Proposition 68 Southern Steelhead Grant Program

Proposition 68 Southern Steelhead Grant Program is sponsored by Department of Fish and Wildlife. To restore Southern California Steelhead habitat consistent with the Department of Fish and Wildlife’s Steelhead Restoration and Management Plan and the National Marine Fisheries Service’s Southern California Steelhead Recovery Plan.

The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) provides funding to award grants to projects that improve a community’s ability to adapt to the unavoidable impacts of climate change; improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat; develop future recreational opportunities; or enhance drought tolerance, landscape resilience, and water retention.

Projects that remove significant barriers to steelhead migration and include other habitat restoration and associated infrastructure improvements will be the highest priority.

CDFW Proposition 68 Solicitation and Evaluation Guidelines i # California Department of Fish and Wildlife # PROPOSITION 68 SOLICITATION AND EVALUATION GUIDELINES # Revised April 2024 Revised 2023 > CDFW Proposition 68 Solicitation and Evaluation Guidelines i Table of Contents...............................................................................................................

i Acronyms and Abbreviations ......................................................................................... iv 1 INTRODUCTION .......................................................................................................... 1 Purpose ................................................................................................................

1 Background ......................................................................................................... 1 Funding ................................................................................................................ 2 Program Purposes ...............................................................................................

2 2 ELIGIBILITY REQUIREMENTS......................................................................................... 3 Eligible Entities...................................................................................................... 3 Project Categories ..............................................................................................

4 2. 2. 1 Planning..........................................................................................................

4 2. 2. 2 Implementation .............................................................................................

5 2. 2. 3 Acquisition......................................................................................................

5 2. 2. 4 Contingency Funding (Previous CDFW Awards Only)...............................

8 Eligible Project Types........................................................................................... 9 2. 3.

1 Rivers and Streams Grant Opportunities (Including Klamath-Trinity Opportunities) ................................................................................................ 9 2. 3.

2 Southern Steelhead Grant Opportunities ................................................... 9 2. 3.

3 Fish and Wildlife Improvement Grant Opportunities................................ 10 3 GENERAL PROGRAM REQUIREMENTS .................................................................... 11 Budget................................................................................................................

11 3. 1. 1 Cost Share ....................................................................................................

11 3. 1. 2 Indirect Costs ...............................................................................................

11 3. 1. 3 Ineligible Costs .............................................................................................

12 Conflict of Interest............................................................................................. 12 Confidentiality ................................................................................................... 13 California Conservation Corps and Certified Community Conservation Corps Consultation ...........................................................................................

13 Disadvantaged Communities.......................................................................... 13 Revised 2023 > CDFW Proposition 68 Solicitation and Evaluation Guidelines ii Land Tenure/Site Control.................................................................................. 13 Design Plans/Engineering.................................................................................

14 Licensed Professionals ...................................................................................... 16 Labor Code Requirements: Prevailing Wage ................................................ 16 Long-term Management and Maintenance.................................................

17 Environmental Compliance and Permitting................................................... 17 Water Law.......................................................................................................... 18 Recognition of Funding Source .......................................................................

19 Project Monitoring and Reporting................................................................... 19 Data Management .......................................................................................... 20 Mitigation Requirements ..................................................................................

21 Community Engagement, Capacity Building, and Equity ........................... 21 4 PROPOSAL SELECTION............................................................................................. 21 Proposal Submittal Process ..............................................................................

21 Proposal Review and Selection Process ......................................................... 22 4. 2.

1 Administrative Review................................................................................. 22 Table 1: Overview of Administrative Review Criteria ............................................ 22 4.

2. 2 Technical Review......................................................................................... 22 Table 2.

Overview of Technical Review Criteria.................................................... 23 4. 2.

3 Engineering-Geological Review ................................................................ 24 4. 2.

4 Independent Scientific Review .................................................................. 24 4. 2.

5 Selection Panel ............................................................................................ 25 4. 2.

6 Director Review and Action ....................................................................... 25 Contingency Funding Review Process ........................................................... 25 Table 3: Contingency Funding Review Criteria .....................................................

25 5 GRANT ADMINISTRATION......................................................................................... 26 Grant Agreements ............................................................................................ 26 Invoicing and Payments...................................................................................

27 Reporting ........................................................................................................... 27 Advanced Payment......................................................................................... 28 Revised 2023 > CDFW Proposition 68 Solicitation and Evaluation Guidelines iii Performance Retention and Payments ..........................................................

29 Loss of Funding .................................................................................................. 29 Standard Conditions......................................................................................... 30 State Departments and Programs: ............................................................................

31 Other Relevant Resources: ......................................................................................... 31 Table 1: Overview of Administrative Review Criteria ................................................... 22 Table 2.

Overview of Technical Review Criteria. .......................................................... 23 Table 3: Contingency Funding Review Criteria..

………………………………………….

25 Revised 2023 > CDFW Proposition 68 Solicitation and Evaluation Guidelines iv # Acronyms and Abbreviations CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CGC California Government Code CLC California Labor Code CNRA California Natural Resources Agency CWAP California Water Action Plan CWC California Water Code HRTW Human Right to Water NEPA National Environmental Policy Act PRC Public Resources Code SWRCB State Water Resources Control Board WRGB Watershed Restoration Grants Branch Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 1 These guidelines establish the process, procedures, and criteria through which the California Department of Fish and Wildlife (CDFW) will award and administer competitive grants with funds made available by Public Resources Code section 80132, subdivisions (d), (e)(2), and (g), for projects that improve a community’s ability to adapt to the unavoidable impacts of climate change; improve and protect coastal and rural economies, agricultural viability, wildlife connectivity, or habitat; develop future recreational opportunities; or enhance drought tolerance, landscape resilience, and water retention in accordance with statewide priorities CDFW has developed three focused grant opportunities to achieve these goals: • Rivers and Streams Grants: restoration of rivers and streams for fisheries and wildlife, including dedicated funding for the Klamath-Trinity Watershed.

• Southern Steelhead Grants : restoration of Southern California Steelhead habitat. • Fish and Wildlife Improvement Grants : improvement of conditions for fish and wildlife in streams, rivers, wildlife refuges, wetland habitat areas, and estuaries. These guidelines include information regarding eligibility criteria, general program requirements, solicitation notices, submittal and evaluation of grant applications, and grant awards.

Separate solicitations will provide detailed information regarding how to apply, program priorities, and evaluation criteria specific to each solicitation. The mission of CDFW is to manage California’s diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.

CDFW awards grants on a competitive basis using the proposal selection process described in Section 4. These guidelines are based on the following legislation: 1. Public Resources Code (PRC) section 80000 et seq.

– California Drought, Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 2 Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Proposition 68); and 2. Fish and Game Code (FGC) section 1501.

5(b) – CDFW may grant funds for fish and wildlife habitat preservation, restoration, and enhancement to public agencies, Indian tribes, and nonprofit entities whenever CDFW finds that the grants will assist it in meeting its duty to preserve, protect, and restore fish and wildlife. As per PRC section 80010[b], these guidelines were finalized in October of 2018 following a 30-day public comment period on the draft guidelines.

The California Natural Resources Agency (CNRA) posted the final guidelines on the bond accountability website along with a verification that the guidelines are consistent with applicable statutes (PRC §80010[c]). Funding for competitive grants will be contingent upon fund availability.

Proposition 68, passed by California voters in June 2018, amended the PRC to add, among other articles, section 80132, subdivisions (d), (e)(2), and (g), authorizing the Legislature to appropriate up to $25,000,000 to CDFW to restore and protect rivers and streams in support of fisheries and wildlife, including $5,000,000 in the Klamath-Trinity watersheds; up to $30,000,000 to CDFW to restore Southern California Steelhead habitat; and up to $30,000,000 to CDFW to improve conditions for fish and wildlife in streams, rivers, wildlife refuges, wetland habitat areas, and estuaries; respectively.

Proposition 68 provides funding to CDFW to award grants to projects that improve a community’s ability to adapt to the unavoidable impacts of climate change; improve and protect coastal and rural economies, agricultural viability, wildlife corridors, or habitat; develop future recreational opportunities; or enhance drought tolerance, landscape resilience, and water retention (PRC §80130).

It is the intent of the people of California that these funds will be invested in projects that: 1. Advance the purposes articulated in PRC section 80132; 2. Provide public benefits that address the most critical statewide needs and priorities (PRC §80001[b][1]); 3.

Leverage private, federal, or local funding or produce the greatest public benefit (PRC §80001[b][2]); Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 3 4. To the extent practicable, provide workforce training, contractor, and job opportunities for disadvantaged communities (PRC §80001[b][5]); 5.

To the extent practicable, measure greenhouse gas emissions reductions and carbon sequestrations associated with projects (PRC §80001[b][7]); and 6. To the extent permissible under State General Obligation Bond Law and with the concurrence of the Director of Finance, up to five percent of funds available through Proposition 68 will be available for community access projects. (PRC §80008[c]).

Community access can be included as part of a project but will not be considered as a standalone project. # 2 ELIGIBILITY REQUIREMENTS Eligible entities are limited to public agencies, 501(c)(3) nonprofit organizations, public utilities, federally recognized Indian tribes, state Indian tribes listed on the Native American Heritage Commission's California Tribal Consultation List (FGC 1501.

5(b), and mutual water companies (CWC §79712[a]). A public agency is defined as a federal or state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state (CWC §79702[s]). Additionally, to be eligible for funding: 1.

A project proposed by a public utility that is regulated by the Public Utilities Commission or a mutual water company shall have a clear and definite public purpose and shall benefit the customers of the water system and not the investors ( CWC §79712[b][1] ); 2. An urban water supplier shall adopt and submit an urban water management plan in accordance with the Urban Water Management Planning Act (Part 2.

6 [commencing with section 10610] of Division 6 of the CWC) (CWC §79712[b][2]); 3. An agricultural water supplier shall adopt and submit an agricultural water management plan in accordance with the Agricultural Water Management Planning Act (Part 2. 8 [commencing with section 10800] of Division 6 of the CWC) (CWC §79712[b][3]); and 4.

In accordance with CWC section 10608. 56, an agricultural water supplier or an urban water supplier is ineligible for funding unless it complies with the requirements of Part 2. 55 (commencing with section 10608 of the Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 4 CWC) of Division 6 of the CWC (CWC §79712[b][4]).

Proposals from private individuals, for-profit enterprises (except those that are eligible for Proposition 68 funding as a public utility), or out-of-state public entities (except those that are federal agencies or nonprofit organizations registered with the California Secretary of State) are ineligible for funding; however, these entities can work as subcontractors for an eligible applicant.

CDFW will award grants on a competitive basis in different project categories that include for planning, implementation, and acquisition projects. CDFW may also award Contingency Funding to previously awarded projects, through a separate process, to support unanticipated costs and adaptive approaches. Planning grants provide funding for activities that lead to specific on-the-ground implementation projects.

Eligible activities for planning projects include, but are not limited to: 1. Preparing plans or supplementing existing plans (e.g., watershed and habitat assessments) that will result in a specific project or set of projects; 2. Developing monitoring, adaptive management, climate change adaptation, and long-term management plans for a specific project; 3.

Coordination with partners to develop large-scale restoration or enhancement projects; 4. Coordination with partners to develop standardized monitoring procedures; 5. Performing necessary studies and assessments, collecting baseline data, and developing project designs related to a specific site or physical project; 6.

Obtaining the services of licensed professional (refer to Section 3. 4 for guidance on when licensed professionals are required); 8. Preparing California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) documents; and 9.

Conducting stakeholder and public meetings. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 5 Implementation grants fund construction of restoration and enhancement projects and new or enhanced facilities. They are intended to support high priority shovel-ready projects that have advanced to the stage where planning, land tenure, and engineering are completed or nearly completed.

Applicants must demonstrate land tenure, CEQA compliance, and submit 65% or higher design plans, a Basis of Design Report, and technical studies. Eligible activities for implementation projects include, but are not limited to: 1. Preparation of bid packages and subcontractor documents; 2.

Development of final engineering design; 5. Habitat restoration and enhancement; 6. Pre- and post-project monitoring and adaptive management; 7.

Finalization and initial execution of a long-term management plan; and 8. Communicating project results to stakeholders and the public. Acquisition grants fund purchases of real property interests (fee title or conservation easements) or water rights.

Acquisitions must be from willing sellers and at fair market value, as confirmed by an appraisal approved by the Department of General Services (DGS) Real Property Services Section. A completed appraisal, approved by DGS, is not required at the time of proposal submission; however, if awarded, the appraisal must be submitted and approved by DGS prior to the request for distribution of acquisition funds.

Costs associated with preparation of the appraisal are ineligible for reimbursement through an awarded grant. Appraisal review by DGS can take up to 4-8 weeks and can cost up to $10,000; applicants should consider including this cost as a line item within their proposed budgets.

If a signed purchase option agreement is unavailable to be submitted with the application, a Willing Seller Letter is required from each landowner (see Section 3. 6). Once funds are awarded and an agreement is signed with CDFW, another property cannot be substituted for the property specified in the application.

Therefore, it is imperative the applicant demonstrate the seller is negotiating in good faith, and that discussions have proceeded to a point of confidence. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 6 Properties acquired can be transferred to a federal, state, local, or nonprofit entity to ultimately own, manage, and steward consistent with the purpose of the grant.

CDFW will not hold title to interests in land or water, nor will CDFW enter into forbearance agreements with applicants or other entities. A separate entity must be identified at the time of proposal submission. CDFW is interested in funding acquisitions that protect fish and wildlife habitat as a primary objective.

Applicants should describe the species and habitats that would benefit from the acquisition. Applicants should also describe performance measures, management strategies, and proposed conservation easement terms (if relevant) that demonstrate a clear nexus to the needs of target species.

In particular, the proposal should demonstrate how the acquisition will protect fish and wildlife habitat beyond merely restricting the fee owner’s right to subdivide parcels that make up the property.

For example, a proposal to acquire and manage a forested property should describe how the proposed conservation easement terms will provide greater fish and wildlife habitat protection than the minimum standards of the California Forest Practices Rules.

For each proposed acquisition property, applicants should include information on existing land uses and development and land uses and development that would be allowed onsite, including the location and a general description of such land uses and development. CDFW may rescind an award if the acquisition will not protect fish and wildlife habitat at a level consistent with what the applicant represented in its proposal.

Eligible activities and expenses for acquisition projects include, but are not limited to: 1. Acquisition of fee title or perpetual conservation easements; 2. Water acquisitions that include permanent, long-term, or short-term water transfers, leases, or dedications; and 3.

Project-related administrative costs, including DGS appraisal review, monitoring plan and/or long-term management plan. Ineligible costs include: 1. Appraisal preparation; 2.

Environmental Site Assessment; 3. Mineral Rights Assessment; 4. Other fees and costs to accomplish the transaction and the conveyance and acquisition of the property; and Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 7 5.

Title escrow and closing costs. Applicants must disclose any known or suspected hazardous material release, threatened release or other environmental condition associated with the property.

Prior to execution of a grant agreement for acquisition of an interest in real property, CDFW will assess the risk posed to the intended conservation purposes by the environmental conditions of the property, including any recognized environmental conditions that could occur on the property.

As part of that risk assessment, CDFW may require the surface estate landowner or project proponent to provide CDFW and any third parties with a Phase 1 Environmental Site Assessment. Costs associated with preparation of the Environmental Site Assessment and related activities are not eligible for reimbursement.

Successful applicants should consult with CDFW for specific requirements prior to initiating work on an Environmental Site Assessment. If CDFW determines that the risk is not acceptable, and the risk cannot be reduced to an acceptable level within a reasonable amount of time, then CDFW will rescind the grant award.

All grant awards for acquisition of an interest in real property are contingent on a CDFW determination that the risk posed to the conservation values of that property by mineral exploration, development, and related consequences is acceptable. Prior to execution of a grant agreement, CDFW will assess the risk that future mining activities could occur on the property.

As part of the risk assessment, CDFW may require the surface estate landowner or project proponent to provide CDFW and any third parties with an interest in the minerals with a mineral assessment report. Costs associated with preparation of the mineral assessment report and related activities are not eligible for reimbursement.

Successful applicants should consult with CDFW for specific requirements prior to initiating work on a mineral assessment report. Based on its risk assessment, CDFW will determine whether the risk of mining and the related consequences for intended conservation purposes is acceptable.

If CDFW determines that the risk is not acceptable, and the grantee cannot reduce the risk to an acceptable level within a reasonable amount of time, then CDFW will rescind the grant award. CDFW may restrict grantees’ authority to conduct or allow commercial activity on real property purchased in fee simple through these grant programs.

CDFW may require that the grantee only use income generated from the property (Project Income) to offset the costs of owning, managing, or restoring the real property purchased with CDFW grant funds.

CDFW may also require that so long as the grantee is receiving Project Income or Project Income remains unspent, the Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 8 grantee must provide CDFW with a basic annual accounting of Project Income. Finally, CDFW may impose restrictions on the use of water rights associated with fee simple property interests acquired with CDFW grant funds.

As per Public Resources Code 4751, for any conservation easement purchased with state funds on or after January 1, 2023, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the landowner shall agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of these larger trees over time.

In addition to satisfying the requirements of Public Resources Code 4751, proposals submitted to CDFW for improvement of forest health should include detailed management objectives for special-status fish, plants and wildlife species that may be present on the property.

Funds expended for the acquisition of a permanent dedication of water shall be in accordance with section 1707 of the California Water Code (CWC), where the State Water Resources Control Board (SWRCB) specifies that the water is in addition to water that is required for regulatory requirements as provided in subdivision (c) of section 1707 (CWC §79709[a]) .

The acquisition of long-term transfers of water shall be completed in accordance with CWC sections 1735, 1736 and 1737 (CWC ## 2. 2. 4 Contingency Funding (Previous CDFW Awards Only) CDFW may solicit applications from previously awarded CDFW Proposition 68 projects for contingency funding to support unanticipated costs.

Applicants interested in Proposition 68 Contingency Funding grants may apply through a separate solicitation process, on an ongoing basis, pending availability of contingency funds and the nature of the funding request. Contingency Funding requests must fit within the parameters of the current CDFW funded project and must be submitted with at least six months left in the current agreement term.

Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 9 Examples of project types that may be eligible for funding are identified below for each of the grant opportunities. These are not exhaustive lists of eligible project types. Specifics concerning eligible project types may vary in each solicitation.

## 2. 3.

1 Rivers and Streams Grant Opportunities (Including Klamath-Trinity Opportunities) Funding is available in PRC section 80132(d) to restore and protect rivers and streams in support of fisheries and wildlife, including, but not limited to, reconnection of rivers with their floodplains, riparian and side -channel habitat restoration, and restoration and protection of upper watershed forests and meadow systems that are important for fish and wildlife resources.

Of the funds made available by PRC section 80132(d), at least $5,000,000 will be available for restoration projects in the Klamath-Trinity watershed for the benefit of salmon and steelhead. 1. Restoring, protecting or enhancing riparian, and aquatic, habitat; 2.

Reconnecting historical flood plains; 3. Installing or improving fish screens; 4. Modernizing stream crossings, culverts, and bridges; 5.

Providing fish passage; 6. Restoring river channels; 7. Improving ecological functions; 8.

Improving local watershed management; 9. Restoration and protection of upper watershed forests and meadow systems; and 10. Removing sediment or trash.

## 2. 3. 2 Southern Steelhead Grant Opportunities Funding is available for PRC section 80132(e)(2) for restoration of Southern California Steelhead habitat consistent with the Department of Fish and Wildlife’s Steelhead Restoration and Management Plan and the National Marine Fisheries Service’s Southern California Steelhead Recovery Plan.

1. Providing fish passage; 2. Modernizing stream crossings, culverts, and bridges; and 3.

Restoring or enhancing habitat. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 10 Projects that remove significant barriers to steelhead migration and include other habitat restoration and associated infrastructure improvements will be the highest priority (PRC §80132[e][2]). ## 2.

3. 3 Fish and Wildlife Improvement Grant Opportunities Funding is available for PRC section 80132(g) for to improve conditions for fish and wildlife in streams, rivers, wildlife refuges, wetland habitat areas, and estuaries.

Eligible projects include acquisition of water from willing sellers, acquisition of land that includes water rights or contractual rights to water, short- or long-term water transfers or leases, provision of water for fish and wildlife, or improvement of aquatic or riparian habitat conditions. 1. Improve conditions for fish and wildlife in streams, rivers, wildlife refuges, wetland habitat areas and estuaries; 2.

Acquisition of water from willing sellers; 3. Acquisition of land that includes water rights of contractual rights to water; 4. Short- or long-term water transfers or leases; 5.

Provision of water for fish and wildlife; and 6. Improvement of aquatic or riparian habitat conditions. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 11 # 3 GENERAL PROGRAM REQUIREMENTS Proposals submitted must be in full compliance with all stated requirements of each solicitation.

Any changes to the proposal application submission process will be posted in a timely manner on CDFW’s Restoration Grant Programs website .

Applicants should budget for all costs associated with project delivery, for example: presentations to CDFW including travel, long term management plan development, monitoring plan development (if not included in proposal), project signage, publication fees, permit fees, subcontractor costs etc. Applicants must demonstrate reasonableness of costs under the circumstances of the proposal, including subcontractor costs, materials, and equipment.

Cost share is the portion of the project cost not funded by the awarding agency (CDFW) and is provided by the applicant and/or other sources (e.g., private companies, nonprofit organizations, public agencies, and/or other entities). Cost share must support the proposed project and grantee must spend its cost share during the term of the awarded grant.

Cost share is not required; however, secured cost share is viewed as an indication of partnership and community support during the evaluation process and may increase the likelihood of funding. Applicants must indicate if any cost share is being used as match for other grants or entities and whether they intend to leverage CDFW Proposition 68 funds as match, if awarded.

Where applicable, cost share agreements or funding assurances must be submitted prior to grant execution. The applicant’s indirect cost (administrative overhead) calculations are limited to actual costs and cannot exceed 20 percent of the direct costs. Direct costs may include up to $25,000 of each subcontract, but shall not include equipment costs as defined in CDFW General Grant Provisions .

CDFW will not fund any amount over Indirect costs include, but are not limited to, utilities, office space rental, phone, use of computers and office equipment, postage, and copying directly related to completion of the proposed project. Applicant must itemize indirect costs and may not roll up the indirect costs into direct costs. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 12 ## 3.

1. 3 Ineligible Costs Following are ineligible costs for reimbursement: 1. Costs incurred outside of the grant agreement term; 2.

Costs related to the preparation of the grant proposal; 3. Indirect costs greater than 20% of the direct costs, or indirect costs calculated using more than the first $25,000 of each subcontractor, or any equipment costs; 4. Student tuition and fees; 5.

Intern stipends (an hourly wage billed for project activities is acceptable); 6. Travel, equipment, and other property costs not specifically identified in the grant budget; 7. Out of state travel without prior written authorization from CDFW; 8.

Appraisal, title, or escrow costs; 9. Costs for CEQA or NEPA completion on implementation projects; and 10. Insurance, including liability insurance.

All applicants and individuals who participate in the review of submitted proposals are subject to State and federal conflict of interest laws.

Any individual who has participated in planning or setting priorities for a specific solicitation or who will participate in any part of the grant development and negotiation process on behalf of the public is ineligible to receive funds or personally benefit from funds awarded through that solicitation. Applicants should also be aware that certain State agencies may submit proposals that will compete for funding.

Employees of State and federal agencies may participate in the review process as scientific and technical reviewers but are subject to the same State and federal conflict of interest laws. Failure to comply with the conflict of interest laws, including business and financial disclosure provisions, will result in the proposal being rejected and any subsequent grant agreement being declared void. Other legal actions may also be taken.

Applicable statutes include, but are not limited to, California Government Code section 1090 and Public Contract Code sections 10365. 5, 10410, and 10411. Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 13 Once the proposal has been submitted to CDFW, any privacy rights, as well as other confidentiality protections afforded by law with respect to the application package will be waived.

Unsealed proposals are public records under the California Public Records Act (CGC section 6250 et. seq. ).

# California Conservation Corps and Certified Community Conservation Corps Consultation All applicants for implementation projects and for projects that include field work shall consult with the California Conservation Corps (CCC) or a certified local conservation corps as to the feasibility of using their services as defined in section 14507. 5 of the Public Resources Code to implement projects (CWC §79734).

If Corps services are available, applicants must identify the appropriate Corps and the components of the project where work will be completed in the Project Narrative and include estimated costs in the Budget. Applicants awarded funding must thereafter work with either the CCC or California Association of Local Conservation Corps (CALCC) to develop a statement of work and enter into a contract with the appropriate Corps.

Applicants that fail to engage in consultation with the CCC or a certified local conservation corps will not be eligible to receive CDFW Proposition 68 funding. # Disadvantaged Communities Proposition 68 requires that at least 15 percent of the funds available pursuant Chapter 10 shall be allocated for projects serving severely disadvantaged communities.

A severely disadvantaged community is defined as a community with a median household income less than 60 percent of the statewide average (PRC § Applicants will be required to evaluate whether their proposed project will benefit one or more disadvantaged communities. A tool to determine if a project falls within a disadvantaged community is Community FactFinder .

The Department of Water Resources also created a tool for Proposition 84 and Proposition 1. It can be found at: https://gis. water.

ca. gov/app/dacs/ . # Land Tenure/Site Control Applicants for projects that involve access to private property must demonstrate landowner permission to access the site for the term of the agreement.

Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 14 ## Implementation Projects Implementation projects conducting on-the-ground work must submit documentation showing that they have adequate tenure to, and site control of, the properties to be improved or restored for at least 25 years or a term negotiated with CDFW and the Grantee.

Acquisition proposals must include a signed purchase option agreement, or willing seller letter(s) from each landowner indicating that they are a willing participant in the proposed real estate transaction.

The letter should clearly identify the parcels to be purchased and state that, “if grant funds are awarded, the seller is willing to enter into negotiations for sale of the property at a purchase price not to exceed fair market value.

” ## Implementation and Acquisition Projects When an applicant does not have tenure at the time of proposal submission, the applicant must submit a proposed agreement template, memorandum of understanding, or landowner permission form with the proposal submission. If awarded, an executed site access agreement is required prior to execution of the grant agreement.

Land tenure agreements must provide CDFW access to the project site at least once every 12 months for 25 years or a term negotiated with CDFW and the Grantee. Proof of adequate land tenure includes: 2. An easement or license agreement; 3.

Other agreement between the applicant and the fee title owner, or the owner of an easement in the property, sufficient to give the applicant adequate site control for the purposes of the project and long-term management; and 4. For projects involving multiple landowners, all landowners or an appointed designee must provide written permission to complete the project.

# Design Plans/Engineering For projects that involve design phases, a Basis of Design Report and supporting technical studies must accompany all design plans.

The Basis of Design report should include sufficient detail to understand the site-specific conditions, technical Revised 2024 > CDFW Proposition 68 Solicitation and Evaluation Guidelines 15 adequacy of the proposed design, relevant assessments (completed or proposed), data gaps, and how the proposed design will deliver the benefits claimed. Components of the accompanying design plans are as follows: 1.

Conceptual Plans must include: b) The layout of the project with all constraints identified; c) A demonstration that the project is feasible and is a preferred alternative; and d) An alternatives analysis that compares several conceptual level plans. 2.

Intermediate Plans (65% plans) must include: a) Detailed plan views and profiles of any improvements and standard details; c) Where relevant: Cross-sections, longitudinal profiles, model results, diagrams