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 Appendix B Definitions These definitions are for the purpose of these Standards as applied to the NAWCA and NMBCA Grants Programs. Many of the terms are also defined in the statutes, regulations, and OMB Circulars applicable to Federal Assistance, and some of these are repeated verbatim below for convenience. Some, however, are clarified for the context of the NAWCA and NMBCA Grants Programs. Others are technical terms that are not defined in any of the applicable laws or regulations. Still others are acronyms or common words with specific meaning in the context of the Standards. Acquisition means the voluntary purchase, donation, or transfer of any or all of a real property interest by means of a written deed, easement, lease assignment, or other legal instrument. Allocable means capable of being distributed to a grant in accordance with the relative benefits received. It is allocable to a grant if it is treated consistently with other costs incurred for the same purpose in like circumstances. It must also meet one of the following criteria: (a) it is incurred specifically for the award; (b) it benefits both the award and other work and can be distributed in reasonable proportion to the benefits received; or (c) it is necessary to the overall operation of the organization although a direct relationship to any particular cost objective cannot be shown. Any cost allocable to a particular award or other cost objective under these principles may not be shifted to other Federal awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the terms of the award. Applicant is any entity that has applied for a NAWCA or NMBCA grant by submitting a Proposal. Assistance Award is the instrument used by FWS to financially obligate grant funds under NAWCA or NMBCA, and is included in the Grant Agreement. Award means Federal financial assistance to an eligible recipient for the purpose of providing support or stimulation to accomplish a public purpose. An award occurs when an authorized representative of the FWS signs the Grant Agreement. Bargain sale is a voluntary transfer of some interest in real property for less than the market value of that interest. Buyer means (for purposes of land acquisition under a NAWCA grant) the entity that is purchasing some or all of the interests or rights in a specific tract of land. CFR means the Code of Federal Regulations. Construction means the erection, assembly, installation, alteration, demolition, destruction, removal, or repair (including dredging, excavating, and painting) of buildings, structures, and other improvements of real property of all types. Land acquisition and land development are also classified as construction. Almost all restoration, enhancement, and wetland creation activities in a NAWCA- or NMBCA- funded project result in soil disturbance, either directly or indirectly, and can be categorized as conservation - oriented construction. Cooperative agreement, like a grant, is a legal instrument documenting the relationship between the FWS and a grant recipient. However, in a cooperative agreement, the Service is substantially involved in the grant activities. For purposes of these Standards, the term Grant Agreement includes cooperative agreements.