more in a year in Federal 
awards must have an audit conducted for that year in accordance with 
the requirements contained in 2 CFR part 200, subpart F. When Council 
does not have a program-specific audit guide available for the program, 
the auditee and auditor must have basically the same responsibilities 
for the Federal program as they would have for an audit of a major 
program in a single audit and should refer to 2 CFR 200.507. The grant 
recipient may include a line item in the budget for the cost of the 
audit to be approved by the Grants Officer.
    13. Policies and Procedures for Resolution of Audit-Related Debts. 
The Council will establish policies and procedures for handling the 
resolution and reconsideration of financial assistance audits which 
have resulted in, or may result in, the establishment of a debt 
(account receivable) for financial assistance awards. The policies and 
procedures are consistent with the provisions of 2 CFR part 200, 
subpart F, and are provided in more detail in the Council Financial 
Assistance Standard Terms and Conditions.
    14. Debts. The non-Federal entity must promptly pay any debts 
determined to be owed the Federal government. Council debt collection 
procedures are set out in 2 CFR part 200, subpart D. In accordance with 
2 CFR 200.345, delinquent debt includes any funds paid to the non-
Federal entity in excess of the amount to which the non-Federal entity 
is finally determined to be entitled under the terms of the Federal 
award constitute a debt to the Federal government (this includes a 
post-delinquency payment agreement) unless other satisfactory payment 
arrangements have been made. In accordance with 2 CFR 200.345, failure 
to pay a debt by the due date, or if there is no due date, within 90 
calendar days after demand, shall result in the assessment of interest, 
penalties and administrative costs in accordance with the provisions of 
31 U.S.C. 3717 and 31 CFR parts 900 through 999. The Council will 
transfer any debt that is more than 180 days delinquent to the 
Financial Management Service for debt collection services, a process 
known as ``cross-servicing,'' pursuant 31 U.S.C. 3711(g), 31 CFR 285.12 
and any Council regulations and policies promulgated pursuant to its 
authority, and may result in Council taking further action as specified 
in the standard term and condition entitled ``Non-Compliance With Award 
Provisions.'' Funds for payment of a debt cannot come from other 
Federally-sponsored programs. Verification that other Federal funds 
have not been used will be made (e.g. during on-site visits and 
audits). If a non-Federal entity fails to repay a debt within 90 
calendar days after the demand, the Council may reduce the debt by 
following the procedures set forth in 2 CFR 200.345(a).
    15. Remedies for Noncompliance. If a non-Federal entity fails to 
comply with Federal statutes, regulations or the terms and conditions 
of a Federal award (including discovery of adverse information on a 
recipient or any key individual associated with a recipient which 
reflects significantly and adversely on the recipient's 
responsibility), the Council or pass-through entity may impose 
additional conditions, as described in 2 CFR 200.207. If the Council or 
pass-through entity determines that noncompliance cannot be remedied by 
imposing additional conditions, the Council or pass-through entity may 
take one or more of the following actions:
    (a) Require the recipient to correct the conditions.
    (b) Consider the recipient to be ``high risk'' and unilaterally 
impose special award conditions to protect the Federal government's 
interest.
    (c) Suspend or terminate an active award. The recipient will be 
afforded due process while effecting such actions.
    (d) Require the removal of personnel from association with the 
management of and/or implementation of the project and require Grants 
Officer approval of personnel replacements.
    (e) Withhold further Federal awards for the project or program.
    (f) Take other remedies that may be legally available.
    16. Competition and Standards of Conduct.
    (a) Pursuant to the certification in Form SF-424B, paragraph 3, 
non-Federal entities must maintain written standards of conduct to 
establish safeguards to prohibit employees from using their positions 
for a purpose that constitutes or presents the appearance of a personal 
or organizational conflict of interest, or personal gain in the 
administration of this award and any subawards.
    (b) Non-Federal entities must comply with the requirements of 2 CFR 
200.318 General procurement standards, including maintaining written 
standards of conduct covering conflicts of interest and governing the 
performance of its employees engaged in the selection, award and 
administration of contracts. No employee, officer, or agent must 
participate in the selection, award, or administration of a contract 
supported by a Federal award if he or she has a real or apparent 
conflict of interest. Such a conflict of interest would arise when the 
employee, officer, or agent, any member of his or her immediate family, 
his or her partner, or an organization which employs or is about to 
employ any of the parties indicated herein, has a financial or other 
interest in or a tangible personal benefit from a firm considered for a 
contract. The officers, employees, and agents of the non-Federal entity 
must neither solicit nor accept gratuities, favors, or anything of 
monetary value from contractors or parties to subcontracts. However, 
recipients may set standards for situations in which the financial 
interest is not substantial or the gift is an unsolicited item of 
nominal value. The standards of conduct must provide for disciplinary 
actions to be applied for violations of such standards by officers, 
employees, or agents of the non-Federal entity.
    (c) All subawards will be made in a manner to provide, to the 
maximum extent practicable, open and free competition in accordance 
with the requirements of 2 CFR 200.317 through 200.326, ``Procurement 
Standards.'' The non-Federal entity must be alert to organizational 
conflicts of interest as well as other practices among subrecipients 
that may restrict or eliminate competition. In order to ensure 
objective subrecipient performance and eliminate unfair competitive 
advantage, subrecipients that develop or draft work requirements, 
statements of work, or requests for

[[Page 69828]]

proposals shall be excluded from competing for such subawards.
    (d) For purposes of the award, a financial interest may include 
employment, stock ownership, a creditor or debtor relationship, or 
prospective employment with the organization selected or to be selected 
for a subaward. An appearance of impairment of objectivity could result 
from an organizational conflict where, because of other activities or 
relationships with other persons or entities, a person is unable or 
potentially unable to render impartial assistance or advice. It could 
also result from non-financial gain to the individual, such as benefit 
to reputation or prestige in a professional field.
    17. When contracting, the non-Federal entity must take all 
necessary affirmative steps, as prescribed in 2 CFR 200.321(b), to 
assure that minority businesses, women's business enterprises, and 
labor surplus area firms are used when possible.
    18. Subaward and/or Contract to a Federal Agency. The non-Federal 
entity, subrecipient, contractor, and/or subcontractor shall not sub-
grant or sub-contract any part of the approved project to any agency or 
employee of the Council and/or other Federal department, agency, or 
instrumentality without the prior written approval of the Grants 
Officer.
    19. Foreign Travel. Non-Federal entities must comply with the 
provisions of the Fly America Act (49 U.S.C. 40118) and the 
implementing Federal Travel Regulations (41 CFR 301-10.131 through 301-
10.143). The Fly America Act requires that Federal travelers and others 
performing U.S. Government-financed air travel must use U.S. flag 
carriers, to the extent that service by such carriers is available. 
Foreign air carriers may be used only in specific instances, such as 
when a U.S. flag air carrier is unavailable, or use of U.S. flag 
carrier service will not accomplish the agency's mission. If a non-
Federal entity anticipates using a foreign air carrier for any portion 
of travel under a Council financial assistance award, the recipient 
must receive prior approval from the Grants Officer.
    20. Purchase of American-Made Equipment and Products. Non-federal 
entities are encouraged, to the greatest extent practicable, to 
purchase American-made equipment and products with funding provided 
under Council financial assistance awards.
    21. Intangible Property Rights. Title to intangible property (as 
defined by 2 CFR 200.59 means property having no physical existence, 
such as trademarks, copyrights, patents and patent applications and 
property, such as loans, notes and other debt instruments, lease 
agreements, stock and other instruments of property ownership (whether 
the property is tangible or intangible)) acquired under a Federal award 
vests upon acquisition in the non-Federal entity. The non-Federal 
entity must use that property for the originally-authorized purpose, 
and must not encumber the property without approval of the Council. 
When no longer needed for the originally authorized purpose, 
disposition of the intangible property must occur in accordance with 
the provisions in 2 CFR 200.313(e).
    (a) Inventions. The non-Federal entity is subject to applicable 
regulations governing patents and inventions, including governmentwide 
regulations issued by the Department of Commerce at 37 CFR part 401, 
``Rights to Inventions Made by Nonprofit Organizations and Small 
Business Firms Under Government Awards, Contracts and Cooperative 
Agreements.''
    (b) Patent Notification Procedures. Pursuant to Executive Order 
12889, the Council is required to notify the owner of any valid patent 
covering technology whenever the Council or its financial assistance 
recipients, without making a patent search, knows (or has demonstrable 
reasonable grounds to know) that technology covered by a valid United 
States patent has been or will be used without a license from the 
owner. To ensure proper notification, if the recipient uses or has used 
patented technology under this award without a license or permission 
from the owner, the recipient will be required to notify the Grants 
Officer. This notice does not necessarily mean that the government 
authorizes and consents to any copyright or patent infringement 
occurring under the financial assistance award.
    (c) Data, Databases, and Software. The rights to any work produced 
or purchased under a Council financial assistance award are determined 
by policies promulgated pursuant to its authority. Such works may 
include data, databases or software. The recipient owns any work 
produced or purchased under a Council financial assistance award 
subject to Council's right to obtain, reproduce, publish or otherwise 
use the work or authorize others to receive, reproduce, publish or 
otherwise use the data for Federal government purposes.
    (d) Copyright. The non-Federal entity may copyright any work that 
is subject to copyright and was developed, or for which ownership was 
acquired, under a Federal award. Council 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.
    22. Seat Belt Use. Pursuant to Executive Order 13043, recipients 
shall seek to encourage employees and contractors to enforce on-the-job 
seat belt policies and programs when operating recipient/company-owned, 
rented or personally owned vehicles.
    23. Research Involving Human Subjects. All proposed research 
involving human subjects must be conducted in accordance with 15 CFR 
part 27, ``Protection of Human Subject.'' No research involving human 
subjects is permitted under any Council financial assistance award 
unless expressly authorized by the Grants Officer.
    24. Federal Employee Expenses. Federal agencies are generally 
barred from accepting funds from a recipient to pay transportation, 
travel, or other expenses for any Federal employee. Use of award funds 
(Federal or non-Federal) or the recipient's provision of in-kind goods 
or services for the purposes of transportation, travel, or any other 
expenses for any Federal employee, may raise appropriation augmentation 
issues. In addition, Council policy prohibits the acceptance of gifts, 
including travel payments for Federal employees, from recipients or 
applicants regardless of the source.
    25. Minority Serving Institutions (MSIs) Initiative. Pursuant to 
Executive Orders 13555 (``White House Initiative on Educational 
Excellence for Hispanics''), 13270 (``Tribal Colleges and 
Universities''), and 13532 (``Promoting Excellence, Innovation, and 
Sustainability at Historically Black Colleges and Universities''), the 
Council encourages all applicants and recipients to include meaningful 
participation of MSIs as appropriate. Institutions eligible to be 
considered MSIs are listed on the Department of Education's Web site.
    26. Access to Records. The Council, the Inspector General of the 
Treasury, the Comptroller General of the United States, or any of their 
duly authorized representatives, and, if appropriate, the State, shall 
have access to any pertinent books, documents, papers and records of 
the parties to a grant or cooperative agreement, whether written, 
printed, recorded, produced, or reproduced by any electronic, 
mechanical, magnetic or other process or medium, in order to make 
audits, inspections, excerpts, transcripts, or other examinations as 
authorized by law. An audit of an award may be conducted at any time.

[[Page 69829]]

    27. Research Misconduct. The Council adopts, and applies to 
financial assistance awards for research, the Federal Policy on 
Research Misconduct (Federal Policy) issued by the Executive Office of 
the President's Office of Science and Technology Policy on December 6, 
2000 (65 FR 76260). Recipient organizations that conduct extramural 
research funded by Council must foster an atmosphere conducive to the 
responsible conduct of sponsored research by safeguarding against and 
resolving allegations of research misconduct. Recipient organizations 
also have the primary responsibility to prevent, detect, and 
investigate allegations of research misconduct and, for this purpose, 
may rely on their internal policies and procedures, as appropriate, to 
do so. Federal award funds expended on an activity that is determined 
to be invalid or unreliable because of research misconduct may result 
in appropriate enforcement action under the award, up to and including 
award termination and possible suspension or debarment. The Council 
requires that any allegation that contains sufficient information to 
proceed with an inquiry be submitted to the Grants Officer, who will 
also notify the Treasury OIG of such allegation.
    28. Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763). 
Recipients must comply with this Act relating to prescribed standards 
for merit systems for programs funded under one of the 19 statutes or 
regulations specified in Appendix A of the Office of Personnel 
Management Standards for a Merit System of Personnel Administration (5 
CFR part 900, subpart F).
    29. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970, as amended (42 U.S.C. 4601 et seq.) and the 
Council implementing regulations promulgated pursuant to its authority. 
These provide for fair and equitable treatment of persons displaced or 
whose property is acquired as a result of Federal or Federally-assisted 
programs. These requirements apply to all interests in real property 
acquired for project purposes regardless of Federal participation in 
purchases.
    30. Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et 
seq.). Non-Federal entities must comply with the Lead-Based Paint 
Poisoning Prevention Act which prohibits the use of lead-based paint in 
construction or rehabilitation of residential structures.
    31. Hatch Act (5 U.S.C. 1501-1508 and 7324-7328). Non-Federal 
entities must comply with the Hatch Act which limits the political 
activities of employees or officers of State or local governments whose 
principal employment activities are funded in whole or in part with 
Federal funds.
    32. Labor standards for Federally-assisted construction sub-
agreements (wage guarantees). Recipients must comply, as applicable, 
with the provisions of the Davis-Bacon Act (40 U.S.C. 3141-3148); the 
Copeland ``Anti-Kickback'' Act (40 U.S.C. 3145 and 18 U.S.C. 874); and 
the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
    33. Care and Use of Live Vertebrate Animals. Non-Federal entities 
must comply with the Laboratory Animal Welfare Act of 1966 (Pub. L. 89-
544), as amended (7 U.S.C. 2131 et seq.) (animal acquisition, 
transport, care, handling, and use in projects) and implementing 
regulations, 9 CFR parts 1, 2, and 3; the Endangered Species Act (16 
U.S.C. 1531 et seq.); Marine Mammal Protection Act (16 U.S.C. 1361 et 
seq.) (taking possession, transport, purchase, sale, export or import 
of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention 
and Control Act (16 U.S.C. 4701 et seq.) (ensure preventive measures 
are taken or that probable harm of using species is minimal if there is 
an escape or release); and all other applicable statutes pertaining to 
the care, handling, and treatment of warm blooded animals held for 
research, teaching, or other activities supported by Federal financial 
assistance. No research involving vertebrate animals is permitted under 
any Council financial assistance award unless authorized by the Grants 
Officer.
    34. Publications, Videos, and Acknowledgment of Sponsorship. 
Publication of the results or findings in appropriate professional 
journals and production of videos or other media is encouraged as an 
important method of recording, reporting and otherwise disseminating 
information and expanding public access to federally-funded projects 
(e.g., scientific research). The recipient may be required to submit a 
copy of any publication materials, including but not limited to print, 
recorded or Internet materials to the funding agency. When releasing 
information related to a funded project the recipient must include a 
statement that the project or effort undertaken was or is sponsored by 
Council. The recipient is also responsible for assuring that every 
publication of material based on, developed under or otherwise produced 
under a Council award, except scientific articles or papers appearing 
in scientific, technical or professional journals, contains the 
following disclaimer or other disclaimer approved by the Grants 
Officer: ``This [report/video/etc.] was prepared by [non-Federal entity 
name] using Federal funds under award [number] from the Council. The 
statements, findings, conclusions, and recommendations are those of the 
author(s) and do not necessarily reflect the views of the Council.''
    35. Homeland Security Presidential Directive--12. If the 
performance of a grant award requires recipient organization personnel 
to have routine access to Federally-controlled facilities and/or 
Federally-controlled information systems (for purpose of this term 
``routine access'' is defined as more than 180 days), such personnel 
must undergo the personal identity verification credential process. In 
the case of foreign nationals, the Council will conduct a check with 
U.S. Citizenship and Immigration Services' (USCIS) Verification 
Division, a component of the Department of Homeland Security (DHS), to 
ensure the individual is in a lawful immigration status and that he or 
she is eligible for employment within the United States. Any items or 
services delivered under a financial assistance award shall comply with 
the Council personal identity verification procedures that implement 
Homeland Security Presidential Directive -12, ``Policy for a Common 
Identification Standard for Federal Employees and Contractors,'' FIPS 
PUB 201, and OMB Memorandum M-05-24. The recipient shall ensure that 
its subrecipients and contractors (at all tiers) performing work under 
this award comply with the requirements contained in this term. The 
Grants Officer may delay final payment under an award if the 
subrecipient or contractor fails to comply with the requirements listed 
in the term below. The recipient shall insert the following terms in 
all subawards and contracts when the subaward recipient or contractor 
is required to have routine physical access to a Federally-controlled 
facility or routine access to a Federally-controlled information 
system:
    (a) The subrecipient or contractor shall comply with Council 
personal identity verification procedures identified in the subaward or 
contract that implement Homeland Security Presidential Directive 12 
(HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, as 
amended, and Federal Information Processing Standards Publication (FIPS 
PUB) Number 201, as amended, for all employees under this subaward or 
contract who require routine physical access to a Federally-controlled 
facility or routine access to a Federally-controlled information 
system.

[[Page 69830]]

    (b) The subrecipient or contractor shall account for all forms of 
Government-provided identification issued to the subrecipient or 
contractor employees in connection with performance under this subaward 
or contract. The subrecipient or contractor shall return such 
identification to the issuing agency at the earliest of any of the 
following, unless otherwise determined by Council: (1) When no longer 
needed for subaward or contract performance; (2) upon completion of the 
subrecipient or contractor employee's employment; (3) upon completion 
of the subaward or contract.
    36. The Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7104(g)), as amended, and the implementing regulations at 2 CFR part 
175. The Trafficking Victims Protection Act of 2000 authorizes 
termination of financial assistance provided to a private entity, 
without penalty to the Federal government, if the recipient or 
subrecipient engages in certain activities related to trafficking in 
persons. The Council incorporates the award term required by 2 CFR 
175.15(b) into all financial assistance awards. See http://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part175.pdf for 
the full award term.
    37. The Federal Funding Accountability and Transparency Act of 2006 
(Pub. L. 109-282; codified at 31 U.S.C. 6101 note) (FFATA).
    (a) The FFATA requires information on Federal awards (Federal 
financial assistance and expenditures) be made available to the public 
via a single, searchable Web site. This information is available at 
USASpending.gov. Recipients and subrecipients must include the 
following required data elements in their application:
    (1) Name of entity receiving award;
    (2) Award amount;
    (3) Transaction type, funding agency, Catalog of Federal Domestic 
Assistance Number, and descriptive award title;
    (4) Location of entity, primary location of performance (City/
State/Congressional District/Country); and
    (5) Unique identifier of entity.
    (b) Reporting Subawards and Executive Compensation. Prime grant 
recipients awarded a new Federal grant greater than or equal to $25,000 
on or after October 1, 2010, other than those funded by the Recovery 
Act, are subject to FFATA subaward reporting requirements as outlined 
in 2 CFR part 170. The prime recipient is required to file a FFATA 
subaward report by the end of the month following the month in which 
the prime recipient awards any sub-grant greater than or equal to 
$25,000. See Pub. L. 109-282, as amended by section 6202(a) of Pub. L. 
110-252 (see 31 U.S.C. 6101 note). The Council incorporates the award 
term required by Appendix A of 2 CFR part 170 into all financial 
assistance awards. See http://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part170.pdf for the full award term and 
reporting requirements.
    (c) System for Award Management (formerly ``Central Contractor 
Registration (CCR)'') and Universal Identifier Requirements. Unless an 
exemption applies under 2 CFR 25.110, applicants for federal financial 
assistance awards must be registered in the System for Award Management 
(SAM)--which includes the former ``Central Contractor Registration 
(CCR)''--prior to submitting an application for financial assistance, 
maintain an active SAM registration with current information at all 
times during which it has an active Federal award or an application 
under consideration by an agency, and provide its DUNS number in each 
application it submits to the agency. For this purpose, the Council 
incorporates the award term required by Appendix A of 2 CFR part 25 
into all financial assistance awards. See http://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part25.pdf for the full 
award term.
    C. In limited circumstances (e.g., when required by statute), the 
Council will issue a Federal Register notice, in addition to a notice 
on www.grants.gov, announcing the availability of Federal funds for 
each Council competitive financial assistance program. Unless statute 
or regulation requires otherwise, such Federal Register notices will 
contain only the following program-specific information: Summary 
description of program; deadline date for receipt of applications; 
addresses for submission of applications; information contacts 
(including electronic access); the amount of funding available; 
statutory authority; the applicable Catalog of Federal Domestic 
Assistance (CFDA) number(s); eligibility requirements; cost-sharing or 
matching requirements; Intergovernmental Review requirements; 
evaluation criteria used by the merit reviewers, as applicable; 
selection procedures, including funding priorities/selection factors/
policy factors to be applied by the selecting official; and 
administrative and national policy requirements; and information about 
how to access the full program notice at www.grants.gov.
    D. When applicable, the Council follows the uniform format for an 
announcement of Federal Funding Opportunity notice for discretionary 
grants and cooperative agreements established by OMB in a guidance 
published in the Federal Register on June 23, 2003, and revised on 
October 8, 2003 (see 68 FR 37370 and 68 FR 58146, respectively). 
Announcements published by Council are available at www.grants.gov. 
Applicants are strongly encouraged and in some cases required to apply 
through www.grants.gov. It can take up to two weeks to register with 
www.grants.gov if problems are encountered. Registration is required 
only once. Applicants should consider the time needed to register with 
Grants.gov, and should begin the registration process well in advance 
of the application due date if they have never registered. Applicants 
should allow themselves adequate time to submit the proposal through 
Grants.gov, as the deadline for submission generally cannot be extended 
and there is significant potential for human or computer error during 
the electronic submission process. After registering, it may take 
several days or longer from the initial log-on before a new Grants.gov 
system user can submit an application. Only authorized individual(s) 
will be able to submit the application, and the system may need time to 
process a submitted proposal. Applicants should save and print the 
proof of submission they receive from Grants.gov, which may take up to 
two days to receive.

Administrative Procedure Act and Regulatory Flexibility Act

    Because notice and comment are not required under 5 U.S.C. 553, or 
any other law, for this notice relating to public property, loans, 
grants benefits or contracts (5 U.S.C. 553(a)), a Regulatory 
Flexibility Analysis is not required and has not been prepared for this 
notice.

Executive Order 13132 (Federalism)

    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132.

Paperwork Reduction Act

    This notice does not impose any new reporting or recordkeeping 
requirements under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et 
seq.). Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection-of-information, subject to the 
requirements of the PRA unless that collection of information displays 
a currently valid OMB control number. The use of the following family 
of forms has been approved by OMB under the following control numbers: 
(1) SF-424 Family: 0348-0041, 0348-0044, 4040-

[[Page 69831]]

0003, and 4040-0004; (2) SF-424 Research and Related Family: 4040-0001; 
SF-424 Individual Family: 4040-0005; (3) SF-424 Mandatory Family: 4040-
0002; and (4) SF-424 Short Organizational Family: 4040-0003. The use of 
Form SF-LLL is approved by OMB under the control numbers 0348-0046. The 
RESTORE Council may develop additional forms as necessary.

Catalog of Federal Domestic Assistance

    This notice affects all of the grant and cooperative agreement 
programs funded by the Council. The Catalog of Federal Domestic 
Assistance can be accessed at http://www.cfda.gov.

Jeffrey K. Roberson,
Senior Counsel, Department of Commerce.
[FR Doc. 2014-27719 Filed 11-21-14; 8:45 am]
BILLING CODE 6560-58-P