North American Wetlands Conservation Act and Neotropical Migratory Brid Conservation Act January 2006

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U.S. GRANT ADMINISTRATION STANDARDS - JANUARY 2006 North American Wetlands Conservation Act and Neotropical Migratory Bird Conservation Act (4) violation of a material provision of a voluntary exclusion agreement entered into under 43 CFR 12.315 or of any settlement of a debarment or suspension action; or (5) violation of any requirements of the drug -free workplace requirements for grants, relating to providing a drug -free workplace, as set forth in 43 CFR 12.615. (d) Any other cause of so serious or compelling a nature that it affects the present responsibility of a person. I -7 What happens if the Recipient does not submit a Financial Status Report or a Performance Report by the due date? Failure to submit a timely report constitutes noncompliance with the Grant Agreement and can result, after notification by FWS, in consequences described in Section I -3. I -8 What are the penalties for an unpaid debt to the FWS? Unless otherwise established in a Treasury -State agreement, contract, repayment agreement, or by statute, the FWS will charge a penalty, pursuant to 31 U.S.C. 3717(e)(2), not to exceed six percent a year on the amount due on a debt that is delinquent for more than 90 days. This charge will accrue from the date of delinquency, which will generally be 30 days from the date that the demand letter is mailed or hand delivered. J. AUDITS AND MONITORING J -1 Must the Recipient or subrecipient arrange for an annual audit of Project expenditures? Recipient or subrecipients must have a single or program- specific audit if they expend $500,000 or more in a year in Federal awards and are agencies or instrumentalities of States, Federally- recognized Tribes, or local government, or nonprofit institutions of higher education, nonprofit hospitals, or other nonprofit organizations. The audit must be conducted by an independent auditor for that year, and it must be in accordance with OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations." J -2 May the FWS conduct its own audit of a NAWCA- or NMBCA- funded project? The FWS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives have the right of timely and unrestricted access to any books, documents, papers, or other records of Recipient or subrecipients that are pertinent to the awards, in order to make audits, examinations, excerpts, transcripts and copies of such documents. In the case of Recipient or subrecipients that are institutions of higher education, hospitals, and other nonprofit organizations, this right also includes timely and reasonable access to a Recipient or subrecipient's personnel for the purpose of interview and discussion related to such documents. For all Recipient or subrecipients, the rights of access in this paragraph are not limited to the required retention period for 23