This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

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rulings, delegations of authority, filing of

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examples of documents appearing in this

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Notices Federal Register

69822 

Vol. 79, No. 226 

Monday, November 24, 2014 

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 Councilsponsored 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 


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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—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 

(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 


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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. 


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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 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), 

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 


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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 postaward 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 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: 

(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; 


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(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 

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. 

(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 


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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, 

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. 


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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 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 

[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. 


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(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/CFR2014-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/CFR2014-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 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 

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– 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 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 

DEPARTMENT OF AGRICULTURE 

Council for Native American Farming 

and Ranching; Meeting 

AGENCY: Office of Tribal Relations, 

USDA. 

ACTION: Notice of public meeting. 

SUMMARY: 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: 

(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 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES