BLM # needed
BOEM # no number issued
USFWS # no number issued
USGS # G14AC00201
NPS # P14AC00637
USDA FS # 14-JV-11272136-070
NRCS # A-3A75-14-160
DOD ODUSD (I&E) # W9126G-14-2-0017
USACE-CW # W912HZ-10-2-0007
NOAA # no number issued
HAWAII-PACIFIC ISLANDS
COOPERATIVE ECOSYSTEM STUDIES UNIT
COOPERATIVE and JOINT VENTURE AGREEMENT
between
U.S. DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Bureau of Ocean Energy Management
U.S. Fish and Wildlife Service
U.S. Geological Survey
National Park Service
U.S. DEPARTMENT OF AGRICULTURE
U.S. Forest Service
Natural Resources Conservation Service
U.S. DEPARTMENT OF DEFENSE
Office of the Deputy Under Secretary of Defense
(Installations and Environment)
U.S. Army Corps of Engineers – Civil Works
U.S. DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
and
UNIVERSITY OF HAWAII (HOST)
(UH-Manoa, UH-Hilo, UH-West Oahu, Hawaii Community College,
Honolulu Community College, Kapiolani Community College,
Kauai Community College, Leeward Community College,
Maui College, Windward Community College)
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 2 of 46
University of California - Berkeley
University of Guam
American Samoa Community College
Bishop Museum
National Tropical Botanical Garden
The Nature Conservancy
Pacific International Center for High Technology Research
University of Redlands
Island Conservation
ARTICLE I. BACKGROUND AND OBJECTIVES
A. This Cooperative and Joint Venture Agreement (hereinafter called Agreement)
between Bureau of Land Management, Bureau of Ocean Energy Management, U.S.
Fish and Wildlife Service, U.S. Geological Survey, National Park Service, U.S.
Forest Service, Natural Resources Conservation Service, Office of the Deputy Under
Secretary of Defense (Installations and Environment), U.S. Army Corps of Engineers
– Civil Works, and National Oceanic and Atmospheric Administration (hereinafter
called Federal Agencies), and the University of Hawaii and its partner institutions is a
continuation for a five (5) year term to provide for the operation and maintenance of
the Hawaii-Pacific Islands Cooperative Ecosystem Studies Unit (CESU). This
continuation of the Hawaii-Pacific Islands CESU is implemented by mutual consent
of the parties and is consistent with the prior Agreement and the express intent of
the request for proposals for that Agreement. The Hawaii-Pacific Islands CESU is
associated with a national network of CESUs.
B. The objectives of the Hawaii-Pacific Islands Cooperative Ecosystem Studies Unit are
to:
Provide research, technical assistance and education to federal land
management, environmental and research agencies and their potential
partners;
Develop a program of research, technical assistance and education that
involves the biological, physical, social, and cultural sciences needed to
address resources issues and interdisciplinary problem-solving at multiple
scales and in an ecosystem context at the local, regional, and national level;
and
Place special emphasis on the working collaboration among federal agencies
and universities and their related partner institutions.
C. The Bureau of Land Management (hereinafter called BLM) administers public lands
within a framework of numerous laws. The most comprehensive of these is the
Federal Land Policy and Management Act of 1976 (FLPMA). All Bureau policies,
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 3 of 46
procedures, and management actions must be consistent with FLPMA and the other
laws that govern use of the public lands. It is the mission of the BLM to sustain the
health, diversity, and productivity of the public lands for the use and enjoyment of
present and future generations (43 U.S.C. § 1701 et seq.). In accordance with 43
U.S.C. § 1737(b), the BLM is authorized to enter into contracts and cooperative
agreements involving the management, protection, development, and sale of public
lands; and is thereby authorized to enter into this cooperative agreement to continue
the Hawaii-Pacific Islands CESU to assist in providing research, technical assistance
and education.
D. The Bureau of Ocean Energy Management (hereinafter called BOEM) oversees the
exploration and development of oil, natural gas and other minerals and renewable
energy alternatives on the Nation's outer continental shelf. BOEM continues to look
for better ways to serve the American people and to ensure that the Nation receives
the best value for its resources now and into the future. The program not only
supports decisions made within the Department of the Interior, but also provides
other Federal regulators, and the coastal states, and local governments with the
information necessary to ensure that all stages of offshore energy and mineral
activities are conducted in a manner to protect both the human and natural
environments. Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. §§ 1331-
1356) Section 1346 mandates the conduct of environmental and socioeconomic
studies needed for the assessment and management of environmental impacts on
the human, marine, and coastal environments which may be affected by oil and gas,
renewable energy or mineral development. OCSLA Section 1345 authorizes the use
of cooperative agreements with affected States to meet the requirements of OCSLA,
including sharing of information, joint utilization of available expertise, formation of
joint monitoring arrangements to carry out applicable Federal and State laws,
regulations, and stipulations relevant to outer continental shelf operations both
onshore and offshore. BOEM can enter into cooperative agreements with State
offices, and public colleges and universities within the affected states; and is thereby
authorized to enter into this cooperative agreement to continue the Hawaii-Pacific
Islands CESU to assist in providing research, technical assistance and education.
E. The U.S. Fish and Wildlife Service (hereinafter called USFWS), working with others,
is responsible for conserving, protecting, and enhancing fish, wildlife, plants and
their habitats for the continuing benefit of the American people through federal
programs related to migratory birds, endangered species, interjurisdictional fish and
marine mammals, inland sport fisheries, and the National Wildlife Refuge System. In
accordance with 16 U.S.C. § 661, 16 U.S.C. § 742(f), and 16 U.S.C. § 753(a), the
USFWS is authorized to cooperate with other agencies to assist in providing
research, technical assistance, and education; and is thereby authorized to enter
into this cooperative agreement to continue the Hawaii-Pacific Islands CESU.
F. U.S. Geological Survey (hereinafter called USGS) serves the Nation by providing
reliable scientific information to describe and understand the Earth, minimize the
loss of life and property from natural disasters, manage water, biological, energy,
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 4 of 46
and mineral resources, and enhance and protect our quality of life. USGS has
authority to enter into this Agreement pursuant to Pub. L. 99-591, that bestows
permanent authority on the USGS to “prosecute projects in cooperation with other
agencies, Federal, state, and private” (43 U.S.C. § 36(c)), the USGS Organic Act of
March 3,1879, as amended (43 U.S.C. § 31 et seq.), 16 U.S.C. § 1(a)(2)(j), 16
U.S.C. § 1(g), 16 U.S.C. § 5933, and 16 U.S.C. § 753a to continue the Hawaii-
Pacific Islands CESU to assist in providing research, technical assistance, and
education.
G. The National Park Service (NPS) manages areas of the National Park System “to
conserve the scenery and the natural and historic objects and the wild life therein
and to provide for the enjoyment of the same in such manner and by such means as
will leave them unimpaired for the enjoyment of future generations” (16 U.S.C. § 1 et
seq.). In support of this broad mission, the Secretary of the Interior is authorized and
directed to assure that management of units of the National Park System is
enhanced by the availability and utilization of a broad program of the highest quality
science and information (16 U.S.C. § 5932), and to enter into cooperative
agreements with colleges and universities, including but not limited to land grant
schools, in partnership with other Federal and State agencies, to establish
cooperative study units to conduct multi-disciplinary research and develop integrated
information products on the resources of the National Park System, or the larger
region of which parks are a part (16 U.S.C. § 5933). The NPS is authorized to enter
into cooperative agreements with public or private educational institutions, States,
and their political subdivisions, for the purpose of developing adequate, coordinated,
cooperative research and training activities concerning the resources of the National
Park System (16 U.S.C. § 1a-2(j)); with State, local and tribal governments, other
public entities, educational institutions, and private nonprofit organizations for the
public purpose of carrying out National Park Service programs (16 U.S.C. § 1g); with
State, local, or tribal governments, other Federal agencies, other public entities,
educational institutions, private nonprofit organizations, or participating private
landowners for the purpose of protecting natural resources of units of the National
Park System through collaborative efforts on land inside and outside of National
Park System units (16 U.S.C. § 1j); and with any State or local government, public or
private agency, organization, institution, corporation, individual, or other entity for the
purpose of sharing costs or services in carrying out authorized functions and
responsibilities of the Secretary of the Interior with respect to any unit or program of
the National Park System (per 16 U.S.C. § 1c(a)), any affiliated area, or any
designated National Scenic or Historic Trail (16 U.S.C. § 1f). NPS is also authorized
to provide conservation, recreation, and disaster assistance to partners to help them
achieve goals of mutual interest (16 U.S.C. § 460l(1), 16 U.S.C. § 1723(c)). In
accordance with the aforementioned authorities, the NPS is authorized to enter into
this Agreement to continue the Hawaii-Pacific Islands CESU to assist in providing
research, technical assistance and education.
H. The U.S. Department of Agriculture Forest Service (hereinafter called USFS)
mission is to achieve quality land management under the sustainable multiple-use
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 5 of 46
management concept to meet the diverse needs of the people (16 U.S.C. § 1641-
1646). In accordance with 7 U.S.C. § 3318 (b) the USFS is authorized to enter into
this joint venture agreement to continue the Hawaii-Pacific Islands CESU to assist in
providing research, technical assistance, and education.
I. The Natural Resources Conservation Service (hereinafter called NRCS) improves
the health of our Nation's natural resources while sustaining and enhancing the
productivity of American agriculture (16 U.S.C. §§ 590(a)-(f)). We achieve this by
providing voluntary assistance through strong partnerships with private landowners,
managers, and communities to protect, restore, and enhance the lands and waters
upon which people and the environment depend. NRCS scientists and technical
specialists identify appropriate technologies in research, development, and transfer
them to field staff for recommending the technologies to America’s farmers and
ranchers. Under Section 714 of Pub. L. 106-387, 7 U.S.C. § 6962(a), NRCS is
authorized to enter into this cooperative agreement to continue the Hawaii-Pacific
Islands CESU to assist in providing research, studies, technical assistance, and
educational services consistent with the mission of the NRCS and the CESU
Network.
J. The U.S. Department of Defense Office of the Deputy Under Secretary of Defense
(Installations and Environment) (hereinafter called DOD) manages nearly 30 million
acres of land, and the natural and cultural resources found there, and for this
agreement includes the Office of the Secretary of Defense, the Military Services, the
Defense Logistics Agency, the National Guard Bureaus, and the Military Reserve
Components. DOD's primary mission is national defense. DOD's conservation
program supports this mission by ensuring realistic training areas, and managing its
resources in ways that maximize available land, air, and water training opportunities.
DOD environmental stewardship activities are authorized under the Sikes Act, as
amended. In accordance with one or more of the following: 16 U.S.C. § 670(c)(1), 10
U.S.C. § 2358, 10 U.S.C. § 2694, 10 U.S.C. § 2684, and Pub. L. 103-139 (FY 94
NDAA, page 107 Stat. 1422), DOD is authorized to enter into cooperative
agreements with States, nonprofit organizations, academic institutions, and other
partners to support research, technical assistance, and educational services
consistent with the mission of the DOD and the CESU Network. In accordance with
the aforementioned authorities, the DOD is authorized to enter into this agreement to
continue the Hawaii-Pacific Islands CESU.
K. The U.S. Army Corps of Engineers’ Civil Works Program (hereinafter called USACE)
provides assistance in the development and management of the nation’s water
resources. The main missions of USACE, i.e., the Corps, are 1) to facilitate
commercial navigation, 2) to protect citizens and their property from flood and storm
damages, and 3) to protect and restore environmental resources. The Corps carries
out most of its work in partnership with Tribal, state, and local governments and
other nonfederal entities. The Corps must rely upon using the best available science
in the evaluation of water resources needs and in the development of
recommendations for water resources management. The university and scientific
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 6 of 46
institutions that comprise the CESU Network have knowledge and expertise of the
latest scientific advances that will assist the Corps in reaching sound, scientifically
based decisions. In addition, by participating in the CESU, scientists within the
Corps will have access to university resources within the CESU Network and be able
to interact with colleagues in various scientific disciplines, and thereby further their
own professional development. Corps field offices may avail themselves of support
from the regional CESUs by collaborating with the Engineer Research and
Development Center, who has the authority to enter into cooperative agreements
with such CESUs, thus enabling these Corps offices to receive scientific support
from regional CESU members. USACE is authorized to cooperate with other
agencies in accordance with Title 33 U.S.C. § 2323(a) and 10 U.S.C. § 3036(d).
Additionally, USACE may enter into transactions under the authority of 10 U.S.C. §
2371 in carrying out basic, applied, and advanced research projects. In accordance
with 10 U.S.C. § 2358, USACE is authorized to enter into this cooperative
agreement continuing the Hawaii-Pacific Islands CESU, under agreement number
W912HZ-10-2-0007 for a cumulative amount not-to-exceed $25,000,000.00.
L. The mission of the National Oceanic and Atmospheric Administration (NOAA) is to
understand and predict changes in the Earth’s environment and conserve and
manage coastal and marine resources to meet our Nation’s economic, social, and
environmental needs. NOAA’s authorities to participate in and conduct activities
through the Cooperative Ecosystem Studies Units Network include a number of
statutes. Under the Coast and Geodetic Survey Act, 33 U.S.C. § 883a et seq.,
NOAA has the authority to conduct investigations and research in geophysical
sciences (including geodesy, oceanography, seismology, and geomagnetism), and
to enter into cooperative agreements for those purposes. Under the National
Climate Program Act, 15 U.S.C. § 2901 et seq., NOAA is authorized to lead a
program to research climate processes and their impacts, and develop tools and
disseminate climate information, and to enter into agreements for climate-related
activities. The Integrated Coastal and Ocean Observation System Act, 33 U.S.C. §
3601 et seq. authorizes NOAA to establish a national integrated system of ocean,
coastal, and Great Lakes observing systems, including data management and
dissemination, and to make grants and execute agreements to carry out interagency
activities under the Act. The Fish and Wildlife Coordination Act, 16 U.S.C. § 661 et
seq. allows NOAA to make surveys and investigations of the wildlife of the public
domain, and to assist and cooperate with public or private agencies and
organizations for purposes of the Act, including conservation of wildlife and wildlife
habitat. Finally, the National Marine Sanctuaries Act, 16 U.S.C. § 1431 et seq.
authorizes NOAA to designate and protect areas of the marine environment with
special national significance, and to enter into agreements with agencies and other
persons to carry out the purposes of the Act, including support and coordination of
scientific research and long-term monitoring of marine sanctuaries.
M. The University of Hawaii (hereinafter called Host University) participates in the
Hawaii-Pacific Islands CESU through its ten campuses (UH-Manoa, UH-Hilo, UH-
West Oahu, Hawaii Community College, Honolulu Community College, Kapiolani
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 7 of 46
Community College, Kauai Community College, Leeward Community College, Maui
College, and Windward Community College). The University of Hawaii Hilo is the
administrative lead for the Host University. Functioning as a system, the purposes of
the University of Hawaii are to: 1) provide all qualified people in Hawaii with equal
opportunity for high quality college and university education and training; 2) provide
a variety of entry points into a comprehensive set of postsecondary educational
offerings, allowing flexibility for students to move within the system to meet individual
educational and professional goals; and 3) advance missions that promote
distinctive pathways to excellence, differentially emphasizing instruction, research,
and service while fostering a cohesive response to state needs and participation in
the global community.
.
N. The partner institutions to the Host University include University of California -
Berkeley, University of Guam, American Samoa Community College, Bishop
Museum, National Tropical Botanical Garden, The Nature Conservancy, Pacific
International Center for High Technology Research, University of Redlands, and
Island Conservation (hereinafter called Partner Institutions).
ARTICLE II. STATEMENT OF WORK
A. Each Federal Agency agrees to:
1. Provide administrative assistance, as appropriate, necessary to execute this
Agreement and subsequent modifications;
2. Conduct, with the Host University and Partner Institutions, a program of
research, technical assistance and education related to the Hawaii-Pacific
Islands CESU objectives to the extent allowed by each Federal Agencies’
authorizing legislation;
3. Provide opportunities for research on federal lands or using federal facilities
in cooperation with Federal Agencies, as appropriate, and according to all
applicable laws, regulations and Federal Agencies’ policies;
4. Provide funds for basic support and salary for participating Host University
and Partner Institution faculty, as appropriate;
5. Provide project funds and/or collaboration to support specific research,
technical assistance and education projects, as appropriate;
6. Make available managers to serve on the Hawaii-Pacific Islands CESU
Manager's Committee;
7. Comply with the Host University’s and Partner Institutions’ rules, regulations,
and policies regarding professional conduct, health, safety, use of services
and facilities, use of animals, recombinant DNA, infectious agents or
radioactive substances, as well as other policies generally applied to Host
University and Partner Institution personnel;
8. Ensure its employees follow the Code of Ethics for Government Service
(Pub. L. 96-303) and Standards of Ethical Conduct (5 C.F.R. Part 2635);
9. Allow Federal Agency employees to participate in the activities of the Host
University and Partner Institutions, including serving on graduate committees
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 8 of 46
and teaching courses, as appropriate, and as specifically determined in
modifications to the Agreement; and
10. Be individually responsible for their agency’s role in administering the
Agreement, transferring funds, and supervision of agency employees, as
appropriate.
B. The Host University agrees to:
1. Continue, in consultation with the Federal Agencies and Partner Institutions,
the Hawaii-Pacific Islands CESU;
2. Conduct, with participating Federal Agencies and Partner Institutions, a
program of research, technical assistance and education related to the
Hawaii-Pacific Islands CESU objectives;
3. Allow and encourage faculty to engage in participating Federal Agencies'
research, technical assistance and education activities related to the Hawaii-
Pacific Islands CESU objectives, as appropriate;
4. Provide basic administrative and clerical support as appropriate;
5. Provide access for Hawaii-Pacific Islands CESU Federal Agency staff to
campus facilities, including library, laboratories, computer facilities on the
same basis or costs as other faculty members of the Host University to the
maximum extent allowable under state laws and regulations;
6. Provide suitable office space, furniture and laboratory space, utilities,
computer network access and basic telephone service for Hawaii-Pacific
Islands CESU Federal Agency staff to be located at the Host University, as
appropriate;
7. Offer educational and training opportunities to participating Federal Agency
employees, in accordance with the respective policies of the Federal
Agencies and the Host University;
8. Encourage its students to participate in the activities of the Hawaii-Pacific
Islands CESU;
9. Coordinate activities, as appropriate, with the Partner Institutions and
develop administrative policies for such coordination; and
10. Maintain a Hawaii-Pacific Islands CESU Manager's Committee and convene
a meeting of this committee, at least annually, to provide advice and
guidance, review of the annual work and multi-year strategic plans, and
assist in evaluating the Hawaii-Pacific Islands CESU.
C. Each Partner Institution agrees to:
1. Conduct, with participating Federal Agencies and the Host University, a
program of research, technical assistance, and education related to the
Hawaii-Pacific Islands CESU objectives and allow and encourage faculty to
participate in the program as appropriate;
2. Offer educational and training opportunities to participating Federal Agency
employees, as appropriate; and
3. Encourage students and employees to participate in the activities of the
Hawaii-Pacific Islands CESU.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 9 of 46
D. All Federal Agencies, the Host University and Partner Institutions agree to:
1. Maintain the Hawaii-Pacific Islands CESU closely following the mission and
goals of the CESU Network as described in the CESU Network Strategic
Plan, adapting key elements to local and regional needs, as appropriate;
2. Maintain a Hawaii-Pacific Islands CESU role and mission statement;
3. Operate under a multi-year strategic plan;
4. Issue individual funding documents, in accordance with each agency’s
procedures, to this Agreement that individually include a specific “scope of
work” statement and a brief explanation of the following:
(a) the proposed work;
(b) the project contribution to the objectives of the CESU;
(c) the methodology of the project;
(d) the substantial involvement of each party;
(e) the project budget and schedule;
(f) the specific project outputs or products.
Note: For BLM, FWS, USFS, and other agencies as appropriate, this
Agreement is neither a fiscal nor a funds obligation document. Any endeavor
to transfer anything of value involving reimbursement or contribution of funds
between the parties to this Agreement will be handled in accordance with
applicable laws, regulations, and procedures including those for government
procurement and printing. Such endeavors will be outlined in separate task
agreements that shall be made in writing by representatives of the parties
and shall be independently authorized by appropriate statutory authority.
This Agreement does not provide such authority. Specifically, this Agreement
does not establish authority for noncompetitive award to the cooperator of
any contract or other agreement.
5. Coordinate in obtaining all necessary state, federal, and tribal permits and/or
permissions from private landowners in order to conduct projects occurring
under this Agreement;
6. Engage in collaborative activities consistent with federal scientific and
scholarly integrity directives and policies (e.g., Presidential and OSTP
Scientific Integrity Memoranda; DOD Instruction 3200.20; DOI 305 DM 3;
USDA DR 1074-001), NOAA AO 202-735D, as appropriate;
7. Follow OMB Circulars: A-21, “Cost Principles for Educational Institutions,” as
codified at 2 CFR 220; A-87, “Cost Principles for State, Local, and Indian
Tribal Governments;” as codified at 2 CFR Part 225; A-102, "Grants and
Cooperative Agreements with State and Local Governments;” 2 CFR Part
215, “Uniform Administrative Requirements for Grants and Other
Agreements with Institutions of Higher Education, Hospitals and Other Non-
Profit Organizations;” A-122, “Cost Principles for Non-Profit Organizations;”
as codified at 2 CFR Part 230; A-133, “Audits of States, Local Governments
and Non-Profit Organizations;” as appropriate; and the related federal
agency regulations, as applicable, specifically 43 CFR Part 12 (Department
of the Interior), and 7 CFR Parts 3015- 3052 (Department of Agriculture), 22
CFR Part 518 (Department of Defense), 32 CFR Parts 21, 22, 32, 33, and 34
(Department of Defense), 10 USC 2358, 33 USC 2323a, 10 USC 3036(d),
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 10 of 46
and DoD 3210.6-R, Department of Defense Grant and Agreement
Regulations (Department of Defense); and these documents are
incorporated into this Agreement by reference.
ARTICLE III. TERM OF AGREEMENT
A. This Agreement shall continue for a period of five (5) years from the effective date of
execution. The effective date of this Agreement shall be 1 July 2014. Parties will
have until 1 July 2014 to sign this Agreement and thereby express their intent to
continue participation in the Hawaii-Pacific Islands CESU; parties that do not sign
this Agreement by 1 July 2014 will not be participants in the Hawaii-Pacific Islands
CESU; such parties will remain in “inactive” status and ineligible to process projects
under this Agreement until their official signature page has been received.
B. By mutual consent and at the end of this Agreement, a new Agreement, for a
separate and distinct five (5) year period, can be entered into to continue the
activities of the Hawaii-Pacific Islands CESU.
C. Amendments to this Agreement shall be made according to the following provisions:
1. For the purposes of this Agreement, amendments are changes (edits,
deletions, or additions) to the Agreement that do not involve the transfer of
funds. Amendments may be proposed by any of the Federal Agencies, the Host
University or by the Host University on behalf of any of the Partner Institutions.
Amendments shall be in writing, signed and agreed to by all signatories to this
Agreement, except in cases described in Article III.C.2. (below).
2. For amendments whose sole purpose is to add a Partner Institution and/or
Federal Agency to this Agreement, each Partner Institution and Federal Agency
currently participating in this Agreement will have forty-five (45) days from
receipt of the amendment to either sign the amendment or object in writing to
the Host University. If a Partner Institution or Federal Agency has not
responded after forty-five (45) days from receipt of the amendment, its
signature will not be required to make the amendment effective. The Partner
Institution and/or Federal Agency being added to the Agreement and the Host
University shall sign the amendment.
D. For the purposes of this Agreement, modifications or task agreements are specific
two-party Agreements between one of the Federal Agencies and the Host University
and/or a Partner Institution in support of the goals of this broad Agreement.
Modifications or task agreements will be issued by a Federal Agency, will transfer
funds to support the statement of work, and will conform to each Federal Agency's
respective procedures.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 11 of 46
E. A separate Interagency Agreement is required to facilitate transfer of funds from one
federal agency to another federal agency.
F. The expiration of this Agreement will not affect the validity or duration of projects
which have been initiated under this Agreement prior to such expiration.
ARTICLE IV. KEY OFFICIALS
A. The technical representatives for the Federal Agencies are as follows:
1. Bureau of Land Management
James Weigand
Ecologist
BLM California State Office
2800 Cottage Way, Suite W-1623
Sacramento, CA 95825
Phone: (916) 978-4656
jweigand@blm.gov
Julia Lang
Procurement Analyst
BLM California State Office
2800 Cottage Way, Suite W-1623
Sacramento, CA 95825
Phone: (916) 978-4527
julang@blm.gov
2. Bureau of Ocean Energy Management
Mary Elaine Helix
Bureau of Ocean Energy Management
c/o DOI Office of the Secretary, Environmental Policy and Compliance
333 Bush Street Suite 515
San Francisco, CA 94104
Phone: (415) 296.3353
MaryElaine.Helix@boem.gov
Jennifer Ewald
Physical Oceanographer
Bureau of Ocean Energy Management
Division of Environmental Sciences
Environmental Studies Program
381 Elden Street, Mail Stop 4041
Herndon, VA 20170
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 12 of 46
Phone: (703) 787-1608
Fax: (703) 787-1053
Jennifer.Ewald@boem.gov
3. U.S. Fish and Wildlife Service
Stephen E. Miller
Assistant Field Supervisor
Strategic Habitat Conservation Division
U.S. Fish and Wildlife Service
Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard, Room 3-122
Honolulu, HI 96850
Phone: (808) 792-9439
Fax: (808) 792-9581
stephen_e_miller@fws.gov
4. U.S. Geological Survey
Gordon Tribble
Director
USGS Pacific Island Ecosystems Research Center
677 Ala Moana Blvd #615
Honolulu HI 96813
Phone: (808) 587-2405
gtribble@usgs.gov
5. National Park Service
Darcy Hu
Senior Science Advisor
Pacific West Regional Office
Hawaii-Pacific Islands CESU
PO Box 52
Hawai'i National Park, HI 96850
Phone: (808) 985-6092 voice
Fax: (808) 985-6029 fax
darcy_hu@nps.gov
6. U.S. Forest Service
Ricardo Lopez
Director, Institute of Pacific Islands Forestry (IPIF)
U.S. Forest Service, Pacific Southwest Research Station
60 Nowelo Street
Hilo, HI 96720
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 13 of 46
Phone: (808) 854-2601
Fax: (855) 456-0352
RDLopez@fs.fed.us
7. Natural Resources Conservation Service
Doris Washington
National Coordinator, Cooperative Ecosystems Study Units (CESU) & Center of
Excellence (COE)
USDA Natural Resources Conservation Service
Science and Technology Deputy Area
101 East Capitol Avenue, Suite B-100
Little Rock, AR 72201-3811
Phone: (501) 210-8910
doris.washington@ar.usda.gov
Noller Herbert
National Technology Support Coordinator (acting)
Science and Technology Deputy Area
USDA Natural Resources Conservation Service
1400 Independence Avenue SW
P.O. Box 2890 / Room 6227-S
Washington, DC 20013
Phone: (202) 720-2520
noller.herbert@wdc.usda.gov
8. Department of Defense, Office of the Deputy Under Secretary for Defense
(Installations and Environment)
Michelle Mansker
Chief, Natural Resource Section
Environmental Division
Directorate of Public Works
U.S. Army Garrison, Hawaii
948 Santos Dumont Avenue
Schofield Barracks, HI 96857
Phone: (808) 655-9189
Fax: (808) 655-9181
Michelle.L.Mansker.civ@mail.mil
Dr. Jack Mobley
Environmental Resources Planner
USACE, Fort Worth District
CESWF-PER-EE
819 Taylor Street, Room 3A14
Fort Worth, TX 76102-0300
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 14 of 46
Phone: (817) 886-1708
jack.e.mobley@usace.army.mil
9. U.S. Army Corps of Engineers-Civil Works
Dr. Alfred F. Cofrancesco, Jr.
Technical Director, Environmental Engineering & Science
U.S. Army Engineering Research and Development Center
3909 Halls Ferry Road
Vicksburg, MS 39180-6199
Phone: (601) 634-3182
Al.F.Cofrancesco@usace.army.mil
10. National Oceanic and Atmospheric Administration
Michael P. Seki, Ph.D.
Deputy Director
Pacific Islands Fisheries Science Center
National Marine Fisheries Service, NOAA
2570 Dole Street
Honolulu, HI 96822-2396
Phone: (808) 983-5393
michael.seki@noaa.gov
B. The technical representative for the Host University, University of Hawaii, is:
Sharon Ziegler-Chong
Director, Research and Community Partnerships
University of Hawaiʻi Hilo
200 W. Kāwili Street
Hilo, HI 96720
Phone: (808) 933-0759
Fax: (808) 933-0704
ziegler@hawaii.edu
C. The technical representatives for the Partner Institutions are:
1. University of California – Berkley
Rosemary Gillespie
Director, Essig Museum of Entomology
Professor, Insect Biology
University of California
Berkeley, CA 94720-3112
Phone: (510) 642-3445
Fax: (510) 642-7428
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 15 of 46
gillespi@nature.berkeley.edu
2. University of Guam
John A. Peterson, PhD
Assistant Vice President for Graduate Studies, Research and Sponsored
Programs
University of Guam
Mangilao, GU 96923
Phone: (671) 735-2169
Fax: (671) 734-3676
jpeterson@uguam.uog.edu
3. American Samoa Community College
Don Vargo, Ph.D.
Research Coordinator
American Samoa Community College
Community and Natural Resources
PO Box 5319
Pago Pago, AS 96799-5319
Phone: (684) 699-1394 Ext. 234
Fax: (684) 699-5011
donvargo@rocketmail.com
4. Bishop Museum
Allen Allison
Senior Researcher (Zoologist)
Bishop Museum
1525 Bernice Street
Honolulu, HI 96817
Phone: (808) 848-4145
Fax: (808) 847-8252
allison@bishopmuseum.org
5. National Tropical Botanical Garden
John R. Clark
Co-director, Science and Conservation and
McBryde Senior Research Fellow
National Tropical Botanical Garden
3530 Papalina Road
Kalaheo, HI 96741
Phone: (808) 332-7324 Ext. 260
jclark@ntbg.org
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 16 of 46
Janet Mayfield
Chief Operating Officer & Chief Financial Officer
National Tropical Botanical Garden
3530 Papalina Road
Kalaheo, HI 96741 USA
Phone: (808) 332-7324 Ext. 203
Fax: (808) 332-9765
jmayfield@ntbg.org
6. The Nature Conservancy
Mark Fox
Director of External Affairs
The Nature Conservancy of Hawai’i
923 Nu`uanu Avenue
Honolulu, HI 96817
Phone: (808) 587-6234
Fax: (808) 545-2019
mfox@tnc.org
7. Pacific International Center for High Technology Research
Janel Pang
Chief Financial Officer & Contracts Officer
PICHTR
1440 Kapiolani Blvd., Suite 1225
Honolulu, HI 96814
Phone: (808) 943-3762
Fax: (808) 943-9582
janel.pang@pichtr.org
8. University of Redlands
Steven D. Moore
Director of Spatial Studies
University of Redlands
1200 E. Colton Avenue
Redlands, CA 92373
Phone: (909) 748-8687
Fax: (909) 335-4068
steven_moore@redlands.edu
9. Island Conservation
Alex Wegmann
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 17 of 46
Program Manager
Island Conservation – Hawaii-US Pacific and Micronesia Program Office
Pacific Reefs National Wildlife Refuge Complex
300 Ala Moana Boulevard, Room 5-231
Honolulu, HI 96850
Phone: (831) 359-4787 Ext. 114
alex.wegmann@islandconservation.org
ARTICLE V. AWARD
A. Upon signature of all parties and upon satisfactory submission of a budget and
related documentation from the Host University, any newly joining Federal Agency
partner shall obligate $10,000 to award to the Host University to carry out this
Agreement. For the Federal Agency partners listed under Article I. A., no further
financial obligation is required.
B. Payments will be made by the Federal Agencies for work in accordance with 2 CFR
Part 215 and OMB Circular A-21, A-87, A-102, A-122, A-133, as appropriate, and
the related federal agency regulations, as applicable, specifically, 43 CFR Part 12
(Department of the Interior), 7 CFR Parts 3015-3052 (Department of Agriculture), 22
CFR Part 518 (Department of Defense), 10 U.S.C. § 2358, 33 U.S.C. § 2323(a), 10
U.S.C. § 3036(d), and DOD 3210.6-R, Department of Defense Grant and Agreement
Regulations (U.S. Army Corps of Engineers-Civil Works).
C. A 17.5% indirect cost rate will be paid on work covered by the Agreement and all its
modifications or task agreements, with exceptions listed in Article V. paragraphs
C.1., C.2., and C.3. (below).
1. One exception is that the USFS cannot reimburse "state cooperative
institutions” for indirect costs, pursuant to 7 U.S.C. § 3103(18) and 7 U.S.C. §
3319. Indirect costs may be used to satisfy USFS cost sharing requirements of
at least a minimum of 20% of total project costs. It is recommended that cost-
sharing is greater than 20% in accordance with the Forest Service Handbook
FSH1509.11, Chapter 70.
2. An additional exception is that for NRCS, the indirect cost rate is limited to 10%
of total direct costs for colleges, universities, and other nonprofit organizations
pursuant to Section 708 of Pub. L. 107-76.
3. No indirect cost will be charged by the Host University for funds transferred
directly from a participating Federal Agency to a Partner Institution via a
modification to the Agreement.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 18 of 46
D. Award of additional funds or in-kind resources will be made through modifications to
the Agreement subject to the rules, regulations, and policies of the individual Federal
Agency proposing the modification.
E. Nothing herein shall be construed as obligating the Federal Agencies to expend, or
as involving the Federal Agencies in any contract or other obligation for the future
payment of money, in excess of appropriations authorized by law and
administratively allocated for specific work.
ARTICLE VI. PRIOR APPROVAL
Prior approvals are in accordance with 2 CFR Part 215 and OMB Circular A-102, as
appropriate, and the related federal agency regulations, as applicable, specifically
43 CFR Part 12 (Department of the Interior), 7 CFR Parts 3015-3052 (Department
of Agriculture), 22 CFR Part 518 (Department of Defense), 10 U.S.C. § 2358, 33
U.S.C. § 2323(a), 10 U.S.C. § 3036(d), and DOD 3210.6-R, Department of Defense
Grant and Agreement Regulations (U.S. Army Corps of Engineers-Civil Works).
ARTICLE VII. REPORTS AND/OR DELIVERABLES
A. Reports in accordance with 2 CFR Part 215 and OMB Circular A-102, as
appropriate, and the related federal agency regulations, as applicable, specifically 43
CFR Part 12 (Department of the Interior) and 7 CFR Parts 3015-3052 (Department
of Agriculture), 22 CFR Part 518 (Department of Defense), 10 U.S.C. § 2358, 33
U.S.C. § 2323(a), 10 U.S.C. § 3036(d), and DOD 3210.6-R, Department of Defense
Grant and Agreement Regulations (U.S. Army Corps of Engineers-Civil Works)
establish uniform reporting procedures for financial and technical reporting.
B. As appropriate, the Host University will convene periodic meetings of Hawaii-Pacific
Islands CESU Federal Agencies and Partner Institutions for the purpose of
collaboration and coordination of CESU activities. Copies of the meeting minutes
will be available to all parties to the Agreement.
C. A current role and mission statement for the Hawaii-Pacific Islands CESU will be
agreed to and maintained by all Hawaii-Pacific Islands CESU cooperators. Copies
of the role and mission statement will be available to all parties to the Agreement.
D. Annual work plans will be developed to guide the specific activities of the Hawaii-
Pacific Islands CESU and will:
1. Describe the Hawaii-Pacific Islands CESU’s ongoing and proposed research,
technical assistance, and education activities;
2. Describe anticipated projects and products; and
3. Identify faculty, staff, and students involved in the Hawaii-Pacific Islands CESU
during the year.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 19 of 46
Copies of the annual work plan will be available to all parties to the Agreement.
E. A current multi-year strategic plan will be maintained to generally guide the Hawaii-
Pacific Islands CESU. Copies of the strategic plan will be available to all parties to
the Agreement.
ARTICLE VIII. PROPERTY UTILIZATION AND DISPOSITION
Property utilization and disposition is in accordance with 2 CFR Part 215 and OMB
Circular A-102, as appropriate, and the related federal agency regulations, as
applicable, specifically 43 CFR Part 12 (Department of the Interior), 7 CFR Parts
3015-3052 (Department of Agriculture), 22 CFR Part 518 (Department of Defense),
10 U.S.C. § 2358, 33 U.S.C. § 2323(a), 10 U.S.C. § 3036(d), and DOD 3210.6-R,
Department of Defense Grant and Agreement Regulations (U.S. Army Corps of
Engineers-Civil Works).
ARTICLE IX. TERMINATION
Termination of this Agreement is in accordance with 2 CFR Part 215 and OMB
Circular A-102, as appropriate, and the related federal agency regulations, as
applicable, specifically 43 CFR Part 12 (Department of the Interior), 7 CFR Parts
3015-3052 (Department of Agriculture), 22 CFR Part 518 (Department of Defense),
10 U.S.C. § 2358, 33 U.S.C. § 2323(a), 10 U.S.C. § 3036(d), and DOD 3210.6-R,
Department of Defense Grant and Agreement Regulations (U.S. Army Corps of
Engineers–Civil Works). Any party to this Agreement may terminate its participation
by delivery of thirty (30) days advance written notice to each of the Federal
Agencies and the Host University.
ARTICLE X: REQUIRED/SPECIAL PROVISIONS
A. Required Provisions:
1. NON-DISCRIMINATION: All activities pursuant to this Agreement and the
provisions of Executive Order 11246; shall be in compliance with applicable
requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252 42 USC §
2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973 (87 Stat.
394; 29 U.S.C. § 794); the Age Discrimination Act of 1975 (89 Stat. 728; 42
U.S.C. § 6101 et seq.); and with all other applicable Federal laws and regulations
prohibiting discrimination on grounds of race, color, national origin, handicap,
religious or sex in providing of facilities and service to the public.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 20 of 46
2. CONSISTENCY WITH PUBLIC LAWS: Nothing herein contained shall be
deemed to be inconsistent with or contrary to the purpose of or intent of any Act
of Congress establishing, affecting, or relating to the Agreement.
3. APPROPRIATIONS (Anti-Deficiency Act, 31 U.S.C. § 1341): Nothing herein
contained in this Agreement shall be construed as binding the Federal Agencies
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.
4. OFFICIALS NOT TO BENEFIT: No Member of, Delegate to, or Resident
Commissioner in, Congress shall be admitted to any share or part of this
Agreement or to any benefit to arise therefrom.
5. LOBBYING PROHIBITION: The parties will abide by the provisions of 18 U.S.C.
§ 1913 (Lobbying with Appropriated Moneys), which states:
No part of the money appropriated by any enactment of Congress shall, in
the absence of express authorization by Congress, be used directly or
indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member of Congress, a jurisdiction,
or an official of any government, to favor, adopt, or oppose, by vote or
otherwise, any legislation, law, ratification, policy or appropriation, whether
before or after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or appropriation; but
this shall not prevent officers or employees of the United States or of its
departments or agencies from communicating to any such Member or
official, at his request, or to Congress or such official, through the proper
official channels, requests for any legislation, law, ratification, policy, or
appropriations which they deem necessary for the efficient conduct of the
public business, or from making any communication whose prohibition by
this section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter-
intelligence, intelligence, or national security activities.
6. LIABILITY PROVISION:
a) Governmental Parties
(1) The Federal Agencies (excluding the U.S. Forest Service), Host
University, and Partner Institutions which are governmental parties, each
accept responsibility for any property damage, injury, or death caused by
the acts or omissions of their respective employees, acting within the
scope of their employment, to the fullest extent permitted by their
respective applicable laws, including laws concerning self-insurance.
(2) To the extent work by governmental parties is to be performed
through sub-contract by non-governmental entities or persons, the
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 21 of 46
governmental party sub-contracting work will require that subcontracted
entity or person to meet provisions (1), (2), and (3) for non-governmental
parties stated below.
(3) This provision is applicable to the U.S. Forest Service acting by and
through the Forest Service, USDA does hereby recognize potential liability
for payment of claims for injury or loss of property of personal injury or
death caused by the Government, or any officer, agent or employee
thereof, while acting within the scope of his/her office of employment
under circumstances when the United States, if a private person, would be
liable to the claimant in accordance with the law of the place where the act
or omission occurred (28 U.S.C. §§1346 (b), 2672 et seq.).
b) Non-governmental Parties: Work provided by non-governmental entities or
persons, will require that entity or person to:
(1) Have public and employee liability insurance from a responsible
company or companies with a minimum limitation of one million dollars
($1,000,000) per person for any one claim, and an aggregate limitation of
three million dollars ($3,000,000) for any number of claims arising from
any one incident. In subsequent modifications, the parties may negotiate
different levels of liability coverage, as appropriate. The policies shall
name the United States as an additional insured, shall specify that the
insured shall have no right of subrogation against the United States for
payments of any premiums or deductibles due thereunder, and shall
specify that the insurance shall be assumed by, be for the account of, and
be at the insured's sole risk; and
(2) Pay the United States the full value for all damages to the lands or
other property of the United States caused by such person or
organization, its representatives, or employees; and
(3) Indemnify, save and hold harmless, and defend the United States
against all fines, claims, damages, losses, judgments, and expenses
arising out of, or from, any omission or activity of such person or
organization, its representatives, or employees.
(4) Non-governmental Partner Institutions shall provide the Federal
Agencies confirmation of such insurance coverage, prior to beginning
specific work authorized herein and specified in subsequent modifications.
7. TRAFFICKING IN PERSONS: This Agreement and its subsequent modifications
and task agreements are subject to requirements of section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104); now
located at 2 CFR Part 175: Trafficking in Persons.
a) Provisions applicable to a recipient that is a private entity.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 22 of 46
(1) You as the recipient, your employees, subrecipients under this award,
and subrecipients’ employees may not—
i. Engage in severe forms of trafficking in persons during the
period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the
award is in effect; or
iii. Use forced labor in the performance of the award or subawards
under the award.
(2) We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if you or a subrecipient that is a private entity—
i. Is determined to have violated a prohibition in paragraph (a) (1)
of this award term; or
ii. Has an employee who is determined by the agency official
authorized to terminate the award to have violated a prohibition
in paragraph (a) (1) of this award term through conduct that is
either—
a. Associated with performance under this award; or
b. Imputed to you or the subrecipient using the standards and
due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by each
respective federal agency partner at: 2 CFR Part 1125
(Department of Defense), 2 CFR Part 1326 (Department of
Commerce), 2 CFR 1400 (Department of the Interior), 2
CFR Part 1880 (NASA), 7 CFR Part 3017 (Department of
Agriculture).
b) Provision applicable to a recipient other than a private entity. We as the
Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity—
(1) Is determined to have violated an applicable prohibition in paragraph
(a) (1) of this award term; or
(2) Has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in
paragraph (a) (1) of this award term through conduct that is either—
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, “OMB
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 23 of 46
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by our
agency at 2 CFR Part 1125 (Department of Defense), 2 CFR
Part 1326 (Department of Commerce), 2 CFR 1400
(Department of the Interior), 2 CFR Part 1880 (NASA), 7 CFR
Part 3017 (Department of Agriculture).
c) Provisions applicable to any recipient.
(1) You must inform us immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph (a) (1) of this
award term.
(2) Our right to terminate unilaterally that is described in paragraph (a) (2)
or (b) of this section:
i. Implements section 106(g) of the Trafficking Victims Protection
Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are
available to us under this award.
(3) You must include the requirements of paragraph (a) (1) of this award
term in any subaward you make to a private entity.
d) Definitions. For purposes of this award term:
(1) “Employee” means either:
i. An individual employed by you or a subrecipient who is
engaged in the performance of the project or program under
this award; or
ii. Another person engaged in the performance of the project or
program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in-kind
contribution toward cost sharing or matching requirements.
(2) “Forced labor” means labor obtained by any of the following methods:
the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
(3) “Private entity” means any entity other than a State, local government,
Indian tribe, or foreign public entity, as those terms are defined in 2 CFR
175.25. Includes:
i. A nonprofit organization, including any nonprofit institution of
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 24 of 46
higher education, hospital, or tribal organization other than
one included in the definition of Indian tribe at 2 CFR
175.25(b).
ii. A for-profit organization.
(4) “Severe forms of trafficking in persons,” “commercial sex act,” and
“coercion” have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. § 7102).
8. PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC
EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING (Included
pursuant to Department of the Interior Guidance Release – DIG-2010-04):
Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving, was signed by President Barack Obama on October 1, 2009
(http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order
introduces a Federal Government-wide prohibition on the use of text messaging
while driving on official business or while using Government-supplied equipment.
Additional guidance enforcing the ban will be issued at a later date. In the
meantime, please adopt and enforce policies that immediately ban text
messaging while driving company-owned or-rented vehicles, government-owned
or leased vehicles, or while driving privately owned vehicles when on official
government business or when performing any work for or on behalf of the
government. The Government reserves the right to cancel this announcement
and/or the solicitation. This announcement does not constitute solicitation.
B. SPECIAL PROVISIONS:
1. Joint publication of results is encouraged; however, no party will publish any
results of joint effort without consulting the other. This is not to be construed as
applying to popular publication of previously published technical matter.
Publication may be joint or independent as may be agreed upon, always giving
due credit to the cooperation of participating Federal Agencies, the Host
University, and Partner Institutions, and recognizing within proper limits the rights
of individuals doing the work. In the case of failure to agree as to the manner of
publication or interpretation of results, either party may publish data after due
notice (not to exceed 60 days) and submission of the proposed manuscripts to
the other. In such instances, the party publishing the data will give due credit to
the cooperation but assume full responsibility of any statements on which there is
a difference of opinion. Federal agencies reserve the right to issue a disclaimer if
such a disclaimer is determined to be appropriate.
2. The results of any cooperative studies may be used in developing theses in
partial fulfillment of requirements for advanced degrees and nothing herein shall
delay publication of theses.
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 25 of 46
3. Individual modifications shall include specific plans for data management,
sharing, and archiving, as appropriate.
ARTICLE XI: DOCUMENTS INCORPORATED BY REFERENCE
The following are to be incorporated into this Agreement:
A. SF-LLL, Disclosure of Lobbying Activities or Grants.gov Lobbying Form certification,
identified in the agencies Funding Opportunity Announcement.
B. Specific project award documents will incorporate the required Standard Forms for
Application for Financial Assistance:
1. SF-424 – Application for Financial Assistance
2. SF-424a – Budget for Non-Construction
3. SF-424b – Assurances for Non-Construction
4. SF-424c – Budget for Construction
5. SF-424d – Assurances for Construction
ARTICLE XII. ATTACHMENTS
A. The following documents are attached for use per agency requirements, as
appropriate:
ATTACHMENT 1 – Request for Advance or Reimbursement, SF-270
ATTACHMENT 2 – Federal Financial Report, SF-425
ATTACHMENT 3 – ACH Payment Enrollment, SF-3881
ATTACHMENT 4 – Example Modification Template
ARTICLE XIII. AUTHORIZING SIGNATURES
The following authorizing signatures are attached to this Agreement:
U.S. DEPARTMENT OF THE INTERIOR
A. Bureau of Land Management
B. Bureau of Ocean Energy Management
C. U.S. Fish and Wildlife Service
D. U.S. Geological Survey
E. National Park Service
U.S. DEPARTMENT OF AGRICULTURE
F. U.S. Forest Service
G. Natural Resources Conservation Service
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 26 of 46
U.S. DEPARTMENT OF DEFENSE
H. Office of the Deputy Under Secretary of Defense (Installations and Environment)
I. U.S. Army Corps of Engineers – Civil Works
U.S. DEPARTMENT OF COMMERCE
J. National Oceanic and Atmospheric Administration
K. UNIVERSITY OF HAWAII
L. University of California - Berkeley
M. University of Guam
N. American Samoa Community College
O. Bishop Museum
P. National Tropical Botanical Garden
Q. The Nature Conservancy
R. Pacific International Center for High Technology Research
S. University of Redlands
T. Island Conservation
ARTICLE
XIII.
AUTHORIZING
SIGNATURES
E.
NatonaI
Park
Service
,
/O
I
ihiIier
Date
&wf_h,------
_______
Christine
S.
Lehnertz
Date
Regional
Director
Pacific
West
Region
Hawaii-Pacific
Islands
CESU
Agreement
2014-2019
Page
31
of
46
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 34 of 46
ARTICLE XIII. AUTHORIZING SIGNATURES
H. Office of the Deputy Under Secretary of Defense (Installations and Environment)
Traci Robicheaux Date
Grants Officer
Representing ODUSD (I&E)
W9126G-14-2-0017
ROBICHEAUX.TRACI.D.126
0353990
Digitally signed by ROBICHEAUX.TRACI.D.1260353990
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=ROBICHEAUX.TRACI.D.1260353990
Date: 2014.06.17 14:59:10 -05'00'
ARTICLE XIII. AUTHORIZING SIGNATURES
J.
National Oceanic and Atmospheric Administration
~L~Y
Richard Merrick
Director
of
Scientific Programs & Chief Science Advisor
National Oceanic and Atmospheric Administration CESU Lead
Hawaii-Pacific Islands CESU Agreement 2014-2019
q
J~c1Dl+
Date
Page 36 of 46
g
Yaa-Yin Fong
Director, Office of Research Services
ARTICLE XIII. AUTHORIZING SIGNATURES
K. UNIVERSITY OF HAWAII
6
7roil,C
Date
Hawaii-Pacific Islands CESU Agreement 2014-2019
Page 37 of 46
ARTICLE XIII. AUTHORIZING SIGNATURES
Q. The Nature Conservancy
_________________________________ June 17, 2014
Mark R. Fox Date
Director of External Affairs
Hawaii-Pacific Islands CESU Agreement 2014-2019 Page 43 of 46
ADVANCE
FINAL PARTIAL
CASH
ACCRUAL
Advances required by
month, when requested
by Federal grantor
agency for use in making
prescheduled advances
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
July 14, 2014
FEDERAL FINANCIAL REPORT
(Follow form instructions)
1. Federal Agency and Organizational Element 2. Federal Grant or Other Identifying Number Assigned by Federal Agency Page of
to Which Report is Submitted (To report multiple grants, use FFR Attachment) 1
pages
3. Recipient Organization (Name and complete address including Zip code)
4a. DUNS Number 4b. EIN 5. Recipient Account Number or Identifying Number 6. Report Type 7. Basis of Accounting
(To report multiple grants, use FFR Attachment)
Quarterly
Semi-Annual
Annual
Final
Cash Accrual
8. Project/Grant Period 9. Reporting Period End Date
From: (Month, Day, Year)
of
To: (Month, Day, Year) (Month, Day, Year)
10. Transactions
Cumulative
(Use lines a-c for single or multiple grant reporting)
Federal Cash (To report multiple grants, also use FFR Attachment):
a. Cash Receipts
b. Cash Disbursements
c. Cash on Hand (line a minus b)
(Use lines d-o for single grant reporting)
Federal Expenditures and Unobligated Balance:
d. Total Federal funds authorized
e. Federal share of expenditures
f. Federal share of unliquidated obligations
gg.. Total Federal share Total Federal share ((sumsum of lines e and f lines e and f))
h. Unobligated balance of Federal funds (line d minus g)
Recipient Share:
i. Total recipient share required
j. Recipient share of expenditures
k. Remaining recipient share to be provided (line i minus j)
Program Income:
l. Total Federal program income earned
m. Program income expended in accordance with the deduction alternative
n. Program income expended in accordance with the addition alternative
o. Unexpended program income (line l minus line m or line n)
a. Type b. Rate c. Period From Period To d. Base e. Amount Charged f. Federal Share
11. Indirect
Expense
g. Totals:
12. Remarks: Attach any explanations deemed necessary or information required by Federal sponsoring agency in compliance with governing legislation:
13. Certification: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and intent set forth in the award documents. I am aware that any false, fictitious, or fraudulent information
may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001)
a. Typed or Printed Name and Title of Authorized Certifying Official c. Telephone (Area code, number and extension)
d. Email address
b. Signature of Authorized Certifying Official e. Date Report Submitted (Month, Day, Year)
14. Agency use only:
Standard Form 4255HYLVHG
OMB Approval Number: 0348-0061
Expiration Date: 10/31/2011
Paperwork Burden Statement
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control
number for this information collection is 0348-0061. Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0061), Washington, DC 20503.
Reset Form
ACH VENDOR/MISCELLANEOUS PAYMENT
ENROLLMENT FORM
OMB No. 1510-0056
This form is used for Automated Clearing House (ACH) payments with an addendum record that contains
payment-related information processed through the Vendor Express Program. Recipients of these payments
should bring this information to the attention of their financial institution when presenting this form for
completion. See reverse for additional instructions.
The following information is provided to comply with the Privacy Act of 1974 (P.L. 93-579). All
information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR 210.
This information will be used by the Treasury Department to transmit payment data, by electronic means
to vendor's financial institution. Failure to provide the requested information may delay or prevent the
receipt of payments through the Automated Clearing House Payment System.
PRIVACY ACT STATEMENT
AGENCY INFORMATION
FEDERAL PROGRAM AGENCY
AGENCY IDENTIFIER: AGENCY LOCATION CODE (ALC): ACH FORMAT:
CCD+ CTX
ADDRESS:
CONTACT PERSON NAME: TELEPHONE NUMBER:
()
ADDITIONAL INFORMATION:
PAYEE/COMPANY INFORMATION
NAME
ADDRESS
CONTACT PERSON NAME: TELEPHONE NUMBER:
()
SSN NO. OR TAXPAYER ID NO.
FINANCIAL INSTITUTION INFORMATION
NAME:
ADDRESS:
ACH COORDINATOR NAME: TELEPHONE NUMBER:
NINE-DIGIT ROUTING TRANSIT NUMBER:
DEPOSITOR ACCOUNT TITLE:
DEPOSITOR ACCOUNT NUMBER: LOCKBOX NUMBER:
TYPE OF ACCOUNT:
CHECKING SAVINGS LOCKBOX
SIGNATURE AND TITLE OF AUTHORIZED OFFICIAL:
(Could be the same as ACH Coordinator)
TELEPHONE NUMBER:
()
()
SF 3881 (Rev. 2/2003 )
Prescribed by Department of Treasury
31 U S C 3322; 31 CFR 210
AUTHORIZED FOR LOCAL REPRODUCTION
Instructions for Completing SF 3881 Form
Agency Information Section - Federal agency prints or types the name and address of the
Federal program agency originating the vendor/miscellaneous payment, agency identifier,
agency location code, contact person name and telephone number of the agency. Also, the
appropriate box for ACH format is checked.
Payee/Company Information Section - Payee prints or types the name of the payee/company
and address that will receive ACH vendor/miscellaneous payments, social security or
taxpayer ID number, and contact person name and telephone number of the payee/company.
Payee also verifies depositor account number, account title, and type of account entered by
your financial institution in the Financial Institution Information Section.
Financial Institution Information Section - Financial institution prints or types the name and
address of the payee/company's financial institution who will receive the ACH payment, ACH
coordinator name and telephone number, nine-digit routing transit number, depositor (payee/
company) account title and account number. Also, the box for type of account is checked, and
the signature, title, and telephone number of the appropriate financial institution official are
included.
1.
2.
3.
Burden Estimate Statement
The estimated average burden associated with this collection of information is 15 minutes per
respondent or recordkeeper, depending on individual circumstances. Comments concerning the
accuracy of this burden estimate and suggestions for reducing this burden should be directed to
the Financial Management Service, Facilities Management Division, Property and Supply Branch,
Room B-101, 3700 East West Highway, Hyattsville, MD 20782 and the Office of Management and
Budget, Paperwork Reduction Project (1510-0056), Washington, DC 20503.
Make three copies of form after completing. Copy 1 is the Agency Copy; copy 2 is the Payee/
Company Copy; and copy 3 is the Financial Institution Copy.
[Agency Partner Name] – Project Summary
CESU Network | 1849 C Street NW, Room 2737 | Washington DC 20240 | 202.208.5972 | cesu.org
[CESU Name] Cooperative Ecosystem Studies Unit
Agreement Modification Form
FUNDING AGENCY:
SUB-AGREEMENT/MODIFICATION NUMBER:
[CESU USE ONLY]
COOPERATIVE AGREEMENT NUMBER:
FUNDING AMOUNT:
PROJECT TITLE:
EFFECTIVE PROJECT DATES:
PROJECT PURPOSE:
STATEMENT OF MUTUAL BENEFIT AND INTEREST:
Key Words:
Federal Agency Contact(s) and Signature(s) Partner Signature(s)
[Agency] Project Technical
Representative & Project Leader:
Technical Rep:
Address:
Phone:
Fax:
Email:
Project Leader:
Phone:
Email:
[Agency] Administrator:
Principal Investigator:
Agreement / Grant Administrator:
No Signature Needed
Signature:
_____________________________________
Date: _______________________________
Signature:
_____________________________________
Date: _______________________________
Signature:
_____________________________________
Date: _______________________________
Project Type: Research _____ Technical Assistance _____ Education _____
Project Discipline(s): Biological _____ Cultural _____ Physical _____ Social _____ Interdisciplinary _____
Annual Performance Report Required:
Report(s) Received:
Publications on File:
This Modification is subject to all the provisions included in the CESU
Agreement [Insert Agency Agreement Number]
[CESU Nam
e
] CESU Tracking #: