Notice of Award _ LWCF_Pima Park

1. DATE ISSUED MM/DD/YYYY 1a. SUPERSEDES AWARD NOTICE dated
except that any additions or restrictions previously imposed NOTICE OF AWARD
08/26/2026 remain in effect unless specifically rescinded
2. ASSISTANCE LISTING NUMBER
15.916 - Outdoor Recreation Acquisition, Development and Planning
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. P26AP01648-00 5. TYPE OF AWARD
Originating MCA # Other
4a. FAIN P26AP01648 5a. ACTION TYPE New
6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY
From 10/01/2026 Through 09/30/2028 AUTHORIZATION (Legislation/Regulations)
7. BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY 54 U.S.C. § 200305 Land and Water Conservation Fund, Assistance to
From 10/01/2026 Through 09/30/2028 States
8. TITLE OF PROJECT (OR PROGRAM)
04-00817 Pima Park Playground Improvements
9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR
Nina Lindsey
ARIZONA STATE PARKS & TRAILS
1110 W Washington St STE 100
1110 W Washington St STE 100
Phoenix, AZ, 85007-2957
Phoenix, AZ, 85007-2957
Phone: 602-568-8845
10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER
Nina Lindsey Ms. Brooke Sausser
1110 W Washington St STE 100 1849 C St NW
Phoenix, AZ, 85007-2957 Washington, DC, 20240-0001
Phone: 602-568-8845 Phone: 111-111-1111
ALL AMOUNTS ARE SHOWN IN USD
11. APPROVED BUDGET (Excludes Direct Assistance) 12. AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 m) $ 750,000.00
II Total project costs including grant funds and all other financial participation II b. Less Unobligated Balance From Prior Budget Periods $ 0.00
a. Salaries and Wages ……………….................$ 0.00 c. Less Cumulative Prior Award(s) This Budget Period $ 0.00
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION $ 750,000.00
b. Fringe Benefits ……………….................$ 0.00
13. Total Federal Funds Awarded to Date for Project Period $ 750,000.00
c. Total Personnel Costs .…...….…..$ 0.00 14. RECOMMENDED FUTURE SUPPORT
0.00 (Subject to the availability of funds and satisfactory progress of the project):
d. Equipment …………………………...$
e. Supplies …………………………...$ 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
a. 2 $ d. 5 $
f. Travel …………………………...$ 0.00 b. 3 $ e. 6 $
g. Construction …………………………...$ 1,375,000.00 c. 4 $ f. 7 $
h. Other …………………………...$ 125,000.00 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
i. Contractual …………………….……..$ 0.00 a. DEDUCTION b
b. ADDITIONAL COSTS
c. MATCHING
j. TOTAL DIRECT COSTS $ 1,500,000.00 d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
k. INDIRECT COSTS $ 0.00
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
l. TOTAL APPROVED BUDGET $ 1,500,000.00 OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation.
b. The grant program regulations.
c. This award notice including terms and conditions, if any, noted below under REMARKS.
m. Federal Share $ 750,000.00 d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
n. Non-Federal Share $ 750,000.00 prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - Yes No)
No Program Income
GRANTS MANAGEMENT OFFICIAL:
David Welsh, N/A
1849 C St NW
Main Interior Building National Park Service
Washington, DC, 20240-0001
Phone: 111-11-1111
17. VENDOR CODE 0070179806 18a. UEI U71GVYK3QNT6 18b. DUNS 884994252 19. CONG. DIST. 03
LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION
1 0054018967-00010 $750,000.00 10/01/2026 09/30/2028 5035 25GW PIMA PARK PLAYGROUND IMPROVEMENTS

PAGE 2 of 2 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 08/26/2026
GRANT NO. P26AP01648-00
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2026 09/30/2027 Annual 12/29/2027
10/01/2026 09/30/2028 Project Final 01/28/2029
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2026 09/30/2027 Annual 12/29/2027
10/01/2026 09/30/2028 Project Final 01/28/2029
2

AWARD ATTACHMENTS
ARIZONA STATE PARKS & TRAILS P26AP01648-00
1. Grant Agreement
2. NEPA Decision
3. Budget

Grant Agreement P26AP01648 / 04-00817
Page 1 of 27
Grant Agreement
Between
THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
AND
ARIZONA DEPARTMENT OF PARKS
Table of Contents
I. LEGAL AUTHORITY ........................................................................................................... 2
II. PERFORMANCE GOALS AND PROJECT OBJECTIVES ................................................ 2
III. PUBLIC PURPOSE ................................................................................................................ 2
IV. STATEMENT OF WORK ..................................................................................................... 2
V. RESPONSIBILITIES OF THE PARTIES ............................................................................. 2
VI. COST SHARE REQUIREMENT........................................................................................... 3
VII. PRE-AWARD COSTS ........................................................................................................... 3
VIII. AWARD AND PAYMENT .................................................................................................. 3
IX. REPORTS AND/OR OUTPUTS/OUTCOMES .................................................................... 5
X. DETERMINATION OF RISK ............................................................................................... 5
XI. AWARD SPECIFIC TERMS AND CONDITIONS .............................................................. 6
XII. STANDARD TERMS AND CONDITIONS ....................................................................... 12
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I. LEGAL AUTHORITY
Agreement Number P26AP01648 was entered into by and between the Department of the
Interior, National Park Service, (NPS), and Arizona Department of Parks (hereafter referred to as
‘Recipient’) pursuant to:
Land and Water Conservation Fund (LWCF) Act of 1965, as amended (Public Law (P.L.) 88-
578; 54 U.S.C. § 2003 et seq.)
Expanding Public Lands Outdoor Recreation Experiences (EXPLORE) Act of 2025, as amended
(P.L. 118234; 16 U.S.C. § 8401 et seq.)
II. PERFORMANCE GOALS AND PROJECT OBJECTIVES
A. Performance Goal – LWCF financial assistance is provided to ensure that a sufficient
quality and/or quantity of outdoor recreation resources are available to serve the present
and future outdoor recreation demands and needs of the general public.
B. Project Objectives – This outdoor recreation grant will improve community well-being
by maximizing recreational investments, expanding opportunities, and provision of safe
and accessible spaces.
III. PUBLIC PURPOSE
The purposes of the LWCF Act are to assist in preserving, developing, and assuring accessibility
to all citizens of the United States of present and future generations, and visitors who are
lawfully present within the boundaries of the United States, such quality and quantity of outdoor
recreation resources as may be available and are necessary and desirable for individual active
participation in such recreation; and to strengthen the health and vitality of U.S. citizens. These
purposes are accomplished in part by providing funds for and authorizing Federal financial
assistance to States (and through States to local units of government) to plan for, acquire, and
develop needed land and water areas and facilities for outdoor recreation.
IV. STATEMENT OF WORK
The recipient, Arizona Department of Parks, will pass through a subaward to the subrecipient,
the City of Chandler, to improve Pima Park. This project will: remove the old playground,
replace it with an adaptive play space, and install new play surfacing.
V. RESPONSIBILITIES OF THE PARTIES
A. The Recipient agrees to:
1. Carry out the Statement of Work in accordance with the terms and conditions stated
herein. The Recipient shall adhere to Federal, state, and local laws, regulations, and
codes, as applicable.
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2. Comply with the policies and procedures set forth in the Land and Water Conservation
Fund (LWCF) State Assistance Program Manual (v. 2026, May 1, 2026).
3. Ensure subaward compliance with the requirements of 2 CFR Part 200, when issuing
subawards. The Recipient must provide a list of selected subrecipients and associated
budgets to the NPS for review prior to making subawards.
4. Select qualified subcontractors and submit documentation to the NPS showing
competitive selection or justification for single source procurement in accordance with 2
CFR §§ 200.317 – 200.327 - Procurement Standards.
B. Substantial involvement is defined as significant NPS participation prior to and during the
performance of a financial assistance agreement. For grants, substantial involvement is
neither expected nor required. No substantial involvement on the part of the NPS is
anticipated for the successful completion of the statement of work detailed in this award. It is
anticipated that involvement will be limited to actions related to monitoring project
performance and technical assistance at the request of the recipient.
VI. COST SHARE REQUIREMENT
Non-Federal cost-share is required for costs incurred under this Agreement, as identified in the
attached project budget. Cost sharing or matching contributions must meet the requirements of 2
CFR §200.306, including that contributions are verifiable, necessary, reasonable, and allowable.
If pre-award costs are authorized, reimbursement of these costs is limited to Federal cost share
percentage identified in this agreement.
VII. PRE-AWARD COSTS
The Recipient is not authorized to incur costs prior to the award of this Agreement. Costs
incurred prior to the award of this agreement are not allowable.
VIII. AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed $750,000.00 in
accordance with the NPS approved budget. The approved budget detail is incorporated
herein. Any award beyond the current fiscal year is subject to availability of funds.
Acceptance of a Federal financial assistance award from the Department of the Interior
carries with it the responsibility to be aware of, and comply with, the terms and conditions
within this award document. Acceptance is defined as the start of work, drawing down funds,
or accepting the award via electronic means.
B. Recipient shall request payment as applicable in accordance with the following:
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1. Method of Payment. Payment will be made by advance and/or reimbursement through
the Department of Treasury’s Automated Standard Application for Payments (ASAP)
system, and consistent with 2 CFR §200.305 (Payment).
2. Requesting Advances. Requests for advances must be submitted via the ASAP system.
Requests may be submitted as frequently as required to meet the needs of the Financial
Assistance (FA) Recipient to disburse funds for the Federal share of project costs. If
feasible, each request should be timed so that payment is received on the same day that
the funds are dispersed for direct project costs and/or the proportionate share of any
allowable indirect costs. If same–day transfers are not feasible, advance payments must
be as close to actual disbursements as administratively feasible.
3. Requesting Reimbursement. Requests for reimbursements must be submitted via the
ASAP system. Requests for reimbursement should coincide with normal billing patterns.
Each request must be limited to the amount of disbursements made for the Federal share
of direct project costs and the proportionate share of allowable indirect costs incurred
during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on
any of those funds must be disbursed before requesting additional cash payments.
5. Bank Accounts. All payments are made through electronic funds transfer to the bank
account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional supporting
documentation and prior NPS approval of payments may be required when/if a FA
Recipient is determined to be “high risk,” has compliance and/or performance issues. If
prior Agency payment approval is in effect for an award, the ASAP system will notify the
FA Recipient when they submit a request for payment. The Recipient must then notify
the NPS Financial Assistance Awarding Officer that a payment request has been
submitted. The Financial Assistance Awarding Officer (FAAO) may request additional
information from the Recipient to support the payment request prior to approving the
release of funds, as deemed necessary. The FA Recipient is required to comply with these
requests. Supporting documents may include invoices, copies of contracts, vendor quotes,
and other expenditure explanations that justify the reimbursement requests.
C. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory, and funding is available.
D. Expenses charged against awards under the Agreement may not be incurred prior to the
beginning of the Agreement and may be incurred only as necessary to carry out the approved
objectives, scope of work and budget with prior approval from the NPS AO in alignment
with 2 CFR § 200.407 – Prior written approval (prior approval). The Recipient shall not incur
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costs or obligate funds for any purpose pertaining to the operation of the project, program, or
activities beyond the expiration date stipulated in the award.
E. Any non–Federal share, whether cash or in–kind, is expected to be paid out at the same
general rate as the Federal share. Exceptions to this requirement may be granted by the AO
based on sufficient documentation demonstrating previously determined plans for or later
commitment of cash or in–kind contributions. In any case, the Recipient must meet their cost
share commitment over the life of the award.
IX. REPORTS AND/OR OUTPUTS/OUTCOMES
A. Refer to the second page of the Notice of Award document for SF-425 Federal Financial
Report (FFR) frequency and due dates. Performance reports are also required at the same
reporting frequency and due dates as the FFR. Reports must be submitted through the
GrantSolutions “Reports” functionality.
B. A final Performance Report and a final FFR will be due 120 days after the end date of the
Term of Agreement. If the Recipient does not submit the final report before the required due
date, NPS is required to submit a finding of non-compliance to SAM.gov. Each report shall
be submitted as described above.
C. The Secretary of the Interior and the Comptroller General of the United States, or their duly
authorized representatives, will have access, for the purpose of financial or programmatic
review and examination, to any books, documents, papers, and records that are pertinent to
the Agreement at all reasonable times during the period of retention in accordance with 2
CFR § 200.334 - Record retention requirements.
X. DETERMINATION OF RISK
In accordance with 2 CFR §§ 200.205– Federal agency review of merit proposals, and 200.206 –
Federal agency review of risk posed by applicants, the application for this award was subjected
to a pre-award risk assessment which included a review of information contained within the
application, past audits, responsibility and qualification data from SAM.gov, and/or past
performance on previous Federal financial assistance awards and other factors. For Master
Cooperative Agreements, determination of risk will be defined at the task agreement as
applicable.
This award has been determined to be a low risk with the following requirements:
Low: Requests for payment may be made directly from the ASAP grant account without prior
NPS approval after expenses have been incurred, invoiced, and paid. All documentation of
expenses must be kept on file for audit purposes and may be requested by the NPS at any time. If
payments are drawn down prior to invoice and payment or in amounts larger than costs incurred,
the Recipient may be determined “medium or high risk” and be subject to additional grant terms
and conditions.
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XI. AWARD SPECIFIC TERMS AND CONDITIONS
Part I – Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department
of the Interior (DOI).
B. The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative
lawfully delegated the authority to act for such Secretary.
D. The term "State" as used herein means the State, Territory, or District of Columbia that is a
party to the grant agreement to which these general provisions are attached, and, when
applicable, the political subdivision or other public agency to which funds are to be
subawarded pursuant to this agreement. Wherever a term, condition, obligation, or
requirement refers to the State, such term, condition, obligation, or requirement shall also
apply to the political subdivision or public agency, except where it is clear from the nature of
the term, condition, obligation, or requirement that it applies solely to the State. For
purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed
synonymous.
E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the
Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat
897, codified at 54 U.S.C. § 2003), which is administered by the NPS.
F. The term "Manual" as used herein means the Land and Water Conservation Fund State
Assistance Program Manual, v. 2026 (May 1, 2026).
G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant
agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the
project creates an obligation to maintain the property described in the agreement and supporting
application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance
will use the monies granted hereunder for the purposes of this program, and that assistance
granted from the LWCF will result in a net increase, commensurate at least with the Federal
cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than
replace or be substituted for, the State and/or local outdoor recreation funds.
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A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF
General Provisions, and the terms and provisions as contained or referenced in, or attached
to, the NPS grant agreement and that it will further impose these terms and provisions upon
any political subdivision or public agency to which funds are subawarded pursuant to the
grant agreement. The State also agrees that it shall be responsible for compliance with the
terms and provisions of the agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a
failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the
signed and dated approved LWCF Boundary Map is being acquired or developed with
LWCF assistance, or is integral to such acquisition or development, and that, without the
approval of the Secretary, it shall not be converted to other than public outdoor recreation
use but shall be maintained in public outdoor recreation in perpetuity or for the term of the
lease in the case of property leased from a federal agency. The Secretary shall approve such
a conversion only if it is found to be in accord with the then existing statewide
comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-
completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The
replacement land then becomes subject to LWCF protection. The approval of a conversion
shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter
the area described in the grant agreement and depicted in the signed and dated LWCF
Boundary Map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded LWCF protection as soon as reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding
interests, conversion of said property to other than public outdoor recreation use as a result of
such right or interest being exercised will occur. In receipt of this approval, the State agrees
to notify the NPS of the potential conversion as soon as possible and to seek approval of
replacement property in accord with the conditions set forth in these provisions and the
program regulations. The provisions of this paragraph are also applicable to: leased
properties developed with LWCF assistance where such lease is terminated prior to its full
term due to the existence of provisions in such lease known and agreed to by the NPS; and
properties subject to other outstanding rights and interests that may result in a conversion
when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance
by the State with the terms of this agreement is the preservation, protection, and the net
increase in the quality and quantity of public outdoor recreation facilities and resources that
are available to the people of the State and of the United States, and such benefit exceeds to
an immeasurable and unascertainable extent the amount of money furnished by the United
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States by way of assistance under the terms of this agreement. The State agrees that payment
by the State to the United States of an amount equal to the amount of assistance extended
under this agreement by the United States would be inadequate compensation to the United
States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by
the State of this agreement shall be the specific performance of this agreement or the
submission and approval of a conversion request as described in Part II.B above.
D. The State agrees that the property and facilities described in the grant agreement shall be
operated and maintained as prescribed by regulations found in 36 C.F.R Part 59.
E. Real property, equipment, and intangible property acquired or improved with the Federal
award must be held in trust by the recipient or subrecipient as trustee for the beneficiaries of
the program under which the property was acquired or improved. As a result, the State agrees
that the area depicted or otherwise described on the 200305.(f)(3) LWCF Boundary Map
must be recorded in the public property records (e.g., registry of deeds or similar) of the
jurisdiction in which the property is located (2 CFR 200.316), to the effect that the property
described and shown in the scope of the grant agreement and the signed and dated LWCF
Boundary Map, has been acquired or developed with LWCF assistance and that it cannot be
converted to other than public outdoor recreation use without the written approval of the
Secretary as described in Part II.B above.
F. The Recipient must maintain documentation of the recordation specified in Part II. E. above
and report regularly to NPS on the status of the Federal interest in the Property.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in Section V of the Department of the
Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to
the extent that reasonable differences in admission or other fees may be maintained on
the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant
Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities. A resolution, motion, or similar action has been duly adopted or
passed authorizing the filing of the application, including all understandings and
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assurances contained herein, and directing and authorizing the person identified as the
official representative of the State to act in connection with the application and to provide
such additional information as may be required.
3. The State has the capability to finance the non-Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance all funds granted hereunder except those reimbursed to the State to cover
eligible expenses derived from a current approved negotiated indirect cost rate
agreement.
2. The State shall secure completion of the work in accordance with approved construction
plans and specifications, and shall secure compliance with all applicable Federal, State,
and local laws and regulations.
3. The State will provide for and maintain competent and adequate architectural/engineering
supervision and inspection at the construction site to ensure that the completed work
conforms with the approved plans and specifications; and that it will furnish progress
reports and such other information as the NPS may require.
4. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the State shall bring the project to a point of recreational
usefulness agreed upon by the State and the Director or her/his designee in accord with
Section III.C below.
5. As referenced in the DOI Standard Terms and Conditions, the State will ensure the
project’s compliance with applicable federal laws and their implementing regulations,
including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504
Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood
Disaster Protection Act of 1973 (P.L. 93-234).
6. The State will comply with the provisions of: Executive Order (EO) 11988, relating to
evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement
or water pollution, and EO 11990 relating to the protection of wetlands.
7. The State will assist the NPS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic
Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements
while considering the effect of this grant award on historic properties. The Act requires
federal agencies to take into account the effects of their undertaking (grant award) on
historic properties by following the process outlined in regulations. That process includes
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(1) initiating the process through consultation with the State Historic Preservation
Officer, federally recognized Indian tribes, and others on the undertaking, as necessary
under 36 C.F.R. Part 800.4, by (2) identifying historic properties listed on or eligible for
inclusion on the National Register of Historic Places that are subject to effects by the
undertaking, and notifying the NPS of the existence of any such properties, by (3)
assessing the effects of the undertaking upon such properties, if present, and by (4)
resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking,
the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
8. The State will assist the National Park Service (NPS) in meeting the requirements of
the National Environmental Policy Act of 1969 as amended (42 U.S.C. 4321 et seq.),
the Department of the Interior’s NEPA regulations (43 C.F.R. part 46), and the
Department of the Interior’s NEPA procedures in 516 Departmental Manual 1. The
State will also follow any NPS Land and Water Conservation Fund (LWCF) program
policies that apply to NEPA compliance.
This assistance includes providing information needed for NPS to consider reasonably
foreseeable environmental effects of grant-supported activities. The applicant must
provide NPS with either a description of potential environmental impacts or
documentation demonstrating that no such impacts are expected.
When a project includes grant-assisted development or other ground-disturbing
activities, the applicant must submit an application with information sufficient for NPS
to determine the appropriate NEPA pathway.
If a categorical exclusion applies, NPS will identify the appropriate categorical
exclusion under 43 C.F.R. part 46 and Part 516 of the Departmental Manual.
Executive Order 14154, “Unleashing American Energy” (Jan. 20, 2025), and the
Presidential Memorandum “Ending Illegal Discrimination and Restoring Merit-Based
Opportunity” (Jan. 21, 2025), will be applied consistent with NEPA requirements.
9. For any insurable improvement located within a Federal Emergency Management
Agency designated Special Flood Hazard Area, the Recipient is required to obtain and
maintain flood insurance consistent with the Flood Disaster Protection Act of 1973
and applicable federal requirements. The Recipient is responsible for ensuring
continuous insurance coverage for the useful life of any such improvement supported
by LWCF assistance. By accepting this award, the Recipient affirms compliance with
all applicable flood insurance requirements and acknowledges that failure to maintain
required coverage may result in enforcement actions consistent with federal law and
this agreement. No documentation is required to be submitted to the NPS unless
specifically requested for audit or compliance purposes.
Part IV – Award Specific Conditions
A. National Environmental Policy Act
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Recipients must comply with the requirements of the National Environmental Policy Act
of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.)
(NEPA), Executive Order 14154 Unleashing American Energy (Jan. 20, 2025),
Presidential Memorandum Ending Illegal Discrimination and Restoring Merit-Based
Opportunity (Jan. 21, 2025), the DOI's NEPA-implementing regulations (43 CFR Part
46), DOI policy and procedures for implementing NEPA (Part 516 of the Departmental
Manual), and NPS LWCF Program-specific policies and procedures as guidance to the
extent appropriate and consistent with the requirements of NEPA and Executive Order
14154.
B. National Historic Preservation Act
Recipients must comply with the requirements of the National Historic Preservation Act
of 1966, Pub. L. No. 89-665 (codified as amended at 54 U.S.C. § 300101 et seq.)
(NHPA), including Section 106 (54 U.S.C. § 306108) and Section 110 (54 U.S.C. §
306101), as applicable. Compliance must be carried out in accordance with the
regulations of the Advisory Council on Historic Preservation (36 CFR Part 800), the
Department of the Interior’s implementing policies and procedures (including 519 DM
1), and any applicable programmatic agreements or alternative procedures approved
under emergency or expedited review authorities.
Recipients must also adhere to the Department of the Interior’s Secretary’s Order 3389,
which directs the integration of NHPA Section 106 reviews with National Environmental
Policy Act (NEPA) processes to the maximum extent practicable.
C. NEPA/NHPA Determination Complete
The National Park Service (NPS) has completed its review under NEPA (42 U.S.C. 4321
et seq.), the Department of the Interior regulations at 43 C.F.R. Part 46, and NHPA (54
U.S.C. 300101 et seq.) with implementing regulations at 36 C.F.R. Part 800, and has
issued a final NEPA/NHPA determination for this project. The Recipient must carry out
all approved project activities in accordance with the mitigation, restrictions, conditions,
protections, and monitoring measures required by that determination, including those
listed below. If the project work, design, sequence, location, timing, or site conditions
change in a way that differs from what NPS evaluated, the Recipient must notify its
assigned LWCF Program Officer before continuing so NPS can determine whether
supplemental review is required. To meet this condition, the Recipient must provide
documentation of the change to its assigned LWCF Program Officer for NPS review and
acceptance. Written agency approval will be issued to confirm NPS acceptance once the
condition has been met.
C. Other Award Specific Terms and Conditions
1. The Recipient must report on the status, progress, and performance of all Award Specific
Terms and Conditions included in Article XI, Part IV, Section D or otherwise
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incorporated by amendment. Each required performance report must identify the actions
taken to address each condition, the documentation submitted or pending submission,
whether the condition has been met in full, and any outstanding issues or delays affecting
compliance. The Recipient must submit this information through GrantSolutions as part
of each required performance report, and when applicable, any Subrecipient must provide
the Recipient with the information needed to meet these reporting requirements. NPS will
review condition performance during each reporting cycle, including final closeout.
2. The recipient shall provide a boundary map prior to final reimbursement. The recipient
will provide NPS with information on the water tank / treatment enclosure to determine if
a conversion incurred and resolved to NPS's satisfaction, including its service area, when
it was first constructed, and if there are any related easements or rights-of-way that would
impact outdoor recreation at the park.
XII. STANDARD TERMS AND CONDITIONS
A. DEPARTMENT OF INTERIOR STANDARD TERMS AND CONDITIONS, 2 CFR 200, 2
CFR 1402
Recipients must comply with all applicable federal statutes, regulations, executive orders
(EOs), Office of Management and Budget (OMB) circulars. Any inconsistency or conflict in
Standard Terms and Conditions, Program-Specific Terms and Conditions, and any Special
Award Conditions of this Award will be resolved according to the following order
of precedence: federal laws, Executive Orders, federal regulations, applicable notices
published in the Federal Register, OMB circulars, NPS Standard Terms and Conditions,
Program-Specific Terms and Conditions, and any Special Award Conditions.
DOI terms and regulatory requirements located at:
• https://www.doi.gov/grants/doi-standard-terms-and-conditions
• eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
• eCFR :: 2 CFR Part 1402 -- Financial Assistance Interior Regulation, Supplementing
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
B. APPROVED INDIRECT RATE
Indirect costs must be charged consistently in accordance with the approved project budget,
which is incorporated into this award as an attachment. In the case of a Master Cooperative
agreement, indirect costs will be incorporated at the Task Agreement level. If the Recipient
has a Federally approved indirect rate, it is the responsibility of the Recipient to work with
their cognizant agency in a timely manner to avoid the expiration of the Federally negotiated
rate. If the Recipient has never had a Federally approved negotiated indirect rate, they may
utilize a 15% de minimis rate per 2 CFR 200.414. If the Federally negotiated rate changes
during the period of performance, the newly approved rate must be implemented.
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C. RESERVED
D. KEY OFFICIALS
A. Communications - The Recipient shall address any communication regarding this
Agreement to the ATR/Program Officer with a copy to Financial Assistance Awarding
Officer. Communications that relate solely to technical matters may be sent only to the
ATR/Program Officer.
B. Changes in Key Officials - Recipient may not make any permanent change in a key
official without written notice to the other party reasonably in advance of the proposed
change. The notice will include a justification with sufficient detail to permit evaluation
of the impact of such a change on the scope of work specified within this Agreement.
Any permanent change in key officials will be made only by Agency Approval.
E. PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in accordance
with 2 CFR 200.308.
F. PROPERTY UTILIZATION
All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools,
equipment, and facilities will be returned in the same condition received except for normal
wear and tear in project use. Property management standards set forth in 2 CFR 200.310
through 200.316 apply to this Agreement. All provided items must be consistently tracked
and accounted for by the Recipient and NPS both when provided to the Recipient and upon
return.
G. MODIFICATION, REMEDIES FOR NONCOMPLIANCE, TERMINATION
A. This Agreement may be modified at any time, prior to the expiration date, only by
agreement executed by both parties. Modifications will be in writing and approved by the
Financial Assistance Awarding Officer and the authorized representative of Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
non–compliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR 200.339.
C. This Agreement may be terminated consistent with applicable termination provisions for
Agreements found in 2 CFR 200.340 through 200.343.
H. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND
PERFORMANCE
(a) General Reporting Requirement.
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(1) If the total value of your active grants, cooperative agreements, and procurement
contracts from all Federal agencies exceeds $10,000,000 for any period of time during
the period of performance of this Federal award, then you as the recipient must ensure the
information available in the responsibility/qualification records through the System for
Award Management (SAM.gov), about civil, criminal, or administrative proceedings
described in paragraph (b) of this award term is current and complete. This is a statutory
requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted in
responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past
performance reviews required for Federal procurement contracts) will be publicly
available.
(b) Proceedings About Which You Must Report.
(1) You must submit the required information about each proceeding that—
(i) Is in connection with the award or performance of a grant, cooperative
agreement, or procurement contract from the Federal Government;
(ii) Reached its final disposition during the most recent five-year period; and
(iii) Is one of the following—
(A) A criminal proceeding that resulted in a conviction;
(B) A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
(C) An administrative proceeding that resulted in a finding of fault and
liability and your payment of either a monetary fine or penalty of $5,000
or more or reimbursement, restitution, or damages in excess of $100,000;
or
(D) Any other criminal, civil, or administrative proceeding if—
(1) It could have led to an outcome described in paragraph
(b)(1)(iii)(A) through (C);
(2) It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part; and
(3) The requirement in this award term to disclose information
about the proceeding does not conflict with applicable laws and
regulations.
(c) Reporting Procedures. Enter the required information in SAM.gov for each
proceeding described in paragraph (b) of this award term. You do not need to submit the
information a second time under grants and cooperative agreements that you received if
you already provided the information in SAM.gov because you were required to do so
under Federal procurement contracts that you were awarded.
(d) Reporting Frequency. During any period of time when you are subject to the
requirement in paragraph (a) of this award term, you must report proceedings information
in SAM.gov for the most recent five-year period, either to report new information about a
proceeding that you have not reported previously or affirm that there is no new
information to report. If you have Federal contract, grant, and cooperative agreement
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awards with a cumulative total value greater than $10,000,000, you must disclose
semiannually any information about the criminal, civil, and administrative proceedings.
(e) Definitions. For purposes of this award term—
Administrative proceeding means a non-judicial process that is adjudicatory in nature to
make a determination of fault or liability (for example, Securities and Exchange
Commission Administrative proceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals proceedings). This includes
proceedings at the Federal and State level but only in connection with the performance of
a Federal contract or grant. It does not include audits, site visits, corrective plans, or
inspection of deliverables.
Conviction means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
Total value of currently active grants, cooperative agreements, and procurement
contracts includes the value of the Federal share already received plus any anticipated
Federal share under those awards (such as continuation funding).
I. FUNDING USED FOR THE PURCHASE AND OPERATION OF UNMANNED
AIRCRAFT SYSTEMS (UAS)
1. If the Recipient uses Federal funds under this Agreement to purchase or operate an
Unmanned Aircraft System (UAS), or operates a UAS in connection with this Agreement
on lands managed by the Department of the Interior (DOI) or the National Park Service
(NPS), the Recipient must comply with:
a. All applicable Federal laws, regulations, and Government-wide policies governing
UAS operations, including, but not limited to, Federal Aviation Administration
(FAA) requirements and Office of Management and Budget (OMB) requirements;
and
b. DOI and NPS policies on UAS use, as published or amended during the term of this
Agreement.
2. The Recipient is prohibited from using Federal funding awarded under this Agreement to
procure a covered UAS that is manufactured or assembled by a covered foreign entity, or
in connection with the operation of such a drone or UAS pursuant to Sec. 1825 of the
American Security Drone Act of 2023 (P.L. 118-31).
J. PATENTS AND INVENTIONS (37 CFR 401)
Recipients of agreements which support experimental, developmental, or research work shall
be subject to applicable regulations governing patents and inventions, including the
government-wide regulations issued by the Department of Commerce at 37 CFR 401, Rights
to Inventions Made by Non-profit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements. These regulations do not apply
to any agreement made primarily for educational purposes.
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In accordance with 37 CFR 401.3(a), the provision at 37 CFR 401.14(a), with authorized
modifications for the National Park Service, is hereby included in this agreement:
(a) Definitions
(1) Invention means any invention or discovery which is or may be patentable or
otherwise protectable under Title 35 of the United States Code, or any novel variety
of plant which is or may be protected under the Plant Variety Protection Act (7
U.S.C. 2321 et seq.).
(2) Subject invention means any invention of the recipient conceived or first actually
reduced to practice in the performance of work under this agreement, provided that in
the case of a variety of plant, the date of determination (as defined in section 41(d) of
the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period
of agreement performance.
(3) Practical Application means to manufacture in the case of a composition or
product, to practice in the case of a process or method, or to operate in the case of a
machine or system; and, in each case, under such conditions as to establish that the
invention is being utilized and that its benefits are, to the extent permitted by law or
government regulations, available to the public on reasonable terms.
(4) Made when used in relation to any invention means the conception or first actual
reduction to practice of such invention.
(5) Small Business Firm means a small business concern as defined at section 2 of
Public Law. 85‑536 (15 U.S.C. 632) and implementing regulations of the
Administrator of the Small Business Administration. For the purpose of this
provision, the size standards for small business concerns involved in government
procurement and subcontracting at 13 CFR 121.3‑8 and 13 CFR 121.3‑12,
respectively, will be used.
(6) Nonprofit Organization means a university or other institution of higher
education, or an organization of the type described in section 501(c)(3) of the Internal
Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation under section
501(a) of the Internal Revenue Code (25 U.S.C. 501(a)) or any nonprofit scientific or
educational organization qualified under a state nonprofit organization statute.
(b) Allocation of Principal Rights.
The Recipient may retain the entire right, title, and interest throughout the world to each
subject invention subject to this provision and 35 U.S.C. 203. With respect to any subject
invention in which the Recipient retains title, the Federal government shall have a
nonexclusive, nontransferable, irrevocable, paid‑up license to practice or have practiced for
or on behalf of the United States the subject invention throughout the world.
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(c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient
(1) The Recipient will disclose each subject invention to the National Park Service
within two months after the inventor discloses it in writing to Recipient personnel
responsible for patent matters. The disclosure to the National Park Service shall be in
the form of a written report and shall identify the agreement under which the
invention was made and the inventor(s). It shall be sufficiently complete in technical
detail to convey a clear understanding to the extent known at the time of the
disclosure, of the nature, purpose, operation, and the physical, chemical, biological or
electrical characteristics of the invention. The disclosure shall also identify any
publication, on sale or public use of the invention and whether a manuscript
describing the invention has been submitted for publication and, if so, whether it has
been accepted for publication at the time of disclosure. In addition, after disclosure to
the National Park Service, the Recipient will promptly notify the National Park
Service of the acceptance of any manuscript describing the invention for publication
or of any on sale or public use planned by the Recipient.
(2) The Recipient will elect in writing whether or not to retain title to any such
invention by notifying the National Park Service within two years of disclosure to the
National Park Service. However, in any case where publication, on sale or public use
has initiated the one-year statutory period wherein valid patent protection can still be
obtained in the United States, the period for election of title may be shortened by the
National Park Service to a date that is no more than 60 days prior to the end of the
statutory period.
(3) The Recipient will file its initial patent application on a subject invention to which
it elects to retain title within one year after election of title or, if earlier, prior to the
end of any statutory period wherein valid patent protection can be obtained in the
United States after a publication, on sale, or public use. The Recipient will file patent
applications in additional countries or international patent offices within either ten
months of the corresponding initial patent application or six months from the date
permission is granted by the Commissioner of Patents and Trademarks to file foreign
patent applications where such filing has been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure, election, and filing under
subparagraphs (1), (2), and (3) may, at the discretion of the National Park Service, be
granted.
(d) Conditions When the Government May Obtain Title.
The Recipient will convey to the National Park Service, upon written request, title to any
subject inventions
(1) If the Recipient fails to disclose or elect title to the subject invention within the
times specified in (c), above, or elects not to retain title; provided that the National
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Park Service may only request title within 60 days after learning of the failure of the
Recipient to disclose or elect within the specified times.
(2) In those countries in which the Recipient fails to file patent applications within the
times specified in (c) above; provided, however, that if the Recipient has filed a
patent application in a country after the times specified in (c) above, but prior to its
receipt of the written request of the National Park Service, the Recipient shall
continue to retain title in that country.
(3) In any country in which the Recipient decides not to continue the prosecution of
any application for, to pay the maintenance fees on, or defend in reexamination or
opposition proceeding on, a patent on a subject invention.
(e) Minimum Rights to Recipient and Protection of the Recipient Right to File
(1) The Recipient will retain a nonexclusive royalty‑free license throughout the world
in each subject invention to which the Government obtains title, except if the
Recipient fails to disclose the invention within the times specified in (c), above. The
Recipient's license extends to its domestic subsidiary and affiliates, if any, within the
corporate structure of which the Recipient is a party and includes the right to grant
sublicenses of the same scope to the extent the Recipient was legally obligated to do
so at the time the agreement was awarded. The license is transferable only with the
approval of the National Park Service except when transferred to the successor of that
party of the Recipient's business to which the invention pertains.
(2) The Recipient's domestic license may be revoked or modified by the National
Park Service to the extent necessary to achieve expeditious practical application of
the subject invention pursuant to an application for an exclusive license submitted in
accordance with applicable provisions at 37 CFR part 404 and the National Park
Service licensing regulations (if any). This license will not be revoked in that field of
use or the geographical areas in which the Recipient has achieved practical
application and continues to make the benefits of the invention reasonably accessible
to the public. The license in any foreign country may be revoked or modified at the
discretion of the National Park Service to the extent the Recipient, its licensees, or the
domestic subsidiaries or affiliates have failed to achieve practical application in that
foreign country.
(3) Before revocation or modification of the license, the National Park Service will
furnish the Recipient a written notice of its intention to revoke or modify the license,
and the Recipient will be allowed thirty days (or such other time as may be authorized
by the National Park Service for good cause shown by the Recipient) after the notice
to show cause why the license should not be revoked or modified. The Recipient has
the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and
National Park Service regulations (if any) concerning the licensing of
Government‑owned inventions, any decision concerning the revocation or
modification of the license.
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(f) Recipient Action to Protect the Government's Interest
(1) The Recipient agrees to execute or to have executed and promptly deliver to the
National Park Service all instruments necessary to
(i) establish or confirm the rights the Government has throughout the world in
those subject inventions to which the Recipient elects to retain title, and
(ii) convey title to the National Park Service when requested under paragraph
(d) above and to enable the government to obtain patent protection throughout
the world in that subject invention.
(2) The Recipient agrees to require, by written agreement, its employees, other than
clerical and non-technical employees, to disclose promptly in writing to personnel
identified as responsible for the administration of patent matters and in a format
suggested by the Recipient each subject invention made under agreement in order that
the Recipient can comply with the disclosure provisions of paragraph (c), above, and
to execute all papers necessary to file patent applications on subject inventions and to
establish the government's rights in the subject inventions. This disclosure format
should require, as a minimum, the information required by (c)(1), above. The
Recipient shall instruct such employees through employee agreements or other
suitable educational programs on the importance of reporting inventions in sufficient
time to permit the filing of patent applications prior to U.S. or foreign statutory bars.
(3) The Recipient will notify the National Park Service of any decisions not to
continue the prosecution of a patent application, pay maintenance fees, or defend in a
reexamination or opposition proceeding on a patent, in any country, not less than
thirty days before the expiration of the response period required by the relevant patent
office.
(4) The Recipient agrees to include, within the specification of any United States
patent applications and any patent issuing thereon covering a subject invention, the
following statement, “This invention was made with government support under
(identify the agreement) awarded by (identify the Federal agency). The government
has certain rights in the invention.”
(g) Subcontracts. The Recipient will include this provision, suitably modified to identify the
parties, in all sub-agreements or subcontracts, regardless of tier, for experimental,
developmental or research work. The sub-recipient or subcontractor will retain all rights
provided for the Recipient in this provision, and the Recipient will not, as part of the
consideration for awarding the sub-agreement or subcontract, obtain rights in the sub-
recipient's or subcontractor's subject inventions.
(h) Reporting on Utilization of Subject Inventions. The Recipient agrees to submit on
request periodic reports no more frequently than annually on the utilization of a subject
invention or on efforts at obtaining such utilization that are being made by the Recipient or
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its licensees or assignees. Such reports shall include information regarding the status of
development, date of first commercial sale or use, gross royalties received by the Recipient,
and such other data and information as the National Park Service may reasonably specify.
The Recipient also agrees to provide additional reports as may be requested by the National
Park Service in connection with any march‑in proceeding undertaken by the National Park
Service in accordance with paragraph (j) of this provision. As required by 35 U.S.C.
202(c)(5), the National Park Service agrees it will not disclose such information to persons
outside the government without permission of the Recipient.
(i) Preference for United States Industry. Notwithstanding any other part of this provision,
the Recipient agrees that neither it nor any assignee will grant to any person the exclusive
right to use or sell any subject inventions in the United States unless such person agrees that
any products embodying the subject invention or produced through the use of the subject
invention will be manufactured substantially in the United States. However, in individual
cases, the requirement for such an agreement may be waived by the National Park Service
upon a showing by the Recipient or its assignee that reasonable but unsuccessful efforts have
been made to grant licenses on similar terms to potential licensees that would be likely to
manufacture substantially in the United States or that under the circumstances domestic
manufacture is not commercially feasible.
(j) March‑in Rights. The Recipient agrees that with respect to any subject invention in which
it has acquired title, the National Park Service has the right in accordance with the procedures
in 37 CFR 401.6 and any supplemental regulations of the National Park Service to require the
Recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive,
partially exclusive, or exclusive license in any field of use to a responsible applicant or
applicants, upon terms that are reasonable under the circumstances, and if the Recipient,
assignee, or exclusive licensee refuses such a request the National Park Service has the right
to grant such a license itself if the National Park Service determines that:
(1) Such action is necessary because the Recipient or assignee has not taken or is not
expected to take within a reasonable time, effective steps to achieve practical
application of the subject invention in such field of use.
(2) Such action is necessary to alleviate health or safety needs, which are not
reasonably satisfied by the Recipient, assignee, or their licensees.
(3) Such action is necessary to meet requirements for public use specified by Federal
regulations and such requirements are not reasonably satisfied by the Recipient,
assignee, or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of this
provision has not been obtained or waived or because a licensee of the exclusive right
to use or sell any subject invention in the United States is in breach of such
agreement.
(k) Special Provisions for Agreements with Nonprofit Organizations.
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If the Recipient is a nonprofit organization, it agrees that:
(1) Rights to a subject invention in the United States may not be assigned without the
approval of the National Park Service, except where such assignment is made to an
organization which has as one of its primary functions the management of inventions,
provided that such assignee will be subject to the same provisions as the Recipient;
(2) The Recipient will share royalties collected on a subject invention with the
inventor, including Federal employee co‑inventors (when the National Park Service
deems it appropriate) when the subject invention is assigned in accordance with 35
U.S.C. 202(e) and 37 CFR 401.10;
(3) The balance of any royalties or income earned by the Recipient with respect to
subject inventions, after payment of expenses (including payments to inventors)
incidental to the administration of subject inventions, will be utilized for the support
of scientific research or education; and
(4) It will make efforts that are reasonable under the circumstances to attract licensees
of subject invention that are small business firms and that it will give a preference to a
small business firm when licensing a subject invention if the Recipient determines
that the small business firm has a plan or proposal for marketing the invention which,
if executed, is equally as likely to bring the invention to practical application as any
plans or proposals from applicants that are not small business firms; provided, that the
Recipient is also satisfied that the small business firm has the capability and resources
to carry out its plan or proposal. The decision whether to give a preference in any
specific case will be at the discretion of the Recipient. However, the Recipient agrees
that the National Park Service may review the Recipient's licensing program and
decisions regarding small business applicants, and the Recipient will negotiate
changes to its licensing policies, procedures, or practices with the National Park
Service when this review discloses that the Recipient could take reasonable steps to
implement more effectively the requirements of this paragraph (k)(4).
(l) Communication. Communications regarding matters relating to this provision shall be
directed to the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of the
Solicitor, U.S. Department of the Interior, 1849 C Street NW, Washington, D.C. 20240.
K. ENSURING THE FUTURE IS MADE IN ALL OF AMERICA BY ALL OF AMERICA’S
WORKERS PER E.O. 14005 (dated January 25, 2021)
Per Executive Order 14005, entitled “Ensuring the Future Is Made in All of America by All
of America's Workers” the Recipient shall maximize the use of goods, products, and
materials produced in, and services offered in, the United States, and whenever possible,
procure goods, products, materials, and services from sources that will help American
businesses compete in strategic industries and help America’s workers thrive.
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L. THE REHABILITATION ACT OF 1973
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794)
The Recipient agrees to comply with Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. § 794), which prohibits discrimination on the basis of disability in programs and
activities receiving Federal financial assistance. The Recipient must ensure that no qualified
individual with a disability is excluded from participation in, denied the benefits of, or
otherwise subjected to discrimination under any program or activity conducted under this
agreement. The Recipient shall provide reasonable accommodation and access to individuals
with disabilities as required by applicable law.
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d)
While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794d), do not apply to financial assistance agreements, the NPS is subject to the
Act's requirements that all documents posted on an NPS, or NPS-hosted website comply with
the accessibility standards of the Act. Accordingly, final deliverable reports prepared under
this agreement and submitted in electronic format must be submitted in a format whereby
NPS can easily meet the requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. NOTE: Progress Reports and financial reports are not considered final
deliverables and therefore the following requirements do not apply.
All electronic documents prepared under this Agreement must meet the requirements of
Section 508 of the Rehabilitation Act of 1973, as amended. The Act requires that all
electronic products prepared for the Federal Government be accessible to persons with
disabilities, including those with vision, hearing, cognitive, and mobility
impairments. View Section 508 of the Rehabilitation Act, Standards and Guidelines for
detailed information.
The following summarizes some of the requirements for preparing NPS reports in
conformance with Section 508 for eventual posting by NPS to an NPS-sponsored website.
For specific detailed guidance and checklists for creating accessible digital content, please go
to Section 508.gov, Create Accessible Digital Products. All accessible digital content must
conform to the requirements and techniques of the Web Content Accessibility Guidelines
(WCAG) 2.0 or later, Level AA Success Criteria.
a. Electronic documents with images
Provide a text equivalent for every non-text element (including photographs, charts,
and equations) in all publications prepared in electronic format. Use descriptions such
as "alt" and "longdesc" for all non-text images or place them in element content. For
all documents prepared, vendors must prepare one standard HTML format as
described in this statement of work AND one text format that includes descriptions
for all non-text images. "Text equivalent" means text sufficient to reasonably describe
the image. Images that are merely decorative require only a very brief "text
equivalent" description. However, images that convey information that is important to
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the content of the report require text sufficient to reasonably describe that image and
its purpose within the context of the report.
b. Electronic documents with complex charts or data tables
When preparing tables that are heavily designed, prepare adequate alternate
information so that assistive technologies can read them out. Identify row and column
headers for data tables. Provide the information in a non-linear form. Markups will be
used to associate data cells and header cells for data tables that have two or more
logical levels of row and column headers.
c. Electronic documents with forms
When electronic forms are designed to be completed on-line, the form will allow
people using assistive technology to access the information, field elements, and
functionality required for completion and submission of the form, including all
directions and cues.
M. ANTI–DEFICIENCY ACT
Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as
binding the NPS to expend in any one fiscal year any sum in excess of appropriations made
by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for
the further expenditure of money in excess of such appropriations.
N. ASSIGNMENT
No part of this Agreement shall be assigned to any other party without prior written approval
of the NPS and the Assignee.
O. MEMBER OF CONGRESS
Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part of
any contract or agreement made, entered into, or adopted by or on behalf of the United
States, or to any benefit to arise thereupon.
P. AGENCY
The Recipient is not an agent or representative of the United States, the Department of the
Interior, NPS, or the Park, nor will the Recipient represent itself as such to third parties. NPS
employees are not agents of the Recipient and will not act on behalf of the Recipient.
Q. NON-EXCLUSIVE AGREEMENT
This Agreement in no way restricts the Recipient or NPS from entering into similar
agreements, or participating in similar activities or arrangements, with other public or private
agencies, organizations, or individuals.
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R. PARTIAL INVALIDITY
If any provision of this Agreement or the application thereof to any party or circumstance
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the
application of such provision to the parties or circumstances other than those to which it is
held invalid or unenforceable, shall not be affected thereby and each provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
S. NO EMPLOYMENT RELATIONSHIP
This Agreement is not intended to and shall not be construed to create an employment
relationship between NPS and Recipient or its representatives. No representative of Recipient
shall perform any function or make any decision properly reserved by law or policy to the
Federal government.
T. NO THIRD-PARTY RIGHTS
This Agreement creates enforceable obligations between only NPS and Recipient. Except as
expressly provided herein, it is not intended, nor shall it be construed to create any right of
enforcement by or any duties or obligation in favor of persons or entities not a party to this
Agreement.
U. PROGRAM INCOME
If the Recipient earns program income, as defined in 2 CFR § 200.1, during the period of
performance of this agreement, to the extent available the Recipient must disburse funds
available from program income, and interest earned on such funds, before requesting
additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307,
program income may be added to the Federal award by the Federal agency and Recipient.
The program income must be used for costs incurred during the period of performance or
allowable closeout costs. Disposition of program income remaining after the end of the
period of performance shall be negotiated as part of the agreement closeout process.
V. RIGHTS IN DATA
The Recipient must grant the United States of America a royalty–free, non–exclusive and
irrevocable license to publish, reproduce and use, and dispose of in any manner and for any
purpose without limitation, and to authorize or ratify publication, reproduction or use by
others, of all copyrightable material first produced or composed under this Agreement by the
Recipient, its employees or any individual or concern specifically employed or assigned to
originate and prepare such material.
W. CONFLICT OF INTEREST
(a) Applicability.
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1. This section intends to ensure that non-Federal entities and their employees take
appropriate steps to avoid conflicts of interest in their responsibilities under or
with respect to Federal financial assistance agreements.
2. In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict-of-interest provisions in 2 CFR
200.318 apply.
(b) Requirements.
1. Non-Federal entities must avoid prohibited conflicts of interest, including any
significant financial interests that could cause a reasonable person to question
the recipient's ability to provide impartial, technically sound, and objective
performance under or with respect to a Federal financial assistance agreement.
2. In addition to any other prohibitions that may apply with respect to conflicts of
interest, no key official of an actual or proposed recipient or subrecipient, who is
substantially involved in the proposal or project, may have been a former
Federal employee who, within the last one (1) year, participated personally and
substantially in the evaluation, award, or administration of an award with respect
to that recipient or subrecipient or in development of the requirement leading to
the funding announcement.
3. No actual or prospective recipient or subrecipient may solicit, obtain, or use
non-public information regarding the evaluation, award, or administration of an
award to that recipient or subrecipient or the development of a Federal financial
assistance opportunity that may be of competitive interest to that recipient or
subrecipient.
(c) Notification.
1. Non-Federal entities, including applicants for financial assistance awards, must
disclose in writing any conflict of interest to the DOI awarding agency or pass-
through entity in accordance with 2 CFR 200.112, Conflicts of interest.
(d) Recipients must establish internal controls that include, at a minimum, procedures to
identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient
is responsible for notifying the Financial Assistance Officer in writing of any conflicts of
interest that may arise during the life of the award, including those that have been
reported by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly
prohibited from using funds under this grant or cooperative agreement for lobbying
activities and must provide the required certifications and disclosures pursuant to 43 CFR
Part 18 and 31 U.S.C. 1352.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict-of-
interest disclosure on the basis of its particular facts and the nature of the proposed grant
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or cooperative agreement and will determine whether a significant potential conflict
exists and, if it does, develop an appropriate means for resolving it.
(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
Government may be cause for termination of the award. Failure to make required
disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for
Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
X. BUILD AMERICA, BUY AMERICA
Pursuant to 2 CFR Part 184 – Buy America Preferences for Infrastructure Projects. None of
the funds under an award may be obligated for an infrastructure project unless all the iron,
steel, manufactured products, and construction materials used in the project are produced in
the U.S., unless subject to an approved waiver. This part applies to an entire infrastructure
project even if funded by Federal and non-Federal funds under one or more awards.
Recipients must include this preference in all subawards, contracts, and purchase orders
related to infrastructure projects under Federal awards.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure
project.
For further information on the Buy America preference, please visit “Buy America”
Domestic Sourcing Guidance and Waiver Process for DOI Financial Assistance Agreements |
U.S. Department of the Interior. Additional information can also be found at the White
House Made in America Office website: Made In America | OMB | The White House.
Waivers
There may be instances where an award qualifies, in whole or in part, for an existing DOI
general applicability waiver as described at: Approved DOI General Applicability Waivers |
U.S. Department of the Interior.
When necessary, recipients may apply for, and the Department of the Interior (DOI) may
grant, a waiver from these requirements, subject to review by the Made in America Office. If
a general applicability waiver does not already apply, a request to waive the application of
the domestic content procurement preference may be submitted to the Financial Assistance
Awarding Officer in writing. Waiver request submission requirements are described at: “Buy
America” Domestic Sourcing Guidance and Waiver Process for DOI Financial Assistance
Agreements | U.S. Department of the Interior.
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Questions pertaining to waivers should be directed to the Financial Assistance Awarding
Officer.
Definitions
The definitions applicable to this term are set forth at 2 CFR §184.3, the full text of which is
incorporated by reference. For additional legal definitions and sourcing requirements, the
recipient must consult the “Buy America” Domestic Sourcing Guidance and Waiver Process
for DOI Financial Assistance Agreements | U.S. Department of the Interior, 2 CFR Part 184,
and the OMB Memorandum M-24-02, Implementation Guidance on Application of Buy
America Preference in Federal Financial Assistance Programs for Infrastructure.
Y. SIGNATURES
Recipients are NOT required to sign the Notice of Financial Assistance Award letter or any
other award document. As per DOI standard award terms and conditions, the recipient's
acceptance of a financial assistance award is defined as the start of work, drawing down
funds, or accepting the award via electronic means.
Z. EXECUTIVE ORDERS AND DEPARTMENT OF THE INTERIOR SECRETARY
ORDERS
Recipients must comply with all applicable Presidential Executive Orders (EO) found at:
https://www.whitehouse.gov/presidential-actions/ and all applicable DOI Secretary’s Orders
(SO) found at: https://www.doi.gov/document-library/secretary-order that are in effect at the
time of award, or that may take effect during the period of performance of the award. By
accepting this award, the recipient certifies awareness and compliance with all current and
applicable executive and secretary orders, including the President’s EO on Ending Radical
and Wasteful Government DEI Programs and Preferencing as well as the EO and SO
on Restoring Truth and Sanity to American History.
Recipients are responsible for ensuring their activities are consistent with the intent and
requirements of these directives.
FAMD-1443-005-2026-02

National Park Service
LWCF U.S. Department of the Interior
State and Local Assistance Programs
04-00817 Pima Park Playground Improvements Chandler, Maricopa, AZ
Proposed F ederal A ct ion
Approval of Land and Water Conservation Fund (LWCF) grant number 04-00817 Pima Park Playground
Improvements. The project statement of work is as follows: The recipient, Arizona Department of Parks, will
pass through a subaward to the subrecipient, the City of Chandler, to improve Pima Park. This project will:
remove the old playground, replace it with an adaptive play space, and install new play surfacing.
C at egorical E xclusion
This grant has been environmentally certified F(5) which states: "Grants for the construction of new facilities
within an existing park or recreation area, provided that the facilities will not:
a. conflict with adjacent ownerships or land use, or cause a nuisance to adjacent owners or occupants, e.g.,
extend use beyond daylight hours;
b. introduce motorized recreation vehicles;
c. introduce active recreation pursuits into a passive recreation area;
d. increase public use or introduce noncompatible uses to the extent of compromising the nature and
character of the property or causing physical damage to it; or
e. add or alter access to the park from the surrounding area."
No extraordinary circumstances apply.
Executive Order 14154, Unleashing American Energy (Jan. 20, 2025), and a Presidential Memorandum, Ending Illegal
Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025), require the Department to strictly adhere to
the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq. Further, such Order and Memorandum
repeal Executive Orders 12898 (Feb. 11, 1994) and 14096 (Apr. 21, 2023). Because Executive Orders 12898 and 14096
have been repealed, complying with such Orders is a legal impossibility. The NPS verifies that it has complied with the
requirements of NEPA, including the Department's regulations and procedures implementing NEPA at 43 C.F.R. Part 46
and Part 516 of the Departmental Manual, consistent with the President's January 2025 Order and Memorandum.
HALLIE Digitally signed by
HALLIE GROFF
GROFF Date: 11:11:31 2026.08.13 -06'00'
Hallie Groff Date
Supervisory Compliance Officer
Land and Water Conservation Fund Program
National Park Service - Interior Regions 6, 7, and 8

1361 - City of Chandler - Pima Park Improvements
Application Details
Funding Opportunity:
25008-*LAND AND WATER CONSERVATION FUND (LWCF)*
Program Area: Land and Water Conservation Fund
Status: Under Review
Organization: Chandler, City of
Global Budget
Scope Item #1 Staff/Personnel Costs
Staff/Personnel Costs Breakdown Quantity Unit Type Unit Cost Total Match/In-kind Total Grant Request State Date End Date
Demo and Site Work 1.00 Other $125,000.00 $125,000.00 $75,000.00 $50,000.00
$125,000.00 $75,000.00 $50,000.00
Scope Item #2 Equipment/Materials
Equipment Costs Breakdown Quantity Unit Type Unit Cost Total Match/In-kind Total Grant Request State Date End Date
No Data for Table
Scope Item #3 Construction
Construction Costs Breakdown Quantity Unit Type Unit Cost Total Match/In-Kind Total Grant Request State Date End Date
Installation - Site Work 1.00 $200,000.00 $200,000.00 $100,000.00 $100,000.00
Installation - Products 1.00 $650,000.00 $650,000.00 $325,000.00 $325,000.00
Installation - Surfacing 1.00 $525,000.00 $525,000.00 $250,000.00 $275,000.00
$1,375,000.00 $675,000.00 $700,000.00
Scope Item #4 Land Acquisition

Parcel Estimated Date of Estimated Value of Estimated Value of Match In- Total Grant State End
No. Acreage Acquisition Land Improvements Kind Request Date Date
No Data for Table
Scope #5 Engineering and Surveys
Engineering and Survey Costs Breakdown Quantity Unit Type Unit Cost Total Match/In-kind Total Grant Request State Date End Date
No Data for Table
Scope Item #6 Other
Other Costs Breakdown Quantity Unit Type Unit Cost Total Match/In-kind Total Grant Request State Date End Date
No Data for Table
Totals
Total Grant Request*: $750,000.00
Total Match/In-kind: $750,000.00
Total Cost: $1,500,000.00
Total Match Percentage: 50.00%
Budget Notes
Budget Notes:
Max 3000 Characters (Not required)