cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:9.0.1.5.27.1.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.10 What is the purpose and scope of this rule? | FWS | The regulations in this part establish the requirements for coastal State participation in the National Coastal Wetlands Conservation Grant Program authorized by Section 305 of the Coastal Wetlands Planning, Protection and Restoration Act (Pub L. 101-646, title III; 16 U.S.C. 3954). The primary goal of the National Coastal Wetlands Conservation Grant Program is the long-term conservation of coastal wetlands ecosystems. It accomplishes this by helping States protect, restore, and enhance their coastal habitats through a competitive grants program. Results are measured in acres protected, restored, and enhanced. | ||||
| 50:50:9.0.1.5.27.1.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.11 How does the Service define the terms used in this rule? | FWS | Terms used have the following meaning in this part: Coastal barrier. A depositional geologic feature that is subject to wave, tidal, and wind energies; protects landward aquatic habitats from direct wave attack; and includes all associated aquatic habitats such as adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. These can include islands; spits of land connected to a mainland at one end; sand bars that connect two headlands and enclose aquatic habitat; broad, sandy, dune beaches; or fringing mangroves. Coastal barriers are found on coastlines including major embayments and the Great Lakes of the United States and its territories. Coastal Barrier Resources System. A defined set of undeveloped coastal areas, designated by the Coastal Barrier Resources Act of 1982 (Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591). Within these defined units of the System, Federal expenditures are restricted to discourage development of coastal barriers. Coastal States. States bordering the Great Lakes (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin); States bordering the Atlantic, Gulf (except Louisiana), and Pacific coasts (Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington); and American Samoa, Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the Virgin Islands. (Louisiana is not included because it has its own wetlands conservation program authorized by the Coastal Wetlands Planning, Protection and Restoration Act and implemented by the Corps of Engineers with assistance from the State of Louisiana, the Environmental Protection Agency, and the Departments of the Interior, Agriculture, and Commerce.) Coastal wetland ecosystems. Ecosystems that consist of multiple, interrelated coastal land features. They include wetlands in… | ||||
| 50:50:9.0.1.5.27.1.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | A | Subpart A—General Background | § 84.12 What are the information collection, record keeping, and reporting requirements? | FWS | (a) Information collection requirements include: (1) An Application for Federal Assistance (Standard Form 424); (2) A proposal, following the guidance of OMB Circular A-102 and the Federal Aid Grant Application Booklet (OMB Control Number 1018-0109), that includes statements of need and objective(s); a description of expected results or benefits; the approach to be used, such as procedures, schedules, key personnel and cooperators, location of the proposed action, and estimated costs to accomplish the objective(s); identification of any other actions that may relate to the grant; and a description of public involvement and interagency coordination; (3) Discussion of ranking criteria, including a completed summary information form (USFWS Form 3-2179); (4) Assurances of compliance with all applicable Federal laws, regulations, and policies (SF 424B or SF 424D); and (5) Documents, as appropriate, supporting the proposal; for example, environmental assessments (including the NEPA compliance checklist, USFWS Form 3-2185) and evaluations of effects on threatened and endangered species. (6) A grant agreement form if the proposal is selected for an award (USFWS Form 3-1552); and (7) A grant amendment form if the agreement is modified (USFWS Form 3-1591). (b) Record-keeping requirements include the tracking of costs and accomplishments related to the grant as required by 43 CFR 12.60, monitoring and reporting program performance (43 CFR 12.80), and financial reporting (43 CFR 12.81). The project report should include information about the acres conserved, with a breakdown by conservation method (for example, acquired, restored, or both) and type of habitat (list habitat types and include the acreage of each). Are the results of the project being monitored? Is there evidence that the resources targeted in the proposal (for example, anadromous fish, threatened and endangered species, and migratory birds) have benefited? (c) Reporting requirements include retention and access requirements as specified in 43 CFR 12.8… | ||||
| 50:50:9.0.1.5.27.2.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.20 What are the grant eligibility requirements? | FWS | (a) Eligible grant activities include: (1) Acquisition of a real property interest in coastal lands or waters from willing sellers or partners (coastal wetlands ecosystems), providing that the terms and conditions will ensure the real property will be administered for long-term conservation. (2) The restoration, enhancement, or management of coastal wetlands ecosystems, providing restoration, enhancement, or management will be administered for long-term conservation. (b) Ineligible activities include but are not limited to: (1) Projects that primarily benefit navigation, irrigation, flood control, or mariculture; (2) Acquisition, restoration, enhancement, or management of lands to mitigate recent or pending habitat losses resulting from the actions of agencies, organizations, companies, or individuals; (3) Creation of wetlands by humans where wetlands did not previously exist; (4) Enforcement of fish and wildlife laws and regulations, except when necessary for the accomplishment of approved project purposes; (5) Research; (6) Planning as a primary project focus (planning is allowable as a minimal component of project plan development); (7) Operations and maintenance; (8) Acquiring and/or restoring upper portions of watersheds where benefits to the coastal wetlands ecosystem are not significant and direct; and (9) Projects providing less than 20 years of conservation benefits. | ||||
| 50:50:9.0.1.5.27.2.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.21 How do I apply for a National Coastal Wetlands Conservation Grant? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013] | (a) Eligible applicants should submit their proposals to the appropriate Regional Director of the U.S. Fish and Wildlife Service. Proposals must be complete upon submission, and must include the information outlined in § 84.22 to be complete. (1) Service Regional Wildlife and Sport Fish Restoration Offices' responsibilities for administration of this grant program include: Notifying the States of the program, its requirements, and any changes that occur; determining the State agencies designated by the Governor as eligible applicants; ensuring that only eligible applicants apply for grants; coordinating with various Service programs to ensure that sound and consistent guidance is communicated to the States; determining proposal eligibility and substantiality; and determining 75 percent match eligibility and notifying the States of approved and disapproved proposals. (2) Service Divisions of Ecological Services in the regions and field and Fisheries and Habitat Conservation in the national office provide technical assistance and work with Wildlife and Sport Fish Restoration to encourage State participation in this process. (3) Send your proposal to “Regional Director (Attention: Wildlife and Sport Fish Restoration)” at the address of the appropriate regional office, as provided at 50 CFR 2.2. (b) The Program operates on an annual cycle. Regional Wildlife and Sport Fish Restoration Offices request proposals from the States in early April. Proposals must be received by the Regional Director on or before a due date set in early June in order to be considered for funding in the following fiscal year. Check with your Regional Office each year for the exact due dates. Regions review proposals for eligibility and substantiality. Regions may rank eligible and substantial proposals and submit them to the national office of the Service in Washington, DC, by a date set in late June. A Review Panel coordinated by the Service's National Office of Fisheries and Habitat Conservation reviews and ranks proposals in early Augus… | |||
| 50:50:9.0.1.5.27.2.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | B | Subpart B—Applying for Grants | § 84.22 What needs to be included in grant proposals? | FWS | Proposals must include the following: (a) Application for Federal Assistance (Standard Form 424); (b) A Statement of Assurances of compliance with applicable Federal laws, regulations, and policies (either Standard Form 424B or 424D); and (c) A project statement that identifies and describes: (1) The need within the purposes of the Act; (2) Discrete, quantifiable, and verifiable objective(s) to be accomplished during a specified time period; (3) Expected results or benefits, in terms of coastal lands and waters, the hydrology, water quality, or fish and wildlife dependent on the wetlands; (4) The approach to be used in meeting the objectives, including specific procedures, schedules, key personnel, and cooperators; (5) A project location, including two maps: A map of the State showing the general location of the proposal, and a map of the project site; (6) Estimated costs to attain the objective(s) (the various activities or components of each project should be broken down by cost and by cooperator); (7) If the request is more than $100,000 (Federal share), the applicant must submit a Form DI-2010, certifying that the grant money will not be used for lobbying activities; (8) A concise statement, with documentation, of how the proposal addresses each of the 13 numeric criteria including a summary using FWS Form No. 3-2179 (see § 84.32); (9) A description of the State trust fund that supports a request for a 75 percent Federal share in sufficient detail for the Service to make an eligibility determination, or a statement that eligibility has been previously approved and no change has occurred in the fund; (10) A list of other current coastal acquisition, restoration, enhancement, and management actions; agency(ies) involved; relationship to the proposed grant; and how the proposal fits into comprehensive natural resource plans for the area, if any; and (11) Public involvement or interagency coordination on coastal wetlands conservation projects that has occurred or is planned that relates to this prop… | ||||
| 50:50:9.0.1.5.27.3.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.30 How are projects selected for grants? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013] | Project selection is a three-step process: proposal acceptance, proposal ranking, and proposal selection. (a) Proposal acceptance. (1) The Regional Wildlife and Sport Fish Restoration Offices decide whether a proposal should be accepted for consideration by determining if the proposal is complete, substantial, and contains activities that are eligible. Proposals that do not qualify are immediately returned to the State. Revision and resubmission of returned proposals is allowable during this period, which is in June (check with your Regional Office for the exact dates each year). If any of the factors of completeness, substantiality, or eligibility are not met, the Regions should not forward the proposal to Headquarters. (2) To be considered for acceptance, the proposal must be substantial in character and design. A substantial proposal is one that: (i) Identifies and describes a need within the purposes of the Act; (ii) Identifies the objective to be accomplished based on the stated need; (iii) Uses accepted principles, sound design, and appropriate procedures; (iv) Provides public conservation benefits that are cost effective and long-term, i.e. , at least 20 years; and (v) Identifies obtainable, quantified performance measures (acres enhanced, restored, or protected) that help achieve the management goals and objectives of the National Coastal Wetlands Conservation Grant Program. Through this program, the States' efforts and leadership will help the Service meet its Long-Term and Annual Performance Goals as expressed in the Service's Annual Performance Plan. 1 1 The Service's Annual Performance Plan can be found on the Service's homepage at http://www./.fws.gov/r9gpra. For more information you might also contact the Budget Office at 202-208-4596 or the Planning and Evaluation Staff at 202-208-2549. (3) The grant limit is $1 million. Proposals requesting Program awards that exceed $1 million will be returned to the appropriate State. Similarly, individual projects that have clearly been divided… | |||
| 50:50:9.0.1.5.27.3.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.31 An overview of the ranking criteria. | FWS | (a) The primary objective of the proposal will be to acquire, restore, enhance, or manage coastal wetlands to benefit coastal wetlands and the hydrology, water quality, and fish and wildlife dependent upon them. The Program will not provide grants, for example, for construction or repair of boat ramps or docks for recreational purposes and construction or support of research facilities or activities. The purpose of the ranking criteria is to provide a means for selecting the best projects—those that produce the maximum benefits to coastal wetlands and the fish and wildlife that depend on them. (b) Proposal ranking factors —(1) Ranking criteria. As explained in § 84.32, we will evaluate proposals according to 13 ranking criteria. These criteria have varying point values. Proposals must address each of these 13 criteria. (2) Additional considerations. Even though the criteria provide the primary evaluation of proposals, we may factor additional considerations into the ranking decision at the national level. In case of a tie, we will use these additional considerations to rank proposals having identical scores. (c) The criteria in § 84.32 are not listed in priority order. (d) Points are assigned on the basis of a completed project, rather than current conditions, e.g., count 50 acres of estuarine emergent wetlands if 50 acres of that habitat type will be restored when the project is completed. (e) A range of points rather than a set point value allows the reviewer to distinguish between, for example, a proposal that provides some foraging habitat for a threatened species versus one that provides critical nesting habitat of several endangered species. Scoring guidance is included with the individual criteria. (f) A total of 64 points is possible under the scoring system. (g) If a grant proposal is not selected, the State may resubmit it for reconsideration in subsequent fiscal years. Resubmission of a grant proposal is the responsibility of the applicant. | ||||
| 50:50:9.0.1.5.27.3.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | C | Subpart C—Project Selection | § 84.32 What are the ranking criteria? | FWS | (a) The U.S. Fish and Wildlife Service will rank proposals using the 13 criteria listed below. In the following list, a description of each criterion is followed by examples and the points they would receive for that criterion. (1) Wetlands conservation. Will the project reverse coastal wetland loss or habitat degradation in decreasing or stable coastal wetland types? Will it conserve wetlands to prevent losses of decreasing or stable wetland types? (Maximum: 7 points) (i) The majority of the project area (over 50 percent) is nationally decreasing coastal wetland types, 2 or the majority is regionally decreasing wetlands types in which the case for regionally decreasing is well-documented (Up to 7 points). The nationally decreasing types are estuarine intertidal emergent; estuarine intertidal forested; estuarine intertidal scrub-shrub; marine intertidal; palustrine emergent; palustrine forested; and palustrine scrub-shrub. Describe the wetlands using terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in decreasing types. Provide National Wetlands Inventory codes/information if available. Information about these can be found on the National Wetland Inventory's web site at http://wetlands.fws.gov. 2 These designations are based on the National Wetlands Priority Conservation Plan. For more information about the plan, or to receive a copy of the document, refer to the contact information provided in § 84.21. (ii) The majority of the project area (over 50 percent) is nationally stable coastal wetlands types 2 (Up to 5 points). The nationally stable types are estuarine intertidal non-vegetated and estuarine subtidal. Describe the wetlands using the terms listed above. Include a breakdown showing the percentage of the proposal's total and wetland acreage in stable types. Provide National Wetlands Inventory codes/information if available. (iii) Wetlands benefited are less than 50 percent of the project area. (Up to 3 points) (iv) If the project wo… | ||||
| 50:50:9.0.1.5.27.4.37.1 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.40 What conditions must I follow to accept Federal grant money? | FWS | (a) The audit requirements for State and local governments (43 CFR part 12), and (b) The uniform administrative requirements for grants and cooperative agreements with State and local governments (43 CFR part 12). | ||||
| 50:50:9.0.1.5.27.4.37.10 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.49 What if the project costs more or less than originally expected? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013] | All requests for additional monies for approved coastal wetland grants will be subject to the entire review process along with new grants. Any monies left over after the project is complete, or if the project is not completed, should be returned to Headquarters for use in following years. If a State has lands it wishes to acquire, restore, or enhance in close proximity to the original project, and the Region deems that spending project monies in these areas would provide similar benefits, the Region may use unspent balances to pay for these projects with prior approval from Headquarters. States must provide adequate justification and documentation to the Regions that the lands acquired, restored, or enhanced are similar to those in the original proposal and provide similar benefits to fish and wildlife. | |||
| 50:50:9.0.1.5.27.4.37.11 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.50 How does a State certify compliance with Federal laws, regulations, and policies? | FWS | (a) In accepting Federal money, coastal State representatives must agree to and certify compliance with all applicable Federal laws, regulations, and policies. The applicant will need to submit a Statement of Assurances (either SF 424B or SF 424D) signed and dated by an authorized agency representative as part of the proposal. (b) Compliance with environmental and other laws, as defined in the Service Manual 523 FW Chapter 1, 6 may require additional documentation. Consult with Regional Offices for how this applies to a specific project. 6 The Fish and Wildlife Service Manual, see footnote 3 for availability. | ||||
| 50:50:9.0.1.5.27.4.37.2 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.41 Who prepares a grant agreement? What needs to be included? | FWS | The coastal State and the Fish and Wildlife Service work together to develop a Grant Agreement (Form 3-1552) upon completion of the review by the Regional Director to determine compliance with applicable Federal laws and regulations. The Grant Agreement includes the grant title, the grant cost distribution, the agreement period, other grant provisions, and special grant conditions. If a Coastal Barrier Unit is affected, the Service must conduct internal consultations pursuant to Section 6 of the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act, prior to providing any grant monies to that State. | ||||
| 50:50:9.0.1.5.27.4.37.3 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.42 What if a grant agreement is not signed? | FWS | Monies that have been allocated for a grant will be held until December 31 of the following year. If a grant agreement has not been signed by the State and the Service and, therefore, the money has not been obligated for the approved grant by that date, the funds automatically are returned to the Program account in Washington. | ||||
| 50:50:9.0.1.5.27.4.37.4 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.43 How do States get the grant monies? | FWS | Funding to States is provided on a reimbursable basis. See § 84.47 for information on what costs can be reimbursed. The Service may reimburse the State for projects completed, or make payments as the project progresses. For construction work and labor, the Service and the State may jointly determine, on a case-by-case basis, that payments may be made in advance. We will minimize the time elapsing between the transfer to the State and the State's need for the funds, and the time period will be subject to a specific determined need for the funds in advance. Except for extenuating circumstances, a reasonable time period to advance funds to a State is up to 3 days. OMB Circular A-102, Parts II and III, 43 CFR part 12, and 31 CFR part 205 provide specific information on methods and procedures for transferring funds. | ||||
| 50:50:9.0.1.5.27.4.37.5 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.44 What is the timetable for the use of grant money? | FWS | Once money is granted to the coastal States, the money is available to those States for the time designated in the grant agreement. If a State needs more time, the State must apply for an extension of time by amending the grant agreement. If the Service does not extend the time, the unobligated monies return to the Service for expenditure on future grants. Also, if a State cannot spend the money on the approved project, the State must notify the appropriate Regional Director as soon as possible so that the money can revert back to the Service for future grants. | ||||
| 50:50:9.0.1.5.27.4.37.6 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.45 How do I amend a proposal? | FWS | Following procedures in 43 CFR 12.70, you must submit a signed original and two copies of the revised SF 424, the revised portion of the project statement if appropriate, and an explanation of the reason for the revision to the Regional Director (Federal Aid). | ||||
| 50:50:9.0.1.5.27.4.37.7 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.46 What are the cost-sharing requirements? | FWS | (a) Except for certain insular areas, the Federal share of an approved grant will not exceed 50 percent of approved costs incurred. However, the Federal share may be increased to 75 percent for coastal States that have established and are using a fund as defined in § 84.11. The Regions must certify the eligibility of the fund in order for the State to qualify for the 75 percent matching share. (b) The following insular areas: American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands, have been exempted from the matching share, as provided in Pub. L. 95-134, amended by Pub. L. 95-348, Pub. L. 96-205, Pub. L. 98-213, and Pub. L. 98-454 (48 U.S.C. 1469a). Puerto Rico is not exempt from the match requirements of this Program. (c) The State may provide materials (e.g., heavy equipment) or other services as a noncash match for portions of the State's matching share. The State may also provide the value of land, including the land proposed for restoration, enhancement, or management as a noncash match, provided that the land is necessary and reasonable for completing the project. For example, if a State proposes to manage a contiguous wetland of 100 acres, and already owns 10 of the 100 acres, the State can apply the current value of the 10 acres, provided that the 10 acres are necessary to manage the entire 100 acres. If the 10-acre wetland were not contiguous and no connection could be made that the 10 acres were needed to manage the proposed wetland, the State could not use the 10 acres as a noncash match. Review 43 CFR 12.64 for determining the value of in-kind contributions. (d) The requirements in 43 CFR 12.64 and Service Manual Part 522 FW 1.13 5 apply to in-kind matches or cost-sharing involving third parties. Third party in-kind contributions must represent the current market value of noncash contributions furnished as part of the grant by another public agency, private organization, or individual. In-kind matches must be necessary and reasonable to accomplish … | ||||
| 50:50:9.0.1.5.27.4.37.8 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.47 What are allowable costs? | FWS | (a) Allowable grant costs are limited to costs necessary and reasonable to achieve approved grant objectives and meet the applicable Federal cost principles in 43 CFR 12.62 (b). (b) If a project or facility is designed to include purposes other than those eligible under the Act, the costs must be prorated among the various purposes. (c) If you incur costs before the effective date of the grant, they cannot be reimbursed, with the exception that we can allow preliminary costs, but only with the approval of the appropriate Regional Director. Preliminary costs may include costs necessary for preparing the grant proposal, such as feasibility surveys, engineering design, biological reconnaissance, appraisals, or preparation of grant documents such as environmental assessments for compliance with the National Environmental Policy Act. | ||||
| 50:50:9.0.1.5.27.4.37.9 | 50 | Wildlife and Fisheries | I | F | 84 | PART 84—NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM | D | Subpart D—Conditions on Acceptance/Use of Federal Money | § 84.48 What are the procedures for acquiring, maintaining, and disposing of real property? | FWS | [67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013] | (a) Acquisition, maintenance, and disposal of real property must follow the rules established in 43 CFR 12.71 and 50 CFR 80.14. (1) Title to real property acquired under a grant or subgrant must be vested in the State or subgrantee, including local governments and nonprofit organizations. States must submit documentation (e.g., appraisals and appraisal reviews) to the Regional Director who must approve it before the State becomes legally obligated for the purchase. States will provide title vesting evidence and summary of land costs upon completion of the acquisition. The grant agreement and any deed to third parties (e.g., conservation easement or other lien on a third-party property) must include appropriate language to ensure that the lands and/or interests would revert back to the State or Federal Government if the conditions of the grant were no longer being implemented. (2) In cases where the interest obtained is less than fee simple title, the interest must be sufficient for long-term conservation of the specified wetlands resources. (3) Real property acquired with National Coastal Wetlands Conservation Grant funds must continue to serve the purpose for which it was acquired. If acquired property is used for reasons inconsistent with the purpose(s) for which acquired, such activities must cease and any adverse effects on the property must be corrected by the State or subgrantee with non-Federal monies in accordance with 50 CFR 80.14. (4) The State or subgrantee may not dispose of or encumber its title or other interest in real property without prior approval of the appropriate Regional Director of the Service. Real property includes, but is not limited to, lands, buildings, minerals, energy resources, timber, grazing, and animal products. If real property is sold, the State or subgrantee must compensate the Service in accordance with 43 CFR 12.71(c)(2). (5) If rights or interests obtained with the acquisition of coastal wetlands generate revenue during the Grant Agreement period, the State will treat … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);