9 - Miscellaneous issues for further discussion - Wednesday, September 23

1. Davis-Bacon Act: Address Davis-Bacon in the appendix (contacted DOL on 4/30 to discuss discrepancies between our guidance, 1992 SOL opinion, and what’s on the DOL web site. (75)
2. Administrative funds: Clarify, where necessary, 16 U.S.C. 669h(a) and 16 U.S.C. 777h(a), both of which are titled Authorized expenses for administration, especially outreach and the 20-hour minimum for students. The content on outreach will have to await the completion of an opinion from the General Law section of the Solicitor’s Office. (80)
3. License certification (80). The JTF is deliberating on this issue. We should consider the JTF’s recommendations before proposing any changes in 50 CFR 80.
4. Symbols: State in a new section of 50 CFR 80, at the appropriate subpart, that a manufacturer or importer of items subject to the excise tax that supports the Trust Funds does not need to enter into a formal agreement to use the program symbols (logos). This is consistent with the last sentence of the document titled Wildlife and Sport Fish Restoration Symbols, which is on the WSFR Tool Kit under General Guidance (80).
5. Buy American Act(41 U.S.C. §8301-8305): Address the Buy American Act in the appendix. – Unless there is new information, we will avoid duplication of what is at 2 CFR 200 now. (75)
6. Wildlife damage control: Incorporate into regulation the wildlife damage control sections and possibly other elements of 522 FW 1, FA in Wildlife Restoration, and 522 FW 2, FA in Sport Fish Restoration. (80)
7. Treasury/State agreements: Explain in a general way the potential implications of a Treasury/State agreement (see 31 CFR 205, subpart A). (75)
8. Convict labor:  State the conditions under which convict labor (peonage) may be used on a project.  See 519 FW 1, Compliance Requirements Summary, section 2g. (75)

519 FW 2 "Contracted-out convict labor is prohibited on WSFR-funded projects unless workers are either paid or they voluntarily enroll in an approved work-training program."

      9. Profit: Address the implications of 2 CFR 200.400(g), which reads: “The non-Federal entity may not earn or keep any profit resulting from Federal financial assistance, unless expressly authorized by the terms and conditions of the Federal                award.” Does the disposition of gas, oil, and other minerals from lands acquired with financial assistance constitute a profit? (75)

     10.Patent rights: Address patent rights in the appendix (see 37 CFR 401). (75)

    11. Useful life: 50 CFR 80.82 (c)(5) Consider putting in the appendix a reference to a method that is based on professional engineering input. (75)

    12. Fee title vs fee simple: 50 CFR 80.130(c) and 80.132 use fee title, and other sections use fee simple. Standardize the use of these terms.  (80)

    13. Definitions in 50 CFR 80 vs real property chapers: Standardize the definitions in the proposed 520 FW 6 [the first real property chapter] and 50 CFR 80. (80)

    14. Risk assessments: Implement 2 CFR 200.205(b): “…[F]or competitive awards or cooperative agreements, the Federal awarding agency must have in place a framework for evaluating the risks posed by applicants before they receive                      Federal awards. …” Presumably this should include risk assessments of subrecipients. (The WSFR FAPO branch may have already developed something for Servicewide application.) See CIAP audit recommendation summary #4 p. 42 and            p. 8 connected with risk assessment. (75)

    15. Sole source: Address competition and sole source and provide criteria for documentation.  Address the need to select appraisers competitively. See the Inspector General’s June 2013 audit of the Coastal Impact Assessment Program, pp 26,          27, and 47 in the audit. (75)

    16. Financial management systems: Address the implications of 2 CFR 200.302, which says that  States must follow their own laws and procedures to account for grant funds. (75)