50 CFR § 82.1 - 82.21 - Administrative Procedures for Grants-in-Aid (Marine Mammal Protection Act of 1972)

649 U.S. Fish and Wildlife Serv., Interior § 82.1 Federal laws, regulations, and require ments as they relate to the applica tion, acceptance, and use of Federal funds for projects under the Act in ac cordance with Office of Management and Budget Circular A–102. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979] § 81.10 Submission of documents. Papers and documents required by the Act or by regulations in this part shall be deemed submitted to the Sec retary from the date of receipt by the Director of the U.S. Fish and Wildlife Service. § 81.11 Divergent opinions over project merits. Any difference of opinion about the substantiality of a proposed project or appraised value of land to be acquired are considered by qualified representa tives of the Secretary and the State. Final determination in the event of continued disagreement rests with the Secretary. § 81.12 Contracts. The State may use its own regula tions in obtaining services providing that they adhere to Federal laws and the requirements provided by Office of Management and Budget Circular A– 102. The State is the responsible au thority without recourse to the Sec retary regarding settlement of contrac tual issues. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979] § 81.13 Inspection. Supervision of each project by the State shall include adequate and con tinuous inspection. The project will be subject to periodic Federal inspection. § 81.14 Comprehensive plan alter native. In the event that the State elects to operate under a comprehensive fish and wildlife resource planning system, the Cooperative Agreement will be an at tachment to the plan. No Application for Federal Assistance will be required since the documentation will be incor porated in the plan. However, the con tinued existence of the comprehensive plan, and Federal financing thereunder, will be contingent upon the continued existence of the Cooperative Agree ment described in § 81.3, above. § 81.15 Audits. The State is required to conduct an audit at least every two years in ac cordance with the provisions of Attach ment P of OMB Circular A–102. Failure to conduct audits as required may re sult in withholding of grant payments or such other sanctions as the Sec retary may deem appropriate. [49 FR 30074, July 26, 1984] PART 82—ADMINISTRATIVE PROCE DURES FOR GRANTS-IN-AID (MA RINE MAMMAL PROTECTION ACT OF 1972) Subpart A—Introduction Sec. 82.1 Scope of regulations. 82.2 Purpose of regulations. 82.3 Supplementary information and proce dures. 82.4 Authority. 82.5 Definitions. Subpart B—Application for Grants 82.6 Submission of proposals. 82.7 Coordination with States. Subpart C—Administration 82.8 Prosecution of work. 82.9 General information for the Secretary. 82.10 Payments to grantee. 82.11 Forms of vouchers. 82.12 Permit requirements. 82.13 Ownership of property. 82.14 Inspection and audit. 82.15 Record retention. 82.16 Reporting. 82.17 Procurement. 82.18 Officials not to benefit. 82.19 Patents and inventions. 82.20 Civil rights. 82.21 Copyrights. AUTHORITY: 16 U.S.C. 1361–1407, 86 Stat. 1027. SOURCE: 40 FR 23281, May 29, 1975, unless otherwise noted. Subpart A—Introduction § 82.1 Scope of regulations. The regulations in this part are issued, pursuant to the authority of the VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00659 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 650 50 CFR Ch. I (10–1–22 Edition) § 82.2 Secretary in section 1380 of the Marine Mammal Protection Act, 16 U.S.C. 1361–1407 (Supp. II 1972), to provide pro cedures for the submission and review of applications and the award and ad ministration of research grants, or other forms of financial assistance, to Federal or state agencies, public or pri vate institutions, or other persons in cluding any foreign governments for research relevant to the protection and conservation of marine mammals. § 82.2 Purpose of regulations. The Marine Mammal Protection Act of 1972 (Pub. L. 92–552) authorizes ap propriations, and confers authority upon the Secretary, subject to such terms and conditions as he deems nec essary, and after review by the Marine Mammal Commission, to make grants, or provide other forms of financial as sistance, for the purpose of under taking research relevant to the protec tion and conservation of marine mam mals. Research initiated pursuant to this authorization is to be directed to ward increasing the available knowl edge of the ecology and population dy namics of marine mammals and of the factors which bear upon their ability to reproduce themselves successfully, which information may be used for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at the optimum carrying capacity of their habitat. § 82.3 Supplementary information and procedures. The regulations in this part are in tended to provide for the maximum flexiblity and simplicity in the applica tion and award of grants or other fi nancial assistance and the minimum amount of Federal control in the con duct of the research and supervision of Federal funds, consistent with the an ticipated level of appropriated funds and demand for such funds. With re spect to grants to state or local gov ernments these regulations are in tended to implement and be read as consistent with Federal Management Circular 74–7, ‘‘Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments,’’ (FMC 74–7) 34 CFR part 256, 39 FR 35787–35796, October 4, 1974, unless specifically noted otherwise. The standards and procedures set forth therein, and other referenced Federal management circu lars, will, to the extent practical, gov ern other forms of financial assistance to state and local governments, public and private institutions and persons as well as grants to such institutions and persons. Other Federal regulations and sources of guidance potential appli cants may find worthwhile to consult for information which may be helpful in applying and implementing research grants or other financial assistance under these regulations include: 34 CFR part 211, Cost Sharing on Federal Research (FMC 73–3); 34 CFR part 251, Audit of Federal Operations and Pro grams by Executive Branch Agencies, superseding OMB Circular No. A–73, dated August 4, 1965; 34 CFR part 252, Coordinating Indirect Cost Rates and Audit at Educational Institutions, (FMC 73–6); 34 CFR part 253, Adminis tration of College and University Grants (FMC 73–7); 34 CFR part 254, Cost Principles for Educational Insti tutions (FMC 73–8); FMC 74–4, Cost Principles under Grants to State and Local Governments. § 82.4 Authority. The Secretary of the Interior has del egated to the Director, Fish and Wild life Service, his authority under the Marine Mammal Protection Act to enter into grants or other forms of fi nancial assistance for research rel evant to the protection and conserva tion of marine mammals covered by the Act excluding the order Cetacea and members, other than walruses, of the order Pinnipedia. § 82.5 Definitions. As used in this part, terms shall have the meanings ascribed in this section. (a) Act means the Marine Mammal Protection Act of 1972, 16 U.S.C. 1361– 1407. (b) Cooperative Agreement means the properly signed documentation, includ ing the Application for Federal Assist ance, which describes the project goals, the time schedule for achieving them, the estimated expenses to be incurred and the terms and conditions under which the research will be conducted, VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00660 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 651 U.S. Fish and Wildlife Serv., Interior § 82.7 the totality of which constitutes the legally binding instrument between the Secretary and the grantee. (c) Grantee means (1) any private per son or entity, or (2) any officer, em ployee, agent, department, or instru mentality of the Federal Government, or any state or political subdivision thereof or any foreign government, participating in a cooperative agree ment with the Secretary. (d) Marine Mammal means any speci men of the following species, whether alive or dead, or any part thereof, in cluding but not limited to, any raw, dressed, or dyed fur or skin: Scientific name Common name Ursus maritimus ............................ Polar bear. Enhydra lutris ................................ Sea Otter. Odobenus rosmarus ..................... Walrus. Dugong dugong ............................ Dugong. Trichechus inunquis ...................... West Indian manatee. Trichechus manatus ..................... West African manatee. Trichechus senegalensis .............. Amazonian manatee. NOTE: Common names given may be at variance with local usage; they are not required to be provided by the Act, and they have no legal significance. (e) Non-Federal interest means any or ganization, association, institution, business, school, individual or group of individuals, state agency, munici pality, or others outside the Federal Government which desires to partici pate within the terms of the Act. (f) Project means any program for which an Application for Federal As sistance and a cooperative agreement have been approved and which provides for research in subjects which are rel evant to the protection and conserva tion of marine mammals. (g) Secretary means the Secretary of the Interior or his delegated represent ative. (h) State means the several states, the District of Columbia, the Common wealth of Puerto Rico, the Canal Zone, the possessions of the United States, and the Trust Territory of the Pacific Islands. (i) State agency means any depart ment(s), commission(s), or officials(s), of a state empowered under its laws to administer the state program for ma rine mammals. Subpart B—Application for Grants § 82.6 Submission of proposals. (a) Preapplication forms may be sub mitted by any potential grantee in order to (1) establish communication between the Fish and Wildlife Service and the applicant; (2) to determine the applicant’s eligibility; (3) determine how well the project can compete with applications from others; and (4) elimi nate any proposals which have little or no chance for Federal funding before the applicant incurs significant ex penditures for preparing an applica tion. A notice of review action will be sent to the applicant within 45 days of the receipt of the preapplication form informing the applicant of the results of the review of the preapplication form. If the review cannot be com pleted within 45 days, the applicant will be informed by letter as to when the review will be completed. (b) An Application for Federal Assist ance for non-construction shall be sub mitted by all applicants for grants, however, an Application for Federal Assistance—Short Form may be uti lized for single purpose and one-time grant applications for less than $10,000 not requiring clearing house approval, an environmental impact statement, or the relocation of persons, businesses, or farms. (c) Copies of the applications de scribed in paragraphs (a) and (b) of this section may be obtained from the Fed eral Aid Coordinator, State Fish and Game Agency, and the Director, U.S. Fish and Wildlife (Attention: Division of Cooperative Research), Washington, DC 20240. An original and two copies of the appropriate application forms should be submitted to the Director at this address. In order to allow suffi cient time for processing, the Federal Assistance Application must be sub mitted by September 1 of the year pre ceding the fiscal year in which the re search is contemplated. Any requests by grantees for changes, continuations, and supplements to approved grants must be submitted on the same form as the original application. § 82.7 Coordination with States. If the proposed project is to be con ducted within the territorial limits of a VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00661 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 652 50 CFR Ch. I (10–1–22 Edition) § 82.8 state, the Secretary shall not enter into an agreement with a non-Federal interest other than a State without first consulting with the State agency. Subpart C—Administration § 82.8 Prosecution of work. (a) The grantee shall pursue the agreed-upon objectives expeditiously, adhering to the procedures set forth in the Cooperative Agreement. Failure to do so or failure to provide timely and adequate reports shall be cause for the Secretary to withhold further reim bursements to the grantee until project commitments are satisfactorily met. All further disbursement of funds under the cooperative agreement may be terminated upon determination by the Secretary that satisfactory progress has not been maintained. (b) All work shall be performed in ac cordance with applicable Federal, state, and local laws, including safety, health and sanitation laws, except that when state and local laws are in con flict with Federal laws or regulations, such Federal laws or regulations shall prevail. § 82.9 General information for the Sec retary. Before any Federal funds may be ob ligated for any project the grantee shall furnish to the Director such in formation regarding the authority of the grantee to participate in the bene fits of the Act, such information of the type described in FMC 74–7 Attachment G, concerning the system to be used by the grantee for the financial manage ment of grant funds, the state laws af fecting marine mammals, and such other information as the Director may request. (a) Document signature. The Applica tion for Federal Assistance and the Co operative Agreement must bear the signature of an official who is legally authorized to commit the prospective grantee to expediture of funds. The Secretary may, from time to time, re quest, and grantee shall furnish, infor mation relating to the administration and maintenance of any project estab lished under the Act. (b) [Reserved] § 82.10 Payments to grantee. Payments may be requested by the grantee at intervals of not less than 30 days as work described in the coopera tive agreement progresses. § 82.11 Forms of vouchers. Vouchers, on forms provided by the Secretary, showing amounts expended on each project, and the Federal por tion claimed to be due on account thereof, shall be certified and sub mitted to the Director by the grantee. § 82.12 Permit requirements. No work shall commence on a pro posal funded under the provisions of 16 U.S.C. 1380 until all appropriate State and Federal permits have been applied for and issued. § 82.13 Ownership of property. When property is acquired pursuant to the provisions of the Act, title to such property or interests therein shall be vested in the grantee as long as the property is used for the authorized pur pose. When the property is no longer needed for such purpose, the Director and the grantee shall mutually agree regarding the assignment of title and any compensations consistent with the terms of Federal Management Circular 74–7 or other appropriate referenced Federal Management Circulars cited in § 82.3 of this part. § 82.14 Inspection and audit. (a) Supervision of each project shall be as specified in the initial coopera tive agreement and shall include ade quate and continuous inspection by the grantee. The project will be subject at all reasonable times to Federal inspec tion. The Director and the Comptroller General of the United States, or their duly authorized representatives, shall be given access by the grantee during regular business hours to any books, documents, papers, and records of the grantee which are pertinent to the project for the purposes of making audit, examination, excerpts, and tran scripts. (b) The State is required to conduct an audit at least every two years in ac cordance with the provisions of Attach ment P of OMB Circular A–102. Failure VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00662 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 653 U.S. Fish and Wildlife Serv., Interior Pt. 84 to conduct audits as required may re sult in withholding of grant payments of such other sanctions as the Sec retary may deem appropriate. [40 FR 23281, May 29, 1975, as amended at 49 FR 30074, July 26, 1984] § 82.15 Record retention. All records of accounts, and reports, with supporting documentation there to, will be maintained by the grantee for a period of three years after sub mission of the final expenditure report, with the qualifications stated in FMC 74–7, Attachment C, paragraph 1. § 82.16 Reporting. Performance reports and other speci fied reports shall be submitted to the Secretary by the grantee in accordance with requirements prescribed by FMC 74–7 or other appropriate referenced Federal Management Circulars cited in § 82.3 of this part. § 82.17 Procurement. Grantees may use their own procure ment regulations which reflect applica ble State and local laws, rules, and reg ulations, provided that procurements made with funds under the Act adhere to the standards set forth in FMC 74–7 or other appropriate referenced Federal Management Circulars cited in § 82.3 of this part. § 82.18 Officials not to benefit. No member of, or delegate to, Con gress, or Resident Commissioner, shall be admitted to any share or any part of an agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to an agreement made with a corporation for its general benefit. § 82.19 Patents and inventions. Determination of the patent rights in any inventions or discoveries resulting from work under cooperative agree ments entered into pursuant to the Act shall be governed by the ‘‘Government Patent Policy,’’ President’s Memo randum for Heads of Executive Depart ments and Agencies, August 23, 1971, and statement of government patent policy as printed in 36 FR 16889. § 82.20 Civil rights. Each cooperative agreement shall be supported by a statement of assurance executed by the grantee providing that the project will be carried out in ac cordance with title VI, non-discrimina tion in federally assisted programs, of the Civil Rights Act of 1964, 42 U.S.C. 2000d–2000d–4, and with the Secretary’s regulations promulgated thereunder, 43 CFR part 17. § 82.21 Copyrights. Where research conducted under a grant issued pursuant to this part re sults in a book or other copyrightable material, the author or grantee, sub ject to the terms of the Cooperative Agreement, is encouraged to publish the work, but the Department of the Interior reserves a royalty free, non exclusive and irrevocable license to re produce, publish, or otherwise use, and to authorize others to use the work for Government purposes. Any publication by the grantee must bear in an appro priate place an acknowledgment of grant support under the Marine Mam mal Act from the Department of the Interior. In addition, any publication must include a statement that the findings, conclusions, etc., do not nec essarily represent the views of the De partment of the Interior. At least two copies of any printed publications must be furnished to the U.S. Fish and Wild life Service. PART 83 [RESERVED] PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM Subpart A—General Background Sec. 84.10 What is the purpose and scope of this rule? 84.11 How does the Service define the terms used in this rule? 84.12 What are the information collection, record keeping, and reporting require ments? Subpart B—Applying for Grants 84.20 What are the grant eligibility require ments? VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00663 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R