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 Create wetlands (wetland creation) means to manipulate through design, construction and management, the physical, chemical, and/or biological characteristics of a site to produce and sustain a wetland that did not previously exist there. Such establishment results in a gain in wetland acres. Debarment means an action taken by an authorized official in accordance with the regulations in 43 CFR 12 subpart D to exclude a person from Federal financial and non - financial assistance and benefits under Federal programs and activities. Debarment by any agency has government -wide effect. A person within the context of this definition is an individual, corporation, partnership, association, unit of government or legal entity, however organized, except: foreign governments or foreign governmental entities, public international organizations, foreign government owned (in whole or in part) or controlled entities, and entities consisting wholly or partially of foreign governments or foreign governmental entities. Direct costs are those costs necessary to meet a project's specific objectives, including conservation project activities and directly allocable administrative costs. See indirect costs. Electronic funds transfer process means any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. All Federal payments made by an agency shall be made by electronic funds transfer when possible. Eligible cost means a cost that can be reimbursed with Federal grant and/or matching funds or accepted as a matching in -kind contribution as a result of policy established by the North American Wetlands Conservation Council. Encumber real property means to attach a claim, liability, or some other right to real property and make it binding on the same. An encumbrance may burden or lessen the value of the real property or obstruct or impair its use. It does not necessarily prevent transfer of title. Enhance habitat means to modify or rehabilitate an existing or degraded habitat to meet project objectives without bringing it to a fully restored or naturally occurring condition. Equipment means tangible non - expendable personal property, including exempt property charged directly to the award, having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. However, consistent with recipient policy, lower limits may be established. Federal assistance is the transfer of money, property, services, or anything of value from the United States government to a Recipient to accomplish a public purpose of support or stimulation authorized by a Federal statute. Federal Cash Transactions are grant fund receipts and expenditures reportable on the SF -272, required only if Recipient opts to receive advances of grant funds. Funding period means the period of time established in the Grant Agreement when Federal funding is available for obligation by the Recipient. The funding period begins on the first day during which the Recipient may request an advance of funds or a reimbursement. It ends on the last day that the Recipient may incur costs for the project. For purposes of these Standards, the funding period means the same as "project period," "grant period," or the "period of performance ". FWS means the United States Fish and Wildlife Service, an agency of the Department of the Interior. Grant Agreement may be a grant or cooperative agreement, and consists of a signed Assistance Award and incorporated provisions, the Recipient's project proposal, and the Recipient's signed SF -424 including required certifications and assurances. It is the legal instrument used to document a type of relationship between FWS and a Recipient of an award under NAWCA or NMBCA. 29