1. Federal nexus significant financial assistance for restoration, maintenance, or PILT:  Currently, 50 CFR 80.134 describes requirements for State agencies to use lands acquired and capital improvements constructed with WSFR funds for their authorized purpose.  In the case of capital improvements, this is for the useful life of the improvement, and for land acquisition this can be in perpetuity. There are no requirements for States to ensure that license-acquired lands that are restored or maintained with WSFR grant funds continue to serve WSFR grant purposes after the period of performance of the restoration or maintenance grant. Same goes for lands that receive significant grant funding for PILT payments.  Consider requiring something similar to a recorded Notice of Federal Participation on these WSFR-managed and maintained lands.  A threshold would be needed to determine at what point a "Federal nexus" is created.  (80)  (This issue is carried over from the June 29 real property webinar wherein we discussed all real property-related issues but this one.)
  2. Federal share and recipient share of proceeds from disposition of property: Clarify that the Federal share and recipient share are determined by the overall percentage of Federal and State funds in the financially assisted project, NOT the Federal and State share of the funds used to purchase a specific parcel.  This is based on informal advice from the Solicitor’s Office. (75)
  3. Financial Systems and program income: See Region 3's comment on page 14 about financial management systems that are incapable of accounting for program income. Additionally, 2 CFR 200.302(b)(3) requires that recipients’ financial management systems must contain information on “income” among other things. (75)
  4. Incurring costs before period of performance:  Make 50 CFR 80.94(b)(6) consistent with the wording of the proposed 520 FW 8.20.  This would require the applicant to obtain our concurrence that entering into a preaward contractual commitment to buy real property is necessary to take advantage of temporary circumstances favorable to the project or to meet legal deadlines. (75)
  5. Using Federal rate schedules to determine reimbursement for equipment use:  State in regulation that applicants cannot use IRS and FEMA rate schedules to determine reimbursement for equipment use. (75)
  6. Budget information in applications. Review 50 CFR 80.82(c)(9), Budget Narrative, for any needed modification. Require the applicant to state how it determined indirect costs, i.e., is the applicant using the de minimis 10 percent rate or a negotiated rate. Require the submission of the recipient’s and any subrecipients’ current negotiated indirect cost agreement. Require the use of the SF 424 A and C. Require the applicant to supplement SF 424 C with an indirect-cost calculation in the Budget Narrative. Determine which budget categories on the SF 424 A and C are unnecessary. (75)
  7. Budget changes: Consider the new language of 2 CFR 200.308(e) which provides the option of restricting “the transfer of funds among direct-cost categories or programs, functions, and activities for Federal awards in which the Federal share of the project exceeds [$150,000] and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by the Federal awarding agency.” This new language requires a restatement of the policies in Service Manual chapter 522 FW 23 to achieve the same result as the chapter.  See the June 2013 Inspector General’s audit of the Coastal Impact Assessment program, recommendation #4 pp. 8 and 42. (75) Refer to the JTF-recommended chapter 522 FW 23, Budget Changes in FA Grants for more information.
  8. Advance of funds: State how long you can keep an advance of funds before having to return it. Treasury set a 7-day limit for refunding drawdowns more than $10,000 in excess of immediate disbursement needs.  It also set a 30-day limit for refunding drawdowns less than $10,000 in excess of immediate disbursement needs (I TFRM 6-2010).  Determine if these time limits apply to WSFR grant programs.  If so, the Appendix may be the appropriate place to state these requirements? 

 

Regulation Webinar Information

Call-In Information for all of the Webinars is:

Start Time for All Webinars: 1;00 PM EDT (Please allot 1:30 hours for the call)

Date: August 5, 2015

Dial-in Conference Audio: 1-866-560-8092

Participant Code: 16426765

To join the meeting: http://wsfr.adobeconnect.com/policy/

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