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COMMERCIAL FISHERIES REVIEW 



Vol. 28, No. 7 



in fresh water, but which spend part of 

 their life in salt water; also, fish which 

 spend part of their life in the Great 

 Lakes and spawn in streams tributary to 

 the Great Lakes. 



(h) Cooperative agreement. (1) The 

 documentation describing conservation, 

 development, and enhancement activities 

 to be carried on as provided by the Act. 

 Such agreements shall set forth the re- 

 sponsibilities of the cooperators and the 

 Secretary, the anticipated benefits of the 

 undertaking, the estimated cost to each 

 cooperator, the term of the agreement, 

 disposition of real or personal properties, 

 and such, other information as is appro- 

 priate. 



(2) Cooperative agreements constitute 

 the basis for projects and shall conform 

 to the documentation requirements pre- 

 scribed by the Secretary. 



(i) Project. Any undertaking involv- 

 ing the conservation, enhancement and 

 development of anadromous fish. A 

 project is established upon execution of 

 a cooperative agreement. 



§ 401.2 Submission of applications. 



Proposed cooperative agreements shall 

 be submitted to the concerned Regional 

 or Area Office. 



§ 401.3 Prosecution of work. 



(a) The cooperator shall carry proj- 

 ects through to a stage of completion 

 acceptable to the Secretary with reason- 

 able promptness. Failure to render 

 satisfactory progress reports or failure 

 to complete the project to the satisfac- 

 tion of the Secretary shall be cause for 

 the Secretary to withhold further pay- 

 ments until the project provisions are 

 satisfactorily met. Projects may be 

 terminated upon determination by the 

 Secretary that satisfactory progress has 

 not been maintained. The Secretary 

 shall have the right to inspect and re- 

 view work being done at any time. 



(b) Research and/or development 

 work shall be continuously coordinated 

 by the cooperator with studies conducted 

 by others to avoid unnecessary duplica- 

 tion. 



(c) All work shall be performed in 

 accordance with applicable State laws, 

 except when in conflict with Federal laws 

 or regulations, in which case Federal laws 

 or regulations shall prevail. 



§ 401.4 General information for the Sec- 

 retary. 



Before any Federal funds may be ob- 

 ligated for any project the cooperator 

 shall furnish to the Secretary upon his, 

 request, information regarding the laws 

 affecting anadromous flsh and the au- 

 thority of a cooperator to participate in 

 the benefits of the Act. 



(a) Document signature. Individuals 

 authorized to sign project documents 

 under the Commercial Fisheries Re- 

 search and Development Act or the Fed- 

 eral Aid in Fish Restoration Act may 

 likewise sign cooperative agreements un- 

 der this Act. 



(b) Program information. The Sec- 

 retary may, from time to time, request, 

 and the cooperators shall furnish, infor- 

 mation relating to the administration 

 and maintenance of any project estab- 

 lished under the Act. 



§ 401.5 Availability of funds. 



Language appearing In Appropriation 

 Acts providing funds for this program 

 will govern the period during which the 

 funds may be obligated. 

 § 401.6 Payments to cooperators. 



Payments shall be made to cooperators 

 as work described In cooperative agree- 

 ments progresses and Is completed. 



§ 401.7 Forms of vouchers. 



Vouchers on forms provided by the 

 Secretary and certified as therein pre- 

 scribed showing amounts expended on 

 each project, and the Federal portion 

 claimed to be due on account thereof, 

 shall be submitted to the Secretary by 

 the cooperator. 



§ 401.8 Property as matching funds. 



The non-Federal share of the cost of 

 projects may be in the form of real or 

 personal property. To establish the 

 value of such property the cooperator 

 shall furnish such market value ap- 

 praisal information as the Secretary may 

 require prior to execution of a coopera- 

 tive agreement. 



§ 401.9 Economy and efficiency of oper- 

 ations. 



No cooperative agreement shall be ex- 

 ecuted until the cooperator has shown 

 to the satisfaction of the Secretary that 

 appropriate and adequate means shall 

 be employed to achieve economy and 

 efficiency in the completion of the project. 



§ 401.10 Ownership of property. 



When real property Is acquired pur- 

 suant to the provisions of the Act, title 

 to such property or interest therein shall 

 be vested in the United States, and the 

 conveying Instrument shall recite the 

 United States of America as the grantee. 

 However, if the Secretary determines 

 that under the terms of the cooperative 

 agreement, the intent and purpose of the 

 Act may be better served by State owner- 

 ship of such property, an appropriate 

 transfer may be made. When real or 

 personal property Is utilized by the State 

 as matching funds, title to such property 

 shall remain In the State. When real 

 or personal property Is utilized as match- 

 ing funds by a cooperator other than the 

 State, title shall be In the State imless 

 otherwise specified In the cooperative 

 agreement. 

 §401.11 Personnel. 



The cooperator shall maintain an ade- 

 quate and competent force of employees 

 to initiate and carry cooperative agree- 

 ments to satisfactory completion. Per- 

 sormel employed on projects shall be 

 selected on the basis of their competence 

 to perform the services required and shall 

 conduct their duties in a manner ac- 

 ceptable to the Secretary. 



§ 401.12 Inspection. 



Supervision of each project shall be as 

 specified in the cooperative agreement 

 and shall include adequate and continu- 

 ous inspection. The project will be sub- 

 ject at all times to Federal inspection. 



§401.13 Records retention. 



All records of accounts and reports, 

 with supporting documentation thereto, 

 will be retained by the cooperator for a 

 period of three years after final audit la 

 made by the Federal Government. 



§ 401.14 Reporting. 



Progress and final reports shall be sub- 

 mitted to the Secretary by the cooperator 

 in accordance with reporting require- 

 ments prescribed by the Secretary. Re- 

 ports should be in the form of publica- 

 tions whenever appropriate. Progress 

 and final reports will be placed In perma- 

 nent depository for future reference. 



§ 401.15 Safely and accident preven- 

 tion. 



In the performance of each project, 

 the cooperator shall comply with all ap- 

 plicable Federal, State and local laws 

 governing safety, health and sanitation. 

 The cooperator shall be responsible for 

 ascertaining that all safeguards, safety 

 devices and protective equipment are 

 provided. The cooperator will take any 

 other needed actions reasonably neces- 

 sary to protect the life and health of em- 

 ployees on the job. the safety of the pub- 

 lic, and the protection of property used 

 in connection with the performance of 

 the work covered by plans, specifications, 

 and estimates relating to the project. 



§ 401.16 Contracts. 



Supply, service, equipment and con- 

 struction contracts, other than research 

 and development contracts and contracts 

 for professional services, involving an 

 expenditure of $2,500 or more entered 

 into by a cooperator for the execution of 

 approved project activities, shall be based 

 upon free and open competitive bids. If 

 a contract is awarded to other than the 

 lowest responsible bidder, the payment 

 of the Federal portion of the cost of the 

 project shall be based on the lowest 

 responsible bid, unless it is satisfactorily 

 shown that it was advantageous to the 

 project to accept a higher bid. Upon 

 request, the cooperator shall certify and 

 promptly furnish to the Secretary a copy 

 of each contract executed and copies of 

 all bids received concerning the contract. 

 Contracts for research, development and 

 professional services may be negotiated, 

 provided that the Secretary is satisfied 

 that adequate steps are talcen to insure 

 economical and efficient services and the 

 impartial selection of contractors. 



§ 401.17 Statements and payrolls. 



The regulations of the Secretary of 

 Labor applicable to contractors and sub- 

 contractors (29 CPR Part 3) , made pur- 

 suant to the Copeland Act, as amended 

 (40 U.S.C. 276c), and to aid in the en- 

 forcement of the Anti-Klckback Act (18 

 U.S.C. 874) are made a part of the regu- 

 lations in this part by reference. The 

 cooperator will comply with the regula- 

 tions in this part and any amendments 

 or modifications thereof and the coop- 

 erator's prime contractor will be respon- 

 sible for the submission of statements 

 required of subcontractors thereunder. 

 The foregoing shall apply except as the 

 Secretary of Labor may specifically pro- 

 vide for reasonable limitation, variations, 

 tolerances, and exemptions. 



§ 401.18 Officials not to benefit. 



No Member of, or Delegate to, Con- 

 gress, or Resident Commissioner, shall be 

 admitted to any share or any part of 

 an agreement, or to any benefit that may 

 arise therefrom; but this provision shall 

 not be construed to extend to this agree- 

 ment If made with a corporation for its 

 general benefit. 



