Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Emergency Watershed Protection Program
RESOLUTION 2013-325 ADOPTED DOC ID: 8739 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-325 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 23, 2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sponsor Concurrence to the Damage Survey Report of the USDA's Natural Resource Conservation Service, Form SF-424 entitled "Application for Federal Assistance", and any and ail other related documents, relative to the request for funding from the Emergency Watershed Protection Program for repair of damaged dikes on certain agricultural parcels in the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this,~fft 2tay of May, 2013, by and between Town of Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York,, with an address at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, party of the first part, and L.K. McLean Associates, P.C., (hereinafter referred to as "Consultant") with an address at 437 South Country Road, Brookhaven, New York 11719, party of the second part. WITNESSETH: That the Town and Consultant, for the consideration named, hereby agree as follows: 1. PURPOSE. The Town hereby retains Consultant, on the terms and conditions set forth hereinafter, for the purpose of providing professional engineering services in connection with the implementation of the Emergency Watershed Protection Program, Dike Repair Project DSR-S-TSH-01, as more fully described in the Cooperative Agreement between the Town and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) attached hereto as Exhibit "A". 2. SPECIFIC SERVICES. The specific scope of services to be provided by Consultant are set forth in Section I of Consultant's Proposal dated May 21, 2013 attached hereto as Exhibit "B" which is incorporated herein by reference. In addition to the services detailed in the aforesaid Proposal, Consultant will also be responsible for the Town's compliance with the "Sponsor" obligations set forth in ¶¶1 (b), 3, 4, 5 and 6 of the Cooperative Agreement with NRCS (see Exhibit "A") which are incorporated herein by this reference. 3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN. Consultant shall perform the services described herein and attached hereto in as expeditious a manner as is reasonably possible and in accordance with the Programmatic Requirements in the Cooperative Agreement. The Town agrees to cooperate with Consultant, as needed, and to provide Consultant with copies of any records, documents and other information needed for performance of this agreement on a timely basis. The Town further agrees to provide Consultant with access to appropriate officials and/or employees of the Town, as may be needed in the performance of the Agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the Project, and therefore both shall always use their best faith efforts to be accountable and promptly responsive to each other. -1- 4. COMPENSATION. In payment for the services to be performed hereunder by Consultant, the Town shall make payments to Consultant as follows: For the services to be performed by Consultant pursuant to paragraph 2 hereof, the Town shall pay Consultant the sum of $58,900.00 dollars. Payments shall be incrementally at the completion of each task as outlined in Section III of Consultant's Proposal (see Exhibit "B"). Consultant shall send the office of the Town Engineer a signed voucher for such compensation. Such voucher shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due and payable by the Town until the Town Board of the Town has received such voucher and has audited and approved for payment the signed voucher to be submitted by Consultant in connection therewith. The Town Board shall process any vouchers received from Consultant as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Consultant pursuant to this paragraph, the Town shall, within 30 days of the receipt of such voucher, notify Consultant in writing of such dispute or objection. Consultant acknowledges that Consultant is familiar with the requirements of Section 118 of the Town Law which, in effect, prohibits payment of any of Consultant's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. 5. ADDITIONAL WORK. Additional work shall not be performed and no claim for extra work shall be allowed unless it was performed pursuant to a written change order duly approved by the Town Board. The Consultant's failure to comply with any part of this provision shall be deemed to be: A conclusive and binding determination on the part of the Consultant that said change order, work, action or omission does not involve extra work and is not contrary to the terms and provisions of the Contract; b. A waiver by the Consultant of all claims for additional compensation, time or damages as a result of said change order, act or omission; and c. The value of claims for extra work, if allowed, shall be determined methods described in the Contract including, but not limited to, Section 4 immediately above. 6. TERMINATION. In the event that Consultant refuses or fails to provide the services required hereunder with due diligence, or fails to make prompt payment to persons supplying labor for Consultant's services hereunder, or refuses or falls to comply with applicable statutes, laws or ordinances, or -2- is guilty of a substantial violation of any provision of this Agreement, the Town shall send Consultant written notice that Consultant has 20 days to cure said default; and if, at the end of said 20-day period Consultant has not cured said default, the Town may then terminate this agreement on 7 days' prior written notice to Consultant. Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any Court having jurisdiction thereof. 7. SKILLS OF CONSULTANT; CONFLICTS OF INTEREST. Consultant represents that Consultant has the requisite skills and experience to perform the services hereunder. 8. INDEPENDENT CONSULTANT; STATUS OF CONSULTANT. Consultant and the Town agree that in the performance of Consultant's services hereunder, Consultant is an independent consultant and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. 9. PROHIBITION AGAINST ASSIGNMENT. Consultant is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement or its right, title or interest in this Agreement. 10. COMPLIANCE WITH STATUTES. Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, Codes, rules and regulations which are or may be applicable to Consultant's services, activities and duties set forth in this Agreement. 11. NOTICES. Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: -3- To Town: James Richter, Engineering Inspector Town of Southold PO Box 1179 Southold, NY 11971-0959 To Contractor: Christopher F. Dwyer L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 12. WAIVER. No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 13. APPLICABLE LAW. This Agreement is governed by the laws of the State of New York. 14. COMPLETE AGREEMENT; MODIFICATION. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. IN WITNESS WHEREOF the parties have duly executed this Agreement the day and year first above written. ~tt A. · ' Russell, Supervtsor L.K. McLean Associates, P.C. Christ ophe~'~F~qDWYer, Asso~ate -4- STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) On this~ day of~__., in the year 2013, before me personally appeared Scott A. Russell, known to me or proved to'me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrumem. Notary Public STATE OF NEW YORK ) cOUNTY OF SUFFOLK) C~oo.~..~is ';~__c/_~mday of ,_ ,~p~ .~., in the year 2013, before me personally appeared '~, L~2~- , known to me or proved to me on the basis of satisfactory evidence to be the lnd~wdual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CAROL HYDELL NOTARY PUBLIC - STATE OF NEW YORK NO. 01HY6189695 QUALIFIED IN SUFFOLK COUNTY[ COMMISSION EXPIRES 06/30120.._ -5- I,[ A 437SoutbCount~Road * Brookhaven * NewYork ,, 11719 (631) 286.S66~ · FAX (63 I) 286-6314 EUGENE F, OALY. P E, P TO.E ~. PRESIDENT In0 C.E,O RAYMOND G. OlBIASE, P.E., PT O,E. ~' P'/'P~, EXECUTrVE VICE PRESIDENT DANIEL p JEOLICI(A, P LS, VICE PRESlnEh'T Town of Southold Engineering Department 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 L. K. McLean Associates, P.C. CONSULTING ENGINEERS May 21, 2013 CHRISTOPHER F. D~R R(~FJ~TA ~'ffiEL[, P,E .,~ME8 L D~KDNINQ, P,E STEVEN W. EIS~NBERG, P.E ATT: James Richter R.A., Town Engineer Re: "Survey & Mapping Services - Various Farms Damaged by Suptr Storm Sandy" Engine~rlng & Surv~.ving Cost Proposal - Revised as per USDA-NRCS Gtddellnes Dear Mr. Richter: In accordence with your original request and pursuant to additional documentation provided by the USDA on April 23, 2013, L.K. McLean Associates, P.C. (LKMA) is pleased to submit the following revised proposal for professional engineering and survey services in conjunction with the above mentioned project. We have examined the four (4) locations listed in your email from photo-imagery resources that our office was able to access. It is our understanding that the Town is in the final stages of sponsoring a project to provide inilial funding to rehabilitate protective beams at four (4) locations. The berms are 7 to 14 feet in height, 10 feet wide at the top and contain side slopes that vary between 3:1 and $:1. The lengths associated with these ben'ns range between 480 feet and 1,200 feet. We understand our scope of services to include the following: I. SCOPE OF SERVICES Establish vertical and horizontal con~rol at each of the four (4) sites. Two (2) reference points will physically be set by our field s~lrvey crew and identified on the final plans. The vertical datum used will be NAV88 while the horizontal datum shall be NAD83. Perform a topographic survey of the four (4) farm sites where the protective berms were damaged by the storm. The topography would be inclusive of the initial b6,, area and $0' feet to the north end south of where the berm's location was prior to the storm. The field survey crew will obtain the existing edge of waterway for the purpose of showing the be,, rehabilitation area's location and proximity to existing bodies of wst~t. Process the field information in order to map each area and provide one foot contours on an Exisiing Conditions Plan which will define the extent of the storm damage. Once a digital terrain model (DTM) is prepared, LKMA shall re-create the protective beams in a new proposed surface based upon the existing configurations of each bo.,. · Founded in 1950 · L. K. McLean Associates, P.C. 4, Perform computer generated volume calculations comparing the existing site conditions and the proposed berm surface. 4, Prepare consl~uedon drawings in accordance with the NRCA's Conservation Practice Standards for constructing dikes. Thc drawings will consist of an Existing Conditions Plan (for each site), Proposed Berm Rehabilitation Plan (for each site), Constructions Details and Sections. 4. Prepare bid documtmts (plans and technical specifications) for the Town to procure a contract using a public bid process. 4, Provide contract procurement services to execute an agreement between the Town and a Contractor in accordance with USDA-NRCS's guidelines. 4, Provide Construction Administrative and Inspection Services needed to certify the completion of work in in accordance with the requirements set forth in the USDA's Cooperative Agreement Document at the four (4) sites concurrently. We assume a total construction period of 6 weeks and have estimated 20 hours per week of construction inspection and 10 hours per week of office engineering/administration to fulfill the reporting, meeting, payment processing and inspection criteria. ~ Prepare Operation & Maintenance Plan inclusive of obtaining a long-term maintenance permit from all applicable regulatory agencies. 4, Prepare As-Built Drawings for the purpose of certifying final quantities constructed. Assuming these conditions are acceptable, we would recommend the following breakdown of estimated fees and technical assumptions. Il. TECHNICAL ASSUMPTIONS ~' It is assumed that aerial photo-imagery can be used for the creation of the base mapping. ~' It is assumed that a (3PS controlled survey will be acceptable. ~' It is assumed that survey end mapping ofwctland boundaries will not be required. ,'~ No p~/.,its will be required by the NYSDEC for this rehabilitation project. The berms (equlvaient to dunes) will be rehabbed under the NYSDEC General Pe~rait GP-0-12-006 issued on October 31, 2012. ,,' The O&M Plan will include permitting. ,~ LKMA assume~ the Federal Financial Report (FFR) shall be prepared by the Town or their Duly Authorized Representative. IlL FEE AND PAYMENT Our fee estimate for the above services is as follows: TASK #1 - SURVEY & MAPPING ¢4 SITES); $ 9,975.00 SITE 1: LetTHAM F, dRM (ORIENT) $ 2,330.00 SITE 2: SALT /,IR FARMS (CUTCHOGUE) $ 2,450.00 SITE 3: I47CKHAM FARM (CUTCHOGUE) $ 2,630.00 SITE 4: FRED TERRY FARM (ORIENT) $ 2,525.00 TASK ~2 - PREPARE CONSTRUCTION DRAWINGS & BID PACKAGE: $ 8,500.00 V~fiou~ Farm Sit~ · B~m R~hab - LIO4A 1~!~1 P~ 2 of 3 I.[ A L. K. McLean Associates, P.C. TASK #3 - CONDUCT CONTRACT PROCUREMENT ACTIVITIES: TASK ~4 - GRANT COMPLIANCE & PRE-CONSTRUCTION DUTIES; TASK #$ - CONSTRUCTION ADMIN. & MONITORING SERVICES: TASK #6 - PREPARE OPERATION & MAINTENANCE PLAN: TASK #7 -- PREPARE AS-BUILT (RECORD~ DRAWINGS OF SITES ¢4]; SITE 1: IM THAM FARM (ORIENT) SITE 2: SALTAIR FARMS (CUTCHOGUE) SITE $: [FICKHAM F/IRM (CUTCHOGUE) SITE 4: FRED TERRY FARM (ORIENT) TASK #8 - POST CONSTRUCTION REPORTING & RECORDS: TOTAL SURVEYING & ENGINEERING SERVI~IE$: $ 2,150.00 $ 1,760.00 $17,900.00 $ 5,890.00 $ 9,975.00 $ 2,$50.00 $ 2,450.00 $ 2,650.00 $ 2,$25.00 $ 2,750.00 It is proposed that any additional authorized work be negotiated with the Town if and when necessary. No additional work will be performed without prior authorization. L.K. McLean Associates looks forward to working with you on this project. Thank you for the opportunity to provide this proposal for professional services, should you have any questions or comments regarding this proposal, please do not hesitate in contacting this office. Very lxuly yours, CFD:~d Christopher F. Dwyer, Associate CC: LKMA Project Manager Copy Anne White, LKMA Comptroller Various Farm Si~s - ~enn R~bab - IJO~A Pmpo~[ Pa~ 3 of 3 U.S. Department of Agriculture NRCS-ADS-093 Natural Resources Conservation Service 7/2012 NOTICE OF GRANT AND AGREEMENT AWARD 1. Award Identifying Number 2. Amendment No. 3. Award/Project Period 4. Type of Award Instrument !68-2C31-3-0007 date of STC signature - 12/12/2013 Cooperative Agreement 5. Agency: Natural Resources Conservation Service (NRCS) 6. Recipient Organization: (Name and Address) (Name and Address) Town of Southold New York State Office 53095 Main Road, PO box 1179 441 S. Salina Street Southold, NY 11971-0959 Suite 354, Room 520 DUNS: [;IN: 197736387 11-6001939 7. NRCS Program Contact: 8. NRCS Administrative Contact: 9. Recipient Program 10. Recipient Administrative Liz Camps Laureen Eipp Contact: Contact: District Conservationist Contracting Officer 11. CFDA Number 12, Authority. 13. Type of Action 14. Project Director 10.923 Emergency Watershed Protection Program, New Agreement Peter Wright Section 216, PL 8%516 State Conservation Engineer 15. Project Title/Description: DSR S-TSH-01, Dike Repair 16. Entity Type: Profit Nonprofit Higher Education Federal x State/Local I ndian/Native American Other 18. Accounting and Appropriation Data l?. Select Funding Type: ~-] Federal [~ Non-Federal Financial Code Amount Fiscal Year Treasury Symbol Original Funds Total: 1,528,147.50 463,075.00 EWPFA63F5054 1,389,225..0(~ 2013 13X1072 Additional Funds Total: EWP TA 63T 5054 1 38,922.50 2 013 13X 1072 Grand Total: 1,528,147.50 463,075.00 19. APPROVED BUDGET Personnel $ Fringe Benefits $ Travel $ Equipment $ Supplies $ Contractual $ Construction $ 1,852,300.00 Other $138,922.50 Total Direct Cost\ $ 1,852,300.00 *oral indirect Cost $ 138,922.50 Total Non-Federal Funds $ 463,075.00 Total Federal Funds A~varded $1,528,147.50 Total Approved Budget $1,991,222.50 Tiffs agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations, In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of troy payments constitutes an agreement by the payee that the mounts, if any found by NRCS to have been overpaid, will be refunded or credited in full to NRCS. Page I U.S. Department of A~'iculture Natural Resources Conservation Service NRCS-ADS-093 7/2012 (Continuation) Award Identifying Number 68-2C31-3-007 NOTICE OF GRANT AND AGREEMENT AWARD Amendment No. Award/Project Period Type of Award Instrument date of STC s gnature - 12/12/2013 Cooperative Agreement DonaldName andj. PettjtTitle of Authorized Government Representative,, ~' ture ~'~-/"~Date State Conservationist Name and Title of Authorized Recipient Representative Date Town Supervisor NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination/n all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived fi.om any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD), To file a complaint of discrimination write to USDA, Director~ Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a). P~e2 COOPERATIVE AGREEMENT No. 68-2C31-3-0007 between the UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE (NRCS) and TOWN OF SOUTHOLD PROJECT: Emergency Watershed Protection (EWP) Project S-TSH-01 - Technical and Financial Assistance Locally Led by the Sponsor I. AUTHORITY Under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed. Code of Federal Regulations, Title 7: Agriculture, Part 624-Emergency Watershed Protection, paragraph 624.8(c) authorizes NRCS to enter into a Cooperative Agreement with a Sponsor to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed. For purposes of this Agreement, "Sponsor" refers to Town of Southold and is defined in 7 CFR 624.4(g) as: "Project Sponsor means a State government or a State agency or a legal subdivision thereof, local unit of government, or any Native American tribe or tribal organization as defined in Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), with a legal interest in or responsibility for the values threatened by a watershed emergency; is capable of obtaining necessary land rights; and is capable of carrying out any operation and maintenance responsibilities that may be required." II. PURPOSE The purpose of this Agreement is to provide financial assistance to the Sponsor to implement emergency recovery measures. The damage was caused by Hurricane Sandy. The sites and work to be completed, shown below, have been agreed to by the Sponsor and NRCS. It is agreed that the following-described work is to be constructed at an estimated cost not to exceed $1~852,300.00. Damage Survey Report Description Estimated (DSR)* No. Construction Cost S -TSH-01 Dike Repair $1,852,300.00 Total Estimated Construction Cost $1,852,300.00 *(Attachment A) IlL THE SPONSOR's RESPONSIBILITIES AND OBLIGATIONS Programmatic Requirements - The Sponsors shall provide for accomplishment of the emergency watershed protection measures described in Section II through a locally awarded, competitive contract and provide for their completion within 90 days from the time that this Agreement is executed or no later than December 12, 2013. This Agreement is effective on the date of final signature by NRCS on the NRCS-ADS-093 form-Notice of Grant and Agreement Award. The Agreement may be amended to extend the date if it becomes apparent that the work will not be completed within this time frame. Requests from the Sponsor to the NRCS State Conservationist to extend the date of the Agreement must be submitted in writing no later than 60 days prior to the expiration date of this Agreement and/or amendments to this Agreement. Extension requests must include justification documenting the need for the extension. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the Sponsor Project Manager will be to review and concur with specifications and drawings for the works to be installed to repair damages described in the DSR, obtain Sponsor concurrence with any modification and/or changes, assist in the final inspection of the works of improvement, certify along with the Sponsor's Professional Engineer when all work has been completed according to the specifications and drawings, submit the SF-270 and supporting documents to the NRCS Administrative Contact for processing reimbursement. The Sponsor shall complete all required work under this Agreement, including but not limited to construction of works of improvement, quality assurance during construction, final inspection, payment of all contractors, submissions of as-built plans and certification of final quantities, etc. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in this Agreement (over and above the NRCS commitment of up to 75 percent of actual construction costs and within the not-to-exceed amount) will be de- obligated from the Agreement. NOTE: EWP program rules prohibit NRCS from reimbursing the Sponsor for work performed prior to the effective date of this Agreement (date signed by NRCS State Conservationist). NY-April 2013 Page 2 of 15 Funding and Cost-Share - NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts as shown on form NRCS-ADS-093. NRCS program requirements require the Sponsor to account for expenditures separately. The following is a description of the accounts: a. The Technical Assistance (TA) funds ($) may be expended for items such as: i. Costs for surveys, developing the design and specifications, and conducting inspections. ii. Costs for developing and issuing a solicitation(s) for construction, evaluating offers, and awarding a construction contract. iii. Costs of administering and managing the Sponsor's construction contract includii3g construction inspection, certifying completion and preparing as-built drawings. iv. Other administrative costs such as verifying invoices, record keeping, and accounting for Sponsor resources expended for the project. v. NRCS is obligating TA funding of $138~922.50. This amount is the maximum Federal funds available to cover actual TA costs as described above. The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section II of this Agreement. TA funding for this Agreement may be insufficient to cover all TA costs. As such, this will require the Sponsor to cover any cost exceeding the 7.5 percent to fully complete all necessary TA work. vi. Payment will be made upon receipt of the final SF-270 (Attachment G) and supporting documents for the project. Unexpended TA funding will be de- obligated by NRCS and may be reallocated to other nationwide EWP program projects. The Financial Assistance {FA) are to be used exclusively for actual allowable costs of on-the-ground construction described in Section II above. Total estimated construction cost of the project covered in this Agreement is $1~852~300.00. i. NRCS is obligating FA funding of $1~389~225.00 to the Sponsor or up to 75 percent of total actual allowable on-the-ground construction costs. Actual cost of construction will consist of contracts awarded to contractors plus eligible Sponsor in-kind construction services of materials, labor, and equipment. The Sponsor shall provide NRCS records to support costs incurred. ii. The Sponsor is responsible for cost-sharing of :~463~075.00 or at least 25 percent of total actual on-the-ground construction costs. The Sponsor's contribution may be comprised of Sponsor's funds, the value of in-kind labor, materials, use of equipment, etc. NOTE: The Sponsor is prohibited from using Federal funds for any portion of their cost-share requirement. Funds are considered Federal in origin if disbursed directly to the Sponsor by a Federal government agency or indirectly through another entity. For example, Federal funding to a state agency passed by the State to a County and from the County to a City is considered to be NY-April 2013 Page 3 of 15 iii. Federal in origin by the State, the County, and the City. Neither the State, County, nor City could use the Federal funds as a cost-share contribution. If the Sponsor desires to increase the level of protection over and above that described in the NRCS Damage Survey Report (DSR), the Sponsor will be responsible for paying 100 percent of the costs of any unapproved and unfunded upgrade or additional works of improvement not eligible for Federal cost share. The Sponsor shall submit quarterly a Federal Financial Report (FFR) as required by the Office of Management and Budget (OMB). A copy of the FFR form SF-425 (Attachment G) can also be found on OMB's website at http://www.whitehouse.gov/omb/grants forms/. This will serve as NRCS's required quarterly accrual information. An accrual is the value of the work you have performed or will perform in cooperation with NRCS but for which you have not yet submitted an SF-270. The Sponsor will complete the SF-425 FFR and submit it to the NRCS Administrative Contact no later than 15 days prior to the end of the fiscal quarter (submit by March 15, June 15, September 15, and December 15). Failure to submit reports in accordance with the above schedule may result in suspension or termination of this Agreement. The Sponsor will submit a final report to the NRCS Administrative Contact no later than 90 days after the completion of all work required under this Agreement. The final FFR reporting end date is the end date of the project or of the Agreement period. This Cooperative Agreement constitutes Federal financial assistance and the following provisions are applicable: i. Universal Identifier and Central Contractor Registration (2 CFR 25) - The Sponsor must register in the System for Award Management - SAM (formerly the Central Contractor Registration-CCR database) www. SAM.gov prior to award of an Agreement, unless you are exempted from this requirement under 2 CFR 25.110. The Sponsor must maintain the currency of information in the database until the final FFR is filed or final payment is received, whichever is later. This requires that the Sponsor review and update the information annually after the initial registration and more frequently if there are changes. ii. Federal Prime Contractor Subaward and Executive Compensation Reporting (2 CRF 170) - Applicable to each action that obligates $25,000 or mom in Federal funds. The Federal Funding Accountability and Transparency Act (FFATA) requires Federal prime awardees to use the FFATA Subaward Reporting System (FSRS) www. FSRS.gov to report subaward and executive compensation data for first-tier subawards. Procurement and Contractine - The Sponsor will conduct all procurement activities in a manner that provides, to the maximum extent possible, free and open competition. The Sponsor shall provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstracts, and awarded contract, or other basis of cost. The Sponsor will solicit, evaluate, award, and manage design and construction contracts in accordance with established Sponsor procurement policy and all applicable Federal and State laws and regulations. Reference 7 CFR Part 3016.36 (Attachment E) for NY-April 2013 Page 4 of 15 procurement requirements including required USDA bonding requirements and construction contract clauses. The Code of Federal Regulations (CFR) is accessible on line at www.ecfr.gov. Recipients of Federally-Assisted Programs are required to post the following notice in their offices and include, in full, on all materials regarding this project that are produced by the recipient for public information, public education, or public distribution: "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer." Pre-Construction - Prior to beginning any on4he-ground construction work, the Sponsor will hold a pre-design conference that will include (at a minimum) the Sponsor, Sponsor's design engineer and NRCS Project Manager in order to set forth design parameters concurred with by both the Sponsor and NRCS. During the conference the participants will review the following items to ensure all concerns relative to project requirements have been addressed: Permits - The Sponsor is responsible for securing all permits. It is the Sponsor's duty to confirm that all Federal, State, and local permits have been applied for and permits have been received prior to beginning work at the site. Sponsors shall provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns. The Sponsor shall transmit copies of all permits, licenses, and other documents required by Federal, State, and local statutes and ordinances to NRCS prior to solicitation of construction bids for installation of the works of improvement. All modifications to the plans and specifications shall be reviewed and concurred in by NRCS. All costs relative to obtaining required permits, complying with permit special conditions and permit reporting will be borne by the Sponsor. In accordance with EWP program regulations, NRCS cannot pay for these costs nor can these costs be counted as a cost-share contribution by the Sponsor. Endangered Species Act (ESA) Compliance - The Sponsor is responsible for compliance with the ESA. The Sponsor agrees to implement all necessary avoidance, minimization and conservation mitigation measures for the protection of threatened and endangered species identified through consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the ESA. The Sponsor's Project Manager must review the DSR (Attachment A) orior to startin~ construction and comply with all applicable ESA restrictions on construction activities identified in the DSR or included in U.S. Army Corps of Engineers (ACOE) Section 404 Permits for the project. NY-April 2013 Page 5 of 15 National Historic Preservation Act Compliance - Construction contracts awarded by the Sponsor must incorporate all cultural resource requirements as determined by NRCS. National Environmental Policy Act (NEPA) Compliance - The Sponsor is responsible for compliance with all NEPA requirements. The Sponsor's Project Manager must review the DSR orior to startine construction and comply with NEPA restrictions identified in the DSR. New York State Environmental Quality Review Act (SEQRA) Compliance- At sites where emergency watershed protection measures cannot be installed under authority of a New York State emergency permit, the Sponsor is responsible for compliance with all SEQRA requirements for protecting designated resources as required by the New York State Department of Environmental Conservation and the SEQRA-designated Lead Agency for environmental impact review. New York City Department of Environmental Protection (NYCDEP) Stream Management Program (SMP) Compliance - When completing emergency watershed protection measures on projects located on resources administered by the NYSDEP SMP or for projects funded (either fully or partially) by the NYCDEP SMP, the Sponsor is responsible for compliance with SMP design documentation and quality standards identified by the NYSDEP. Acquire Real Property Rights -The Sponsor shall acquire all needed real property rights (land and water), permits, and licenses in accordance with State and Federal laws at no cost to NRCS. The Sponsor shall provide certification (signed NRCS-ADS-78 (Attachment G)) that real property rights have been obtained for the works of improvement described in Section II above and for access and staging area rights for construction of these works of improvement. Thc ADS-78 form shall be supported by an attorney's opinion attached thereto. Certification shall be provided to NRCS prior to solicitation of construction bids for installation of the works of improvement. Alii costs of obtaining property rights will be borne by the Sponsor. In accordance with EWP program regulations, NRCS cannot pay for these costs nor can they be counted as a cost-share contribution by the Sponsor. Preliminary Design Review -The Sponsor shall, prior to final design, submit for NRCS review and comment, the preliminary design report, preliminary design, construction specifications, and drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre-design conference. Operations and Maintenance (O&M) Plan - he sponsors shall modify the generic O&M Plan (Attachment C) to be site specific and submit it to NRCS for review and approval. Alii costs of operating and maintaining the site will be borne by the Sponsor. In accordance with EWP program regulations, NRCS cannot pay for these costs nor can they be counted as a cost-share contribution by the Sponsor. Quality Assurance Plan (QAP) -The Sponsor shall, prior to solicitation of construction bids, submit for NRCS review a project-specific QAP. The QAP shall outline technical and administrative expertise required to ensure the works of improvement are installed NY-April 2013 Page 6 of 15 in accordance with the plans and specifications, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. Final Design - The Sponsor shall, upon receiving comments from NRCS, prepare the final design including a project report, construction specifications, and drawings in accordance with standard engineering principles and design parameters set forth in the pre-design conference, NRCS's review or preliminary plans, and the QAP. One set of the final plans and specifications shall be submitted to NRCS for functional review and concurrence prior to solicitation of construction bids. The final construction plans and specifications shall be signed and sealed by a Professional Engineer registered in the State of New York. 5. Eneineerine and Construction Performance Licensed Professional Engineer -The Sponsor shall ensure individuals and/or organizations providing engineering services employ a licensed professional engineer who directly supervises the staff performing the services or who serves as a Principal Engineer. Document Certification and Sealing -The Sponsor shall ensure any designs, drawings and specifications submitted for a functional review to the NRCS Engineer meet NRCS standards and are sealed by a licensed engineer. The documents will be certified as follows: "To the best of my professional knowledge, judgment and belief, these plans (or this report, etc.) meet applicable NRCS standards." This certification statement will be signed and sealed by the licensed professional engineer. NRCS Functional Review -The Sponsor agrees to provide the design report, project design plans, construction specifications, O&M plan, QAP, and engineer's cost estimate, to NRCS Engineering staff for completion of a functional review. The NRCS National Engineering Manual (NEM) [505.03(b)(3)] (refer to NEM website: http://www.info.usda.gov/CED/ftp/CED/NEM.html) directs engineering review of the following to assure compliance with EWP program requirements: i. Proposed works will achieve the objectives identified for the project; ii. Applicable practice standard criteria are met; iii. Proposed works are in compliance with applicable State and Federal programs; iv. The design report addresses hydrology, hydraulics, and sedimentation as applicable to the project; v. A QAP is prepared and includes a final construction inspection plan for inspecting work in progress. When completed provide a final inspection and certification (performed by a NYS licensed Professional Engineer) of full completion of all planned works; vi. A technical review as defined in NEM 511.05 is not required. Responsibilities - Items of concern identified during the functional review will be identified in a written report provided by the NRCS Project Manager to the Sponsor. Design plans and/or specifications that are identified by NRCS to be unacceptable will NY-April 2013 Page 7 of 15 be returned to the Sponsor for revision. The Sponsor bears the responsibility for ensuring that contracted architectural and engineering firms possess the skills required to successfully and efficiently perform the project work to NRCS standards and specifications, and that payment is made only for work performed in producing acceptable products. Construction Oversight - All construction in the field will be performed to comply with Sponsor, NRCS, and Regulatory Agency plans, specifications, standards, and special conditions including: i. If the Sponsor's contractor has not completed the contracted works in compliance with the plans, specifications, and special conditions and NRCS standards, the NRCS Project Manager may decline payment under this Agreement until all deficiencies are corrected and certified as completed by the Sponsor's Project Manager and noted as such in the Final Inspection Report. ii. Permit Requirements - It is the Sponsor's responsibility to insure that all work is performed in accordance with permit requirements. If the Sponsor's contractor is not completing work in accordance with permit requirements, a Permitting Official may issue a stop work order. In such instances, the Sponsor is responsible for ensuring all deficiencies are corrected and in compliance with permit requirements prior to resuming work at the project site. Any additional costs resulting from permit non-compliance will be the responsibility of the Sponsor. iii. OSHA Safety Regulations - All contractors on NRCS assisted projects are required to perform their work in accordance with OSHA regulations, NRCS Supplement to OSHA Parts 1910 and 1926 (Attachment F), and the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for checking the contractor's compliance. The Sponsor will notify NRCS in writing of all accidents and/or injuries that occur on the NRCS assisted project. Construction Inspection/Job Diary/Photographic Record - The Sponsor will provide construction inspection in accordance with the inspection schedule provided in the Project QAP. A daily, written Job Diary of activities throughout the entire construction period shall also be maintained documenting contractor activities, construction progress, on-site technical inspections and certified percentage-of-completion data used to monitor progress at the project site. The Job Diary should also include decisions and modifications made, significant discussions with the contractor regarding deficiencies and deficiency corrections made by the contractor, and all activities relating to change orders. In addition, photographic documentation should include a complete diary of activities from preconstruction through final inspection and should comprise a composite of the weekly photographic documentation provided during the construction phase of the project. The photographic record must also include a set of final photos that shows all completed project work sites with photos taken from similar vantage points as the original pre-construction photos. NY-April 2013 Page 8 of 15 Construction Site Access - The Sponsor shall provide NRCS technicians and engineers access to the construction site at all times prior to and during construction. Site visits may be performed on a random or regular basis (as required by each particular project) throughout the plan development and construction phases of the project, up to and including the final inspection. Removal or Relocation of Utilities - The Sponsor will arrange for and pay for any necessary location, removal, or relocation of utilities. All costs of removing or relocated utilities will be borne by the Sponsor. In accordance with EWP program regulations, NRCS cannot pay for these costs nor can they be counted as a cost- share contribution by the Sponsor. Notification of Significant and Unforeseen Events - The Sponsor shall immediately notify the NRCS Project Manager of significant and unforeseen events and conditions that impact the project. The information can be transmitted either 1) verbally, if the issue is time-sensitive, and with a written notice documenting the conversation submitted to NRCS within 24 hours of occurrence; or 2) if the issue is not time- sensitive, in writing and within 24 hours of identifying any of the following conditions: i. Problems, delays or adverse and differing site conditions that will materially impair continuation of the project or the Sponsor's ability to achieve full completion of the approved watershed protection measures at the project site. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. ii. Problems, delays or adverse and differing site conditions that will increase project costs. This disclosure must include a description of the changes that are necessary along with an accurate accounting of costs associated with the proposed modifications to the project design. iii. Favorable developments which enable meeting time schedules and objectives sooner or for less cost than anticipated or developments producing more beneficial results than originally planned. Deviations from Final Design - The Sponsor will obtain NRCS concurrence for any deviations from the Sponsor's design plans and specifications. Maior changes must be documented in writing with a modification to the contract and an amendment to the Project Agreement. Every attempt will be made to contact NRCS for verbal concurrence for minor deviations and corrections that become necessary during construction; however, construction should not be delayed to await approval of minor changes unless there is reasonable doubt on the part of the Sponsor that the change will be acceptable to NRCS. All minor changes and corrections~ regardless of whether NRCS was verbally contacted or noh will be documented by the Sponsor in writing and submitted to the NRCS Pro,|ect Manno. er and Administrative Contact within 24 hours of occurrence. Minor changes and corrections are defined as changes and corrections that do not increase project costs. Weekly Progress Reports - Once a week, throughout the duration of construction or other project site activities, digital images documenting construction progress will be submitted to the NRCS Project Manager. Photos should be taken daily of construction and other necessary project site activities and should show construction methods, NY-April 2013 Page 9 of 15 subsurface materials encountered, construction problems as well as problem solutions, and any damages incurred during construction either natural or manmade. Photos will be accompanied by a narrative report documenting construction progress during the week. Submission via e-mail is acceptable. Final Inspection -The Sponsor shall arrange for and conduct final inspection of the works of improvement. The NRCS Project Manager, the Sponsor, and the Sponsor's design engineer shall participate in the final inspection. A Professional Engineer registered in the State of New York furnished by the Sponsor shall certify that the project was installed in accordance with plans and specifications, contractual requirements and NRCS standards. Post-Construction As-built Drawings - The Sponsor shall complete as-built drawings for the project. A copy of the as-built drawings will be submitted by the Sponsor's Project Manager to NRCS. As-built drawings and final quantities shall be certified by the professional engineer furnished by the Sponsor and shall include the following statement: "To the best of my professional knowledge, judgment and belief, this work meets applicable NRCS standards." Job Diary/Digital Photographic Record - Upon completion of the project, the Sponsor will provide the completed job diary as well as the photographic record in digital format (.jpg) on a CD to the NRCS Project Manager. Operation and Maintenance - Upon completing the installation of emergency protection measures and the elimination of the imminent watershed impairment, the Sponsor will assume responsibility for operation and maintenance of all works installed under this Agreement. Sponsors are responsible for normal maintenance of the project site for the life of the project (ten years unless otherwise noted) as stipulated in the site specific O&M Plan. Normal O&M will include regularly scheduled annual inspections. Damage assessment inspections also will be performed after all major storm events. If the installed works become damaged, the Sponsor will take action to bring the protection measures up to reasonable operational standards. If the measures are not brought up to reasonable standards, the site will not be eligible for future funding under the EWP program. The Sponsor is responsible for all operation and maintenance costs. Dispute Resolution - The Sponsor shall take reasonable and necessary actions, including legal action, if required; to dispose of any and all contractual and administrative issues arising out of the contract(s) awarded under this Agreement. Issues may include but not be limited to, disputes, claims, protests of award, source evaluation, litigation that may result from the project, and bringing suit to collect from the contractor any monies due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. Deficient Construction Services - The Sponsor will accept liability for any damage and any additional construction costs incurred to correct problems arising during or NY-April 2013 Page 10 of 15 after construction resulting from deficient construction services performed by or through the Sponsor. Future Liability - The Sponsor shall hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this Agreement or resulting from the work provided for in this Agreement. The Sponsor is responsible, without recourse to NRCS or USDA, for the settlement and satisfaction of all contractual and legal issues arising out of arrangements entered into between the Sponsor and others to carry out approved project activities. Matters concerning violation of law should be referred to the Federal, State, or local authority having proper jurisdiction. Record Keeping - The Sponsor shall retain all records dealing with the award and administration of contract(s) for 3 years from the date of the Sponsor's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3- year period, whichever is longer. The Sponsor shall make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the USDA or cognizant audit agency for the propose of making audit, examination, excerpts, and transcripts. 7. Payment The Sponsor shall accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the works described in Section II. The Sponsor shall pay the contractor as provided in the contract(s) and submit to NRCS for reimbursement on Form SF-270, Request for Advance or Reimbursement, with supporting documentation. Reimbursement for the FA and TA must be documented separately as described in Section III, paragraph 2, a and b. IV. CONTACT INFORMATION Town of Southold NRCS Project Manaeer Project Mana_oer (Name)~v,e. (Title) (Sponsor) (Add.ss) ~ ~ Fax: Liz Camps District Conservationist USDA NRCS 423Griffing Avenue Riverhead, NYll901 Phone: 631-727-2315 Ceil: Fax: 631-727-3160 Emil: liz.camps @ ny.usda.gov NY-April 2013 Page 11 of 15 Administrative Contact (N~me) (Title) (Agency Name) (Address) ~ (Address) Phone: Adminiatrative Contact Laureen M. Eipp Contracting Officer USDA NRCS 441 S. Salina Street, Suite 354, Room 520 Syracuse, NY 13201 Phone: 315-477-6522 Fax: 315-477-6560 Email: laureen.eipp @n¥.usda.gov V. NRCS RESPONSIBILITIES AND OBLIGATIONS 1. Funding and Cost Share- Cost Share TA - Provide the value of the Sponsor technical assistance not to exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section Il. This cost will not exceed $138~922.50. Cost Share FA - Provide 75 percent of the actual cost of constructing the emergency watershed protection measures described in Section Il. The cost to the NRCS will not exceed $1~389~225.00. Pr~iect Manaeer - Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the NRCS Project Manager will be to review and concur with specifications and drawings for the works to be installed to repair damages described in the DSR, assist in the final inspection of the works of improvement, certify along with the Sponsor's Professional Engineer when all work has been completed according to the specifications and drawings, review the SF-270 and supporting documents, and facilitate submission of the SF-270 and supporting documents to the NRCS Administrative Contact for processing reimbursement. Procurement and Contractin~ - NRCS will not be substantially involved with the technical or contractual administration of the contracts entered into as a result of this Agreement, but will provide advice, counsel and direction as needed 4. Pre-Construction Assist Sponsor and Sponsor's engineer in establishing design parameters and approve and concur in same as set forth in Section III, paragraph 4. This includes review, comment and concurrence on draft and final plans, specifications, O&M plan, and QAP. Assist Sponsor and Sponsor's engineer in preliminary NEPA compliance review (also SEQRA when applicable at large restoration projects) in identifying potential project impacts to Federal and State protected biological, historical and cultural resources. When appropriate, the NRCS Project manager will coordinate technical assistance in consultations with responsible regulatory agencies to identify appropriate avoidance, NY-April 2013 Page 12 of 15 minimization or mitigation measures for the protection or restoration of critical resources. 5. Post Construction and Payment a. Upon notification of the completion of construction, participate in the final inspection. Review the Sponsor's submission of all requested supporting documentation, including the final inspection report, certified as-built plans and final quantities, complete digital photographic diary and accompanying job diary, and properly completed SF-270 Request for Advance or Reimbursement. NRCS shall promptly review the Sponsor's performance to determine if it has met the requirements of this Agreement. The NRCS Administrative Contact will receive the assessment of work completed and supporting documentation relative to allowable funds requested and, if the request is reasonable, approve and process payment to the Sponsor. In the event there are questions regarding the SF-270 and supporting documentation, NRCS will contact the Sponsor in a timely manner for clarification. VI. IT IS MUTUALLY AGREED: This Agreement becomes effective upon the final signature of the NRCS State Conservationist on the NRCS-ADS-093 form. All work required under this Agreement shall be completed in accordance with Section III. That each party shall review, comment, and concur with the construction plans, specifications, quality assurance plans and project administration responsibilities as identified in Section III, paragraphs 4, 5 and 6 of this Agreement. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. NRCS may terminate this Agreement in whole or in part when it is determined by NRCS that the Sponsor has failed to comply with any of the conditions of this Agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities of NRCS and the Sponsor. This Agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions herein. Further, NRCS may suspend this Agreement when it is evident that a termination is pending. The Financial Assistance provided in this Agreement may be increased based on necessary and eligible cost increase with mutual, prior agreement and formalized with a signed Amendment. NY-April 2013 Page 13 of 15 10. 11. By signing this Agreement the Sponsor assures the NRCS that the program or activities provided for under this Agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. Privacy of personal information related to natural resource conservation programs will be in accordance with Section 1244 of title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-71, 116 Stat. 235) Employees of NRCS shall participate in efforts under this Agreement solely as representatives of the NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the Sponsor or any member of the Sponsor's Organization. They also shall not assist the Sponsor or any member the Sponsor's Organization with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the Sponsor, or any member of the Sponsor's Organization, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the NRCS. Employees of the Sponsor shall remain its employees while carrying out their duties under this Agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this Agreement. Should inconsistencies arise between language in this Agreement and the attached plan of work, the language in the Agreement takes precedence. VII. ATTACHMENTS TO AGREEMENT The following attachments are incorporated into the Agreement: Attachment A: Plan of Work - DSR(s) S-TSH-01 Attachment B: General Terms and Conditions for Grants Cooperative Agreements Attachment C: Generic Operations and Maintenance Plan The following attachments are provided as reference and resources for this Agreement: Attachment D: 7 CFR 624, Emergency Watershed Protection Program Attachment E: 7 CFR 3016-36, Procurement Attachment F: NRCS Supplement to OSHA Parts 1910 and 1926 Attachment G: The following Standard Forms to be submitted by the Sponsor: NRCS-ADS-78 Assurances Relating to Real Property Acquisition SF-270 Request for Advance Reimbursement SF-425 Federal Financial Report NY-April 2013 Page 14 of 15 VII. APPROVAL The United States Department of Agriculture, Natural Resources Conservation Service and Town of Southold execute this agreement as of the date of final signature by USDA/NRCS on NRCS-ADS-093 form, Notice of Grant and Agreement Award. The signatories represent that each is duly authorized to bind their respective organization to the terms of this agreement. By signing the NRCS-ADS-093 form, the Sponsor assures USDA that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil fights laws, rules, regulations, and policies. ~n was authorized at an official meeting of onthe '~Zfi'~day~,2OI3at t'l~?~O ~ Title: ~'q--g0e't-~'~--- Date ~'~ It ~ Proglam Funds: Authorized Name/Title Date FNM Fll~ds: Av~0ilable t~ ~. fX ~ - ~ Nam~Tit~, ~~ Dat~ NY-April 2013 Page 15 of 15 ATTACHMENT A DAMAGE SURVEY REPORT (DSR) United States Department of .Agriculture OMB No. 0~78-0030 Natural gasource~ Conservation Service NRCS-PDM-2B Section lA Date of Report: 04/08/2013 DSR Number: DSR-S-TSH-01 DAMAGE SURVEY REPORT (DSR) Emergency Watershed Proteetion Program .Recovery Projact Numbec 5054 NRCS Entry Only Eligible: YES -- Approved; YES __ g~ NO ~" F- NO ~- Funding Priority Number (f~om Section 4) 4 Limited Resource Ama: YES ['--' NO ~r Section lB Sponsor lnfonaafion Sponsor Name: Scott Russell, Town of Southhold, Town Haft, 5~095 RTE.25 Address: P.O. Box 1179 City/State/Zip: Southhold, NY 11791-0959 TelephoneNumber: (631) 765-1889 Fax: (631) 765-1823 Cmmt~: Suffolk Latitude: See Attached UTM Coordinates: Se~ion lC Site Location informtion State; New York Can~a~ssional District: 1 Longitude: ~ A0a~qad 5o~don: Township: Southh~ Range: Drainage Name: Cutchogue Harbor & Lon9 Beach Bay Damage Description: Dike Repair Reach: N/A Section ID Site Evaluation All answers in this Section must be YES in order to be eligible for EWP assistance. Site EligibiltP/ YES NO Remarks Damage was a result of a natural disast~r~* r-~ .... Recovery measures would be for runoff retardation or soil I" f '- erosion prevention?* Evant caused a sudden impairment in the watershed?* ..... Imminent threat was created by this event?** i _J LJ For slmc~al ropalrs, not repaired twice wt*m ten years. Site Defensibility Economic, environmental, and social documentation adequate to warrant action (Go to pa~es 3~ 4~ $ and 6 ** *) L-~-..! t.J Proposed action K'chnicall~, viable? (GO to page 9 ***) Have all th~ appropriate s~ps been taken to ensure that all segments of the afl~texi population have been informed of thc EWP program and its poss~le effects? YES ** Regula~on 1of~4 Approved 7/2005 DSR-S-TSH-01 DSR NO: ~eetien IE ~'olmsed Action Describe ~lc prefeffed alternative from F~*~ings: Section 5 A: Total inaialtst[on cost idcetifi¢d in this DSR: Section3: $. 1,852,300.~ State Offiee Review end Approval Reviewed By: Date P,.eview~: Stnto EWP Program Manager Approved By: Date Approved: State Conservationist PRIVACY ACT AND PUBU~ BURDEN STATEMENT NOTE: ~llm fo#owing statement Is made in accordence wldh the Privacy Act of 1974, (5 U.S.C. 552a) arid the Papenvork Rnductiun ~ of 1995, as amended. ~ auth~ fi~r requnatng the following Infommten is 7 CFR 624 (EWP) and Secticn 216 of the Flcod Control A~ of 1950, Public Law 81-516, 33 U.S.C. 701 b-l; and Senflen 403 of the A(}~k:uJtorel Credit Act of 1978, Public Law 95334, as amended by Sectton 382, of am Federal AlFIcutaxe Improvement and Reform ,N:t of 1996, Public Law 104-127, t6 U.S.C. 2203. EWP, through foCal sponsors, pro,des emergency measures for nmoff r(~tm dal;~n end erosion cmtbol to areas wflere a sudden impairment of a woteWned threatem life or property. The Semetary of Agdeuitum has delegated the ndmlotslmflon of EWP to the Chief or NRCS on state, thbal and pdv'ate lands. Signing G-ds form indicates the agonso~ conov~ and agrees to provide the ragionat cnat-share to implement the EWP recovep] measure(s) de{ermined eliglbfo by NRCS under the ten~s and cendlflons of the pragmm anthndty. Failure to provide a signature v, dll result in Um applicent belag unable to apply For or receive a gnmt the applicable program authonden, Once signed by the sponsor, this Iofnama~en may not be provided to other ngencins. IRS, Depa~rnant of Justice, or other State or Federal Law En[orcerrm~t agencies, and in resp~nae to a court or admlnislzaOve tobunal. The provisions of cdmlnsl and ct~il fraud statutes, Indndb~g t8 U.S.C. 28~, 287, 371, 64% 651, t001; 15 U.S.C. 714m; and 3t U.$.C. 3729 may aiso be applicable to the Informatlun provided. Acoordlng to the Papemmrk Reduction Act of 1995, an agency may not conduct or sponsor, end a persen is not required to respond to a cctlecten of informaflen untsss It displays a vaild OMB control number. The vstid OMB control number for this infommtton cel~ec~inn ia o578-0030. The dime required to complete this informaton co~lecton Is est~msted to average 117/1.g6 mlnutes~hours per response, including the lime for mvtewiag instructions, cearc~ng existing data sources, field reviews, gathering, designing, and maintaining the data needed, and completing and re~w~ ng the colts~on information. U~DA NONDISCRIMIHATtON STATEMENT "The U.S. Department of Ag~toaiture (USDA) pmhihita discrimination in all ils programs and a~vffies on the basis of race, color, naEonai origin, age, disability, and where app~lcabta, sex, marUal status, familial status, parental status, religion, sexual orientation, genetic Infon~otfon, political belicfs, mprtsai, or because all or part of an IndMdual's Income is dedved from any public assistance Ixagrem. (Not all prohibited bsces apply lo all programme.) Persons v/Ah d[sabllihes who require aitomoflve means for communication of program inf(xmai~on (Braille, large print, andlotapa, etc.) should co~tact USDA's TARGET Center at (202)720-2600 (vocte and ~T~D). To file a complaint of disndmlnaUna, wdte Io USDA, Director, Office 'of Civil RJ§hts, 1400 lodepandence Avenue, SW., Washington, DC 20250-9410, or call (800)795-3272 (voice) or (202) 720-6382 ('rDD). USDAIs an equal oppartnalty provider and emplo~mr, Civil RI;INS $1atement of A~umn~e ~ program or activ~es conducted under this agreement will be In compliance with the nondiscrimlnatna provisiona coofainad in the Tlfles VI and VII of the Civil Rights AC~ of 1964, as amended; the Civil F~hta Rnstemten Act of 1987 (Public Law 100-269}; and other nondlsmtminsUon statutes: namsty, ~ 504 of the Rebebildeflofl Act of 1973, T1'~e IX of the Amendrnsflta of 1972, the Age Discrlminatlen Act of 1975, end the Ameflcans with Dtaab[dtes Act of 1990- They will also be in accerdence with raguloflons of the Secretary of Agriculture (? CFR 15, 15a, and 15b), which provide lhat no pmson in the Untted States shsil on the grounds of race, color, national origin, gender, rsiiglon, age or dhmblity, be excluded from pantcipatlon in, be denied the beneflls of, or othemdna aubJectad to dlsc~mln~en unde~ any program or actMty receiving Federal financial assistance from the U.S. Depamna~t of Agriculture cr any agency thereof. 2of14 Agpmved 7/2005 DSR NO: S-TSh-01 Section 2 Environmental Evaluation 3of14 Approved 7/2005 S-TSh-01 DSR NO: Section 2E Special Environmental Concerns Resource Existing Condition Altematives and Effects Consideration Proposed Action No Action Alternative ! S~dimenta6on of Coastal sedimontation reduced due tocontinued contribution of sBdimentation reduced due to Waters of the U,S. Coral Reefs Cultural Resources Threatened Species Environmental Justice Floodplain Management Migratory Birds breeding migrants Riparian Areas Scenic Beauty Wild and Scenic Rivem Completed By: Karl Strause, Biologist Date: 04/20/2013 4o[14 Approved 7/2005 DSR-S~TSH-01 DSR NO: Section 2F Economic This section must be ,~m ?,.~tad by e~eh alternative considered (attach additional sheets as necessary). ................ a Fua,m~ Dema~s ($) Damag~ Fac~x' ~A) N~r Tefra l~lag~ S~ add~onal under o~er 0% 0% 0% 0% 0% 0% 0% 0% 0% Net BeneF~ (Tot~ Ne~ Te~ D~age R~u~on minus Cost Dom S~fion Completed By: Notes: REY Date: 04/08/2013 5of14 Approved 712005 DSR-S-TSH-,01 Section 2G ~oefltl Consideration This seetion must be completed by each alternative considered (attach additional sheets ns neenenary). Y~S NO Remarks Has there been a loss of llfc as a resalt of the wa/crshcd hopa~'ncn~ ~.,_ ! . Is the~re tho potential for 1o~ of life duo to damages from tile watcrshod impainacnt? Has access to a hospital or medical facility hopafla~nt (Life and ptolemy ~ensen to opczat~ in ~ normal capacity) Is [h~re n h~k o~ has lhox~ been a redu~lion impalrreent? Completed By: REY Da~: 04/08/2013 6of14 .N~pmve~ 712005 DSR-S-TSH-01 DaR NO: Section 2H GFoup Representation and Disability Iuformafion This section is ~m.nJ*fpd only for the pFeferred alternative selected. Ameficafl lnd]nn/A In.qkn Native F~male Hispanic American lntllnnlAt~.~ Nnfive Female Non-Hispanic Americnn Indim/A btqk~ Native Ma[c Hispa~t'c. American I.dlnn/Alaska Nsliv¢ Male Asian Female Hispanic Asian Female Non-Hispanic Asisa Male Hispanic Asian Male Non-Hispanic Black or African American Female Hispanic Black or African American Female Non-Hispanic Black or African American Male Hiapaaic ....... Black or African American Male Non-Hispanic Hawaii~m Native/Pacific Is!,,,~a,'~' Female Hawaii~m NativedPacific Isl,-a,'~ Fcmale Non-Hispanic Hawaiian Native/Pacific lqhnd~ Male Hispanic Hawaiian Native/Pacific !sl~naot Male Non-Hispanic White Femal~ 141~,n~nic White F~msl~ Non-Hispanic White Male White Malc Non-Hispanic 5 Total Group 5 Census U'aci(s) Compleled By: 7 of ~4 /~p~oved 712005 DSRNO: Section 21. Required consultation or coordination between the lead agency md/or the RFO and another governmental unit including tribes: Easements, permissions, or permits: Land rights NYSDEC Article 15 Hurricane sandy General Permit (GP-0-12-006) NYSDEC Notice of Intent (flied to initiate work under GP-0-12-006) NYSDOS Consistency Review (Coastal Assessment Form completed by NYSDEC) CWA Section 404, NYSDEC Article 15 Wetlands Permit or TO Southland Wetlands Permit (per consultation) Notification of Utilities (if necessary) Informal consultation with NYSDEC and USFWS for Endangered/Threatened Species. Mitigation Description: Timing of construction will take placo so as to avoid or minimize potential adverse effects to protected animal species in the vicinity of the site. Equipment storage and refueling stations will be located a safe distance from protected wetland areas. Access to work sites will be through established maintenance routes and will not require additional disturbances to adjacent wetland areas. Agencies, persons, and references consulted, or to be consulted: NYS Department of Environmental Conservation (Endangered/Threatened/Rare Species) NYS Historic Preservation Office US Army Corps of Engineers (wetlands) Suffolk County Soil and Water Conservation District Suffolk County Department of Parks, Recreation and Conservation (E/T/R species, Wetlands) U.S. Fish and Wildlife Service (Endangered/Threatened Species) Pdvate Landowners Town and County Highway Departments Town of Southland (Coastal Erosion Hazard Area Coordinator - Permitting) 8of14 Approved 7/2005 ENGINEERING SiTE EVALUATION DSR No: D&R S-TSH-01 ' Completed by:, REY Date: 04~08/2013 Name Section 3A Locate and mark ~ beginning and end of the project roach at stable banks. See ~ maps. Lenglh of project reach: See attenbed en~tham~~dlm'''~m How will the bank stat~lizalion be keyed back into the stable bank sec~ons? N/A //~c/ude thb/engthi~ ~e total. Locate a benchmmk end grade control Def~ermine the average slope of the reach, Sen ~ eoginesdn~ esllmate. Determine the typical cross section upstream and down, See ~ e~theedr~ Dd, en~ine the beigM of the Iow bank and the height of stmc~ral proven needed, See ~ en~iaesdn~ Lod(for oppo~unif~ b3 use vegeto~en rather than stomlural measures. N/A Idenli~y if a sill/weir is required in the chennel to stabilize the chenenl bottom. N/A How many sills/~eirs am required? N/A What depth of key is required in the toe of the slope? 3' [] Detel, mine if a plunge poot is requirnd. Size the plunge pool W: N/A Whal spacing? N/A L: N/A D: .N/A Determine fhe slope of the bank needed in the profected area. See attached e.~g es~nate. Determine if 9eotextile fabric is needed behind the s~ctum. Yes. Determine estimated quantifies of excavation, fill, c~ea'ing, a~d deb~ removal for section B. See a~tached englneming es~mate. Determine the nseded pellutJon control and dewataing practicen. Sediment Conbots nseded; Dewate~g nct required. Determine the need tcr traffic control or road closure. N~e Make a plan view sketch that includes the following: The alignment of the stmambenk to be repaired end the prctestod sln~cture, See a~ enginesring es~. The exi$1thg sb'eam thalweg, north, the bench mark, and apparent lendewnem. Identify items not te be dtstu~ed du~ng conslruction (e.g., lines, mailboxes, etc.). Identify de~s to be remo~cl. Identify spoil/staging area. Identify cons~u~on limits and access. Take end label pho{ographs. See pl~ in ~a~bed enginea~ ~ DSR-S-TSH-01 NO: Completed By: Section 3 Engineering Cost F. stimate REY Dat~: 04/08/2013 This section must be completed by each alternative considered (attach additional sheets as neeessary). Proposed Recover7 Mossum QuantiW Units Unit Cost ($) Amount ($) (including mitigation) Terry Farm (Dike) 540 cy $35,00 $18,900,00 Ten'y Farm (T'~e Gate) 1 each $8,000.00 $8,000.00 Latham Farms 18,000 cy $35.00 $830,000.00 Driftwood Farms 13,440 cy $85.0O $470,400.00 Wickham Fruit Farms 14,400 cy $35.00 $504,0O0.00 Salt Air Farms 5,600 cy $85.00 $186,000.00 Mobilization 5 each $5,000.00 $25,000,00 $o.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Installation Cost (Enter in Secti.on IF)$ 1,852,300.~1~ Unit Abbreviations: AC Acm CY Cubic Yard EA Each HR Hour LF Linear Feet LS Lump Sum SF Square Feet SY Square Yard TN Ton Other ($ pox:iffy) 9eof14 Approved 7~Z005 DSR-S-TSH-01 DSR NO: Section 4 NRCS EWI' Funding Priority Complete the following aection to compute the funding priority for the recovery measures in this application (soo inshuctions on page 14). priority Ranking Criteria ' Yes No Ranking Number Plus Modifor l. Is tMs an exlseney s~illatlon, i~J i~:~,,~ ............ .~ 2. Is this a site where there is sefioes~ but not immediate threat to human life? 3. Is this a site where buildings, utilities, or other important infrest~uctem 4. la this site a funding priority established by the NRCS Chief? The fo]lowing ere modifiers for the above criteria , .... Modifier a. Will the proposed action or alternatives protcot or conserve federally-listed thr~tened and emlan~ species or critical habitat? ~a b. Will the pmpnsed action or altumatives protect or conserve cultural sites '~$~e~:~?~ 9~ listed on the National Register of Historic Places? c. Will the proposed action or altemmives protect or conserve prim or ~ d. Will the proposed action or akemafives protect or conserve existing qualityo* Will thOconditions?propns~d action or alternatives maintain or improve current water ~;.~)~s~? ~ ~?: ,~,. ~'~ - ~' Y~ f. Will the proposed aotion or alternatives protect or cons©r~e unique habitat, ~ ~. ;~.~--.,u?-~: including but not limited to, arose inhabited by State-listed apcoiea, fish and ..... wildlife mana$~nent ures~ or State ideatificd sensitive habitats? Enter priority computation in S~ction lA, NRCS Entry, Funding priority number. 4C, 4E Remarks: DSR NO: DSR-S-TSH-01 Section SA Findings Finding: · . indicate the preferred alterna~ve from :~efion 2 (Enter to Sec~on 1E): Fabflc Reinforced Embankment. Sand will be used inside the fabflc for fill media. 1 ttave considered the e~ct~ of the action and the alternatives on the Environ~nemal Economic, 8ocial; Concerns; and the extraor&'nary circumstances (40 CFR 1508.27). the ~'pecial F4tvironmental l find for the reaxor~ stated below, that the preferred alternative: I-/aa bean suf~iantly analyzed in tho EWP PEIS (rcfamno~ all that apply) Chapter Chapter Chapter, Chapter _. May r~qmr~ the pmparaUon of an e~vtronmental a.ss~stncnt or envtmnmcn~al impa~t s~t~aent. The action will be te f~r~l to rite NRCS State Office on this datc: NRCS representative of the DSR team: Section 5B Comments: Section SC Sponsor Concurrence: Sponsor Rep~ntailve ~ -Title. ~ ot~9 ~ " ~"'~"~/~ .. c' t'" "~ Date: S~on 6 A~hmen~: B. E~h~Hng ~lays/s a, L~imd~ ~d Lo~ b. ~rD~ions ~d VoI~ c. Indi~d~ Re~ ~ d. ~p~e~ Phis 11of 14 ,~4~pro~ 7/2005 National Wetlands ENGINEERING ESTIMATE FOR COASTAL DIKE REPAIR FROM SUPER STORM SANDY New Suffolk, NY & Orient NY Salt Air Farm: Latitude N 40°59'53.17'' Longitude W 72°28'57.67"; Length-480', 7' height, 10' top width, 5:1 slopes; 5,600 cy. repair material; Estimated total repair cost $196,000. Wickham Fruit Farm: Latitude N41°06'24.42'' Longitude W72°28'42.07"; Length- 1200', 7' height, 10' top width, 5:1 slopes; 14,400 c¥. repair material; Estimated total repair cost $504,000. Driftwood Farms, LLC: Latitude N41°08'31.49'' longitude W72°15'25.:L8"; Length- 1120', 7' height, :LO' top width, 5:1 slopes; :L3,440 cy. repair material; Estimated total repair cost $470,400. Latham Farms: Latitude N41°08':LT.47'' Longitude W72°16'37.02"; Length-650', :L4' height, 10' top width, 3::L slopes; 18,000 cy. repair material; Estimated total repair cost $630,000. Terry Farms: Latitude N4:L°08'29.51'' Longitude 72°16'11.14"; Length-50', 7' height, 10' top width, 5:1 slopes; 540 cy. repair material and replace a tide gate and inlet pipe (36' estimate); Flap gate $5,000; 100' 36" Pipe $3,000; Estimated total repair cost $26,900. Mobilization Costs: Estimate $25,000. The following .pictures are representative of all locations. The dike characteristics are similar in all locations. Salt-Air Farm Dike Bay Side Salt Air Farm Dike Top Salt Air Farm Dike Land Side Salt Air Dike Bay Side Salt Air Dike Bay Side Salt Air Dike Bay Side Salt Air Dike Material Salt Air Field Drainage Salt Air Fields Salt Air Tide Gate ATI~ACI-IM~NT B GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS 2011 APPLICABLE REGULATIONS mo The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as applicable. (The full text &Code of Federal Regulations references may be found at htto://www.access.~oo.~ov/nara/cfr/cfr-table-search.htm l#oa~el.) ( I )7 CFR Section 3015.205, "General Provisions for Grants and Cooperative Agreements with Institutions &Higher Education, Other Nonprofit Organizations, and Hospitals" (2) 7 CFR Part 3016, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (3) 7 CFR Part 3017, "Governmantwide Debarment and Suspension (Nonprocurement)" (4) 7 CFR Part 3018, "New Restri~ions on Lobbying" (5) 7 CFR Part 3019, "Uniform Administrative Requirements for Grant and Other Agreements with Institutions of Higher Education, Hospitals, and Nonprofit Organizations" (6) 7 CFR Part 3021, "Governmantwide Requirements for Drug-Free Workplace (Financial Assistance)" (7) 7 CFR Part 3052, "Audits of States, Local Governmants, and Nonprofit Organizations" (8) 2 CFR Part 215, "Uniform Administrative Requiremants for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" (9) Office of Management and Budget (OMB) Circular No. A- 102, "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments" (including Indian Tribal governments) (10) 2 CFR Part 25, "Universal Identifier and Central Contractor Registration" ( 11 ) 2 CFR Part 170 "Reporting Subaward and Executive Compensation Information" b. The recipient, and recipients of any subawards under this award, assures and certifies that it will comply with the following regulations, as applicable. (The full text of Code of Federal Regulations references may be found at htto://www.access.~mo.~tov/nara/cfr/cfi--ta~le- search.h~m l#oa~el.) (1) 7 CFR Part 3017, "Govemmentwide Debarment and Suspension (Nonprocuremcnt)" (2) 7 CFR Part 3018, "New Restrictions on Lobbying' (3) 7 CFR Part 3021, "Governmantwide Requirements for Drag-Free Workplace (Financial Assistance)" (4) 7 CFR Part 3052, "Audits of States, Local Govemmants, and Nonprofit Organizations" (5) PublicLaw 109-282,"FederaIFandingAccoantabilityandTransparencyAetof 2006" (6) 2 CFR Section 175, "Award Term for Trafficking in Persons" Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference (the full text of Code of Federal Regulations references may be found at httn://www.access.nno.gov/n~r0dgfr/cfr-mble-search.htm I g~anel ): (1) 2 CFR Part 220, "Cost Principles for Institutions of Higher Education" (2) 2 CFR Part 225, "Cost Principles for State and Local Governments (Including Certain indian Tribal Governments)" (3) 2 CFR Pan 230, "Cost Principles for Nonprofit Organizations" (4) 48 CFR Part 31, "Contract Cost Principles and Procedures" 11. UNALLOWABLE COSTS The following costs are not allowed: a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including uny no-cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d. Compensation for injuries to persons or damage to property arising fi.om project activities This list is not exhaustive. Questions about thc allowability of particular items of costs should be directed to the NRCS administrative contact identified in the award. IlL CONFIDENTIALITY Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and lundowner issues. The term "confidential information" means proprietary information or data of a personal nature about un individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent of NRCS. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural resources conservation programs in accordance with section 1244 of Title Il of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171 ). IV. PRIOR APPROVAL REQUIREMENTS The following are the most common situations requiring prior approval. However, the recipient is also bound by any other prior approval requirements of the applicable administrative provisions and Federal cost principles. Purpose or Deliverables.--Whan it is necessary for the recipient to modify the purpose or deliverables, the recipient must submit a written request and justification for the change along with the revised purpose or deliverables of the award to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2. Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised purpose or deliverables 4. Signatures of the authorized representative, project director, or both b. Subcontractual Arrangemant.--The recipient must submit a justification for the proposed subcontractual arrangements, a statement of work to be performed, und a detailed budget for the subcontract to the NRCS administrative contact. Subcontractual arrangements disclosed in the application do not require additional postaward approval. c. Absence or Change in Project Leadership.--When a project director or the person responsible for the direction or management of the project-- Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction in time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be in charge during the project director's absence. The notification must include the qualifications and the signature of the replacement, signifying his or her willingness to serve on the project. Severs his or her affiliation with the grantee, the grantee's options include-- i. Replacing the project director. The grantee must request written approval of the replacement from the NRCS administrative contact and must include the qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii. Subcontracting to the former project director's new organization. The grantee must request approval from the administrative contact to replace the project manager and retain the award, and to subcontract to the former project director's new organization certain portions of the project to be completed by the former project director. iii. Relinquishing the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is leaving and a summary of progress to date. A final Standard Form (SF) 425 reflecting the total mount of funds spent by the recipient must be at~ached to the le~aer. Transfers the award to his or her new organization, the authorized organization's representative at the new organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the amount of funds to be transferred is known: i. The forms and certifications included in the application package ii. A project summary and work statement covering the work to be completed under the project (deliverables and objectives must be the same as those outlined in the approved proposal) iii. An updated qualifications statement for the project director showing his o~ her new organizational affiliation iv. Any cost-sharing requirements under the original award transfer to the new institution; therefore, cost-sharing information must be included in the proposal from the new organization Note: The transfer of an award from one organization to another can take up to 90 days to accomplish, which may result in a delay in the project director resuming the project at the new organization. d. Budget Revisions.--Budget revisions will be in accordance with 7 CFR Section 3015.115. No-Cost Extensions of Time.--When a no-coat extension of time is required, the recipient must submit a written request to the NRCS administrative contact no later than 30 days before the expiration date of the award. The request must contain the following: · The length of additional time required to complete the project and a justification for the extension · A summary ofprograss to date VI. · An estimate of funds expected to remain unobligatad on the scheduled expiration date · A projected timetable to complete the portions oftbe project for which the extension is being requested · Signature of the grantee and the project director · A status of cost sharing to date (if applicable) Note: An extension will not exceed 12 months. Only in exceptional cases will more than one extension be granted. Requests for no-cost extensions received atter the expiration of the award will not be granted. PAYMENTS Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties) on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the submission ora properly executed form SF-270. The SF-270 must cite the agreement number, remittance address, and billing period. The SF-270 must be sent to the NRCS program contact at the address identified in block 7 of the Notice of Grant/Agreement Award. b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant to procedures contained in the Federal administrative provisions and 31 CFR Part 205. Thc method of payment between thc recipient and its contractors will be in accordance with the policies and procedures established by the recipient except that the contractors may not use the USDA Office of Financial Management/National Finance Center method to request payments. If the grantee makes advance payments to contractors, the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the advance payment and the disbursement of funds. Payment requests from thc grantee's contractors will not be sent to NRCS for review or approval. Accounting records for all costs incurred under this award must be supported by source documentation. Such documentation includes, but is not limited to, canceled checks, paid hills, payroll records, and subcontract award documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the approved project period of this award, including any approved no-cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the approved project period and budget may be disallowed and may result in award funds being returned to the Federal Government by the recipient. FINANCIAL REPORTING Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following schedule (recipients may download the applicable form at http://www, forms.gev): Ouarterlv Schedule October I to December 31 January 1 to March 31 April I to June 30 July I to September 30 Report Due Date January 31 April 30 July 30 October 30 Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above schedule may result in suspension or termination of award. b. A final Report must be submitted no later than 90 days after the completion of the award. For final FFRs, reporting end date must be the end date of the project or agreement period. The reports should be submitted to the NRCS administrative contact identified in award notifications. VII. PERFORMANCE MONITORING AND REPORTING The recipient is responsible for monitoring day-to-day performance and for reporting to NRCS. If the project involves subcontractual arrangements, the recipient is also responsible for monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met. b. Every 6 months the recipient must submit a written progress report. Each report must A comparison of actual accomplishments with the goals and objectives established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output. 2. The reasons why goals and objectives were not met, if appropriate. 3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit cost. c. The recipient must submit a final performance report within 90 days after completion of projecL VIII. SPECIAL PROVISIONS IX. a. The recipient assures and certifies that it will comply with the minimum-wage and maximum- hour provisions of the Federal Fair Labor Standards Act. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in efforts regarding such parties until approved by the agency. c, Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER Allocation of rights of patents, inventions, and copyrights must be in accordance with 7 CFR Section 3019.36. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support. b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses it in writing to contractor Xo personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) mast be made in writing to: Aequistions Division Grants and Agreements Team 1400 Independence Avenue, SW. Room 5221 South Building Washington, DC 20250 USDA receives a royalty-free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially based upon or developed under this award: "This material is based upon work supported by the Natural Resources Conservation Service, U.S. Department of Agriculture, under number [recipient should enter the applicable award number here]." In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must include the following statement: "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Agriculture." The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded b3~ this award. COST-SHARING REQUIREMENTS If the award has specific cost-sharing requirements, the cost-sharing participation in other projects may not be counted toward meeting the specific cost-share requirement of this award, and must come from non-Federal sources unless otherwise stated in the applicable program announcement. Should the recipient become aware that it may be unable to provide the cost-sharing amount identified in this award, it must-- 1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost sharing. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost sharing revisions are made on a case-by-case basis. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided under the award, and possible termination of the award, and may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. e~ The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well records of costs to be paid by NRCS. If the recipient's cost participation includes in-kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented. Xl. PROGRAM INCOME Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own policies. General program income earned under this award during the period of NRCS support must be added to total project funds and used to further the purpose and scope of this award or the legislation under which this award is made. XII. NONEXPENDABLE EQUIPMENT Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to purchase only American-made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When equipment is no longer needed by the recipient and the per-anit fair market value is less than $5,000, the recipient may retain, sell, or dispose of the equipment with no fiu'ther obligation to NRCS. However, if the per-unit fair market value is $5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition instructions. XIII. LIMIT OF FEDERAL LIABILITY The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by NRCS. However, in the event that an erroneous amount is stated on the approved budget, or any supporting document relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment in the NRCS share of the award to align with the Federal amount authorized. XIV. MODIFICATIONS AND TERMINATIONS NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the recipient and NRCS. The award is subject to termination ifNRCS determines that the recipient has failed to comply with the terms and conditions of the award, In the event that the award is terminated, the financial obligations of the parties will be those set forth in 7 CFR Part 3015, Subpart N. XV. AWARD CLOSEOUT Award closeout is the process by which NRCS determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed. ATTACHMENT C GENERIC OPERATIONS AND MAINTENANCE PLAN OPERATION AND MAINTENANCE PLAN EXAMPLE The sponsor(s) are responsible for maintaining all measures installed under the Emergency Watershed Protection (EWP) Program. Most measures such as rock flumes and checks, earth fill, and vegetation require only minimal maintenance. The maintenance requirements are obvious and no special documentation of the maintenance is needed. Measures that are considered permanent structures and those that require regular maintenance to insure that proper functioning must have an Operation and Maintenance lO&M) Plan. Examples of structures requiring an O&M Plan are riprap streambank protection; pipe drop structures; gabion drop structures or retaining walls; important concrete structures; other measures that may be critical for public safety. An O&M Plan may be prepared for a single site or a group of sites. The plan should state who is responsible for operation and maintenance activities (generally the sponsor). It should state the specific activities that must be performed to keep the measures in good condition and functioning properly. Usually an estimate of the annual cost of O&M activities is included. The O&M Plan should outline the timing and frequency of required inspections. The O&M Plan should be prepared by the engineer who designs the EWP measure. An example O&M Plan follows and should be included as Attachment C to the Project Agreement. ATTACHMENT C OPERATION AND MAINTENANCE PLAN EMERGENCY WATERSHED PROTECTION SITE: Operation The Sponsor(s) is responsible for the operation and maintenance (O&M) for this project. Operation includes the administration, management, and performing of non-maintenance actions needed to keep a completed practice safe and functioning as planned for the life span of the practice. I1. Maintenance The Sponsor(s) shall be responsible for promptly performing or have performed maintenance determined by either the Sponsor(s) or the NRCS. Maintenance includes performance of work and providing the materials to prevent the deterioration of practices and/or repair damage to, or replacement of, the practice if one or more of its components fail. This includes both routine and recurring needs in a timely manner. Damages to completed practices caused by normal deterioration, drought, flooding caused by rainfall in excess of design rainfall, or vandalism are considered to be maintenance. Maintenance may include replacing displaced rocks, re-chinking, removing gravel and debris, filling undercut areas, repair of eroded banks, and vegetative treatment. It is anticipated that the following items of maintenance, repair, or replacement will be needed during the effective life of the practice. 1. Vegetation a. Reshape as necessary and either reseed or resod, and fertilize areas of poor stand, including those areas damaged by erosion, freezing, or drought. b. Fertilize vegetation as required to maintain a vigorous stand. c. Mow grass at regular intervals to maintain optimum cover. d. Spray or cut undesirable brush. Maintain desired brush. Cuttings for propagation on other sites are allowed with NRCS prior approval. 2. Structures a. Remove and properly dispose of logs, trees and debris impacting flows. b. Maintain diversions. Reshape areas to eliminate depressions and rills caused by concentrated runoff. c. Repair structures; streambanks; reshape and repair rock basins and rock flumes as needed, to keep functional. Add rock as needed. The estimated average annual cost of providing the necessary maintenance for this site is $ . Funds to finance this cost will be provided by the Sponsor. Ill. Inspection As part of the Operation and Maintenance duties, the Sponsor is responsible for making the necessary inspections. If a problem is encountered, the Sponsor is encouraged to contact the Natural Resource Conservation Service (NRCS) representative to assist in developing a solution. The Sponsor shall not make any changes to, or within proximity of, the practice that will alter the original designed function without prior approval of NRCS. The Sponsor shall notify NRCS of any work to be done in a timely manner. Inspections shall be performed on an annual basis before May 15 and also after major storm events. Inspection shall include but is not limited to: 1, Condition of the rock: a. check all rocks for accelerated weathering and displacement including chinking 2. Condition of the channel bed and banks: a. streambed scour at the toe rock or erosion of adjacent banks b. failure of adjacent structures c. gravel or debris build-up in the vicinity of the practice d. soil settlement or ground cracks in the vicinity of the practice e. presence of burrows due to animals f. damage due to vandalism, vehicles, livestock, etc. Condition of the vegetation: a. health/vigor of vegetation used as/in conjunction with the practice b. bio-engineering/planting techniques during the establishment period A written report will be made of each inspection. If it is determined during the inspection, that the items above could affect the functioning of the site, corrective action and repairs will be made immediately in order to reduce the possibility of further damage and/or failure. A follow-up report will be provided when all corrective action has been accomplished. IV. Land Ri.qhts Project Sponsors must have or obtain land rights adequate for carrying out their O&M responsibilities. ATTACHMENT D 7 CFR 624 - EMERGENCY WATERSHED PROTECTION PROGRAM 16921 Rules and Regulations Federat Register Vol. 70, No. 63 Monday, April 4. 2005 This section of the FEOERAL REGISTER contains regulates/documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is pubrished under 50 titiea pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Natural Resources Conservation 7 CFR Part 624 Emergency Watershed Protection Program AGENCY: Natur~ Resom'cea Conservatiou Service, USDA. AC~IO#: Final rule. SUI~tARY: The United States Departmeni of Agriculture [USDA) Natural Resources Conservation Service (NRCS) is isanJng a final rule for the Emergency Watershed Protection (BWP} Program to improve the effectiveness of its response to natural disasters. This final rule establishes the process by which NRCS will administer the EWP Program, responds to comments on the proposed rule received from the public during the 60-day comment period, and incorporates modifications and clarifications to improve implementation of the program. OATES: Effective Dote: May 4, 2005. ADDRESSES: This final rule may be accessed via the Interest. Users can access the Naatral Resources Conservation Service (NRCS) homepage at http://www, m'cs. usda.gov/progroms/ awpA Select the EWP rale link listed on the EWP program page. FOR FURTHER INFORMATION CONTACT: Victor Cole, {202) 690-0793, fax (202) 720-4265, victor, colo~usdo.gov, Financial Assistance Programs Division, Natural Resources Conservation Service, ?.O. Box 2890, Washington, DC 20013- 2890 or for information regarding EWP floodplain easements, contact Leslie Deavers (202) 720-1062, fax (2021 720- 6697, leslie,deovers~usdo.~ov, Easement Programs Division, Natural Resources Conservation Service, P.O. Box 2890, Washington, DC 20013-2890. For information regarding administration of the EWP program by the United States Department of Agriculture Forest Service, contact Meredith Webster, (202) 205-0804, fax (202) 205-1096, mmwebstar@fs.fed.us, USDA Forest Service, 201 14th Street SW. 3 South Yatas Bnilding, Mai] Stop 1121, Washington, DC 20024 SUPPLEMENTARY INFORMATION: Background The Secretary of Agriculture cooperates with other Federal, State, and local agencies in the recovery from natural disasters such as hm-ticanes, toruadoes, fires, drought, and floods through implementation of the EWP Program [authorized by Section 216 of the Flood Control Act of 1950, Public Law 81-516, 33 U.S.C. 701b-1; and Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334. as amended by Section 382, of the Federal Agrlculture Improvement and Reform Act of 1996, Public Law 104-127, 16 U.S.C. 2203). EWP, through local sponsors, provides emergency measures for run-offretardation and erosion control to areas where a sudden impairment of a watershed threatens life or proper .iy. The Secretary of Agriculiure has delegated the adminlstratinn of EWP to the Chief of NRCS on state, tribal, and private lands, and Chief of USDA Forest Service (FS) on National Forest System lands, including any other [ands that are administered under a formal agreement with the FS. The FS administers the EWP Program in accordance with Forest Service Manuals 1950 and 3540, and the Forest Service Handbook 1909.15. This rule only provides direction io the NRCS on administering the EWP Program. Executive Order 12866 The Office of Management and Budget (OMB) has determined that this final rule is a "significant action" for the purposes of Executive Order 12866. Pursuant to Section 6{a)(3) of Executive Order 12866, NRCS has coaducted an economic analysis of the potential impacts associated with this final rule as compared to the existing program. The economic analysis concluded that changes to the program implemented by this rule may save up to $1.4 million each year. These changes include: Setting EWP priorities, pro-disaster readiness, limiting repairs to 2 times in 10 years, and discontinuing the practice of providing EWP funds on Federal lands. However. some of this expected reduction may be offset by incxeased cost-share for limited resource counties and the use of EWP in the repair of conservation practices on agrlcuhural lauds. A copy of this cost-benefit analysis is available upon request from tho address listed above. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this nde because neither the Secretary. of Agriculture nor NRCS are required by 5 U.S.C 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Environmental Evaluation A Programmatic Environmental Impact Statement {PEIS) and Record of Decision {ROD) were prepared as a par[ of this rulemaklng. NRCS considered both the comments received on the draft PEIS and the proposed rule in formulation of the final regulation. Copies of the final PE1S and ROD may be obtained finm the Financial Assistance Programs Division, Natural Rasotrrces Conservation Service, USDA, P.O. Box 2890, Washington, DC 20013- 2890. The final PEIS and ROD may be accessed via the Interuet. Users can access the NRCS homepege at http:// www. nrcs. usda.gov/programs/ewp/, Select the PEIS link listed on the EWP program page. Paperwork Reduction Act This final rule will not alter the collection of information previously approved by the Office of Management and Budget and assigned number 0578- 0030. Government Paperwork Elimination Act NRCS is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting informat/on or transacting business electronically to the maximum extent possible. To better commodore public access, NRCS ia proposing to develop an online application and information system for public use. 16922 Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Rules and Regulations Executive Order 13132 This final rule has been reviewed in accordance with requirements of Executive Order 13132, Federalism. NRCS has determined that the rule conforms to the Federalism principles set forth in the Executive Order; would not impose any compliance cost on the States; and would not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and reapousibi]itiea on the various levels of government. Executive Order 12998 This final rule has been reviewed in accordance with Executive Order 12998. The provisions of th/s rule are not retroactive. Furthermore, the provisions of this final rule pre-empt State and local laws to the extent that such laws are incons/stant with this final nde. Before an action may be brought in a Federal court of competent jurisdlctinn, the administrative appeal rights afforded persons at 7 CFR parts 614 and 11 must be exhausted. For EWP recovery measures, an individeal landowner is not an EWP participant nor is the legal substantive status of land affected by an NRCS decision regarding the eligibility of a measure for EWP assistance. Therefore, an individual landowner is not entitled to appeal an EWP recovery measure determination under 7 CFR parts 614 end 11. Executive Order 13175 NRCS has taken measures to ensure tribal officials are aware of the EWP Program and are provided opportunities to receive assistance in compliance with the Executive Order. NRCS established field offices within some reservations and tribal liaison staff to promote outreach and coordination with tribal officials. The result of this effort has been increased participation in the EWP Program by tribes. Additionally, NRCS has included a waiver provision in this regulation which complies with the flexibility requirement of the Executive Order. Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) This regulation is not a major rule under 5 U.S.C. 801 et. seq. the Small Business Regulatory Enforcement Fairness Act: (a) This regulation would not produce an annual economic effect of $100 millinn. The changes to the program ate expected to yield cost savings of up to $1.4 million per year. (b) This regulation would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local govermnent agencies, or geographic regions. (c) This regulation would not have a significant adverse effect on competition, employment, investmant, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-hosed enterprises. Unfunded Mandates Reform Act of 1995 Pursuant to Title 11 of the Unfimded Mandates Reform Act of 1995. Public Law 104-4, NRCS assessed the effects of this final rule on State, local, and tribal governments, and the public. This action does not compel the expenditure of $100 million or more by any State, local, or tribal government, or tha private sector; therefore, a statement under Section 202 of the Unfunded Mandates Reform Act of 1995 is not required. (h, ervim~, Tbs EWP Program helps remove threats to life and property that remain in the nation's watersheds in the aftermath of natural disasters including. but is not limltnd to, floods, fires, windstorms, ice storms, hurricanes, typhoons, tornadoes, earthquakes, volcanic actions, slides, and drought. The EWP Program is administered by N'RCS, on state, tribal, and private lands by providing technical and financial assistance to local spunsoHng authorities to preserve life and property threatened by disaster for runoff retardation and soil-arosian prevention. Funding is typically provided through Congressional emergency supplemoetal appropriations. Threats that the EWP Program addresses are termed watershed impairments. These include, but are not limited to, debris-clogged stream channels, undermined and practices, limit repeated site repairs, allow additional easement purchases, address environmental jnstice issues, and limit troehnents on federal lands, in this rulemaklng, NRCS has incorporated changes in program admin/stralion and in project execution dealing with traditional watershed impairments. This final rule expands the program by providing for removal of sediment in the floodplain end repair of damaged structural conservation practices to the list of watershed impairments for which EWP Program funds may be used. Additionally, the regulatory changes include: Allowing for up to 9O percent cost-share far limited resource areas; limit repair to twice in a ten year period; eliminate the single beneficiary requirement; pnrcbese of easements on non-agricultural lands; establish one easement category; and funding projects on Federal lands only when anch funding is not an inappropriate funding augmentation of the land management agency appropriations. Program delivery improvements contained in this final rule are designed to enable NRCS field and state office personnel to provide EWP assistance more effectively and efficiently. NRCS believes that these improvements will more fully, equitably, and consistently meet the needs of people requiring emergency assistance. Program improvements are designed to address environmental, economic, and social concerns and values. The changes adopted in this final rule were identified, discussed~ and refined in an ongoing comprehensive program review that NRCS initiated and then issued in the proposed rule. The process included extensive opportunities for public participation and identified substantive ways to improve the environmental, economic, social~ and technical soundness of program activities. In response to the proposed unstable streambanks, jeopardized water rulemaking, seven separate responses control structuras and public infrastructure, wind-borne debris removal, and damaged upland sites stripped of protective vegetation by fire or drought. If these watershed impairments ara not addressed, they would pose a serious threat of iniury, loss of life, or devastating property damage should a anbsequent event On November 19, 2003 (Federal Register Vol. 68, No. 223 pages 65202- 65210) NRCS initiated rulemaking by publishing a proposed rule with request for comments to modify the existing regulation at ? CFR part 624 to make programmatic changes that allow the repaLr of enduring conservation from the public containing about 25 specific comments were received during the 60-dey comment period: 1 response from an individual, 2 from conservation districts and related groups, and 4 from State agendas. Additional responses were received from a Federal agency and NRCS employees; their comments are not included in the following analysis of public comments. These responses were treated ss inter and intra-agency comments and considered in the drafting of the final rule along with the public comments where appropriate. All comments received are available for review in Room 6019, South Agriculture Building, 14th and Federal Register / Vol. 70, No. 03 / Monday, April 4, 2005 / Rules and Regulations 16923 Independence Ave., SW., Washington, DC, during regular business hours [8 a.m. to 5 p.m.) Monday through Friday. Analysis of Public Comment Overall, the comments received were favorable end supported the proposed chenges to the EWP Program. Some commentors offered suggestions for improving or clarifying specific sections of the proposed rule which resulted in the agency making changes to the proposed nile as identified in the section-by-section discussion of comments. The comments focused on a wide variety of issues in the proposed rnle. Editorial and other language elatification chenges were suggested; these comments are nat included in the following analysis bul all were considered and many of the minor tec~nlcel chenges were included in the final rnle. For the sections not listed in this preamble, the agency, has adopted the language described in the proposed rule with tim exception of non- substantive editorial and other lenguage clarifications. Several comments wore related to funding end suggested that the EWP Program should be funded as a line item in NRCS' fiscal year appropriations since there is sometimes a siguificent delay from the date of the natural disaster until funding is provided. Funding for the EWP Program is typically provided through emergency supplemental appropriations and it would require Congressional action to include EWP funding as a llne item. S~cfion-By*Section Discussion of Comments Received on the Proposed Rule Provisions Section 624.4 (b) Exigency. Several comments were received supporting the clarification of the term "exigency" and ellmination of the term "non-exigency". NRCS acknowledges this support and consequently is adopting the proposed language without changes. The chenges were proposed because the agency had previously encountered various cases where the term "exigency" was applied too liberally end implemented for purposes for which it was not intended. Interpretations of the terms "exigency" end "non-exigency" varied widely within NRCS. NRCS's intent when establishing these two categories (exigency and non-exigency) in the previous rnlemaking {46 FR 65677, Nov. 17. 1981) was to allow N'RCS to respond quickly to only those situations that needed immediate attention. In addition, the previous regulation tied cost-sharing to this designation, although NRCS bas not applied the higher cost-sharing rate, originally set for exigencies, for the past 11 years. Instead, NRCS has applied a single cost- share rate of 75 percent to exigent situations. However, NRCS recognizes there may be unique situations that require a waiver from this cost-sharing rate. The agency added Section 624.11 Waivers which allows the NRCS Deputy Chief for Programs to waive any provision of these regnlatiuas to the extent allowed by law. An example may include allowing up to 100 percent cost- sharing for a limited resource area. Based upon past experience, NRCS reconsidered the 5-day exigency time frazne and has lengthened the time frame to accomplish exigency measures from 5 days to 10 days. This additional time will aid sponsors in their effort to secure their cost-share. Additional]y, meny EWP exigency situations involve permitting or other legal requirements resulting in additional time. The additional five days should provide time for the sponsors to secure necessary "emergency" permits end for NRCS end sponsors to comply with eny appliceb]e Federal law or ragulation. Section 624.0{h){2)(i). Two comments were received that express support for fimiting of repair of the same site to only twice within a ten year period in order to avoid repetitive Federal funding, which could in turn perpetuate activities that are not best suited for the areas prone to impacts from natural disasters. Two comments also expressed concern regarding whether the ]imitation was applicable to the removal of debris within the same site. Consequently, NRCS has modified the language to reflect that the limitation refers to structural measures only. NRCS recognizes that in most areas of the country there is no practical means to effectively prevent debris from entering and accumulating in the watershed as a result of repetitive natiu'al disasters. Therefore, NRCS does not intend to limit the number of times debris con be removed within the same location due to a natural or constructed (e.g., road crossing) restriction within a waterway. Rather, NRCS would limit repairs under EWP to twice within a 10-year period for the same cause (i.e., flooding} at the same site for structural measures. If structural measures have been installed/ repaired or protected twice with EWP assistence end less than 10 years has elapsed between the disaster that triggered the first repair and the disaster triggering a third repair, the only option available under EWP would be to place a floodplain easement on the damaged site~ For example, if a home was protected from destruction twice using EWP assistance for two separate events, regardless of the structural measure used to protect the home or the location along the waterway of the protection efforts, EWP funds would not be available for a third protection effort of the home within the 10-year period for the same cause. For repairs of dikes, levees, berms, and similar structures, because these structures can run contiguously for miles, a specific location on a structure is considered one EWP site to determine whether futr~re impacts to this site on the structure are eligible for EWP funds. Thus, repairs can be made repetitively so long as the same location is not repetitively repaired more then twice within 10 years. Section 624.6(b}{2}(iv}. Two comments were received thst supported the lengange change to clarify that NRGS can only provide EWP assistance on Federal lands in situations where safeguards are followed to ovoid inappropriate augmentation of appropriations, therefore. NRGS is adopting the proposal without chenges. One comment recommended that exigency situations should be funded on Federal lands. NRGS and the FS have been delegated tbs authority to administer the F. Wp program. NRGS administers the program on state, tribal, and private lands while the FS administers the program on National Forest System lands, including lends under en official management agreement with the FS. NRGS is the lead USDA agency, responsible for developing EWP regulations and policy for both agencies and through a 1998 Memorandum of Understending with the FS, NRGS also menages the funding for both agencies. However. recent Gongressionai appropriations have designated the funding for NRGS. which does not authorize NRGS to transfer banding to the FS for EWP measures on lands it menages. The existing lenguage of 7 CFR 624.4 lenguage was chenged to reflect that NRGS will trensfer funding to the FS only when it is appropriate e.g., when the EWP funding is provided to the Secretary of ^gricnlture with discretion to provide the funding to both agencies. For Federal lands, it is the Federal lend menagement department or agency that is responsible for securing funding to undertake emergency repair activities within lands under its control. In response to the commontor that recommended that exigency situations should be funded on Federal lends, the FS is responsible for determining whether exigency situations exist on 16924 Federal Register/Vol. ?0, No. 63/Monday, April 4, 2005/Ruins and Regulations lands it manages in accordance with regnlalions and policy established by NRCS. Funding EWP activities on Federal lands other than those under FS management may be an inappropriate augmentation of another Federal agency's budget. If USDA is Congressionally authorized, funding EWP activities on Federal lands may be appropriate. NRCS has adopted, without changes, the proposal defined in section 624.6(b)(2)(iv) which limits the use of EWP funding on Federal lands except when authorized by Congress or adequate safeguards are followed. Section 624.6(b)[3}. Several comments were received that supported including eligibility for structural, enduring, and long-life conservation practices. Additionally, several comments expressed concern that the program should not overlap with Emergency Conservation Program (ECP} administered by the Farm Service Agency (FSA). As stated in the preamble of the proposed nde, NRCS does not intend to overlap the EWP program with ECP. EWP assistance would only be applicable when the emergency measures are not eligthle for assistance under ECP. EWP differs significantly from ECP because a sponsor is required for EWP recovery work; EWP recovery assistance does not provide financial assistance direcily to individuals but rather to eligible sponsors. NRCS can provide EWP assistance toward upgrading damaged or undersized practices for structural, enduring, and long-life conservation practices when technology advances or construction techniques warrant. Such modifications will be cost shared in accordance with Section 624.7. All structural, enduring, and long-life conservation practices for which the sponsor is required to obtain a permit issued by a Federal, State, or local entity shall be designed and installed to meet the permit requirements or b/RCS standards, whichever is greater. If a structure has to be upgraded to meet federal permitting or other requirements, such modifications will be coat shared in accordance with Section 624.7 NRCS has adopted the proposal for structural, enduring, and long-life conservation practices and has modified the language in the final rule to clarify that EWP assistance is not available when ECP is applicable. Section 624.6(c). Several comments were received that supported expansion of eligible work to include assistance for areas impacted that are beyond the immediate ama of the waterway. NRCS acknowledges this support and recognizes that agricultural productivity, public health and safety. and the environment are often threatened in the aftermath of disasters that occur outside the immediate limits of a waterway. Therefore, NRCS has expanded the EWP Program assistance described in the proposed nde mid adopted here in the final rule to include all recovery measures within watersheds (see Section 624.6 (c) Eligible practices) on all state, tribal, and private lands otherwise nmeting the EWP eligibility requirements. NRCS may provide EWP assistance for the removal of sediment and other debris from agricultural land [croplands, orchards, vineyards, and pastures} and windblown debris. This provision of the proposed regulation also provides for EWP assistance for drought recovery activities. The expansion of ellgthle recovery measures is primarily associated with deposits of large quantities of sediments and other debris on floodplains usually occur from major flooding, and tornadoes and hurricanes. The sediments are usually coarse and inferl~le, and frequently destroy or smother plants and impair normal agricultural use. This is a normal occurrence in the dynamics of floodplain systems, but it can jeopardize the productivity of agricultural lands and adversely affect structures and property within urban ames. As set forth in the final rule, NRCS will now consider alternative practices to address the type of damage such as: · Removing and disposing the sediment and other debris · Incorporating the sediment into the underlying soil · Offering to purchase a floodplain easement (see Section 624.10) Whether these sites qualify for EWP assistance and what the most effective alternative treatment is for eligible sites depends upon many factors: size of the particles, depth of material deposited. lateral extent of the sediment and debris, soil type of the underlying material, and land use and value of the land. Floodplain easements (see Section 624.10l may be used if there is too much debris to incorporate or haul off-site, or otherwise disposed. Most debris that is deposited on upland areas is carried from winds of hurricanes or tornadoes. Such debris may cover portions of several watersheds and normally consists of downed trees, utility poles, and fence posts; livestock and poultry carcasses; or building materials, such as insulation, shingles, metal roofing, metal siding, and similar non- biodegradable materials. Similarly, ice storms may result in debris deposition and cause the death of livestock and poultry. Debris removal will typically be associated with the removal of debris upstream of bridges and culverts, or in the upland portion of a watembed where debris would readily be moved through nmoff and deposited during a subsequent storm event in a waterway which could cause blockages in the waterway, flooding homes and other structures. The practice components adopted to address upland debris depostiiml may include, but am not limited to: · Creating access when needed to move trucks and heavy, equipment to a debris site · Using chain saws, other power tools, winches, and other machinery and heavy equipment to gather and process the debris for onsite disposal or removal * Disposing of debris in accordance with local rules and regulations on-silo by burial, chipping, or burning · Loading on trucks for removal and disposal off-site in approved sites or landfills, based upon the composition of the material · Obtaining special lecimical assistance and personnel to handle hazardous materials such as asbestos, petroleum products, propane, or other compressed gas containers, or other potentially hazardous or toxic compounds or materials · Grading, shaping, and revagetating, by seeding or planting, any portion of the area affected by the debris removal operation Section 624.6{c} Eligible practices, Comments were received regarding drought emergencies suggesting the allowance of permanent drought measures such as drilling water wells, and also requested a timeframe for how long hay or water should be provided during a drought emergency. Under the EWP Program drought recovery practices are generally temporary in nature and are intended to reduce the consequences of a drought. The EWP program provides for the repair or restoration to pre-disaster conditions. Drilling wells for livestock watering would be considered a "betterment" above that which existed prior to the drought and as such not eligible for EWP assistance. Additionally, the FSA may provide funding to drill wells for livestock watering under ECP during drought conditions. EWP assistance typically includes soil erosion prevention measures, prescribed grazing, or reseeding, which allows rangaland to recover more rapidly. As s~t forth in the proposed rule, NRCS believes that EWP assistance should not be used during Federal Register/Vol. 70. No. 63/Monday, April 4, 2005/Rules and Regulations 16925 drought situations to install permanent practices or structures, including water wells, irrigation systems, or purchase of portable equipment {i.e., water pumps] aud has maintained this limitation in the Fural rule. NRCS has removed the provision in section 624.6[c)(4} of the proposed rule that allowed for providing temporary water for livestock and purchasing and transporting hay. The proposal to provide tempur~ water would be duplicative of eligible measures under the ECP administered by FSA. The proposal to purchase and transport hay was also eliminated since this activity may not achieve the results necessary for runoff reiasdation and soil erosion prevention since livestock would still be allowed to graze within the drought-impacted watershed asea. Additionally, EWP practices durlng drought situations should not be conducted at the expense of another natural resource, such as pumping or releasing water from a water body to an extent that is environmentally detrimental. Section 624.6{e) Implementation. Two comments were received that recommended NRCS consider [he "buy out" of structures, primarily hanses, rather than repairing the waterway to protect the houses. NRCS believes there is sufficient flexibility in this regulation to purchase and remove houses or other stroctures in cases where the removal meets the eligibility requirements of EWP, it is the least costly alternative, and the buy out is voluntary, and does not involve a lessee or renter. Consequently, the proposed language has been adopted without change in the final rule. Section 624.7 Cost share assistance. One comment recommended authorizing 100 percent for exigency situations since sponsors may not be able to secure funding within time frame required to complete exigency EWP measures. NRCS has adopted in the final rule Section 624.11 Waivers which allows the?RCS Deputy Chief for Programs to waive any provision of these regulations to the extent allowed by law when the agency makes a written determination that such waiver is in the best interest of the Federal government, An example may include allowing up to 100 percent cost-sharing for a sponsor when the sponsor demonstrates they have insufficient resources or finances to contribute the 25 percent cost-share in an exigency situation. All exigency situations do not warrant 100 percent Federal cost-share. However, through the waiver provision of the final rule, the agency recognizes that there may be situations were 100 percent cost-share is warranted. Section 624.7(b) [c). Several comments supported the definition set forth in the proposed rule at Section 624.4{e) and cost*share rate for lintited resource areas. One commenter requested clarification as to whether all of the criteria must be met. The definition of a limited-resuurce area is a county where average housing values are less than 75 percent of the State average, per capita income is less than 75 percent of the national per capita income, and unemployment during the preceding 3 years is at least twice the U.S. average. To respond to the comments and, to clarify NRCS' intent, the definition set forth in the proposed nde is being modified such that all three criteria have to be met to qualify [or the 90 percent cost-share. NRCS would use the most recent U.S. census and unemployment data to make this determination. NRCS is not adopting the provision in the proposed rule which provided [he NRCS State Conservationist with the authority to document the limited-resource status of an area within a non-limited resource county by applying National census data for the tinge factors mentioned above and approving the 90 percent cost-share rate for that area. After further review, NRCS recognizes that making this determination within a non- limited-resuurce county may be difficult since specific U.S. census and unemployment data may not be available, in situations where the NRCS State Conservationist believes the 90 percent cost-share is warranted, a waiver can be requested in accordance with Section 624.11 Waivers which allows the NRCS Deputy Chief for Programs to waive any provision of these regulations to the extent allowed by law when the agency makes a written determination that such waiver is in the best interest of the Federal government. Section 624.8 Assistance. NRCS did not receive any comments on this provision and is adopting the change in the proposed rule which eliminated Section 624.8 Environment in the previous rulemaking (46 FR 65677, Nov. 17, 1981} since the information is duplicative of other USDA and NRCS regulations and policy (see 7 CFR part lb; 7 CFR part 650; NRCS General Manual Title 190, Part 410; and NRCS National Environmental Compliance Handbook). In the proposed rule, NRCS did not identify the regulations and policies and has done so here to ensure that the public is aware of USDA and NRCS' environmental compliance regulations and policies that are applicable for the EWP Program. Section 624.8(c)13} Funding Priorities. One comment requested that floodplain easement acquisition should be included in the list of EWP priorities. Funding for floodplain easement acqnisition has been managed separately from EWP funding for recovory measures. This is due to Congressional language as part of the EWP funding appropriation which has designated the amount of funding that could be used to purchase floodplain easements. When NRCS receives fimding for acquisition of floodplain easements, NRCS State Conservationist will establish ranking or priority watersheds to ecquire floodplain easements. This proposed provision is adopted in the final rule with clarification that the funding priorities ap~ly to EWP recovery measures. Section 624.9 Tinge lflnits. One comment recommended extending the length of time by which recovery work must be completed beyond 220 days due to the length of time necessary in sonm cases for sponsors to obtain permits. NRCS believes that in most cases emergency recovery measures should be completed within the 220--day time frame. However. Section 624.11 Waivers provides authority for the NRCS Deputy Chief fur Programs to waive any provision of these regulations to the extent allowed by law which could include situations where permitting, endangered and threatened species compliance, cultural resources, or other legal requirements result in additional time to complete recovery work funded under the EWP Program. Accordingly, this proposed prevision is adopted in the final rule without change. Section 624.I0 Floodplain easement. One comment requested that floodplain easements should focus on wetland and wildlife habitat restoration. Under the floodplain easement option, a landowner offers to sell to NRCS a permanent easement that provides NRCS with the full rights to restore and enhance the floodplain's functions and values which include consideration of wetland and wildlife habitat restoration. The program is not a substitute for the Wetlands Reserve Program, also administered by NRCS, since many other floodplain restoration factors must be considered, and may be the focus, when restoring floodplain functions within a site. Floodplain easements restore, protect, maintain, and enhance the functions of wetlands and riparian aseas~ conserve natural values including fish and wtldlife habitat, water quality, flood water retention, ground water recharge, and open space; and safeguard lives and 16926 Federal Register/Vol. 70, No. 63/Monday, April 4, 2005/Rules and Regulations property from floods, drought, and the products of erosion. The agency has adopted the proposed provisien in the final rule without change. Section 624.10(b}(2)(ii}. Comments were received that supported the acquisition of non-agricultural lands when purchasing floodplain easements. Under the proposed rule, NRCS expanded the potential acquisition of floodplain easements to include non- agricultural lands. Structures within the floodplain easement may be demolished or relocated outside the 100-year floodplain, whichever costs less. This element of the proposed rule would tend to increase program costs in the short-term, but reduce costs to the Federal government in the long-term, as people and structures in non- agr/cultural areas are re]ocated out of the floodplain. In addition, as more acreage is returned to open space, the floodplain would function in a mom natural state with increased long4erm public benefits. The agency has adopted the proposed prov/slon in the final rule without change. Section 624.10[b)(4). Section 624.10(b)(4) sets forth the compensation that NRCS will pay a landowner for the ptrrchase of a floodplain easement. The floodplain easement program is the successor program to the Emergency Wetlands Reserve Program (EWRP) that NRCS administered with EWP fimds to address the 1993 and 1995 Midwest Flood events. As a component of the Wetlands Reserve Program, landowners received agricultural value for an EWRP easement, tn the proposed nde, NRCS Indicated that it would pay a landowner for a floodplain easement the lesser of the three following values as an easement payment: (1) A geographic rate established by the NRCS State conservationist, if one has been established; (2) A value based on a market appraisal analysis for agricultural uses or assessment for agriculim'al land; or (3) the landowner's offer, if one has been made. NRCS is making a few adjustments to the compensation section of the final rule in response to recent changes made to the Department of Transportaiion's regulations to implement the Uniform Relocation Assistance and Real Property Acqnisitien for Federal and Federally Assisted Programs, 49 CFR Part 24, ? CFR Part 21. In particular, NRCS relied Department of Transportation regulations have removed the voluntary transaction exemption, and therefore, NRCS modified the final rule to reflect that NRCS will follow applicable regulation and other law in its determiner/on of easement compensation. Section 024.10(c). Although no comments were received on this section, NRCS changed the language in this final regulation to accurately identify/ts policy related to easement modifications and terminations. The agency does not have the authority for either action. NRCS does have the authority under {7 U.S.C. 428a), in limited situations, to accept land exchanges. Section 624.11 Wdivers, Although no public comraants were received on this section, NRCS is clarifying In the final rule that the NRCS Deputy Chief for Programs has the authority to waive any prov/sion of those regulations to the extent allowed by law when the agency makes a written determination that such waiver is In the best interest of the Federal government. NRCS clarified that the determination must be in writing and In the best interest of the Federal government. NRCS will, upon mquast, make waivers available to the public In accordance with the Freedom of Information Act and I6 U,S.C. 3844(b). List of Subjects in 7 CFR Part 624 Disaster ass/stance, Floodplain easement, FloodinS, Imminent threat, Natural disaster, Watershed impairment. · Accordingly, for the reasons stated In the preamble, Part 624 of Title 7 of the Code of Federal Regulations is revised to read as follows: PART 624--EMERGENCY WATERSHED PROTECTION Sec. 624.1 Purpose. 624.2 Objective. 624.3 Scope. 624.4 Definitions. 624.5 Coordination. 624,6 Program administration. 624,7 Cost-sharing. 624.8 Assistance. 624,g Time limits. 624.10 F~oodplain easements. 624.11 Waivers. Autherily: Sec. 216, P.L 81-516, 33 U.S.C. 701b-l; Sec. 403, P.L. 95-334, as amended, upon an exemption for voluntary txansactions in the former Department of §624.1 Purposa, procedures for Federal assistance, srlm;n;stered by NRCS, under Section 216, Public Law 81-516, 33 U.S.C. 701b-1; and Section 403 of the Agricultural Credit Act of 1978, Public Law 95-334, as antended by Section 382, of the Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127.16 U.S.C. 2203. The Secretary of Agriculture has delegated the administration of the EWP Program to the Chief of NRCS on state, tribal, and private lands, and Chief of FS on National Forest Systems lands, Including any other lands that are administered under a formal agreemenl with the FS. The FS administers the ~ Program in accordance with the Forest Service Manuals 1950 and 3540, and the Forest Service Handbook 1909.15 §624.2 Objective. The obiecfive of the EWP Program is to aaslai sponsors, landowners, end operators in implementing emergency recovery, measures for runoff retardation and erosion prevention to relieve hnminent hazards to life and property created by a natural disaster that causes a sndden impairment of a watershed. §624.3 Scope. EWP Program technical and financial assistance may be made available to a qualified sponsor, or lendownars when a floodplain easement is the selected alternative by the Secretary of Agriculture, upon a qualified sponsor or lendowneFs request when a Federal emergency is declared by the President or when a local emergency is declared by the NRCS State Conservationist. The ]~VP Program is designed for emergency recovery work, including the purchase of floodplain easements. Emergency watershed protection is author/zed in the 50 States, the District of Cohirebia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. §624.4 Definitions. (a) Defensibility means the extent to which an action is: {1) More beneficial than adverse in the extent end Intensity of its envirenmental and ecunomic effects; (2) In compliance with Federal, State, end local laws; (3) Acceptable to affected individuals end communities; Transportation regulations for its The Natural Resources Conservation (4) Effective in restoring or protecting valuation methodology under the Service (NRC.S) and United States Forest the natural resources; floodplain easement component of Service (FS) are responsible for (5) Complete with all necessary BWP. The Department of Transportation administering the Emergency Watershed components Included; and published its new regulations on Protection {EWP) Program. This part (6) Efficient in achieving the des/red January 4, 2005 [?0 FR 590). The new seLs fo~th the requirements and outcome. Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Rules and Regulations 16927 On) Exigency means those situations that demand immediate action to avoid potential loss of life or property. including situations when a second event may occur shortly thereafter that could compound the impatrment, cause new damages or the potential loss of life if action to remedy the situation is not taken immediataly. (c) Floodplain easement means a reserved interest easement, which is an h~tarast in land, defined and delineated in a deed whereby the landowner conveys all rights end interest in the property to the grantee, but the landowner retains those rights, title, and interest in the property, which are specifically reserved to tho landowner in the easement deed. id) lnuninent threat means a substantial natural occurrence that could cause significant damage to property or threaten human life in the near future. (e)(1) Limited resource area is defined as a county where: ii) Housing values are less than 75 percant of the State housing valoe average; and (ii) Par capita income is 75 percent or !ess then the National per capita raceme; end (iii) Unemployment is at least twice the U.S. average over the past 3 years based upon the annual unemployment figures. (2) NRCS will use the most recent National census information available when determining paragraphs (e)(1)(i) and (ii) of this section. (0 Natural occurrence includes, but is not limited to, floods, fires, windstorms, ice storms, hurricanes, typhoons, tornadoes, earthqnakas, volcanic actions, slides, and drought. [g) Project sponsormeans a State government or a State agency or a legal subdivision thereof, local unit of government, or any Native American tribe or tribal organization as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b), with a legal interest in or raspansibilify for the values threatened by a watershed emergency; is capable of obtaining necessary land rights; and is capable of carrying out any operation and malntanence responsibilities that may be required. th) Wetershed emergency means adverse impacts to resources exist when a natural occurrence causes a sudden impairment of a watershed and creates an imminent throat to life or property. (il Watershed impairment moans the situation that exists when the ability of a watershed to carry out its natural functions is reduced to the point where an imminent threat to health, life, or property is cma[ed. This intpairment can also include sediment and debris deposition in floodplains and npland portions of the watershed. §624.5 Coordination. [a} If the President declares an area to be a major disaster area~ NRCS will provide assistance which will be coordinated with the Federal Emergency Management Agency (FEMA) or its designee. FEMA is the lead federal agency for Presidentially-declared natural disasters. (b) When an NRCS State Conservationist determines that a watershed impairment exists, [nit the President does not declare an area to be a maior disaster ama. FEMA does not coordinate assistance. In this situation, NTRCS will assume the lead, provide assistance, and coordinate work with the appropriate State office of emergency preparedness and other Federal, tribal, or local agencies involved with emergency activities, as appropriate. (c) In the case where the watershed impairment exists se]air on FS System lands, the FS will detar~nine the existence of the impairment, assume the lead, provide assistance end coordinate work with the appropriate State office of emergency preparedness and other Federal, tribal, or local agencies involved with emergency activities, as appropriate. § 624.6 Program administration. (al Sponsors. [1) When the State Conservationist declares that a watershed impairment exists. NRCS may, upon request, make assistence available to a sponsor which must be a State er political subdivision thereof, qualified [nd/an tribe or tribal organization, or unit of local government. Private entities or individuals may receive assistance only through the sponsorship of a governmental entity. (ii) Obtain any necessary real property rights, water rights, and regulatory permits; and (iii) Agree to provide for any required operation and nmint~nance of the completed emergency measures. (b) Eligibilily. ~IRCS will provide assistence based upon the NRCS State Conservationist's determination that the cmTant condition of the land or watershed impairment poses a threat to health, life, or property. This asaistence includes EWP practices associated with the removal of public health end safety threats, and restoration of the natural environment after disasters, including ac~l, uiaition of floodplain easements. (1) Priority EWP assistance is available to alleviate exigency situations. NRCS may approve assistance for temporary, correct/on practices to relieve an exigency situation until a more acceptable solution cen be designed and implemented. (2) Limitations. (1) In cases where the same type of natural event occurs within a lO-year period and a structural measure has been installed or repaired twice within that period using EWP assistance, than EWP asaistence is lindted in those sites eligible for the purchase of a floodplain easement as described in §624.10 of thls part. tit) EWP assistance will not be used to perform operation or maintenance, such as the periodic work that is necessary to maintain the efficiency and effectiveness of a measure to perform as originally designed and installed. (iii) EWP assistance will not be used to repair, rebuild, or maintain private or public transportation facilities, public utilities, or similar facilities, [ivJ EWP assistance, funded by NRCS, will not be provided on any Federal lands if such assistance is found to augment the appropriations of other Federal .a.~encies. tv) Et, Vt' assistance is not available for repair or rehabilitation of nonstructural menagement practices, such as (2) Sponsors must: conservation tillage and other similar ii) Contribute their share of the proiect practices. costs, as determined bv NRCS, by (3) Bepair qfstructurel, enduring, and providing funds or ce~aln sen,ices necessary to undertake the act/vity. Contributions that may be applied towards the sponsor's applicable cost- share of construction costs include: iA) Cash; (B) In-kind services such as labor, equipment, design, surveys, contract administration and construction inspection, and other services as determined by the State Conservationist; or [C) A combination of cash and in-kind long-life conservation practices, ii) Sponsors may receive EWP assistance for structural, enduring, end long-life conservation practices inchid/ng, but not limited to, grassed waterways, terraces, embankment ponds, d/versions, and water conservation systems, except where the recovery measures are eligible for assistence under the Emergency Conservation Program administered by the Farm Servic~ .A..J~enc~/. [ii) Ewt- assistance may be available for the repair of certain sf~'uctural 16928 Federal Register/Vol. 70, No. 63/Monday, April 4, 2005 ! Rules and Regulations practices (i.e., dams and channels) originally constructed under Public Law 83-566; Public Law 78-534; Subtitle H of Tide XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq., commonly known as die Resource Conservation and Development Program); and the Pilot Watershed Program of the Department of Agriculture Appropriation Act of 1954 (Pub. L. 83-156; 67 Stat. 214). EWP assistance may not be used to perform operation and mnintenance activities specified in the agreement for the covered structure project entered into with the eligible local organization responsible for the works of improvement. (iii) NRCS may authorize EWP assistance for modifying damaged practices when technology advances or const~uctlon techniques wan'ant umdifications, including when modifications are the result of [ederal permitting or other requirements necessary to implement the recovery measure, and will be cast-shared as described in § 624.7. (iv) EWP assistance is only available when public or private landowners, land managers, land users, or others doctunent they have exhausted or have insufficient funding or other resources available to provide adequate relief from applicable hazards. (4) Increased level of protection. In cases other than those described in paragraph (b)(3J(iii) of this section, if the sponsor desires to increase the level of protection that would be provided by the EWP practice, the sponsor will be responsible for paying 100 percent o£ the costs of the up~rade or additional work. (c) E]igible practices. NRCS will only provide assistance for measures that: (1) Provide protection from additional flooding or soil erosion; and, (2) Reduce threats to life or property from s watershed impairment~ including sediment and debris removal in floodplains and uplands; and (3) Restore the hydraulic capacity to the natural environment to the maximum extent practical; and [4) Are economically and environmentally defensible and technically sound. (dj Documentation. NRCS will document the economic rationale of proposed pmclicas in appropriate detail before the allocation of emergency funding, including projects under consideration for floodplain easements in § 624.10. Generally, the expected value of the property restored should exceed the cost of emergency measures, including taking/nto consideration environmental benefits. Documantation will include, but is not thnited to: [1) Number of locations and extent of damage, including environmental and cultural resources at risk, because of the watershed impairment; (2) Estimated damages to the values at risk if the threat is imminent but not yet realized; (3) Events that must occur for any imminent threat to be realized and the estimated probability of their occurrence both individually and collectively; (4) Estimates of the nature, extent, and costs of the emergency practices to be constructed to recover from an actual threat or relieve an imminent threat; (5) Thorough description of the beneficial and adverse effects on environmental resources, including fish and wildlife habitat; (6) Description of water quality and water conservation impacts, as appropriate; (?1 Analysis of effects on downstream water rights; and (gl Other information deemed appropriate by NRCS to describe adequately the environmental impacts to comply with the National Environmental Policy Act, Endangered Species Act, National Historic Preservation Act, and related requirements. (e) Implementation. When planning emergency recovery practices. NRCS will emphasize measures that are the most economical and are to be accomplished by using the least damaging practical construction techniques and equipment that retain as much of the existing characteristics of the landscape and habitat as possible. Construction of emergency practices may include, but are not limited to, timing of the construction to avoid impacting fish spawning, clearing of right-of-ways, reshaping spoil, debris removal, use of bioengineering techniques, and revegetation of disturbed areas. Mitigation actions needed to offset potential adverse impacts of the EWP Program practices should be planned for installation before, or concnsrent with, the installation of the EWP Program practices, in rare occurrences where mitigation cannot be thstalled concurrently, plans will require mitigation be accomplished as soon as practical. (fl NRCS may determine that a measure is not eligible for assistance for any reason, including economic and environmental factors ar technical feasibility. §624.7 Coat-sharing. (a) Except as provided in paragraph (b) of this section, the Federal conlribution toward the implementation of emergency measttres may not exceed 75 percent of the construction cost of such emergency measures, including work done to offset or mitigate adverse impacts as a result of the emergency measures. Co) If NRCS determines that an ama qualifies as a limited resource area, the Federal contribution toward the implementation of emergency measures may not exceed 90 percent of the constxuction cost nf snch emergency §624.8 Assistance. (a} Sponsurs must suhm/t a formal request to the State Conservationist for assistance within 60 days of the natural disaster occurrence, or §0 days from the date when access to the sites becomes available. Requests must include a statement that the sponsors understand their responsibilities and are willing to pay its cost-shased percentage as well as information pertaining to the natural disaster, inclnding the nature, location, and scope of the problems and the assistance needed. Co) On receipt of a forraal request for EWP assistance, the S~ate Conservationist or designee shall immediately investigate the emergency situation to determine whether EWP is applicable and to prepare an initial cost estimation for submission to the NRCS Chief or designee. The cost estimation will be submitted no later than §0 days from receipt of the formal request from the sponsor. The State Conservationist will take into account the funding priorities identified in paragraph (c) (3) of this section. The State Conservationist will forward the damage survey report, which prov/das the information pertaining to proposed EWP practice[s) and indicates the amount of funds necessary to undertake the Federal portion, to the NRCS Chief or designee. This information will be submitted no later that 60 days from receipt of the formal request from the sponsor, or no later than 80 days from the date funding is made available to the State Conservationist. whichever is later. NRCS may not commit funds until notified by the Chief, or designee, of the availability of funds. (c) Before the release of financial assistance. NKCS will enter into a Cooperative Agreement with a sponsor that specifies the respcusibifitias of the sponsor under this part. including any required operation and maintenance responsibilities. NRCS will not provide funding for activities undertaken by a Federal Reglster/Vol. 70. No. 63/Monday, April 4, 2005/Rules and Regulations lfi929 sponsor prior to the signing of the agseemant between NRCS and the sponsor. {1} NRGS will only provide fimding for work that is necessary to reduce applicable threats. (21 Efforts must be made to avoid or minimize adverse environmental impacts associated with the implementation of emergency measures, to the extent precticable, giving special attention to protecting cultural resources and fish and wildlife habitat. (3) l~anding priorities for recovery measures. NRCS will provide EWP assistance based on the following criteria, which are ranked in the order of importance: (il Exigency situations; iii) Sites where there is a serious, but not immediate threat to human llfe; [iii) Sites where buildings, utilities, or other important infrastructure components ere threatened; (iv) ~en reviewing paragraphs (cl(3][i) through (iii) of this section, NRCS wi]] take into account the following resources as they may affect the priority, including, but not limited to: IA) Sites inhabited by federally listed threotened and endangered species or containing federally designated critical habitat where the species or the critical habitat could be jeopardized, destroyed or adversely modified without the EWP practice; Cfi} Sites that contain or ere in tho proximity to cultural sites listed on the National Register of Historic Places where the listed resource would be jeopardized if the EWP practice were not installed; lC} Sites where prime farmland supporting high value crops is threatened; {D) Sites containing wetlands that would be damaged or destroyed without the EWP practice; [E) Sites that have a major effect on water quality; and (F) Sites containing unique habitat, including but not limited to, areas inhabited by State-listed threatened and endangered species, fish and wildlife management areas, or State-identified sensitive habitats; and [v) Other funding priorities established by the Chief of NRCS. §624.9 Time limits. Funds must be obligated by the State Conservationist and construction completed within 220 calender days after the date funds ere committed to the State Consarvaiionist, except for exigency situations in which case the construction must be completed within 10 days after the date the funds are committed. § 624A0 Floodplain easements. {a) Generel. NRCS may purchase floodplain easements as an emergency measure. NRCS will only purchase easements fi.om landowners on a voluntary basis. go) Floodplain easements. (1} Floodplain easements established under this pert will be: (i) Held by the United States, through the Secretary of Agriculture; (ii) Administered by NRCS or its designee; and (iii) Perpetual in duration; (2) Eligible land. NRCS may determine land is eligible under this section if.' (i) The floodplain lands were damaged by flooding at least once within the previous calendar year or have been subject to flood damage at least twice withln the previous 10 years; or (ii) Other lands within the floodplain would contribute to the restoration of the flood storage and flow, erosion control, or that would improve the practical management of the easement; or [iii) Lands would be inundated or adversely impacted as a result of a dam breach. (3) Ineligible land. NRCS may determine that land is ineligible under this section if: (i) Implementation of restoration practices would be fiatile due to "on- site" or "off-stie" conditions; [ii) The land is subject to an existing easement or deed restriction that provides sufficient protection or restoration, as determined by the Chief of NRCS, of the floodplain's functions and values; or (iii) The purchase of an easement would not meet the purposes of this pert. (4) Compensation for easements, NRCS will determine easement compe~mation in accordance with applicable regulation and other law. 15) NRCS will not acquire any easement unless the landowner accepts the amount of the easement payment that is offered by NRCS. NRCS reserves the right not to purchase an easeznent if the easement compensation for a particular easement would be too expensive, as determined by NRCS. (6) NRCS may provide up to 100 percent of the restoration and enhancemeni costs of the easement. NRCS may enter into an agreement with the landowner or another third perry to ensure that identified practices are implemented. NRCS, the landowner, or other designee may implement identified practices. Restoration and enhancement efforts may include both structural and non-sfauctural practices. An easement acquired under this part shall provide NRCS with the full authority to restore, protect, manage, maintain, and enhance the functions and values of the floodplain. [?) The landowner must: (i) Comply with the terms of the easement; iii} Comply with all terms and conditions of any associated agreement; and (iii) Convey title to the easement that is acceptable to NRCS and warrant that the easement is superior to the rights of all others, except fur exceptions to the title that ere deemed acceptable by NRCS. (8) Structures, including buildings, within the floodplain easement may be demolished and removed, or relocated outside the 100-year floodplain or dam breach inundation area. {c} Easements acquired under this pert may not be modified or terminated. However, in limited situations, as determined by the Chief of NRGS and when in the best interest of the Government, land exchanges may he anthorized pursuant to [7 U.S.G. 428a} and other applicable authorities. [d) Enforcement. (1) in the event of a violation of an easement, the violator will be given reasonable notice and an opportunity to correct the violation within 30 days of the date of the notice, or such additional time as NRCS may allow. (2) NRCS reserves the fight to enter upon the easement area at any time to remedy deficiencies or easement violations. Such entry may be made at the discretion of NRCS when such .actions ere deemed necessary to protect tmportant floodplain functions and values or other rights of the United States under the easement. The landowner will be liable for any costs incurred by the United States as a result of the landowner's negligence or failure to comply with easement or agreement obligations. [3} in addition to any and all legal and equitable remedies as ~nay be available to the United States under applicable law, NRCS may withhold any easement and cost-share payments owing to landowners at any fime there is a material breach of the easement covenants or any associated agreements. Such withheld funds may be used to offset costs incurred by the United States, in any remedial actions, or retained as damages pursuant to court order or settlement agreement. (4) NRGS will be entitled to recover any and all administrative and legal costs, including attorney's fees or 16930 Federal Register/Vol. 70, No. 63/Monday, April 4, 2005/Rules and Regulations expenses, associated with any enforcement or remedial action. [5) On tim violation of the terms or conditions of the easement or related agreement, the easement shall remain in force, and NRCS may require the landowner to refund all or part of any payments received by the landowner trader this Part. together with interest thereon as determined appropriate by NRCS. (61 All the general penal stahrtas relating to crimes and offenses against the United States shall apply in the administration of floodplain easements acquired under this part. §624.11 Waivers. To the extent allowed by ]aw. the NRCS Deputy Chief for Programs may waive any provision of these regulations when the agency makes a written determination that such waiver is in the best interest of the Federal government. Signed in Washington, DC, on March 21, 2005. Bruce 1. l(night, Chief, Natural Resources Conservetion Service. IFR Doc. 05-6098 Filed 4--1-65: 8:45 am] alLLING CODE 3410-16-U DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1738 RIN 0572--AB81 Rural Broadband Accees Loans and Loan Guarantees AGENCY: Rural Utilities Service, USDA. ACTION: Db'act final rule. SUMMARY: The Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture's Rural Development utilities Programs, is amending its regulations to revise the definition for "eligible rural community" as it relates to the rural access broadband loans and loan guarantees program. DATES: This rule will become effective May 19, 2005, unless we receive written adverse comments or a written notice of intent to submit adverse comments on or before May 4, 2005. If we receive such comments or notice, we will publish a timely document in the Federal Register withdrawing the rule. Comments received will be considered under the proposed rule published in this edition of the Federal Register in the proposed rule section. A second public comment period will not be held. Written comments must be received by RUS or carry, a postmark or equivalent no later then May 4, 2005. AOOR£SSES: Submit adverse comments or notice of intent to submit adverse comments by any of the following methods: ,, Federal eRulemaking Portal: Go to http://www.regulatlona.gov. Follow the online instructions for submitting comments. · Agency Web Site: http:// www. usda.gov/rus/index2/ Cununents.htm. Follow the iustructions for submitting comments. · E-marl: BUSComments~usda.gov. Include in the subject line of the message "Broadband Loans end Loan Guarantees". · Mail: Addressed to Richard Annan, Director, Program Development and Regulatury Analysis, Rural Utilities Service, U.S. Department of Agriculture. 1400 independence Avenue, SW.. STOP 1522, Washington, DC 20250-1522. · Hand Delivery/Courier: Addressed to Richard Annan, Director, Program Development and Regnlainry Analysis, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 5168 South Build/ng, Washington, DC 20250-1522. Inetructions: All submissions received must include that agency name end the subject heading "Broadband Loans and Loan Guarantees". All comments received must identify the name of the individual (and the name of the entiIy, if applicable) who is submitting the comment. All comments received will be posted without change to http:// www. usda.gov/rus/index2/ Cmnxnents,htm. including any personal information provided. FOR FURTHER INFORMATION CONTACT: Jonathen Claffey, Acting Assistant Administrator, Telecommunications Program, Rural UOlitias Service, U.S. Department of Agriculture, 1400 independence Avenue, SW,, STOP 1590, Room 4056, Washington, DG 20250-1500. Telephone number (202) 720-9554, Facsimile (202} 720-0810. SUPPLEMENTARY INFORMATION: Executive Order 12866 This proposed rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget {OMB}. Executive Order 12988 This rule has been reviewed under Executive Order 12988. Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of that Executive Order. in addition, all State and local laws and regulatious that are in comqict with this rule will be preempted. No retroactive effect will be given to the rule and. in accordance with section 212{e) of the Department of Agriculture Reorganization Act of 1994 {7 U.S.C. 6912(e)). administrative appeal procedures must be exhausted before an action against the Department or its agencies may be initiated. Regulatory Flexibility Act Certification RUS certifies that this rule will not have significant econonfic intpact on a substantial number of small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.}. The RUS broadband program provides loans te borrowers at interest rates end terms that are more favorable than those generally available fi.om the private sector. Rug borrowers, as a result of obtelnlng Federal financing, receive economic benefits that exceed any direct cost associated with complying with RUS regulations and requirements. Information Collection and Rececdkeeping gequirumants The reporting and recordkeeping reqnirements contained in the rule has been approved by the Office of Management and Budget (OMB) ~mder OMB Gonirol Number 0572-0130, pursuant to the Paperwork Reduction Act of 1905 (44 U.S.G. chapter 35}. Catalog of Federal Domestic Assistance The program described by this rule is listed in the Catalog of Federal Domestic Assistance Programs under No. 10.851, Rural Telephone Loans and Loan Guarantees; No. 10.852, Rural Telephone Bank Loans; and No. 10.857, Rural Broadband Access Loans end Loan Guarantees. This catalog is available on a subscription basis from the Superintendent of Documents, the United States Government Printing Office, Washington, DC 20402. Telephone: (202) 512-1800. Executive Order 12372 This rule is excluded fi.om the scope of Executive Order 12372, intergovernmental Consultation, which may mqulre consultation with State and local officials. See the final rule related notice entitled "Department Programs and Activities Excluded fi.om Executive Order 12372," [50 FR 47034). Executive Order 13132, Federalism The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the National Government and the States, or ATI'ACHMENT E 7 CFR 3016-36 - PROCUREMENT Excerpt taken from ecfr.gov web site - httD'J/www.ecfr,.ov/c.i-bin/t~xt- idx?SlD=a4a9866625fO7d3ab49_~_~c _ _~_hd_o4e&t~)l=/ecfrbrowse/Tifle07/Ttab 02.t~l § 3016.36 Procurement. la) States. When procuring property and services under a grant, a State will follow the same polJcies and procedures it uses for procurements from its non-Federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs lb) through (i) in this section. lb) Procurement standards. (1) Grantees and subgrantees will use their ewn procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform t~ applicable Federal law and the standards identified in this section. (2) Grantees and subgrantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (3) Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the grantee or subgrantae shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an .unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. (4) Grantee and subgrantee procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (5) To foster greater economy and efficiency, grantees and subgrantees are encouraged to enter into State and local intergovernmental agreemen, ts for procurement or use of common goods and sen/ices. (6) Grantees and subgrantaes ara encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7) Grantees and subgrantees are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer raasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (8) Grantees and subgrantees wilt make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (9) Grantees and subgrantees will maintain records sufficient to detail the significant history of a procurament. These records will include, but are not necessarily limited to the following: rationale for the method of procurament, selection of contract type, contractor selection or rejection, and the basis for the contract price. (10) Grantees and subgrantees will use time and material type contracts only-- (i) After a determination that no other contract is suitable, and (ii) If the contract includes a ceiling price that the contractor exceeds at its own dsk. (11) Grantees and subgrantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the set'dement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not ralieve the grantee or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority having proper jurisdiction. (12) Grantees and subgrantses will have pratest procedures to handle and resolve disputes relating to their procurements and shall in all instances disclose information ragarding the protest to the awarding agency. A pratestor must exhaust all administrative remedies with the grantee and subgrantee befora pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to: (i) Violations of Federal law or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and (ii) Violations of the grantee's or subgrantee's protest procedures for failure to review a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee. (c) Competition. (1) All procurament transactions will be conducted in a manner providing full and open competition consistent with the standards of § 3016.36. Some of the situations considerad to be rastrictive of competition include but ara not limited to: (i) Placing unreasonable requirements on firms in order for them to qualify to do business, (ii) Requiring unnecessary experience and excessive bonding, (iii) Noncompetitive pdcing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, (vi) Specifying only a "brand name" product instead of allowing "an equaF product to be offered and describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process. (2) Grantees and subgrantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts State licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection cdtaria provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) Grantees will have written selection procedures for procurement transactions. These procedures will ensure that all solicitations: (i) Incorporate a clear and accurate descdpfion of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential charectedstics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and (ii) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (4) Grantees and subgrantaes will ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period. (d) Methods of procurement to be followed. (1) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified soumes. (2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in pdce. The sealed bid method is the preferred method for procuring construction, if the conditions in § 3016.36(d)(2)(i) apply. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible biddem are willing and able to compete effectively and for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: (A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids; (B) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond; (C) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (D) A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the Iow bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids may be rejected if there is a sound documented reason. (3) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical; (ii) Proposals will be solicited from an adequate number of qualified sources; (iii) Grantees and subgrantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees; (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) Grantees and subgrantees may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. 4 (i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small pumhase procedures, sealed bids or competitive proposals and one of the following cimumstances applies: (A) The item is available only from a single soume; (B) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate. (ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required. (iii) Grantees and subgrantees may be required to submit the proposed procurement to the awarding agency for pre-award review in accordance with paragraph (g) of this section. (e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1) The grantee and subgrantee will take all necessary affirmative steps to assure that minodty firms, women's business enterprises, and labor surplus area firms are used when possible. (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum part c pation by small and minority business, and women s business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps tisted in paragraphs (e)(2) (i) through {v) of this section. (f) Contract cost andprice. (1) Grantees and subgrentees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be pedormed when the offeror is required to submit the elements of his estimated cost, e.g, under professional, consulting, and amhitectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market pdce of a commemial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price. (2) Grantaes and subgrantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles (see § 3016.22). Grantees may reference their own cost principles that comply with the applicable Federal cost principles. (4) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. (g) Awarding agency review. (1) Grantees and subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for pumhase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or subgrantee desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (2) Grantees and subgrantees must on request make available for awarding agency pre-award review procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. when: (i) A grantee's or subgrantee's procurement procedures or operation fails to comply with the procurement standards in this section; or (ii) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or (iii) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a "brand name" product; or (iv) The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent Iow bidder under a sealed bid procurement; or (v) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. (3) A grantee or subgrantee will be exempt from the pre-award review in paragraph (g)(2) of this section if the awarding agency determines that its procurement systems comply with the standards of this section. (i) A grantee or subgrantee may request that its procurement system be reviewed by the awarding agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews shall occur where there is a continuous high-dollar funding, and third-party con~'acts are awarded on a regular basis. 6 (ii) A grantee or subgrantee may self-certify its procurement system. Such seE-certification shall not limit the awarding agency's right to survey the system. Under a self-certification procedure, awarding agencies may wish to rely on written assurances from the grantee or subgrantee that it is complying with these standards. A grantee or subgrantee will cite specific procedures, regulations, standards, etc., as being in compliance with these requirements and have its system available for review. (h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the awarding agency may accept the bonding policy and requirements of the grantee or subgrantae provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee~ shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A '~performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retantion, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantses) (4) Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor rsgulations (29 CFR Part 3). (All contracts and subgrants for construction or repair) (5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which adses or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000) (13) Mandatory standards and poticies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation ACt (Pub. L. 94- 163, 89 Stat. 871). [53 FR 8044, 8087, Mar. 11,1988, as amended at 60 FR 19639, 19641, Apr. 19, 1995] 8 ATTACHMENT F NRCS SUPPLEMENT TO OSHA PARTS 1910 AND 1926 Appendix F NRCS Supplement to OSHA Parts 1910 and 1926 The NRCS Supplement to OSHA Parts 1910 and 1926 is included in NRCS construction contracts and recommended for other contracts, such as CLO contracts, in which the NRCS is involved. It contains requirements that are not included in the OSHA requirentents. It also emphasizes specific safety requirements that are covered in OSHA Parts 1910 and 1926. (210-VI-NEH, Amend, 59, July 2012) Appendix F NRC$ Supplement to OSHA Parts 1910 Part 64/5 and 1926 I~ation~l Engineering Handbook F-ii (210-VI-NEH, Amend. 59, July 2012) NATURAL RESOURCES CONSERVATION SERVICE SUPPLEMENT TO OSHA PARTS 1910 AND 1926 CONSTRUCTION INDUSTRY STANDARDS AND INTERPRETATIONS The Contractor shall compl)' with OSHA (Occupational Safet) and Health Adminislration) Parts 1910 and 1926. Construction Industry Standards and Interpretations, and with this supplement. Requests for variances or waiver from this supplement are to be made to One Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. A written request for a waiver or a ~ariance shall inclnde-- (I) Specific reference to the provision or standard in question: (2) An explanation as to wh~, the waiver is considered justified; and (3) Thc Contractor's proposed alternative, including technical drawings, materials, or equipment specifications needed to enable thc Contracting Officer to render a decision. No waiver or variance will be approved if it endangers an)' person. The Contractor shall not proceed under an)' requested revision of provision until the Contracting Officer has given written approval. The Contractor is to hold and save harmless the Natural Rcsoumes Conservation Service free from any claims or causes of action whatsoever resulting from thc Contractor or subcontractors proceeding under a waiver or approved variance. Copies of OSHA Parts 1910 and 1926. Construction Industry Standards and Interpretations, ma)' bc obtained from: Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 1.0 GENERAL CONTRACTOR REQUIREMENTS: I. I SAFETY PROGRAM. Each Contractor is to demonstrate that he or she has facilities for conducting a safety program commensurate with the work under contract. The Contractor is to submit in writing a proposed comprehensive safety program to the Contracting Officer for approval before the start of construction operations. The program is to specifically state what provisions the Contractor proposes to take for the health and safety of all emplo.~es, including subcontractors and rental equipment operators. The program shall be site specific and provide details relevant to the work to be done, the hazards associated with the work, and the actions that will be necessary to minimize the identified hazards. 1.2 PRECONSTRUCTION SAFETY MEETING. Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's representative before the start of construction to discuss the safety program and the implementation of all health and safety standards pertinent to the work under this contract. 1.3 JOINT SAFETY POLICY COMMITTEE. The Contractor or designated on-site representative is to participate in monthly meetings of a joint Safety Policy Committee. composed of the Natural Resources Conservation Sen'ice (Contracting Local Organization in locally awarded contracts) and Contractor supervisor)' personnel. At these meetings the Contractor's project manager and the Contracting Officer will review the effectiveness of the n Co tractor s safer3 effort, resolve current health and safety problems, and coordinate safety activities for upcoming work. 1.4 SAFETY PERSONNEL. Each Contractor is to designate a competent supervisory employee satisfactoD, to the Contracting Officer to administer the safety program. 1.$ SAFETY MEETINGS. A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all field supervisors or foremen and attended by mechanics and all construction pemonnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety meetings at least monthly for all levels of job supen'ision. Page 1 of 5 1.6 SAFETY INSPECTION. The Contractor shall perform frequent and regular safety inspections ofthejobsite. materials, and equipment, and shall correct deficiencies. 1.7 FIRST AID TRAINING. Every Conh'actor foreman's work crew must include an employee who has a current first aid certificate from the Mine Safety and Health Administration, American Red Cross. or other state-approved organization. 1.8 REPORTS. Each Contractor is to maintain an aceurata record of all job-related deaths, diseases, or disabling injuries. The records shall be maintained in a manner approved by the Contracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported immediately to the Contracting Officer, and ever)' assistance is to be given in the investigation of the incident, including submission ora comprehensive narrative report to the Contractiug Officer. Other occurrences with serious accident potential, such as equipment failures, slides, and cave-ins, must also be reported immediately. The Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident investigations. The Contracting Officer is to be furnished all information and data pertinent to im~stigation of an accident. 1.9 CERTIFICATION OF INSURANCE. Contractors are to provide the Contracting Officer or his or her authorized representative with certificates of insurance before the start of operations indicating full compliance with State Worker's Compensation statutes, as well as other certificates of insurance reqnired under the contract. 2.0 FIRST AID AND MEDICAL FACILITIES: 2. I FIRST AID KITS, A 16-uait first aid kit approved by the American Red Cross is to be provided at accessible. weIMdantified, locations at the ratio of at least I kit for each 25 employees. The first aid kits are to be moisture proof and dust tight, and the contents of the kits are to be replenished as used or as they become ineffective or outdated. 2.2 EMERGENCY FIRST AID. At least one employee certified to administer emergenc~ first aid must be available on each shift and duly designated by the Contractor to care for injured employees. The names of the certified employees shall be posted at the jobsite. 2.3 COMMUNICATION AND TRANSPORTATION. Prior to the start of work, the Contractor is to make necessar)' arrangements for prompt and dependable communications, transportation, and medical care for injured employees. At least one stretcher and two blankets shall be readily available for transporting injured employees. 2.4 FIRST AID AND MEDICAL REPORTS. The Contractor is to maintain a record system for first aid and medical treatment on the jobsite. Such records are to be readily available to the Contracting Officer and are to include-- (a) A daily treatment log listing chronologically all persons treated for occupational injuries and illnesses: (b) Cumulative record ofinju~ for each individual; (c) Monthly statistical records of occupational injuries, classified by type and nature ofinjary: and (d) Required records for worker's compensation. 2.5 SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional markers are to be provided to readily denote the location of all first aid stations. 2.6 EMERGENCY LISTING. A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire departments is to be provided at all first aid locations. 3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES: 3.1 GENERAL REQUIREMENTS. Persons employed throughout the con,'act are to be physically qualified to perform their assigned duties. Employees must not knoxvingly be permitted or required to work while their ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize themselves or others. Page 2 of 5 3.2 HOIST OPERATORS. Opemtom of cranes, cableways, and other hoisting equipment shall be examined annually by a physician and provided with a certification stating that they' are physically qualified to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to the Contracting Officer. 3.3 HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavy construction equipment be given physical examinations to determine if they are physically' qualified to perform their assigned work without endangering themselves or others. 3.4 MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18 years of age or older and have a valid state operator's permit or license for the equipment being operated. The operators must have passed a physical examination administered by' a licensed physician within the past year showing that they are physically qualified to operate ~ehicles safely. 4.0 PERSONAL PROTECTIVE EQUIPMENT: 4. I HARDHAT AREAS. The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons entering the area are, without exception, required to wear hardhats. The Contractor shall provide hardhats for visitors entering hardhat areas. 4.1. I LABELS. Hardhats shall bear a manufacturer's label indicating design compliance with thc appropriate ANSI (American National Standards Institute) standard. 4.2 POSTING. Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high} and white background shall be erected at access points to designated hardhat areas: CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT These signs are to be furnished and installed by the Contractor at entries to shops, construction yards, and job access points. 4,3 SAFETY GOGGLES (DRILLERS} 4.3. I DRILLERS AND HELPERS. Drillers and helpers operating pneumatic rock drills must wear pmtoctive safety goggles. 5.0 MACHINERY AND MECHANIZED EQUIPMENT: 5. I SAFE CONDITION. Before any machineD' or mechanized equipment is initially used on the job. it must be inspected and tested by qualified personnel and determined to be in safe operating condition and appropriate for the intended use. Operators shall inspect their equipment prior to the beginning of each shift. An3 deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used by' equipment operators. 5.2 TAGGING AND LOCKING. The controls of power-driven equipment under repair are to be locked. An effective lockout and tagging procedure is to be established, prescribing specific responsibilities and safety procedures to be followed by the person or persons performing repair work. Mixer barrels are to be securely locked out before permitting employees to enter them for cleaning or repair. 5.3 HAUL ROADS FOR EQUIPMENT 5.3.1 ROAD MAINTENANCE. The Contractor shall maintain all roadways, including haul roads and access roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust. 5.3.2 SINGLE-LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents. 5.3.3 TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that vehicles travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe passage of opposing Page 3 of 5 traffic, considering the type of hauling equipment used. 5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, if requested by the Contracting Offiecr~ are to be submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sight line with as great a radius as practical. All roads shall be posted with curve signs and m&ximum speed limits that will permit the equipment to be stopped within one-half the minimum sight distance. 5.3.5 OPERATORS. MachineD' and mechanized equipment shall be operated only by authorized qualified persons. 5.3.6 RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited. Seating and safeD' belts shall be provided for the operator and all passengers~ 5.3.7 GETTING ON OR OFF EQUIPMENT. Getting on or offequipment while the equipment is in motion is prohibited. 5.3.8 HOURS OF OPERATION. Except in emergencies, an equipment operator shall not operate an) mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval away from the job. 5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND HOISTS) 5.4. I PERFORMANCE TEST. Before initial onsite operation~ at 12-month intervals, and after major repairs or modification, power cranes~ derricks, cableways, and hoists must satisfactorily complete a performance test to demonstxate the equipment's ability to safely handle and maneuver the rated loads. The tests shall be conducted in the presence cfa representative oftbe Contracting Officer. Test data shall be recorded and a cop3 furnished the Contracting Officer. 5.4.2 PERFORMANCE TEST--POWER CRANES (Crawler mounted, truck mounted and wheel mounted). The performance test is to be carried out as per ANSI requirements. The test is to consist of raising~ lowering, and braking the Icad and rotating the test Icad through 360° degrees at the specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be tested using both the main boom and the jib~ with an appropriate test Icad in each case. 5.4.3 PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS. AND HOISTS, INCLUDING OVERHEAD CRANES. This equipment is to be performance tested as per ANSI requirements. 5.4.4 BOOM ANGLE INDICATOR. Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be provided with a boom angle indicator in good working order. 5.4.5 CRANE TEST CERTIFICATION. The performance test required b) 5.4.2 and 5.4.3 is fulfilled iftbe Contractor provides the Contracting Officer a copy of a certificate of inspection made within the past 12 months by a qualified person or by a government or private agency satisfactory to the Contracting Officer. 5.4.6 POSTING FOR HIGH VOLTAGE LINES. A notice oftbe lO-foot (or greater) clearance required by OSHA 1926.550, Subpart N. shall be posted in the operator's cab of cranes- shovels, boom-type concrete pumps, backhoes, and related equipment. 5.4.7 BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines, shall have a device attached between the gantry, of the A-frame and the boom chords to limit the elevation of the boom. The device shall control the vertical motions oftbe boom with increasing resistance from 83° or less. until completely stopping the boom at not over 87° above horizontal. 5.4.8 SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads over construction personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety keepers, When shackles are used under these conditions, the)' shall be oftbe locking type or have the pin secured to prohibit turning. 5.5 ROLLOVER PROTECTIVE STRUCTURES (ROPS) Page 4 of 5 5.5, I ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable regardless of the 3ear in which the equipment was manufactured and regardless of the struck capacity of the equipment. 5.5,2 EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting 5.5. I above applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These requirements shall also apply to agricultural and industrial tractors and similar equipment. 5.5.3 EQUIPMENT REQUIRING SEATBELTS. The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles. Mechanized Equipment, and Marine Operations, Section 1926.602 shall also appl3 to self- propelled compactors and rollers, and rubber-tired skid-steer equipment. 6.0 LADDERS AND SCAFFOLDING: 6.1 LADDERS. OSHA 1926. Subpart L - Section 450. Ladders shall be used as work platforms only when use of small hand tools or handling of light material is involved. No work requiring lifiing of heavy materials or substantial exertion shall be done from ladders. 6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 45 I. Scaffolds, platforms or temporar)' floors shall be provided for all ~vork except that which can be done safeb from the ground or similar footing. 6.3 SAFETY BELTS, LIFELINE, AND t, ANYARDS. OSHA 1926, Subpart E, Section 104. Lifelines. safety belts and lanyards independently attached or attended, shall be used when performing such work as the following when the requirements of 6.1 or 6.2 above cannot be met. (a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces. (b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded locations at elevations greater than 6 feet. (c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the opening to within I foot of the sides of the shaft, unless cages are provided. Page 5 of 5 ATTACHMENT G NRCS-ADS78 - ASSURANCES RELATING TO REAL PROPERTY ACQUISITION SF-270 - REQUEST FOR ADVANCE OR REIMBURSEMENT SF-425 - FEDERAL FINANCIAL REPORT U.S Depattmen! of Agriculture NRCS-ADS-78 Natural Resources Conservation Ser~ ice 5-88 ASSURANCES RELATING TO REAL PROPERTY ACQUISITION PURPOSE -- This form is to be used by sponsor(s) to provide the assnrances to the Natural Resources Conservation Service of the U.S. Department of Agriculture which is required in connection with the installation of project measures which involve Federal financial assistance furnished ~' the Natural Resoumes Conservation Service. PROJECT MEASURES COVERED .- Name of projcet Identity of improvement or development Location REAL PROPERTY ACQUISITION ASSURANCE This assurance is applicable if real propeay interests were acquired for the installation of project measures, and/or if persons, businesses, or farm operations were displaced as a result of snch installation: an dthis assurance was not previously provided for in the watershed, project measure, or other type of plan. If this assurance was not previously provided, the undersigned sponsor(s) hereby assures the3' have complied, to the extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real Property- Acquisition Policies Act (42 U.S.C. 4601-4655), as implemented in 7 C.F.R. Part 21. Any exceptions taken from the real property acquisition requirements under the authority of 42 U.S.C. 4655 because of State law have been or is hereby famished to the Natural Resources Conservation Service along with the opinion of the Chief Legal Officer of the State containing a full discussion oftbe facts and law furnished. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS -- The undersigned sponsor(s) bereby assures that adequate real property rights and interests, ~vater r ghts if applicable, permits and licenses required b3 Federal, State, and local law, ordinance or regulation, and related actions have been taken to obtain the legal right to install, operate, maintain, and inspect the above-described project measures, except for structures or improvements that are to be removed, relocated, modified, or salvaged before and/or during the installation process. This assurance is given with the knowledge that sponsor(s) are responsible for any' excess costs or other conse- quences in the event the real prope~:y fights are found to be inadequate during the installation process. Ftuthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examination of the real property instruments and files was made and the~, were found to provide adequate title, right, perm ss on and authority for the purpose(s) for which the propcrt5 xsas acquired. If any of the real properiy rights or interests were obtained by condemnation (eminent domain) proceedings, sponsor{s) further assure and agree to prosecute the proceedings to a final conclusion and pay such damages as av,'arded by the court. B): _ Title: Date: (Name of Sponsor) This action authorized at an official meeting on day of ._ ,19 at State of Attest: (Name) (Name of Sponsorl B3: Title: Date: (Title} This action authorized at an official meeting on dayof ...... 19 at State of Atte~: (Name) (Title) OMB APPROVAL NO PAGE OF FOR ADVANCE 0~8-00o4 I P^~$ BURSEMENT I-1ADVANCE r-I REIMBURSE- TYPE OF MENT I-] CASH ucSnns on back) REQUESTED r-I FINAL [] PARTIAL [] ACCRUAL IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST BY FEDERAL AGENCY RECIPIEN'FS ACCOUNT NUMBER 8. PER~)D COVERED BY THIS REQUEST REQUEST OR REIMI 3 FEDERAL SPONSORING AGENCYAND WHIGH THIS REPORT J$ SUBMF~-r ED 6 EMPLOYER IDENTIFICATION NUMBER Name. Uarne: and Street: and Street: City. State City, State and ZIP Code: and ZIP Code: 11 COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANC_;$ PROGRAMS/FUNCTIONS/ACTIVITIES ~1~ TOTAL ~la~s to dat~ $ $ $ $ 0.00 b. Less: Cumu~l,,~ proem Incex, ne 0.00 c. Net ~..~a. m. outlays (Unea minus ~.eb) 0.00 0.00 0.00 0.00 pe.~ 0.00 e. T~al (Sum ofline$ C & d) O. O0 0.00 O.OC 0.00 i', Non-Federal sham o~' amount on line e 0.00 ~. Federal sham of amoum on ilne e O, O0 h. Federal pa~/ments previously rec~uested 0.00 Federal sham now requested (Une g r, lnB~ #.o ~/ 0.00 0.00 0.00 0.00 Advances required by month, wl~en requested lstmonth 0,00 by Fsderal gmnlor agency for use ~n making 2ed month J 0.00 pres~eduled advanses 3rd montht 0.00 ~NATE COMPUTATION FOR ADVANCES ONLY a. Estimeted Federal cash out/a~ that will be made dudng period covered b~ the advance b Less: Estimated balance of Federal cash on hand as of beginning of advance period c. Amount requested (Line e minus ~ce b) AUTHORIZED FOR LOCAL REPRODUCTION (Con#Rued on Reverse) 0,00 Pmscdhed by OMB Circulars A-102 and A-110 t 3. CERTIFICATION I certify that to the beat ot my kno~edge and ballet the data on the reverse are correct and that all outlays were made in aesorda~ce with the grant conditions or olher agreement and that payment is due and has not been prevlausJy requested. TYPED OR PRINTED NAME AND TITLE DATE REQUEST SUBM~FED Apd118, 2013 Public reporting burden for this collection of information is estimated to average 60 minutes par response, Including time for reviewfng fnstrucfions, searching existing data sources, gathering and maintaining the data needed, and complating and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Papen~,~rk Reduction Project (0348-0004), Washington, OC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 1 la, 1 lf, 11g, 1 li, 12 and 13 are self-explanatory; specific instructions for other items ara as follows: /tern En~/ 2 Indicate whether request is preparad on cash or accrued expenditura basis. All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts. On a separate sheet, Fist each grant or agraemeet number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient 8 Enter the month, day, and year for the beginning and ending of the period covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request is for relmbumement, show the pedod for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or Entr~/ activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the 'lotar' column on the first page. 11a Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantees and other payees 11b Enter the cumulative cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other agreement. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made dudng the period covered by the advance. 13 Complete the certification before submitting this request. FEDERAL FINANCIAL REPORT (Follow form tns~uc~ons) I1 pa~e= 4a DUNS Numb~ 4b EIN 5 Recipient Account Number or Identifying Number (To report mulb~e grants, use FFR Attachment) Projec~Grant Permd 9 From (Month, Day. Year) ]To (Month. Day. Year) Final Cash E: Accrual R elx~ang Penod End Date (Month, Day Year) Federal Ceph (To re~t multiple ~,ent~, aleo u~ FFR Atta~hm~d}: a. C~sh Rac~pts m Pr~ram income expe~bed m acc~'dance with tbe deduc~on alternative Federal Financial Report Instructions Report Submissions 1) Recipients will be instructed by Federal agencies to submit the Federal Financial Report (FFR) to a single location, except when an automated payment management reporting system is utilized. In this case, a second submission location may be required by the agency. 2) If recipients need mom space to support their FFRs, or FFR Attachments, they should provide supplemental pages. These additional pages must indicate the following information at the top of each page: Federal grant or other identifying number (if reporting on a single award), recipient organization, Data Universal Numbering System (DUNS) number, Employer Identification Number (EIN), and period covered by the report. Reporting Requirements 1 ) The submission of interim FFRs will be on a quarterly, semi-annual, or annual basis, as directed by the Federal agency. A final FFR shall be submitted at the completion of the award agreement. The following reporting period end dates shall be used for interim reports: 3/31,6/30, 9/30, or 12/31. For fmal FFRs, the reporting period end date shall be the end date of the project or grant period. 2) Quarterly and semi-annual interim reports shall be submitted no later than 30 days after the end of each reporting period. Annual reports shall be submitted no later than 90 days after the end of each reporting period. Final reports shall be submitted no later than 90 days after the project or grant period end date. Note: For single award reporting: 1 ) Federal agencies may require both cash management information on lines 10(a) through 10(c) and financial status information lines 10(d)through 10(o). 2) 10(b) and lO(e) may not be the same until the final report. Line Item Instructions for the Federal Financial Report Number Cover Information Federal Agency and ~Enter the name of the Federal agency and organizational element Organizational Element to identified in the award document or as instructed by the agency. [Vhich Report is Submitted 2 ?ederal Grant or Other For a single award, enter the grant number assigned to the award by the identifying Number Federal agency. For multiple awards, report this information on the FFR ~.ssigned by Federal Attachment. Do not complete this box if reporting on multiple awards. Agency 3 Recipient Organization Enter the name and complete address of the recipient organization including zip code. 4a DUNS Number Enter the recipient organization's Data Universal Numbering System 'DUNS) number or Central Contract Registry extended DUNS number. lb EIN Enter the recipient organization's Employer Identification Number (EIN). 5 Recipient Account Number ~2nter the account number or any other identifying number assigned by the >r Identifying Number recipient to the award. This number is for the recipient's use only and is not required by the Federal agency. For multiple awards, report this FFR Reporting Item Instructions ~umber information on the FFR Attachment. Do not complete this box if reporting on multiple awards. ~ t. eport Type Mark appropriate box. Do not complete this box if reporting on multiple awards. ~asis of Accounting Specify whether a cash or accrual basis was used for recording 'Cash/Accrual) transactions related to the award(s) and for preparing this FFR. Accrual basis of accounting refers to the accounting method in which expenses are recorded when incurred. For cash basis accounting, expenses are recorded when they are paid. ~ ?roject/Grant Period, Indicate the period established in the award document during which ?rom: (Month, Day, Year) Federal sponsorship begins and ends. Note: Some agencies award multi-year grants tbr a project period that is funded in increments or budget periods (typically annual increments). Throughout the project period, agencies often require cumulative reporting for consecutive budget periods. Under these circumstances, enter the beginning and ending dates of the project period not the budget period. )o not complete this line i. f reporting on multiple awards. >roject/Grant Period, To: See the above instructions for "Project/Grant Period, From: (Month, Day, 'Month, Day, Year) Year)." *,eporting Period End Enter the ending date of the reporting period. For quarterly, semi-annual, Date: (Month, Day, Year) and annual interim reports, use the following reporting period end dates: 3/31, 6/30, 9/30, or 12/31. For final FFRs, the reporting period end date shall be the end date of the project or grant period. !10 I'ransactions Enter cumulative amounts from date of the inception of the award through the end date of the reporting period specified in line 9. Llse Lines 10a through 10c, Lines 1 Od through 10o, or Lines 10a through 10o, as specified by the Federal agency, when reporting on single grants. Use Line 12~ Remarks, to provide any information deemed necessary to support or explain FFR data. Federal Cash (To report multiple grants, also use FFR Attachment) 10a Cash Receipts Enter the cumulative amount of actual cash received from the Federal agency as of the reporting period end date. 1 Ob Cash Disbursements Enter the cumulative amount of Federal fund disbursements (such as cash or checks) as oftbe reporting period end date. Disbursements are the sum ~f actual cash disbursements for direct charges fur goods and services, the .mount of indirect expenses charged to the award, and the amount of cash dvanees and payments made to subrecipients and contractors. For multiple grants, report each grant separately on the FFR Attachment. Fhe sum of the cumulative cash disbursements on the FFR Attachment aaust equal the amount entered on Line 10b, FFR. 10c Cash On Hand (Line 10a Enter the amount of Line 10a minus Line 1 Ob. This amount represents Minus Line 10b tmmediate cash needs. If more than three business lays of cash are on hand~ the Federal agency may require an explanation FFR Reporting Item Instructions Number on Line 12, Remarks, explaining why the drawdown was made ~rematurely or other reasons for the excess cash. Federal Expenditures and Unobligated Balance: Do not complete this section if reporting on multiple awards. I Od Total Federal Funds Enter the total Federal funds authorized as of the reporting period end Authorized :late. 10e Federal Share of Enter the amount of Federal fund expenditures. For reports prepared on a Expenditures :ash basis, expenditures are the sum of cash disbursements for direct :harges for property and services; the amount of indirect expense charged; :he value of third-party in-kind contributions applied; and the amount of :ash advance payments and payments made to subrecipients. For reports >repared on an accrual basis, expenditures are the sum of cash disbursements for direct charges for property and services; the amount of indirect expense incurred; the value of in-kind contributions applied; and the net increase or decrease in the amounts owed by the recipient for (1) goods and other property received; (2) services performed by employees, contractors, subrecipients, and other payees; and (3) programs for which ao current services or performance are required. Do not include program ~ncome expended in accordance with the deduction alternative, rebates, :efunds, or other credits. (Program income expended in accordance with he deduction alternative should be reported separately on Line 10o.) I Of Federal Share of ~Jnliquidated obligations on a cash basis are obligations incurred, but not LJnliquidated Obligations yet paid. On an accrual basis, they are obligations incurred, but for which an expenditure has not yet been recorded. Enter the Federal portion of unliquidated obligations. Those obligations include direct and indirect expenses incurred but not yet paid or charged to the award, including amounts due to subrecipients and contractors. On the final report, this line should be zero unless the awarding agency has provided other ~nstmctions. Do not include any amount in Line lOf that has been reported in Line loc. 9o not include any amount in Line l Of for a future commitment of funds ~such as a long-term contractj for which an obligation or expense has not been incurred I 0g Fotal Federal Share (Sum Enter the sum of Lines 10e and I Of. )fLines 10e and lOf) I Oh Unobligated Balance of Enter the amount of Line 10d minus Line 10g. Federal Funds (Line 1 Od Minus Line lOg) Recipient Shnre: Do not complete this section if reporting on multiple awards. 10i ¥otal Recipient Share ~Enter the total required recipient share for reporting period specified in P~equired line 9. The required recipient share should include all matching and cost sharing provided by recipients and third-party providers to meet the level required by the Federal agency. This amount should not include cost sharing and match amounts in excess of the amount required by the Federal agency (for example, cost overruns for which the recipient incurs additional expenses and~ therefore, contributes a greater level of cost FFR Reporting Item Instructions ~umber sharing or match than the level required by the Federal agency). 10j Recipient Share of Enter the recipient share of actual cash disbursements or outlays (less any Expenditures rebates, refunds, or other credits) including payments to subrecipients and contractors. This amount may include the value of allowable third party in-kind contributions and recipient share of program income used to finance the non-Federal share of the project or program. Note: On the final report this line should be equal to or greater than the amount of Line 10i. 1 Ok Remaining Recipient Share Enter the amount of Line 10i minus Line 10j. If recipient share in Line to be Provided (Line lot 10j is greater than the required match amount in Line l Oi, enter zero. Minus Linel 0j) Program Income: Do not complete this section if reporting on multiple awards. 101 Total Federal Program Enter the amount of Federal program income earned. Do not report any Income Earned program income here that is being allocated as part of the recipieat's cost ~haring amount included in Line 10j. lOrn Program Income Expended i Enter the amount of program income that was used to reduce the Federal in Accordance With the share of the total project costs. Deduction Alternative I On Program Income Expended Enter the amount of program income that was added to funds committed in Accordance With the :o the total project costs and expended to further eligible project or Addition Alternative ~rogram activities. I 0o [~nexpended Program Enter the amount of Line 101 minus Line 1 Om or Line 1 On. This amount Income (Line 101 Minus equals the program income that has been earned but not expended, as of [~ine 1 Om or Line l On) the reporting period end date. I 1 Indirect Expense: Complete this information only if required by the awarding agency and in ~ccordance with agency instructions. I la Fype of Rate(s) State whether indirect cost rate(s) is Provisional, Predetermined, Final, or Fixed. 11 b Rate Enter the indirect cost rate(s) in effect during the reporting period. 11 c Period From; Period To Enter the beginning and ending effective dates for the rate(s). I 1 d Base Enter the amount of the base against which the rate(s) was applied. I I e Amount Charged Enter the amount of indirect costs charged during the time period specified. (Multiply I lb. x 1 ld.) 11 f Federal Share Enter the Federal share of the amount in 11 e. lg Totals Enter the totals for columns lid, lie, and llf. Remarks, Certification, and Agency Use Only 12 Remarks Enter any explanations or additional information required by the Federal ;ponsoring agency including excess cash as stated in line 10c. 13a Typed or Printed Name anc Enter the name and title oftbe authorized certifying official. Title of Authorized Eertifying Official 13b Signature of Authorized ne authorized certifying official must sign here. Eertifying Official 13c Felephone (Area Code, Enter the telephone number (including area code and extension) of the Number and Extension) ndividual listed in Line 13a. 13d E-mail Address Enter the e-mail address of the individual listed in Line 13a. FFR Reporting Item Instructions ~lumber [3e Date Report Submitted Enter the date the FFR is submitted to the Federal agency using the (Month, Day, Year) a~onth, day, year format. 14 Agency Use Only Yhis section is reserved for Federal agency use. Line Item Instructions for the Federal Financial Report Attachment (To be completed if reporting on cash mana ement activit,, for multi [lox Reporting Item Instructions Number Federal Agency and Enter the nm-ne of the Federal agency and organizational element Organizational Element to identified in the award document or otherwise instructed by the agency. Which Report is Submitted This information should be identical to that entered in Box 1, FFR.) 2 Recipient Organization Enter the name and complete address of the recipient organization ncluding zip code. (Same information as entered in Box 3, FFR.) ~a DUNS Number Enter the recipient organization's Data Universal Numbering System (DUNS) number or Central Contract Registry extended DUNS number. Same information as entered in Box 4a, FFR.) 3b EIN Enter the recipient organization's Employer Identification Number (EIN). Same information as entered in Box 4b, FFR.) 4 Reporting Period End Date Enter the ending date of the reporting period of this report. (Same IMonth, Day, Year) nformation as entered in Box 9, FFR.) 5 Federal Grant Number Enter the grant number assigned to each award by the Federal agency. Recipient Account Number Enter the account number or any other identifying number assigned by the recipient to each award. This number is for the recipient's use only and is not required by the Federal agency. Cumulative Federal Cash Enter the cumulative amount of the Federal share of cash disbursed for Disbursement ~ach award. Cash disbursements are the sum of actual cash disbursements 'or direct charges for goods and services, the amount of indirect expenses charged to the award, and the amount of cash advances and payments made to subrecipients and contractors. ' Fotal Enter the total for the Cumulative Cash Disbursement. This column should equal the amount reported on Line 10b, FFR.