**COASTAL IMPACT ASSISTANCE PROGRAM**

**PROGRAM ANNOUNCEMENT**

**#MMS08HQPA0002C**

**FOR CONSTRUCTION PROGRAMS**

**for the**

**State of Louisiana and Qualified Louisiana Coastal Political
Subdivisions**

**OMB Control #: 1010-0170**

**CFDA #: 15.426**

**U.S. Department of the Interior**

**Minerals Management Service**

**January 2009**

TABLE OF CONTENTS

Page

I. FUNDING OPPORTUNITY DESCRIPTION
[1](#i.-funding-opportunity-description)

1\. Introduction [1](#introduction)

2\. Summary [1](#summary)

3\. Authorized Uses [1](#authorized-uses)

4\. Coastal Impact Assistance Plan [2](#coastal-impact-assistance-plan)

II\. AWARD INFORMATION [2](#ii.-award-information)

1\. Funding Amount [2](#funding-amount)

2\. Assistance Instrument [3](#assistance-instrument)

3\. Bundled, Combined, and Phased Projects
[3](#bundled-combined-and-phased-projects)

4\. Time Limitation of Funding [3](#time-limitation-of-funding)

5\. Funds Distribution Limitation [4](#funds-distribution-limitation)

6\. Cost Sharing or Matching Requirements
[5](#cost-sharing-or-matching-requirements)

7\. Funding for Real Property, Equipment, and Supplies
[5](#funding-for-real-property-equipment-and-supplies)

8\. Incurring Costs before Plan Approval
[6](#incurring-costs-before-plan-approval)

III\. ELIGIBILITY INFORMATION [6](#iii.-eligibility-information)

1\. Eligible Applicants [6](#eligible-applicants)

2\. Sub-Grants [7](#sub-grants)

IV\. APPLICATION AND SUBMISSION INFORMATION
[7](#iv.-application-and-submission-information)

1\. Address to Request Application Package
[7](#address-to-request-application-package)

2\. Content and Form of Application
[7](#content-and-form-of-application)

OMB Form SF-424: Application for Federal Assistance
[7](#omb-form-sf-424-application-for-federal-assistance)

OMB Form SF-424C: Budget Information Construction Programs
[8](#omb-form-sf-424c-budget-information-construction-programs)

OMB Form SF-424D: Assurances for Construction Programs
[9](#omb-form-sf-424d-assurances-for-construction-programs)

GG_Lobbying Form: Certification Regarding Lobbying
[9](#gg_lobbying-form-certification-regarding-lobbying)

OMB Form SF-LLL: Disclosure of Lobbying Activities
[10](#omb-form-sf-lll-disclosure-of-lobbying-activities)

Project Narrative Attachment [10](#project-narrative-attachment)

Budget Narrative Attachment [15](#budget-narrative-attachment)

Additional Budgetary Considerations
[16](#additional-budgetary-considerations)

Acknowledgement of CIAP Funds [16](#acknowledgement-of-ciap-funds)

Photo Documentation [17](#photo-documentation)

3\. Application Submission Date [17](#__RefHeading___Toc210797443)

4\. Hiring Contractors to Prepare Grant Applications
[18](#hiring-contractors-to-prepare-grant-applications)

V. APPLICATION REVIEW INFORMATION
[18](#v.-application-review-information)

1\. Criteria [18](#criteria)

2\. Review and Selection Process [18](#review-and-selection-process)

3\. Anticipated Award Dates [18](#anticipated-award-dates)

VI\. AWARD ADMINISTRATION INFORMATION
[19](#vi.-award-administration-information)

1\. Award Notices [19](#award-notices)

2\. Administrative and National Policy Requirements
[19](#administrative-and-national-policy-requirements)

3\. Grant Payments [19](#grant-payments)

4\. Reporting [20](#reporting)

Federal Cash Transactions Reports (for Advances Only)
[20](#federal-cash-transactions-reports-for-advances-only)

Performance and Financial Status Reporting Requirements
[20](#performance-and-financial-status-reporting-requirements)

Single Audit Requirements [20](#single-audit-requirements)

VII\. AGENCY CONTACTS [21](#vii.-agency-contacts)

Grants.gov Help Desk [21](#grants.gov-help-desk)

CIAP Grant and Announcement Questions
[21](#ciap-grant-and-announcement-questions)

CIAP Program Questions [21](#ciap-program-questions)

Headquarters [21](#headquarters)

Alabama, Louisiana, Mississippi, and Texas
[21](#alabama-louisiana-mississippi-and-texas)

# I. FUNDING OPPORTUNITY DESCRIPTION

## 1. Introduction

This announcement provides instructions and guidance to the State of
Louisiana and its 19 qualified coastal political subdivisions (CPS's) on
the content and submittal process (Section IV) for Coastal Impact
Assistance Program (CIAP) grant applications to the Minerals Management
Service (MMS). Applicants should review the CIAP State Plan Guidelines
and Grant Application Guidelines for detailed information on, and
requirements of, the Program
([www.mms.gov/offshore/CIAPmain.htm](http://www.mms.gov/offshore/CIAPmain.htm)).

## 2. Summary

Section 384 of the Energy Policy Act of 2005 (Act) created CIAP by
amending Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C.
§ 1356a). Under the provisions of the Act, the authority and
responsibility for the management of CIAP is vested in the Secretary of
the Department of the Interior (Secretary). The Secretary has delegated
this authority and responsibility to MMS.

Under Section 1356a(b)(1) of the Act, MMS shall disburse \$250 million
for each fiscal year (FY) 2007 through 2010 to eligible producing States
(State) and CPS's. The funds allocated to each State are based on the
proportion of qualified Outer Continental Shelf (OCS) revenues offshore
the individual State to total qualified OCS revenues from all States.
All funds will be disbursed through a noncompetitive grant process.

To receive CIAP funds, States are required to submit a coastal impact
assistance plan (Plan) that MMS must approve prior to disbursing any
funds (Section 1356a(c)(2)(A)). States should develop Plans in
coordination with their CPS's. After a Plan has been approved by MMS,
eligible recipients within the State may submit grant applications for
projects identified in the Plan.

## 3. Authorized Uses

The Act stipulates that CIAP funds shall only be used for one or more of
the following authorized uses:

> 1\. projects and activities for the conservation, protection, or
> restoration of coastal areas, including wetland;
>
> 2\. mitigation of damage to fish, wildlife, or natural resources;
>
> 3\. planning assistance and the administrative costs of complying with
> CIAP;
>
> 4\. implementation of a federally-approved marine, coastal, or
> comprehensive conservation management plan; and
>
> 5\. mitigation of the impact of OCS activities through funding of
> onshore infrastructure projects and public service needs.

If MMS determines that any expenditure made by a recipient is
inconsistent with the uses authorized under the Act and/or its State
Plan, MMS shall not distribute additional CIAP funds to that State or
CPS until such time as all amounts obligated for unauthorized uses have
been repaid or reobligated to authorized uses.

## 4. Coastal Impact Assistance Plan

To receive CIAP funds, States are required to submit a CIAP Plan that
MMS must approve prior to disbursing any funds. After a Plan has been
approved by MMS, eligible recipients within the State may submit grant
applications for projects identified in the Plan.

The MMS approved the Louisiana CIAP Plan on November 29, 2007, therefore
the State of Louisiana and its 19 qualified CPS's are eligible to
receive FY 2007 and 2008 CIAP funding under this announcement.

# II. AWARD INFORMATION

## 1. Funding Amount

This announcement is for FY 2007 and 2008 CIAP funds; all grant
applications must be submitted by the end of the calendar year 2011 with
all projects completed by the end of 2014. Each recipient's FY 2007 and
2008 funding amount is listed below and is also posted on the CIAP
website
([www.mms.gov/offshore/CIAPmain.htm](http://www.mms.gov/offshore/CIAPmain.htm)):

+-----------------------+-----------------------+-----------------------+
| **Recipient**         | **FY 2007**           | **FY 2008**           |
|                       |                       |                       |
|                       | **Allotment (\$)**    | **Allotment (\$)**    |
+-----------------------+-----------------------+-----------------------+
| **Louisiana State**   | 82,906,134.07         | 82,906,134.07         |
+-----------------------+-----------------------+-----------------------+
| **Assumption Parish** | 1,464,263.20          | 1,464,263.20          |
+-----------------------+-----------------------+-----------------------+
| **Calcasieu Parish**  | 2,209,951.24          | 2,209,951.24          |
+-----------------------+-----------------------+-----------------------+
| **Cameron Parish**    | 2,939,072.41          | 2,939,072.41          |
+-----------------------+-----------------------+-----------------------+
| **Iberia Parish**     | 2,250,670.86          | 2,250,670.86          |
+-----------------------+-----------------------+-----------------------+
| **Jefferson Parish**  | 3,815,520.53          | 3,815,520.53          |
+-----------------------+-----------------------+-----------------------+
| **Lafourche Parish**  | 2,348,997.75          | 2,348,997.75          |
+-----------------------+-----------------------+-----------------------+
| **Livingston Parish** | 1,652,927.20          | 1,652,927.20          |
+-----------------------+-----------------------+-----------------------+
| **Orleans Parish**    | 3,773,991.48          | 3,773,991.48          |
+-----------------------+-----------------------+-----------------------+
| **Plaquemines         | 4,554,253.97          | 4,554,253.97          |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Bernard         | 2,307,278.02          | 2,307,278.02          |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Charles         | 1,577,519.47          | 1,577,519.47          |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. James Parish**  | 1,374,598.90          | 1,374,598.90          |
+-----------------------+-----------------------+-----------------------+
| **St. John the        | 1,479,903.09          | 1,479,903.09          |
| Baptist Parish**      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Martin Parish** | 1,607,963.60          | 1,607,963.60          |
+-----------------------+-----------------------+-----------------------+
| **St. Mary Parish**   | 1,880,298.83          | 1,880,298.83          |
+-----------------------+-----------------------+-----------------------+
| **St. Tammany         | 2,217,097.81          | 2,217,097.81          |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **Tangipahoa Parish** | 1,675,530.05          | 1,675,530.05          |
+-----------------------+-----------------------+-----------------------+
| **Terrebonne Parish** | 3,364,675.17          | 3,364,675.17          |
+-----------------------+-----------------------+-----------------------+
| **Vermilion Parish**  | 2,147,250.92          | 2,147,250.92          |
+-----------------------+-----------------------+-----------------------+

## 2. Assistance Instrument

The CIAP funds shall be disbursed through a noncompetitive grant
process. Grant recipients shall comply with all applicable sections of
[43 C.F.R. Part
12](http://www.access.gpo.gov/nara/cfr/waisidx_04/43cfr12_04.html),
*Administrative and Audit Requirements and Cost Principles for
Assistance Programs*.

## 3. Bundled, Combined, and Phased Projects

The MMS does not encourage the inclusion of more than one project into
one grant award. However, bundling will be considered on a case-by-case
basis. Recipients may only bundle projects that are similar in nature
and have the same authorized use. A detailed budget and project
narrative must be provided for each individual project within the
bundle; the rationale for bundling the projects must also be provided in
the Project Narrative Attachment (Section IV.2). Recipients should limit
bundling to no more than 3 projects per one grant award.

States and CPS's may also combine their allocations to fund mutually
beneficial projects. Each recipient, however, must submit a separate
application for their specific portion of the work; each recipient will
receive a separate grant award. The location of all such projects and
the funding combinations for the project must be described in the
State's Plan.

States and CPS's may submit a project with several phases within one
grant. Special award conditions, though, may be associated with a phase.
For example, funding may not be made available for a particular phase
until certain conditions have been met, such as having the necessary
permits for the project (Section IV.2, Project Narrative Attachment
Form, item #10).

## 4. Time Limitation of Funding

The MMS will issue grants for up to 1-, 2-, 3- or 4-year award periods.
Recipients may submit an application for a project of up to 4 years in
length requiring funding from only one of the four funding years
(2007-2010) or recipients may submit an application for multiple years
in length requiring funding from more than one of the fiscal years. In
the latter case, recipients must submit requests for amendments to the
grant award; the Contracting Officer will review the request; and upon
approval, amend the award to add the additional funding.

Examples of the above:

A recipient has a \$2,000,000 construction project that will take 4
years (2008-2011) to complete. The recipient may:

-   In 2008, submit an application through Grants.gov for \$2,000,000 of
    FY 2007 funding and a grant will be awarded,

-   In 2008, submit an application through Grants.gov for \$2,000,000
    (\$1,000,000 of FY 2007 funding and \$1,000,000 of FY 2008 funding)
    \[Note: enter \$2,000,000 on the SF-424 and SF-424C with an
    appropriate breakdown of FY funding in the Budget Narrative
    Attachment (Section IV.2), or

-   In 2008, submit an application through Grants.gov for \$1,000,000 of
    FY 2007 funding and a grant will be awarded. In 2009 (when the FY
    2009 funds are available), request an amendment to add \$500,000 of
    FY 2009 funding by submitting an updated application (new SF-424,
    SF-424C and SF-424D with any updates to the Project and Budget
    Narratives) through Grants.gov and the Contracting Officer, after
    appropriate review, will amend the grant accordingly; then in 2010
    (when the FY 2010 funds are available), request another amendment to
    add \$500,000 of FY 2010 funding by submitting another updated
    application through Grants.gov.

The application should clearly describe in the Project Narrative
Attachment (Section IV.2) and the Budget Narrative Attachment (Section
IV.2), respectively, the work to be completed and the dollar amounts to
be expended in each year of the project.

Grant recipients are responsible for ensuring that all funds are
obligated within the performance period. A State or CPS may request, in
writing or electronically, a no-cost extension of the award for up to
one year. The MMS will consider these requests on a-case-by case basis.

## 5. Funds Distribution Limitation

Pursuant to the Act, not more than 23 percent of the amounts received by
a State or CPS for any one fiscal year shall be used for Authorized Use
#3 (planning assistance and the administrative costs of complying with
CIAP) and Authorized Use #5 (mitigation of the impact of OCS activities
through funding of onshore infrastructure projects and public service
needs):

+-----------------------+-----------------------+-----------------------+
| **Recipient**         | **FY 2007**           | **FY 2008**           |
|                       |                       |                       |
|                       | **23% Limit (\$)**    | **23% Limit (\$)**    |
+-----------------------+-----------------------+-----------------------+
| **Louisiana State**   | 19,068,410.84         | 19,068,410.84         |
+-----------------------+-----------------------+-----------------------+
| **Assumption Parish** | 336,780.54            | 336,780.54            |
+-----------------------+-----------------------+-----------------------+
| **Calcasieu Parish**  | 508,288.79            | 508,288.79            |
+-----------------------+-----------------------+-----------------------+
| **Cameron Parish**    | 675,986.65            | 675,986.65            |
+-----------------------+-----------------------+-----------------------+
| **Iberia Parish**     | 517,654.30            | 517,654.30            |
+-----------------------+-----------------------+-----------------------+
| **Jefferson Parish**  | 877,569.72            | 877,569.72            |
+-----------------------+-----------------------+-----------------------+
| **Lafourche Parish**  | 540,269.48            | 540,269.48            |
+-----------------------+-----------------------+-----------------------+
| **Livingston Parish** | 380,173.26            | 380,173.26            |
+-----------------------+-----------------------+-----------------------+
| **Orleans Parish**    | 868,018.04            | 868,018.04            |
+-----------------------+-----------------------+-----------------------+
| **Plaquemines         | 1,047,478.41          | 1,047,478.41          |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Bernard         | 530,673.94            | 530,673.94            |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Charles         | 362,829.48            | 362,829.48            |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. James Parish**  | 316,157.75            | 316,157.75            |
+-----------------------+-----------------------+-----------------------+
| **St. John the        | 340,377.71            | 340,377.71            |
| Baptist Parish**      |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **St. Martin Parish** | 369,831.63            | 369,831.63            |
+-----------------------+-----------------------+-----------------------+
| **St. Mary Parish**   | 432,468.73            | 432,468.73            |
+-----------------------+-----------------------+-----------------------+
| **St. Tammany         | 509,932.50            | 509,932.50            |
| Parish**              |                       |                       |
+-----------------------+-----------------------+-----------------------+
| **Tangipahoa Parish** | 385,371.91            | 385,371.91            |
+-----------------------+-----------------------+-----------------------+
| **Terrebonne Parish** | 773,875.29            | 773,875.29            |
+-----------------------+-----------------------+-----------------------+
| **Vermilion Parish**  | 493,867.71            | 493,867.71            |
+-----------------------+-----------------------+-----------------------+

Authorized Uses #1, #2, and #4 are not subject to the 23 percent
limitation.

## 6. Cost Sharing or Matching Requirements

The CIAP Program does not require recipients to cost share or match CIAP
funds.

The CIAP Program is neutral on the use of CIAP funds for cost sharing or
matching requirements with other Federal programs (grant, cooperative
agreement, or other form of Federal assistance). Thus, the determination
of whether CIAP funds can be used to meet another Federal program's cost
sharing or matching requirement depends upon whether the other Federal
program's authorizing statutory language permits the use of Federal
funds for cost sharing or matching [(43 C.F.R. [§]{.underline}
12.64(b)(1))](http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov/cfr_2004/octqtr/43cfr12.64.htm).
The agency charged with administering the Federal program that contains
the cost sharing or matching requirement is responsible for making that
determination.

If a State or CPS uses CIAP funds for a federally required project or to
meet a cost sharing or matching requirement, the recipient will be
required to submit, with the grant application, a letter from the other
Federal agency (the agency charged with administering the program that
includes the federally required project or cost sharing or matching
requirement) containing a determination that the other agency's program
allows the use of CIAP funds for the federally required project or to
meet the cost sharing or matching requirement.

## 7. Funding for Real Property, Equipment, and Supplies

[Use and Disposition of Real Property]{.underline}

\(a\) Any property improved or acquired under this agreement or MMS
government-furnished property used by the grantee or sub-grantee,
including intangible property such as copyrights and patents, shall be
governed by the provisions of 43 CFR, Subpart C, [Sections 12.71 through
12.77](http://www.access.gpo.gov/nara/cfr/waisidx_04/43cfr12_04.html)
for State and local governments.

\(b\) Any real property or equipment that is improved or acquired with
Federal grant funds (CIAP funds) shall be managed in a manner that is
consistent with the originally authorized purposes and shall not convert
to other uses. If the acquired or improved real property or equipment is
used for reasons inconsistent with the originally authorized purposes,
then title to such real property or equipment may not be encumbered,
transferred, sold, or disposed of by the grantee or sub-grantee at any
time without notice to and the prior written permission of the awarding
agency (MMS) in accordance with 43 CFR 12.71-12.77. If real property
improved or acquired with Federal grant funds (CIAP funds) is sold, the
State or CPS must compensate MMS in accordance with 43 CFR 12.71(c)(2).

\(c\) The MMS assumes no liability for any actions or activities
conducted under a grant agreement except to the extent that recourse or
remedies are provided by Congress under the Federal Tort Claims Act \[28
U.S.C. 1346(b), 2401(b), 2671 - 2680, as amended by P.L. 89-506, 80
Stat. 306\].

[Real Property Improvement or Acquisition Requirements]{.underline}

\(a\) For all land acquisitions, grantees must comply with the Uniform
Appraisal Standards for Federal Land Acquisitions. Those standards can
be found at:

> [[http://www.usdoj.gov/enrd/land-ack/yb2001.pdf]{.underline}](http://www.usdoj.gov/enrd/land-ack/yb2001.pdf).

\(b\) Recipients shall follow the regulations and policies of their own
States when conducting surveys of land.

\(c\) Grantees may be required to comply with Federal requirements for
real property acquisition and relocation assistance as contained in the
Department of Transportation\'s single government-wide rule at 49 CFR
Part 24, Uniform Relocation Assistance and Real Property Acquisition
Regulations for Federal and Federally-Assisted Programs located at:

> [[http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c41b3472205db0702770e615a324d962&rgn=div5&view=text&node=49:1.0.1.1.17&idno=49]{.underline}](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c41b3472205db0702770e615a324d962&rgn=div5&view=text&node=49:1.0.1.1.17&idno=49).

\(d\) If CIAP funds are used to acquire real property, the acquisition
deed must state that such property is being acquired with CIAP funds and
is subject to the restrictions of the CIAP Program. If CIAP funds are
used to improve public or private real property, the grantee must file a
memorandum of agreement in the Parish records where the property is
located notifying third parties of the restrictions and/or conservation
servitudes or easements affecting the property. If the use of the
property is inconsistent with the purpose(s) for which it was improved
or acquired, such activities must cease, and any adverse effects on the
property must be corrected by the State or CPS with non-Federal monies.

[Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA)]{.underline}

\(a\) The Uniform Relocation Assistance Act (URA), 42 U.S.C. § 4601 *et.
seq.*, as amended, requires certain assurances for CIAP funded land
acquisition projects conducted by a State or any CPS that cause the
displacement of persons, businesses, or farm operations. Because CIAP
funds only support acquisition of property or interests in property from
willing sellers, it is not anticipated that CIAP funds will result in
any "displaced persons," as defined under the URA.

\(b\) However, if CIAP funds are used for the acquisition of real
property that results in displacement, the URA requires States and CPS's
to ensure that reasonable relocation payments and other remedies will be
provided to any displaced person. Further, when acquiring real property,
States and CPS's must be guided, to the greatest extent practicable
under state law, by the land acquisition policies in 42 U.S.C. § 4651.

[Exemptions to the URA and 49 CFR Part 24]{.underline}

\(a\) The URA provides for an exemption to the appraisal, review and
certification rules for those land acquisitions classified as "voluntary
transactions." Such "voluntary transactions" are classified as those
that do not involve an exercise of eminent domain authority on behalf of
a State or CPS, and must meet the conditions specified at 49 CFR §
24.101(b)(1)(i)-(iv).

\(b\) For any land acquisition undertaken by a State or CPS that
receives CIAP funds, but does not have authority to acquire the real
property by eminent domain, to be exempt from the requirements of 49 CFR
Part 24 the State or CPS must:

i.  provide written notification to the owner that it will not acquire
    the property in the event negotiations fail to result in an amicable
    agreement, and;

ii. inform the owner in writing of what it believes to be the market
    value of the property

[Review of Land Acquisition Appraisals]{.underline}

MMS reserves the right to review any land appraisal whether or not such
review is required under the URA or 49 CFR § 24.104. Such reviews may be
conducted by the Department of Interior's Appraisal Services Directorate
or an MMS authorized designee. When MMS determines that a review of the
original appraisal is necessary, MMS will notify the recipient and
provide an estimated completion date of the initial appraisal review.

## 8. Incurring Costs before Plan Approval

The MMS shall not disburse any CIAP funds to a State or CPS until MMS
has approved the State's Plan and the grant application for a project.
If a State or CPS chooses to begin work on a proposed project prior to
approval, it does so at its own risk. Only those costs incurred after
August 8, 2005, the Act's enactment date, which are in compliance with
the Act and all other applicable statutes, regulations, policies, and
guidelines, shall be considered for funding.

Recipients should include a complete cost breakdown for costs incurred
before grant award, and include this with the Budget Narrative
Attachment (Section IV.2).

# III. ELIGIBILITY INFORMATION

## 1. Eligible Applicants

The State of Louisiana and its 19 qualified CPS's are eligible to
receive FY 2007 and 2008 CIAP funding under this announcement. The 19
eligible CPS's are: Assumption, Calcasieu, Cameron, Iberia, Jefferson,
Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles,
St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany,
Tangipahoa, Terrebonne, and Vermilion parishes.

## 2. Sub-Grants

Only eligible States and CPS's shall receive CIAP funds directly.
Recipients, however, may issue sub-grants to other State or local
agencies, universities, or other entities so long as such sub-grants and
their respective projects are explicitly described in the grant
application for the project. Sub-grantees are subject to the Federal
regulations contained in [43 C.F.R. Part
12](http://www.access.gpo.gov/nara/cfr/waisidx_04/43cfr12_04.html).

# IV. APPLICATION AND SUBMISSION INFORMATION

## 1. Address to Request Application Package

All CIAP grant applications must be submitted electronically through
Grants.gov. To apply for a grant, recipients must first complete the
Grants.gov registration process. To register, go to
<http://www.grants.gov/applicants/get_registered.jsp> and follow the
steps; the process takes 3-5 business days to complete. Recipients are
encouraged to register as soon as possible. To view or submit
application forms, recipients must also download Adobe Version 8.1.2
(available at:
<http://www.grants.gov/help/download_software.jsp#adobe811>); the
PureEdge Viewer is no longer used at Grants.gov. For supplemental
guidance on registering and applying, see the Grant Application
Guidelines at
[www.mms.gov/offshore/CIAPmain.htm](http://www.mms.gov/offshore/CIAPmain.htm).

## 2. Content and Form of Application

A CIAP grant application for construction projects consists of the
following mandatory forms and attachments:

-   SF-424: Application for Federal Assistance;

-   SF-424C: Budget Information Construction Programs;

-   SF-424D: Assurances for Construction Programs;

-   GG_Lobbying Form: Certification Regarding Lobbying (for applications
    over \$100,000)

-   SF-LLL: Disclosure of Lobbying Activities (for applications over
    \$100,000, if required);

-   Project Narrative Attachment; and

-   Budget Narrative Attachment.

Specific instructions for each follow. Please note that when completing
the SF-424 forms, all blocks in yellow must be filled out or the
application submission will be rejected by Grants.gov.

### OMB Form SF-424: Application for Federal Assistance

These are the cover pages of the application; most blocks are
self-explanatory. Please note the following:

**Block #4:** If your organization has a tracking number, it is optional
to place it in this block.

**Block #5 Organizational DUNS:** This is the DUNS number set up in the
Department of the Treasury's Automated Stand Application for Payment
(ASAP) system.

**Block #6 Employer Identification Number:** This is the EIN number that
is set up in ASAP.

**Block #11:** The CFDA number is 15.426; the title is "Coastal Impact
Assistance Program."

**Block #21**: Must be the name (signature) of an authorized
representative of the recipient.

### OMB Form SF-424C: Budget Information Construction Programs

**Column a (Total Cost)**

Enter the total estimated cost of each of the items listed on Lines 1
through 16 (as applicable) under the COST CLASSIFICATION column.

**Column b (Cost Not Allowable for Participation)**

Enter that portion of the cost of each item in Column (a) which is *not*
allowable for Federal assistance.

See the following web site for unallowable costs:
<http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ff955b751b4eb86b57dc5a83dd0c28e6&tpl=/ecfrbrowse/Title02/2cfr225_main_02.tpl>
or contact the MMS for assistance in determining the allowability of
specific costs.

**Column c (Total Allowable Costs (Columns a-b))**

Subtract Column b from Column a; these are the allowable amounts for the
items listed on Lines 1 through 16.

**Column COST CLASSIFICATION**

Line 1: Enter estimated amounts needed to cover administrative expenses.
Do not include costs which are related to the normal functions of
government. Allowable legal costs are generally only those associated
with the purchases of land which is allowable for Federal participation
and certain services in support of construction of the project.

Line 2: Enter estimated site and right(s)-of-way acquisition costs (this
includes purchase, lease, and/or easements).

Line 3: Enter estimated costs related to relocation advisory assistance,
replacement housing, relocation payments to displaces persons and
businesses, etc.

Line 4: Enter estimated basic engineering fees related to construction
(this includes start-up services and preparation of project performance
work plan).

Line 5: Enter estimated engineering costs, such as surveys, tests, soil
borings, etc.

Line 6: Enter estimated engineering inspection costs.

Line 7: Enter estimated costs of site preparation and restoration which
are not included in the basic construction contract.

Line 8: Enter estimated costs of demolition and removal of existing
structures.

Line 9: Enter estimated costs of the construction contract.

Line 10: Enter estimated cost of office, shop, laboratory, safety
equipment, etc. to be used at the facility, if such costs are not
included in the construction contract.

Line 11: Enter estimated miscellaneous costs.

Line 12: Enter the total of Lines 1 through 11.

Line 13: Enter estimated contingency costs. (Consult the Federal agency
for the percentage of the estimated construction cost to use).

Line 14: Enter the total of Lines 12 and 13.

Line 15: Enter estimated program income to be earned during the grant
period, e.g. salvaged materials, etc.

Line 16: Subtract Line 15 from Line 14.

Line 17: This block is for the computation of the Federal share.
Multiply the total allowable project costs from Line 16 Column (c) by
the Federal percentage share (100%) and enter the product on Line 17.

### OMB Form SF-424D: Assurances for Construction Programs

Submitting this form with the Grants.gov application will constitute
agreement to abide by the Statutes, terms, and conditions contained in
the form.

### GG_Lobbying Form: Certification Regarding Lobbying

For grant applications in excess of \$100,000, recipients must certify,
by filling out and submitting with their application the GG_Lobbying
Form: Certification Regarding Lobbying, that to the best of their
knowledge and belief, no Federal appropriated funds have been paid or
will be paid, by or on behalf of the recipient, to any person for
influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.

All contractors, subcontractors at any tier, and sub-grantees at any
tier that request or receive funds in excess of \$100,000 in connection
with a Federal contract, grant, loan, or cooperative agreement must fill
out the GG_Lobbying certification and forward it to the tier above.

Further information is available at: [[43 C.F.R. Part
18]{.underline}](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=50ff52492b15ab863ba3653823139c4e&tpl=/ecfrbrowse/Title43/43cfr18_main_02.tpl),
New Restrictions on Lobbying.

### OMB Form SF-LLL: Disclosure of Lobbying Activities

For grant applications in excess of \$100,000, recipients must complete
the SF-LLL: Disclosure of Lobbying Activities and submit it with their
application if any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative
agreement.

All contractors, subcontractors at any tier, and sub-grantees at any
tier that request or receive funds in excess of \$100,000 in connection
with a Federal contract, grant, loan, or cooperative agreement must fill
out the SF-LLL disclosure, if required, and forward it to the tier
above. All SF-LLL disclosures must be submitted with the application.

Further information is available at: [[43 C.F.R. Part
18]{.underline}](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=50ff52492b15ab863ba3653823139c4e&tpl=/ecfrbrowse/Title43/43cfr18_main_02.tpl),
New Restrictions on Lobbying.

### Project Narrative Attachment

Recipients are required to submit the following information (in
Microsoft Office Word) with their grant application. The MMS will use
submitted documents to record the applicant's assertion that they have
complied with applicable environmental laws.

For Numbers 1-5, submit the project information that is in the approved
State Plan. If any of this information has changed, explain the reason
for the change and indicate if a Minor Change to the approved CIAP Plan
(Section I.4) is required. If the change involves increasing a fiscal
year's allocation to an Authorized Use #3 or #5 project, the Minor
Change must be submitted and accepted by MMS prior to the grant
application submission.

For Number 6, submit the requested information on the project as
described in that section. For phased projects, clearly identify:

-   which task(s) of the project are being submitted for funding under
    the current grant application and

-   which task(s) of the project will be submitted for funding under
    future amendment(s) or subsequent grant application(s).

Also provide sufficient detail such that MMS can determine that the
timing of the forecasted cash needs reflects the actual amounts the
recipient anticipates spending during each quarter (Budget Narrative
Attachment).

If the bundling of projects is proposed (Section II.3), provide the
rationale for the bundling.

If program income is expected to be generated, describe the nature and
source of the income and how it will be used (SF-424C: Budget
Information Construction Programs, Line 15).

For Numbers 7-9, submit the requested information at the current grant
application level; if possible, submit the requested information at the
project level.

For Number 10, submit the requested information at the current grant
application level.

**1. Designated State Agency or Coastal Political Subdivision**

Submit the information in the approved Plan. If it has changed, explain
the reason for the change.

**2. Project Title**

Submit the information in the approved Plan. If it has changed, explain
the reason for the change.

**3. Project Contact**

Submit the information in the approved Plan. If it has changed, explain
the reason for the change.

> Contact Name
>
> Address
>
> Telephone Number
>
> Fax Number
>
> E-mail Address

**4. Project Summary**

Submit the information in the approved Plan. If it has changed, explain
the reason for the change.

> Location
>
> Duration
>
> Estimated Cost
>
> Spending Estimate per Calendar Year of Project Duration

-   Provide a summary (1-2 pages) of the project; and

-   Goals and measurable objectives of the project.

    **5. Authorized Use**

Submit the information in the approved Plan. If it has changed, explain
the reason for the change.

-   Identify the authorized use by number (1-5) and its title.

-   Provide an explanation (1-2 pages) of how the project is consistent
    with the identified authorized use; include, as appropriate, how the
    project directly or, as appropriate, indirectly benefits the natural
    coastal environment.

    If funding public service needs or onshore infrastructure projects
    under Authorized Use #5, include how the project will mitigate the
    impact of OCS activities.

-   If the intent is to use CIAP funds for a federally required project
    or to meet a cost sharing or matching requirement, submit a letter
    from the other Federal agency (the agency charged with administering
    the program that includes the federally required project or cost
    sharing or matching requirement) containing a determination that the
    other agency's program allows the use of CIAP funds for the
    federally required project or to meet the cost sharing or matching
    requirement.

    **6. Project Description**

Describe the project in sufficient detail (up to 5 pages) such that a
reviewer understands the following bulleted topics. The requested
information need not be provided in the order given below, but it should
be easily identified (by the title below) in the Project Narrative.

If a document (e.g., an environmental assessment) is included with an
application that includes required project narrative information (e.g.,
controversial aspects of the project), summarize the appropriate
information and reference the document's section(s) and page number(s).

In cases where the Program Office accepts referenced documents to
describe the work to be accomplished (e.g., plans, drawings,
specifications, permits), the documents will become part of the grant
award. Once the grant has been awarded, any changes to these documents
will require an amendment to the grant; copies of the changed documents
must be provided to the Program Officer and Contracting Officer.

If multiple recipients co-fund a project, the recipient that submits its
application first must provide the reference documents for the project
(e.g., plans, drawings, specifications, permits). If the remaining
co-funders do not provide the reference documents in their applications,
they must list in their application the reference documents provided by
the first applicant and confirm that these documents are identical to
the reference documents stated in the first application and that these
documents accurately describe the work to be funded. Each grant award
(for the joint project) will reference this identical documentation.

-   **Goal(s) of the Current Grant Application**: If submitting an
    application for only a part of the project, describe what the
    current portion of the project will accomplish.

> [Example]{.underline}: Comply with all Phase 1. construction
> requirements.

-   **Statement of Work**: Describe the work that will be performed. For
    phased projects, clearly identify a) which phase(s) of the project
    are being submitted for funding under the current grant application
    and b) which phase(s) of the project will be submitted for funding
    under future amendment(s) or subsequent grant application(s).

> [Example]{.underline}: Phase 1, which is included in the current grant
> application, will involve a construction contract for the 7,500 ft
> rock dike of which only 5,000 ft will be constructed with FY 2008
> funds.
>
> Phase 2, which will be included in a future amendment, will involve a
> construction contract for the 7,500 ft rock dike of which the last
> 2,500 ft will be constructed with FY 2009 funds.

-   **Schedule**: Include: the duration of the project; major milestones
    with dates; major tasks by duration (number of months and start
    date); and an explanation of any factors that could expedite or
    disrupt the schedule. For phased projects, include the required
    information by phases. Remember to provide sufficient detail to
    validate the timing of forecasted cash needs (Budget Narrative
    Attachment). The duration should match what is submitted on the
    SF-424 and Budget Narrative Attachment.

> [Example]{.underline}: Project duration: 30 months (Phase 1: 18
> months; Phase 2: 12 months).
>
> Phase 1 milestones: contract award (date); mobilization (date); 2,500
> ft completed (date); and 5,000 ft completed (date).
>
> Phase 1 major tasks: site preparation (X months, start date); and
> construction (X months, start date).
>
> Phase 2 milestones: 7,500 ft completed (date).
>
> Phase 2 major tasks: construction (X months, start date); and closeout
> (X months, start date).

-   **Project Management Plan**: Describe the plan to assure the
    project's performance. The project management plan (PMP) will be
    incorporated into the grant award and should be used by the
    recipient when producing the Performance Report.

> The PMP should include: the person(s) (name and discipline)
> responsible for the project's progress and quality; inspections by
> frequency and person(s) (name and discipline); reporting by frequency;
> and whether project management will be included in a construction
> contract or part of another non-construction grant. For phased
> projects, include the required information by phases.
>
> [Example]{.underline}: Phase 1 and Phase 2 project management will be
> performed by: the construction contractor with daily site inspections
> and weekly inspection reports sent to the recipient.

-   **Deliverable (s)**: Identify the interim and final deliverables.
    For phased projects, clearly identify a) which deliverable(s) of the
    project are associated with the current grant application and b)
    which deliverable(s) of the project will be associated with future
    amendment(s) or subsequent grant application(s).

> [Example]{.underline} Phase 1: copy of construction contract; copy of
> completion report; performance and financial reports; and photo
> documentation.
>
> Phase 2: copy of completion report; performance and financial reports;
> and photo documentation.

-   **Compatibility/Synergy**: Describe the compatibility/synergy of the
    project to current and other proposed projects in the affected area.

-   **Controversy/Support**: Describe any controversial aspects
    associated with the project and the level of local support or
    objection to the project.

-   **Bundling**: If appropriate, provide the rationale for bundling.

-   **Program Income**: If appropriate, describe the nature and source
    of program income and how it will be used.

-   **Maps/Drawings**: Include illustrations or drawings that clearly
    depict the project, including a vicinity map, a plan view, a typical
    cross-section view, and, if available, GPS coordinates. A map should
    be provided that clearly shows the full extent of the project area
    in its current condition. This map can be an aerial photo of
    sufficient quality and appropriate scale to clearly show project
    location. Note: if the included illustrations, drawings, and maps do
    not represent the proposed project's footprint, additional
    illustrations, drawings, and maps that are project specific may be
    required.

> Provide both a hard copy and an electronic copy (on compact disk) of
> this information and mail it to the appropriate Regional CIAP
> Representative (Section VII, Agency Contacts) at the time of the
> electronic grant application submittal.

**7. Description of Environmental Impacts**

-   Describe any environmental resources (e.g., marine habitat, air
    quality, water quality, etc.) that may be impacted by the project
    and reference any environmental documents that analyze these
    environmental impacts.

```{=html}
<!-- -->
```
-   Describe the mitigation measures that will be implemented to
    eliminate or minimize any harmful impacts the projects may have on
    environmental resources.

    **8. Relationship to Other Federal Programs**

-   Describe other Federal programs that are currently providing funding
    support or contributing resources to the project, and describe
    measures that are or will be taken to secure additional assistance
    from other relevant Federal resources and programs.

    **9. Federal, State, and Local Agencies**

-   Provide a list of all Federal, State, and local agencies involved
    with the project.

-   Provide for each of the above agencies: point of contact name,
    address, telephone number, fax number, and e-mail address.

    **10. Project Information Questions**

The following questions apply to the project task(s) being submitted for
funding under this grant application. If the answer to a question is
"yes," mail the resulting documentation (on compact disk) to the
appropriate Regional CIAP Representative (Section VII, Agency Contacts)
at the time of the electronic grant application submittal or indicate
what phase of the project the documentation will be obtained and
submitted.

**Environmental Review**

1\) Does the project require any Federal environmental review (e.g.,
environmental assessment, environmental impact statement, biological
opinion)?

> **\_\_\_\_Yes \_\_\_\_No**

2\) Does the project require any State environmental review (e.g.,
Consistency Determination, State Historic Preservation Office)?

> **\_\_\_\_Yes \_\_\_\_No**

3\) Does the project require any local environmental review (e.g.,
zoning)?

> **\_\_\_\_Yes \_\_\_\_No**
>
> If the answer to any of these questions is "yes," provide (on compact
> disk) a copy of the environmental review(s) with the grant
> application.

**Permits**

1\) Does the project require any Federal permits?

> **\_\_\_\_Yes \_\_\_\_No**

2\) Does the project require any State permits?

> **\_\_\_\_Yes \_\_\_\_No**

3\) Does the project require any local permits?

> **\_\_\_\_Yes \_\_\_\_No**
>
> If the answer to any of these questions is "yes," provide (on compact
> disk) a copy of the permit(s) with the grant application.

**Legal Proceedings**

1\) Are there any pending legal proceedings that have been taken against
any of the permits or related environmental analyses required for the
project?

> **\_\_\_\_Yes \_\_\_\_No**
>
> If the answer is "yes," provide (on compact disk) an explanation of
> the pending legal proceeding and the status of it with the grant
> application.

### Budget Narrative Attachment

The overall proposed budget shall be submitted by completing the
SF-424C, Budget Information-Construction Programs. The SF-424C, though,
does not provide enough detail for the Contracting Officer to determine
if the individual elements of cost are reasonable. The Budget Narrative,
to be submitted in Microsoft Office Word, will provide the details
necessary to make this determination. Therefore, the Budget Narrative
must provide details describing how individual elements of cost were
derived or estimated for each element of cost: administrative and legal
expenses; land, structures; rights of way; appraisals; relocation
expenses and payments; architectural and engineering fees; other
architectural and engineering fees; project inspection fees; site work;
demolition and removal; equipment; and any other miscellaneous costs.
For the actual construction work, do not provide a detailed cost
breakdown. Provide the total cost of the construction and explain the
process for obtaining the bid price and how the price was determined
reasonable. The Budget Narrative must also include the forecasted cash
needs for each six-month period of time.

**Forecasted Cash Needs**

Provide the estimated amount of funds to be spent for each six-month
period of the project. If submitting an application for both FY 2007 and
FY 2008 funds, provide the requested information broken out by each FY
funding. Recipients, in the Project Narrative Attachment, must provide
sufficient detail such that MMS can determine that the timing of the
forecasted cash needs reflects the actual amounts the recipient
anticipates spending during each six-month period.

Refer to CFR 43.12.61, Payments, for appropriate timing of cash needs.
Advance funds are identified as for immediate cash needs when a
recipient is willing to minimize the transfer of federal funds to their
disbursement, generally defined as 3 business days. The other method of
payment is reimbursement. Therefore, CIAP would never have a
circumstance that warrants cash draw down by a recipient without an
immediate disbursement need.

For a project with fixed and level costs throughout the year, dividing
the year's total into four equal amounts may be appropriate. For
complicated projects, though, many costs are not level and would require
semi-annual cash need estimates to be different.

All costs incurred before award of the grant (pre-agreement costs)
should be included in the 1^st^ six-month forecasted cash needs.

For grants that provide funding for a period greater than 12 months (2
six-month periods), the recipient can request, via email to the
Contracting Officer, the forecasted cash needs for the 3^rd^ semi-annual
period and beyond when the timing of these cash needs are known. For
additional semi-annual cash needs, repeat the request via email to the
Contracting Officer.

The forecasted cash needs will be used to set maximum semi-annual
withdrawal amounts in Department of the Treasury's Automated Stand
Application for Payment (ASAP) system. Recipients may request needed
changes to these amounts by contacting the Contracting Officer via
email. During the performance of the grant, the forecasted cash needs
will be compared to the actual withdrawals made by the recipient.

#### Additional Budgetary Considerations

For budgetary purposes, recipients should consider the following
requirements:

##### Acknowledgement of CIAP Funds

If appropriate, the recipient will be required to inform the public that
the project is being funded in whole or in part by CIAP funds.
Acknowledge of CIAP funds may take many forms (e.g., signage or written
acknowledgement in a project publication). The recipient should consult
with the Regional CIAP Representative (Section VII, Agency Contacts) to
determine if acknowledgement of CIAP funds is required and to establish
the form. For all projects requiring the acknowledgement of CIAP funds,
detailed specifications will be incorporated into the grant award.

*Signage Requirements*: If appropriate, the recipient is required to
erect suitable signage at the project site(s) to acknowledge CIAP funds,
unless the placement of such signage would violate local ordinances.
During the course of the project, signage may be temporary. Upon
completion of the project, the recipient should erect a permanent plaque
or sign at the site. Although temporary signage is not requested for
acquisition projects, a permanent sign should be erected following the
purchase of the site. In the case of a combined acquisition and
development project, temporary signage may be erected when development
begins acknowledging both the acquisition and development of the site.

The signage should be erected on the project site in a location visible
to the public and include: the name of the project; the name of the
grantee (State or CPS); a statement of acknowledgement of CIAP funding;
and the MMS symbol. The MMS symbol should be located in the lower right
hand corner of the sign and readable from normal viewing distance. The
signage may be constructed of any material suitable for the environment
and in accordance with any local ordinances. Considerations such as
signage color combinations, method of signage construction, and size,
may be determined by the grantee.

##### Photo Documentation

If appropriate, the recipient is required to submit photo documentation
before activities begin, with each Performance Report (Section VI.4),
and upon completion of the project. The recipient should consult with
the Regional CIAP Representative (Section VII, Agency Contacts) to
determine if photo documentation is appropriate for the proposed
project.

The photographs will be used for monitoring purposes to track project
progress before, during, and at completion. Photo documentation should
consist of the grant site area prior to the commencement of work as well
as provide relevant progress photos during the course of the work. The
photographs should clearly document the entire footprint of the project
and should be taken at various stages of the project (before, during,
and at completion) from the same angle to, and distance from, the
project.

Photographs should be provided in electronic format. Electronic copies
(digital, jpeg images, sized large, with a 300 dpi resolution, and in
color) should be provided on compact disk. Photos should be accompanied
with a descriptive sheet which list by number each of the photos along
with text identifying the project name and location; month, day, and
year of the photo; and a brief description of the photo's content. The
MMS reserves the right to reproduce additional copies of all
digital/photo images submitted.

## 3. Application Submission Date

Applicants can begin submitting their applications on Grants.gov
following the posting of the Program Announcement. If an applicant
intends to submit several grant applications at one time, a priority
list should be provided, via email, to the appropriate Regional CIAP
Representative (Section VII, Agency Contacts) at the time of the
electronic grant application submittals.

## 4. Hiring Contractors to Prepare Grant Applications

Recipients may have subcontractors or sub-grantees assist in the
preparation of grant applications. However, eligible States and CPS's
(Section III) are the only legal recipient of the grant award and remain
the responsible party for compliance with all applicable Statutes,
regulations, policies, and procedures. Sub-grantees/subcontractors
cannot act as the legal agent for the recipient and cannot submit the
SF-424D Assurances form or the signature in Block #21 of the SF-424 form
for the recipient.

## 5. Privity of Contract and Third Party Contractors

\(a\) Recipients may enter into contractual agreements with a third
party contractor (hereinafter, "third party" or "contractor") in the
course of performing their federal grant duties and responsibilities.
However, MMS is not a party to such agreements, and no direct
contractual relationship (privity of contract) exists between MMS and
the third party. Although privity of contract exists between the
recipient and contractor, the recipient may not delegate or transfer its
responsibility for the use of federal grant funds. As a result, the
recipient is exclusively responsible for complying with any requirements
imposed by statute, regulation, and the terms of the grant agreement,
and is ultimately responsible for the use of the federal grant funds
provided.

\(b\) The recipient is required by 43 CFR Part 12.76(i) to communicate
all relevant federal statutory and regulatory requirements and terms of
the grant agreement to each contractor. If the recipient authorizes the
third party to communicate with MMS and conduct transactions for the
recipient's benefit, the recipient must inform MMS of this assignment
via a signed letter from an authorized representative. The statement
must detail, to the maximum extent practicable, all specific
transactions that the third party is authorized to conduct on behalf of
the recipient.

\(c\) The MMS reserves the right to approve, reject, or modify the
recipient's signed statement authorizing specific authority to a third
party, if MMS determines that the scope or grant of authority is a
non-delegable duty. The recipient must directly communicate with MMS for
those matters that are beyond the scope of authority granted to the
third party contractor by the recipient, including, but not limited to,
the following (which may not be delegated to third party contractors):

i.  Defining contract procurement methods and procedures conducted by
    the recipient, including selection actions.

ii. Directing the recipient to inform their auditor to include CIAP in
    their A-133 audit.

iii. Informing the recipient of their obligation to make certifications
     regarding lobbying and how to handle these certifications with
     their contractors.

iv. Providing information on how payments from MMS to the recipient will
    be handled; and restrictions placed on the recipient via semi-annual
    withdrawal limits on the 424A.

v.  The description of the acquisition process the recipient used when
    selecting contractors, including determinations that a contract
    price was fair and reasonable.

\(d\) Although a contractual relationship does not exist between MMS and
any third party, MMS reserves the right to initiate communications with
any contractor, and may request access to any books, documents, papers,
and records which are directly pertinent to a specific grant in
question. Such communications may be required to conduct audits and
examinations and gather additional information. In these circumstances,
it may be necessary for the contractor to directly communicate with MMS
on matters not pertaining to a specific grant of authority from the
recipient.

### Conflicts of Interest

\(a\) Personal Conflicts of Interest

Recipients will establish and maintain written safeguards to prohibit
employees from using their positions for purposes that create an actual
conflict of interest, or give the appearance of being motivated by
desire for private gain for themselves or others (apparent conflict of
interest), particularly those with whom they have family, business, or
other ties.

\(b\) Organizational Conflicts of Interest

Recipients are responsible for upholding the integrity of the
procurement process and must avoid organizational conflicts of interest
and/or noncompetitive procurement practices (as required under the
relevant portions of 43 CFR § 12.76). An organizational conflict of
interest means that because of other activities, relationships, or
contracts, a contractor is unable, or potentially unable to:

> i\. Render assistance or advice to the recipient while remaining
> impartial;
>
> ii\. Perform the contract work in an objective manner;
>
> iii\. Avoid an unfair competitive advantage. Such an unfair
> competitive advantage may exist when:
>
> a\. The contractor has relevant information that is not available to
> all potential contractors; or
>
> b\. The contractor prepares or helps prepare a statement of work (SOW)
> that is used in competitively acquiring services, or provides material
> leading directly to such a SOW.

However, the contractor is allowed to compete for an award of the
contract work if the contractor:

> i\. is the only responsible source and a determination is made that no
> other supplies or services will satisfy the recipient's requirement
> (see 43 CFR 12.76 (d) (4));
>
> ii\. participated in the original development and design work, and
> disallowing their participation would negatively affect time or
> quality of production; or
>
> iii\. was one of several contractors involved in the creation of the
> SOW, and each potential contractor is allowed a fair and reasonable
> opportunity to compete for the award.

\(c\) Unavoidable Conflicts of Interest

Three types of recipient-contractor arrangements have been identified as
those that may be unavoidable conflicts of interest:

> i\. Longstanding engineering design relationships on the specific
> project.
>
> ii\. The recipient's staffing situation does not allow them to manage
> the CIAP project with recipient employees.
>
> iii\. The recipient uses independent contractor employees to fill
> critical positions such as accounting functions.

If any of these three situations are identified, recipients must develop
and maintain appropriate records to continue receiving CIAP grant funds.
Specifically, the records must describe:

> i\. How a conflict of interest was avoided and/or the necessary steps
> taken to mitigate such conflict, and
>
> ii\. How competitive procurement requirements and all other applicable
> elements of 43 CFR § 12.76 will be satisfied under the new contract.

### Enforcement Remedies for Conflicts of Interest and Noncompetive Procurement Practices

\(a\) If a conflict of interest is identified by the Contracting Officer
(CO) or Project Officer (PO), the MMS CO will analyze any acquisition
that may constitute an actual conflict of interest, or creates an
appearance of a conflict of interest, with the advice and assistance of
the PO and MMS legal counsel. The CO will work with the recipient to
resolve the issue so that the recipient can either avoid, neutralize, or
mitigate such potential or actual conflicts before awarding such
contract. If a CO renders a decision that a conflict of interest exists,
it must be based on credible evidence (defined as reliable, trustworthy,
and convincing).

\(b\) To remedy unfair competitive practices that may constitute a
conflict of interest, MMS may require the recipient to either reopen the
competition or, alternatively, cancel the procurement and begin a new
solicitation process. Further, MMS reserves the right to resort to other
appropriate enforcement remedies either before, during, or after the
award of CIAP funds under 43 CFR § 12.83

# V. APPLICATION REVIEW INFORMATION

## 1. Criteria

Only eligible recipients (Section III) may apply for CIAP funds. The
critical components, information, and criteria necessary to be provided
in an application for CIAP funds are identified in, but not limited to,
Section IV.

## 2. Review and Selection Process

This is a non-competitive grant process with Congressionally required
components. Instead of a selection process, there will be a review
process. The MMS review and approval of an application will occur at
several levels.

The Regional CIAP Project Officer will review the technical and
environmental components of a project to ensure compliance with CIAP
program requirements which are provided in the CIAP State Plan
Guidelines. Technical reviews will include evaluating the completeness
as well as the adequacy of the information submitted; this includes: the
clear applicability to one of the five authorized uses; clear, concise
goals; and objectives with measurable products and performances.

Concurrent to the technical and environmental reviews, the Contracting
Officer will review the financial aspects of the application, including
a budget analysis, to ensure compliance with relevant statutes,
regulations, and policies. This includes a determination that the
recipient has provided adequate competition for the purchase of goods
and services under the grant. The Contracting Officer will analyze the
SF-424C budget form and Budget Narrative in detail. Under OMB cost
principles (see [2 C.F.R. Part
225](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ceefe731cdfc7a5883e8a2ceda25ef27&tpl=/ecfrbrowse/Title02/2cfr225_main_02.tpl),
*Cost Principles for State, Local, and Indian Tribal Governments)*, each
cost element must be determined to be reasonable, allowable, and
allocable to the project. If the Contracting Officer cannot make a
determination that all costs are acceptable, additional information will
be required of the applicant.

## 3. Anticipated Award Dates

This is a mandatory, noncompetitive grant program without definitive
award dates. Every effort will be made to complete the necessary grant
application reviews and award the grants in a timely manner. Factors
that can affect the timely award of a grant are the complexity of the
project, the completeness of the application, and the volume of grant
applications submitted; all applications (and revisions to applications)
will be reviewed in the order in which they are received.

If an applicant intends to submit several grant applications at one
time, a priority list should be provided, via email, to the appropriate
Regional CIAP Representative (Section VII, Agency Contacts) at the time
of the electronic grant application submittals.

# VI. AWARD ADMINISTRATION INFORMATION

The CIAP award recipients are responsible for ensuring that the
day-to-day operations of their grants, and sub-awards, comply with all
applicable Federal statutes, regulations, and policies. Recipients are
also responsible for meeting the performance goals identified in the
Project Narrative.

## 1. Award Notices

The MMS will prepare the grant award document for recipient signature.
The grant award document must be signed by a person having authority to
bind the recipient organization contractually. After the award document
is signed, it must be returned to MMS for countersignature by the
Contracting Officer; the Contracting Officer will promptly return a copy
of the completed grant award document to the recipient. At the same
time, funds will be set up in the Department of the Treasury's Automated
Standard Application for Payment (ASAP) system.

Once the Contracting Officer signs the award document, the recipient may
begin performance of the project. Likewise, once the funds are set up in
ASAP, the recipient may begin withdrawing funds for the project.

## 2. Administrative and National Policy Requirements

The MMS will follow applicable provisions of administrative and national
policy rules and regulations when awarding, administering, and closing
out CIAP grants.

Acceptance of a Federal Financial Assistance award from MMS carries with
it the responsibility to be aware of and comply with the terms and
conditions of an award. Acceptance is defined as accepting the award,
the start of work, or drawing down of funds. Awards are based on the
application submitted to and approved by MMS, and are subject to the
terms and conditions incorporated either directly or by reference in the
CIAP statute and all applicable regulatory requirements, as per OMB Form
SF-424D: Assurances for Construction Programs. Recipients are advised to
consult qualified legal experts concerning laws applicable to a specific
project.

## 3. Grant Payments

Payment to all recipients will be made via the Department of the
Treasury's Automated Stand Application for Payment (ASAP) system.
Recipients must be enrolled in ASAP prior to grant application to
facilitate commitment of funds. The MMS financial system will verify
recipient's enrollment in the Central Contractor Registration (CCR)
nightly before transferring a payment request into the ASAP account. If
the recipient has any delay receiving payments, check the CCR
registration ([www.ccr.gov](http://www.ccr.gov/)) to ensure it is
current.

Payments to grantees as well as grantee payments to sub-grantees and
contractors are covered by 43 CFR Part 12.61, Payment. Refer to this
section before requesting or disbursing CIAP funds.

## 4. Reporting

The MMS will conduct oversight and monitoring of the performance and
financial status of each grant by requiring, at a minimum, the
following:

### Federal Cash Transactions Reports (for Advances Only)

Recipients must submit Standard Form 272, Federal Cash Transaction
Reports, and, when necessary, its continuation form to MMS, which will
use the form to monitor the cash advanced to recipients and to obtain
disbursement or outlay information for each grant.

### Performance and Financial Status Reporting Requirements

Reporting requirements for projects are regulated by 43 C.F.R. [Part
12.80](http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov/cfr_2004/octqtr/43cfr12.80.htm)
and
[12.81](http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov/cfr_2004/octqtr/43cfr12.81.htm).
These regulations specify basic grant reporting requirements including
performance and financial reports. These reports will be used by MMS for
monitoring purposes.

The Performance Report should be brief and cover the following topics:

-   A comparison of actual work accomplished relative to the annual
    goals and objectives established in the grant award document C.2
    Performance Measures/Plan for the period. Where the output of the
    project can be quantified, a computation of the cost per unit of
    output may be required. For construction grants, MMS may rely upon
    on-site technical inspections and certified percentage-of-completion
    data to monitor progress;

-   The reasons for slippage, if established goals and objectives were
    not met; and

-   Additional pertinent information including, when appropriate,
    analysis and explanation of cost overruns or high unit costs.

### Single Audit Requirements

Non-Federal entities that expend \$500,000 or more in a year in Federal
awards shall have a single or program-specific audit conducted for that
year in accordance with the provisions of [OMB Circular
A-133](http://www.whitehouse.gov/omb/circulars/a133/a133.html), Section
**.**215(c). The MMS will include a provision in the grant award
requesting that CIAP be included as a major program in its A-133 audit
for 2009, if the recipient will expend more than \$500,000 in CIAP funds
in FY 2009. This request is in accordance with OMB Circular A-133,
Section 215.

Unless prohibited by law, the cost of audits made in accordance with the
provisions of the OMB Circular A-133 are allowable charges to Federal
awards. The charges may be considered a direct cost or an allocated
indirect cost, as determined in accordance with the provisions of
applicable OMB cost principles at [2 C.F.R. Part
225](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=3a12d136bbdb07c1ccb0c3545b9c7450&c=ecfr&tpl=/ecfrbrowse/Title02/2cfrv1_02.tpl),
*Cost Principles for State, Local, and Indian Tribal Governments*
(formerly known as OMB Circular A-87).

# VII. AGENCY CONTACTS

## Grants.gov Help Desk

Technical questions concerning the application process:

> Phone: 1-800-518-4726
>
> Email: <support@grants.gov>

## CIAP Grant and Announcement Questions

> National CIAP Grants Team Lead
>
> 381 Elden Street, MS 2101
>
> Herndon, Virginia 20170

Attn: Ms. Kathy Craig

> Phone: (703) 787-1332

Email: <Kathleen.Craig@mms.gov>

## CIAP Program Questions

For technical questions concerning the content, goals, and objectives of
the CIAP Program, applicants are urged to contact the following MMS CIAP
Representatives:

### Headquarters

> National CIAP Coordinator
>
> 381 Elden Street, MS 4040
>
> Herndon, Virginia 20170

Attn: Ms. Lee Benner

> Phone: (703) 787-1710

Email: <Lee.Benner@mms.gov>

### Alabama, Louisiana, Mississippi, and Texas

> MMS Regional CIAP Representative
>
> Minerals Management Service
>
> Gulf of Mexico OCS Region
>
> 1201 Elmwood Park Boulevard, MS 5450
>
> New Orleans, Louisiana 70123

Attn: Ms. Stephanie Gambino

> Phone: (504) 736-2856

Email: <Stephanie.Gambino@mms.gov>

\--End of Program Announcement **\#**MMS08HQPA0002C**\--**