Department of the Interior Standard
Award Terms and Conditions
Effective December 2, 2019
I. PREFACE
Recipients and subrecipients of the Department of the Interior (DOI) grant and cooperative
agreement awards (hereafter referred to as ‘awards’) must comply with the applicable terms and
conditions incorporated into their Notice of Award. These terms and conditions are in addition to
the assurances and certifications made as part of the award and terms, conditions or restrictions
reflected on the official financial assistance award document. Recipients indicate their acceptance
of an award by drawing down funds, or accepting the award through electronic means. Recipient
acceptance of an award from the DOI carries with the responsibility to be aware of and comply
with all terms and conditions applicable to the award. Recipients are responsible for ensuring their
subrecipients and contractors are aware of and comply with applicable award statutes, regulations,
and agency requirements. Recipients must review their official award document for additional
administrative and programmatic requirements. Recipient and subrecipient failure to comply with
the general terms and conditions outlined below and those directly reflected on the official financial
assistance award document can result in the DOI taking one or more of remedies described in 2
Code of Federal Regulations (C.F.R.) parts 200.338 and 200.339.
The DOI will notify the recipient whenever terms and conditions are updated to accommodate
instances in the passage of a regulation or statute that requires compliance. Also, the DOI will
inform the recipient of revised terms and conditions in the action of an award modification of
adding additional funds. The DOI bureaus and offices will make such changes by issuing a Notice
of Award amendment that describes the change and provides the effective date. Revised terms and
conditions do not apply to the recipient’s expenditures of DOI funds or activities the recipient
carries out before the effective date of the revised DOI terms and conditions.
II. PAYMENT SYSTEMS (and alternate payments)
For domestic financial assistance awards: All domestic financial assistance award
payments/disbursements shall be made using a US-based financial institution. Payments shall be
made using the Automated Standard Application for Payments (ASAP), a system administered by
the Department of the Treasury.
For foreign financial assistance awards: The preferred method of payment is with a US-based
financial institution. For foreign assistance awards where no such US-based banking
relationship exists, payments may be made using the standard method established by the
Department of the Treasury for International Treasury Services (ITS).
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III. GENERAL PROVISIONS
The Recipient shall be subject to the following administrative, cost principles, and single audit
requirements found
in financial assistance regulations. Copies of these regulations can be obtained
by visiting the Electronic C.F.R. website.
A. Institutions of Higher Education, State and Local Governments , Tribal Governments, and Non-
Profit Organizations
• 2 C.F.R. part 200 Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards
o 2 C.F.R. subpart A, Acronyms and Definitions
o 2 C.F.R. subpart B, General Provisions
o 2 C.F.R. subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards
o 2 C.F.R. subpart D, Post Federal Award Requirements
o 2 C.F.R. subpart E, Cost Principles
o 2 C.F.R. parts 200.416 and 200.417, Special Cost Considerations for State, Local
Governments, and Indian Tribes
o 2 C.F.R. parts 200.418 and 200.419, Special Cost Considerations for Institutions
of Higher Education
o 2 C.F.R. subpart F, Audit Requirements parts 200.501 to 200.512
• 2 C.F.R. parts 1402.103, 1402.112, 1402.113 and 1402.315 Financial Assistance Interior
Regulation.
• Publications– Results of any project carried out under a financial assistance award are to
be published in professional journals, trade magazines, or publications otherwise made by
the DOI. Such manuscripts or publications submitted to journals or professional books for
publication shall be accompanied by the following notation: Submission of this manuscript
for publication with the understanding that the United States Government is authorized to
reproduce and distribute reprints for Governmental purposes. Publishers are required to
send copies, whether they be in print or electronic format (CD-ROM, DVD). Materials
born digitally and not produced in print or a tangible electronic format like a CD-ROM or
DVD must send a link to the digital document. The address of the library is: U.S.
Department of the Interior, Natural Resources Library, Division of Information and Library
Services, Gifts and Exchange Section, 18th and C Streets, NW. Washington, DC 20240.
For additional information please visit the website for the Natural Resources Library.
• Indirect Costs Proposals
o Appendix III to 2 C.F.R. part 200 – Indirect (F&A) Costs Identification and
Assignment, and Rate Determination for Institutions of Higher Education (IHEs)
o Appendix IV to 2 C.F.R. part 200 – Indirect (F&A) Costs Identification and
Assignment, and Rate Determination for Nonprofit Organizations
o Appendix V to 2 C.F.R. part 200 – State/Local Government and Indian Tribe Wide
Central Service Cost Allocation Plans
o Appendix VI to 2 C.F.R. part 200 – Public Assistance Cost Allocation Plans
o Appendix VII to 2 C.F.R. part 200 – States and Local Government and Indian
Tribe Indirect Cost Proposals
B. Foreign Entities
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• Foreign entities are subject to the administrative requirements applicable to non-Federal
entities in 2 C.F.R. part 200, subparts A through E and:
o 2 C.F.R. subpart A, Acronyms and Definitions
o 2 C.F.R. subpart B, General Provisions
o 2 C.F.R. subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards
o 2 C.F.R. subpart D, Post Federal Award Requirements
o 2 C.F.R. subpart E, Cost Principles, parts 200.400 to 200.411
• 2 C.F.R. parts 1402.103, 1402.112, 1402.113, 1402.300 and 1402.315 Financial Assistance
Interior Regulation (Please see exceptions in 2 C.F.R. part 1402.102)
• Foreign public entities are also subject to the requirements specific to States, with the
following exceptions:
o The State payment procedures in part 200.305(a) do not apply. Foreign public
entities must follow the payment procedures in part 200.305(b).
o The requirements in part 200.321 “Contracting with small and minority businesses,
women’s business enterprises, and labor surplus area firms” do not apply.
o The requirements in part 200.322 “Procurement of recovered materials” do not
apply.
• Foreign non-profit organizations (see definition in 2 C.F.R. part 200.70) are also subject
to the requirements specific to non-profit organizations.
• Foreign Institutions of Higher Education (IHEs) Institutions located outside the United
States that meet the definition in 20 United States Code (U.S.C.) part 1001 are also subject
to the requirements specific to IHEs.
• Publications– Results of any project carried out under a financial assistance award are to
be published in professional journals, trade magazines, or publications otherwise made by
the DOI. Such manuscripts or publications submitted to journals or professional books for
publication shall be accompanied by the following notation: Submission of this manuscript
for publication with the understanding that the United States Government is authorized to
reproduce and distribute reprints for Governmental purposes. Publishers are required to
send copies, whether they be in print or electronic format (CD-ROM, DVD). Materials
born digitally and not produced in print or a tangible electronic format like a CD-ROM or
DVD must send a link to the digital document. The address of the library is: U.S.
Department of the Interior, Natural Resources Library, Division of Information and Library
Services, Gifts and Exchange Section, 18th and C Streets, NW. Washington, DC 20240. .
For additional information please visit the website for the Natural Resources Library
.
• Foreign for-profit entities are subject to the cost principles in 48 C.F.R. 1, subpart 31.2
• All other foreign entities are subject to the requirements applicable to non-Federal entities
in 2 C.F.R. part 200, Subpart E.
• Foreign public entities are also subject to the requirements specific to States.
• Indirect Cost Foreign IHEs: Appendix III to part 200—Indirect (F&A) Costs Identification
and Assignment, and Rate Determination for IHEs. The U.S. Department of Health and
Human Services (HHS) is the cognizant agency for indirect costs for foreign IHEs. Please
visit HHS’ Cost Allocation Services website for more information.
• Indirect Cost Foreign non-profit organizations: Appendix IV to part 200—Indirect (F&A)
Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations.
• Indirect Cost Foreign public entities: Appendix VII to part 200—States and Local
Government and Indian Tribe Indirect Cost Proposals.
• Indirect Cost Foreign for-profit entities: Contact the National Interior Business Center
(IBC), Indirect Cost Services by telephone at (916) 566-7111 or by e-mail at:
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C. For-Profit Entities, Individuals, and Others Not Covered Above
• 2 C.F.R. part 200, subparts A through D Administrative Requirements, Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards
o 2 C.F.R. subpart A, Acronyms and Definitions
o 2 C.F.R. subpart B, General Provisions
o 2 C.F.R. subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards
o 2 C.F.R. subpart D, Post Federal Award Requirements
o 2 C.F.R. subpart E, Cost Principles, parts 200.400 to 200.411
• 2 C.F.R. parts 1402.206, 1402.207(a) and (b), 1402.112, 1402.113, 1402.300 and 1402.315
Financial Assistance Interior Regulation
• Publications– Results of any project carried out under an assistance award are to be
published in professional journals, trade magazines, or publications otherwise made by the
DOI. Such manuscripts or publications submitted to journals or professional books for
publication shall be accompanied by the following notation: Submission of this manuscript
for publication with the understanding that the United States Government is authorized to
reproduce and distribute reprints for Governmental purposes. Publishers are required to
send copies, whether they be in print or electronic format (CD-ROM, DVD). Materials
born digitally and not produced in print or a tangible electronic format like a CD-ROM or
DVD must send a link to the digital document. The address of the library is: U.S.
Department of the Interior, Natural Resources Library, Division of Information and Library
Services, Gifts and Exchange Section, 18th and C Streets, NW. Washington, DC 20240. .
For additional information please visit the website for the Natural Resources Library
.
• 48 C.F.R. 1 subpart 31.2 Contracts with Commercial Organizations (not applicable to
individuals or other entities not covered above).
• Indirect Cost Rate Negotiations – For information on indirect cost rate negotiations, contact
the Interior Business Center (IBC) Indirect Cost Services Division by telephone at (916)
566-7111 or by e-mail at: [email protected]. Please visit IBC’s Indirect Cost Services
Division website for more information.
IV. STATUTE AND REGULATION REQUIREMENTS
The following statutory and national policy requirements apply to individuals and non-Federal
entities, including foreign public entities and foreign organizations, unless otherwise described in
this section.
2 C.F.R. part 25 Unique Entity Identifier – Unless exempted from this requirement under 2 CFR
25.110, the recipient must maintain the currency of their information in the System for Award
Management (SAM) until submission of their final financial report required under this award or
receipt of final payment, whichever is later. The recipient must notify potential subrecipients of
the requirement to provide its unique entity identifier. The requirements in this part do not apply to
individuals or any entity with a qualifying condition and exempted by the awarding bureau or office
before award per 2 CFR §25.110(d) and bureau or office policy.
2 C.F.R. part 170 Reporting Subawards and Executive Compensation – Unless the recipient is
exempt from this award term, the recipient must report each action that obligates $25,000 or more
in federal funds for a sub-award to an entity. The recipient must report each obligating action to
the Federal Funding Accountability and Transparency Act Subaward Reporting System. No later
than the end of the month following the month in which the obligation was made. Recipients must
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report executive total compensation described in paragraph (b)(1) of this award term as part of your
SAM registration profile by the end of the month following the month in which this award is made,
and annually thereafter. Recipients must include the award term at paragraph c. concerning
reporting of subrecipient total executive compensation in subaward agreements. This rule applies
to all other awards with a total Federal share of more than $500,000. It does not apply to
individuals.
2 C.F.R. part 175 Award Term for Trafficking in Persons
– Applies to private entities as defined in
2 CFR §175.25(d) and awards to States, local governments, Indian tribes or foreign public entities,
if funding could be provided under the award to a private entity as a subrecipient.
2 C.F.R. part 200 Appendix XII Recipient Integrity and Performance Matters (FAPIIS) – Applies
to awards with a total federal share of more than $500,000.
2 C.F.R. part 1400 Nonprocurement Debarment and Suspension – A person or entity who is
debarred or suspended is excluded from activities involving Federal financial and nonfinancial
assistance and benefits. Recipients of DOI financial assistance (See exceptions in part 1400.215 to
"primary covered transactions"), are required to determine whether it or any of its principals (as
defined in 2 C.F.R. part 180.995) is excluded or disqualified from participating in a covered
transaction (i.e., grant or cooperative agreement) prior to entering into the covered transaction, i.e.,
prior to the drawdown of funds which signals acceptance of the grant award. Individuals and
entities excluded from receiving government financial assistance and contracts are can be found on
the GSA’s System for Award Management website.
2 C.F.R. part 1401 Requirements for Drug-Free Workplace – Under the Drug-Free Workplace Act
of 1988, 41 U.S.C. parts 701-707 a drug-free workplace policy is required for any organizations
receiving a federal financial assistance award of any size. At a minimum, such organizations must:
(1) Prepare and distribute a formal drug-free workplace policy statement. (2) Establish a drug-free
awar
eness program. (3) Ensure that all employees working on the federal contract understand thei
r
pe
rsonal reporting obligations. (4) Take direct action against an employee convicted of a workplac
e
dr
ug violation. (5) Maintain an ongoing good faith effort to meet all the requirements of the Drug-
free Workplace Act throughout the life of the award. This rule does not apply to foreign publi
c
entities or foreign organizations.
43 C
.F.R. part 18 New Restrictions on Lobbying – The Authorized Representative's signature on
the application submitted to the DOI bureau or offices certifies to the statements in 43 C.F.R. part
18, Appendix A Certification Regarding Lobbying. These provisions prohibit the use of Federal
funds for lobbying the executive or legislative branches of the Federal government in connection
with an award, and require disclosure of the use of non-Federal funds for lobbying (31 U.S.C. part
1352). Any recipient (See Definition in 43 C.F.R. part 18.105(o)) that requests or receives (31
U.S.C. part 1352(2)(b
) more than $100,000 in Federal funding and has made or agrees to make any
payment using non-appropriated funds for lobbying in connection with a proposal or award shall
submit a completed Form SF-LLL, “Disclosure of Lobbying Activities,” regarding the use of non-
Federal funds for lobbying. The Form SF-LLL shall be submitted
at the end of each calendar quarter
in which there occurs any event that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed.
Recipient includes all contractors and
subgrantees at any tier of the recipient of funds received in connection with a Federal grant, loan,
or cooperative agreement. These restrictions do not apply to an Indian tribe, tribal organization, or
any other Indian organization with respect to expenditures specifically permitted by other Federal
law. Please visit 43 C.F.R. part 18.110 Certification and Disclosure Requirements for more
information.
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V. OTHER STATUTE AND REGULATION REQUIREMENTS
Pub. L. 116-6 Representation and Certifications by Corporations Regarding Delinquent Tax
Lia
bility or a Felony Conviction – As required by the provisions contained in the Consolidate
d
A
ppropriations Act, 2019 sections 744 and 745, regarding unpaid federal tax liabilities and federa
l
f
elony convictions. The DOI will not enter into a contract, cooperative agreement, grant, loan,
or
m
emorandum of understanding with any corporation that – (1) has any unpaid Federal tax liabilit
y
currently assessed, for which all judicial and administrative remedies have been exhausted or have
l
apsed. Also, the tax liability is not being paid promptly under an agreement with the authorit
y
r
esponsible for collection. Whereby the DOI is aware of the unpaid tax liability unless an agen
cy
ha
s considered suspension or debarment of the corporation and decided that suspensi
on or
d
ebarment is not necessary to protect the interests of the DOI. Or (2) was convicted of a felon
y
criminal violation under any federal law within the preceding twenty-four (24) months preceding
t
he award, where the DOI is aware of the conviction unless the DOI has considered suspension o
r
de
barment of the for-profit or non-profit and decided that this action is not necessary to protect t
he
i
nterests of the DOI. To comply with these provisions, only applicants that are or propose to be
a
co
rporation will submit a response to the representation and certifications as part of their pre-
application. Applicants who do not furnish such information as may be requested by the contracting
o
r financial assistance awarding officer shall be allowed to remedy the deficiency. Failure t
o
p
rovide an acceptable response may render the applicant ineligible to receive an award under thi
s
a
nnouncement or recover any funds the recipient has spent in violation of the above cited statutor
y
pr
ovisions
.
41 U.
S.C. part 4712 Enhancement of Recipient and Subrecipient Employee Whistleblo
wer
Pr
otection – Applies to all awards over the simplified acquisition threshold (currently $250,000)
.
41 U.
S.C. part 6306 Prohibition on Members of Congress Making Contracts with Feder
al
Government – No member of or delegate to the United States Congress or Resident Commissioner
sh
all be admitted to any share or part of this award, or to any benefit that may arise therefrom; th
is
pr
ovision shall not be construed to extend to an award made to a corporation for the public’s genera
l
b
enefit
.
Section 743 of Division E Title VII of Pub. L. 113-235 Prohibition on Issuing Financial Assistance
Awar
ds to Entities that Require Certain Internal Confidentiality Agreement
s
4
2 U.S.C. part 2000(d) Title VI of the Civil Rights Act of 1964, and the DOI implementin
g
r
egulations published at 43 C.F.R. part 17 and Special Regulations at 43 C.F.R. part 4.
800
prohibiting discrimination on the grounds of race, color, or national origin under programs or
a
ctivities receiving Federal financial assistan
ce.
20 U
.S.C. part 1681 Title IX of the Education Amendments of 1972, and DOI implementin
g
r
egulations published at 43 C.F.R. part 41.100 prohibiting discrimination on the basis of sex i
n
Federally assisted education programs or activities.
4
2 U.S.C. part 12101 The Americans with Disabilities Act of 1990 – Prohibits discriminati
on on
t
he basis of disability under programs, activities, and services provided or made available by Stat
e
an
d local governments or instrumentalities or agencies thereto, as well as public or private entiti
es
that provide public transportation.
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Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. part 794, and the DOI
implementing regulations published at 43 C.F.R. part 17 subpart B prohibiting discrimination on
the basis of handicap under any program or activity receiving or benefiting from Federal financial
assistance.
41 C.F.R. parts 101-19.6 Accessibility Standards – For purposes of complying with the standards
set forth in non-federal entities must adhere to the regulations, published by the U.S. Department
of Justice, implementing Title II of the Americans with Disabilities Act (ADA) 28 C.F.R. part 35;
and Title III of the ADA 28 C.F.R. part 36. The revised regulations adopted new enforceable
accessibility standards called the “2010 ADA Standards for Accessible Design,” which replace and
supersede the former Uniform Federal Accessibility Standards for new construction and alteration
projects.
42 U.S.C part 6101 The Age Discrimination Act of 1975, and DOI implementing regulations
published at 43 C.F.R. parts 17.300-17.339 unless an exception applies in 43 C.F.R. part 17.302,
the rule prohibits discrimination on the basis of age in programs or activities receiving Federal
financial assistance.
42 U.S.C. part 2000(e) Title VII of the Civil Rights Act of 1964 – Generally prohibits employers
from discriminating against employees on the basis of religion. Title VII prohibits discriminatory
treatment of employees on the basis of their religious beliefs and requires employers to make
reasonable accommodations for employees’ religious practices. Religious organizations, however,
may be exempt from some of the prohibitions of Title VII.
49 U.S.C. part 40118 Fly American Act – Federal travelers are required to use U.S. air carrier
service for all air travel and cargo transportation services funded by the U.S. government. One
exception to this requirement is transportation provided under a bilateral or multilateral air transport
agreement, to which the U.S. government and the government of a foreign country are parties, and
which the Department of Transportation has determined meets the requirements of the Fly America
Act. The U.S. government has entered into several air transport agreements that allow federal
funded transportation services for travel and cargo movements to use foreign air carriers under
certain circumstances. There are currently bilateral/multilateral “Open Skies Agreements” (U.S.
Government Procured Transportation) in effect:
• U.S. Government and the European Union (EU) effective April 30, 2007
• U
.S. - EU Amendment effective June 24, 20
10
• U
.S. - EU Amendment effective June 21, 20
11
• U
.S. - Australia Open Skies Agreement effective October 1, 200
8
• U
.S. - Switzerland Transport Agreement effective October 1, 200
8
• U. S. and Japan effective October 1, 2011
Ho
meland Security Presidential Directive (HSPD) 12 – The subrecipient or contractor must comply
with personal identity verification procedures identified in the subaward or contract that implement
Homeland Security Presidential Directive 12 (HSPD-12), Office of Management and Budget
(OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards Publication
(FIPS PUB) Number 201, as amended, for all employees under this subaward or contract who
require routine physical access to a Federally-controlled facility or routine access to a Federally-
controlled information system. The subrecipient or contractor must account for all forms of
Government-provided identification issued to the subrecipient or contractor employees in
connection with performance under this subaward or contract. The subrecipient or contractor must
return such identification to the issuing agency at the earliest of any of the following, unless
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otherwise determined: (1) When no longer needed for subaward or contract performance; (2) Upon
completion of the subrecipient or contractor employee’s employment; (3) Upon subaward or
contract completion or termination.
54 U.S. Code part 312502 The Historical and Archeological Data Preservation Act of 1974
–
Requiring appropriate surveys and preservation efforts if a Federally-licensed project may cause
irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological
data.
Executive Order No. 11,988, 1977 Floodplain Management and Executive Order No. 11,990, 1977
Protection of Wetlands – Non-Federal entities must identify proposed actions in federally defined
floodplains and wetlands to enable DOI to make a determination whether there is an alternative to
minimize any potential harm.
Executive Order No. 11,246, 1965 Equal Employment Opportunity – Requires federally assisted
construction contracts to include the nondiscrimination provisions of parts 202 and 203 of
Executive Order No. 11,246 and Department of Labor regulations implementing at 41 C.F.R. part
60-1.4(b).
E
xecutive Order No. 12,432. 1983 Minority Business Enterprise Development–Encourages
recipients to utilize minority business enterprises in the performance of the award. When
contracting for any supplies, services, research, or construction under the award, the recipients must
make their best efforts to solicit bids, proposals, or quotations from minority business enterprises.
A minority business enterprise is defined as a business that is at least 51 percent owned by one or
more minority individuals, or in the case of any publicly owned business, at least 51 percent of the
voting stock is owned by one or more minority individuals. The daily business operations are
likewise managed by a minority owner. A minority individual is defined as a U.S. citizen who has
been subjected to racial or ethnic prejudice or cultural bias because of his or her identity as a
member of this group without regard to his or her individual qualities. Such groups include, but
are not limited to: Black [African] Americans, Hispanic Americans, Native Americans, and Asian-
Pacific Americans.
Executive Order No. 13,043, 1997 Increasing Seat Belt Use in the United States – Non-Federal
entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their
employees and contractors when operating company-owned, rented, or personally owned vehicles.
Individuals are encouraged to use seat belts while driving in connection with award activities.
Executive Order No. 13,166, 2000 Improving Access to Services for Persons with Limited English
Proficiency–Requires Federal agencies to examine the services provided, identify any need for
services to those with limited English proficiency (LEP), and develop and implement a system to
provide those services so LEP persons can have meaningful access to them. Title VI prohibition
against national origin discrimination affecting LEP persons and to help ensure that non-Federal
entities provide meaningful access to their LEP applicants and beneficiaries.
Executive Order No. 13,513, 2009 Federal Leadership on Reducing Text Messaging While Driving
Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while
driving company-owned, government-rented vehicles or while driving privately-owned vehicles in
connection with award activities.
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Executive Order No. 13,798, 2017 Promoting Free Speech and Religious Liberty –The order was
issued to protect and promote free and open debate on college and university college campuses. Its
application is for colleges and universities to follow their existing obligation to follow the Free
Speech provisions of the Constitution.
VI. REQUIREMENTS RELATED TO ENVIRONMENTAL PROJECTS
Recipients of financial assistance under this award must comply with the following: Pub. L. No.
89
-544 Laboratory Animal Welfare Act of 1966; and 7 U.S.C. part 2131 as pertains to anima
l
acq
uisition, transport, care, handling, and use in projects, and the implementing regulations.
9
C.
F.R. parts 1-3; 16 U.S.C. part 1531 The Endangered Species Act; 16 U.S.C. part 1361 The Marin
e
M
ammal Protection Act prohibits “taking possession of, transport, purchase, sale, export or import
of wildlife and plants.” 16 U.S.C. part 4701 The Non-indigenous Aquatic Nuisance Prevention and
Control Act, which “ensure[s] preventive measures are taken or that probable harm of using species
is minimal if there is an escape or release;” and all other applicable statutes pertaining to the care,
handling, and treatment of warm-blooded animals held for research, teaching, or other activities
supported by Federal financial assistance.
42 U.S.C. part 4321 The National Environmental Policy Act – NEPA establishes protection of the
environment as a national priority and mandates that environmental impacts must be considered
before any federal action likely to significantly affect the environment is undertaken.
42 U.S.C. part 7401 Clean Air Act, 33 U.S.C. part 1251 Clean Water Act, and Executive Order No.
11,738 Providing for administration of the Clean Air Act and the Federal Water Pollution Control
Act with respect to Federal contracts and financial assistance.
42 U.S.C. part 4002 The Flood Disaster Protection Act –Requires that projects receiving federal
assistance and located in an area identified by the Federal Emergency Management Agency
(FEMA) as being within a Special Flood Hazard Areas (SFHA) be covered by flood insurance
under the National Flood Insurance Program (NFIP). This term does not apply to formula financial
assistance to States.
16 U.S.C. part 1531 The Endangered Species Act –Ensures that actions they authorize, fund, or
carry out are not likely to jeopardize the continued existence of any listed species or result in the
destruction or adverse modification of designated critical habitat of such species. The law also
prohibits any action that causes a "taking" of any listed species of endangered fish or wildlife.
Likewise, import, export, interstate, and foreign commerce of listed species are all generally
prohibited.
16 U.S.C. part 1451 The Coastal Zone Management Act–Directs coastal states to develop and
implement coastal zone management plans. If a state or territory chooses to develop a coastal zone
management program and the program is approved, the state or territory (1) becomes eligible for
several federal financial assistance and (2) can perform reviews of federal agency actions in coastal
areas (known as federal consistency determination reviews).
16 U.S.C. part 3501 The Coastal Barriers Resources Act –Only in certain circumstances can Federal
funding be provided for actions within a Coastal Barrier System.
16 U.S.C. part 1271 The Wild and Scenic Rivers Act–Applies to awards that may affect existing
or proposed components of the National Wild and Scenic Rivers system.
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42 U.S.C. part 300f The Safe Drinking Water Act of 1974–Precludes Federal assistance for any
project that the United States Environmental Protection Agency (US EPA) determines may
contaminate a sole source aquifer so as to threaten public health.
42 U.S.C. part 6901 The Resource Conservation and Recovery Act–Regulates the generation,
transportation, treatment, and disposal of hazardous wastes, and also provides that non-Federal
entities give preference in their procurement programs to the purchase of recycled products
pursuant to US EPA guidelines at 40 C.F.R. part 247. For more information on this requirement
please visit
2 C.F.R. part 200.322, Procurement of recovered materials.
42 U.S.C. part 9601 The Comprehensive Environmental Response, Compensation, and Liability
Act–These requirements address responsibilities related to hazardous substance releases,
threatened releases and environmental cleanup. There are also reporting and community
involvement requirements designed to ensure disclosure of the release or disposal of regulated
substances and cleanup of hazards to state and local emergency responders.
Executive Order No. 13,658, 2014 Establishing a Minimum Wage for Contractors –Establishes a
minimum wage requirement for Federal contractors and subcontractors. The Order provides
agencies shall, to the extent permitted by law, ensure that new covered contracts, contract-like
instruments, and solicitations include a clause, which the contractor and any subcontractors shall
incorporate into lower-tier subcontracts, specifying, as a condition of payment, that the minimum
wage to be paid to workers, including workers whose wages are calculated pursuant to special
certificates issued under 29 U.S.C. part 214(c), in the performance of the contract or any
subcontract.
VII. REQUIREMENTS RELATED TO CONSTRUCTION PROJECTS
40 U.S.C. parts 3141–3144, 3146, 3147; 42 U.S.C. part 3212 The Davis-Bacon Act – Requires that
a
ll contractors and subcontractors performing construction, alteration and repair (including paintin
g
a
nd decorating) work under federal or District of Columbia contracts in excess of $2,000 pay thei
r
l
aborers and mechanics not less than the prevailing wage and fringe benefits for the geographi
c
l
ocation. Construction or renovation projects funded by federal funds, in whole or in part, ar
e
subject in their entirety to the Davis-Bacon Act as amended 40 U.S.C. parts 276(a) through 276(a-
5). Award recipients are required by law to furnish assurances to the Secretary of Labor that al
l
l
aborers and mechanics employed by contractors or subcontractors on DOI-supported constructi
on
p
rojects shall be paid wages at rates that are not less than those prevailing on similar constructio
n
i
n the locality, as determined by the Secretary of Labor
.
4
0 U.S.C. parts 3701-3708 The Contract Work Hours and Safety Standard
s Act
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract
w
ork which may require or involve the employment of laborers or mechanics shall require or permi
t
a
ny such laborer or mechanic in any work week in which he or she is employed on such work t
o
w
ork in excess of forty hours in such work week unless such laborer or mechanic receive
s
c
ompensation at a rate not less than one and one-half times the basic rate of pay for all hours work
ed
in excess of forty hours in such workweek.
(2) V
iolation; liability for unpaid wages; liquidated damages. In the event of any violation of t
he
c
lause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsibl
e
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therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3)
W
ithholding for unpaid wages and liquidated damages. The DOI or the Recipient
or
Subrecipient shall upon its own action or upon written request of an authorized representative of
t
he Department of Labor withhold or cause to be withheld, from any moneys payable on acc
ount
of
work performed by the Contractor or subcontractor under any such contract or any other Federa
l
co
ntract with the same prime Contractor, or any other federally-assisted contract subject to th
e
C
ontract Work Hours and Safety Standards Act, which is held by the same prime contractor, su
ch
sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
s
ubcontractor for unpaid wages and liquidated damages as provided in the clause set forth i
n
pa
ragraph (b)(2) of this secti
on.
(
4
) C
ontracts and Subcontracts. The Recipient, Subrecipient, and Recipient’s and Subrecipient’
s
contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1)
t
hrough (4) of this section and also a clause requiring the subcontractors to include these clauses i
n
an
y lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontracto
r
o
r lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section
.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the
c
ourse of the work and shall preserve them for a period of three years from the completion of th
e
C
ontract for all laborers and mechanics, including guards and watchmen, working on the Contract
.
S
uch records shall contain the name and address of each such employee, social security number
,
co
rrect classifications, hourly rates of wages paid, daily and weekly number of hours worked
,
deductions made, and actual wages paid. The records to be maintained under this paragraph shall
be
made available by the Contractor or subcontractor for inspection, copying, or transcription b
y
au
thorized representatives of the DOI and the Department of Labor, and the Contractor
or
su
bcontractor will permit such representatives to interview employ
ees
dur
ing working hours on the j
ob.
5
4 U.S.C. part 300101 The National Historic Preservation Act of 1966, and the Advisory Council
on Historic Preservation Guidelines - Projects involving construction, renovation, repair,
rehabilitation, or ground or visual disturbances must comply with 36 C.F.R. part 800 that requires
the DOI to consider the effects of projects offered or awarded funding on historic properties and,
when applicable, to provide the Advisory Council on Historic Preservation an opportunity to
comment on such projects.
42 U.S.C. part 4151 The Architectural Barriers Act of 1968 - Architectural Barriers Act
Accessibility Standards (ABAAS): Effective May 8, 2006, GSA, as the lead access design standard
setting agency for DOI and other agencies, approved the use of the Access Board’s ABAAS for
federal sites, facilities, buildings, and elements. This includes federal facilities where federal
assistance was fully or partly used for construction of the specific facility. Since federal agencies
are subject to ABAAS, notification of complaints alleging that a facility subject to the requirements
of Section 504 of the Rehabilitation Act of 1973, as amended, is not readily accessible to and usable
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by persons with disabilities must be reported to the United States Access Board pursuant to the
requirements of 43 C.F.R. part 17.570.
42 U.S.C. part 4601 The Uniform Relocation Assistance and Real Property Acquisition Policies of
1970, and implementing regulations issued at 49 C.F.R. part 24 (“Uniform Relocation Assistance
and Real Property Acquisition for Federal and Federally Assisted Programs”), which establish
uniform policies for the fair and equitable treatment of persons, businesses, or farm operations
affected by the acquisition, rehabilitation, or demolition of real property acquired for a project
financed wholly or in part with Federal financial assistance.
42 U.S.C. part 6834 The Energy Conservation and Production Act - Established energy efficiency
performance standards for the construction of new residential and commercial structures
undertaken with Federal financial assistance.
Executive Order No. 13,858, 2017 Buy American and Hire American – Encourages recipients of
new federal awards for construction or infrastructure projects to use iron, aluminum, steel, cement,
plastics, PVC pipe, concrete, glass, optical fiber, and lumber manufactured in the United States.
This order expands the types of projects previously covered. It defines infrastructure projects to
include those involving aviation, ports, water resources projects, energy production, generation,
and storage, electricity transmission, gas, oil, and propane storage and transmission, electric, oil,
natural gas, and propane distribution systems, broadband internet, pipelines, storm water and sewer
infrastructure, and cybersecurity.
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