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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Reorganization Plan No. 4 of 1970; Magnuson -Stevens Fishery Conservation and Management Reauthorization Act of 2006, 16 U.S.C. 1891a; Endangered Species Act, 16 U.S.C. 1535; America COMPETES Act, as amended, 33 U.S.C. 893a; Bipartisan Infrastructure Law (Public Law 117-58); and Inflation Reduction Act (Public Law 117- 169). Where the terms of the award and proposal differ, the terms of the award shall prevail. The terms in Section II of the Notice of Award applicable to this award are the version in effect at the time of award, unless the award is amended. Historical versions of 2 CFR 200 are available by clicking links at the top of the eCFR weblink in the Notice of Award. Cooperative Agreement / Substantial Involvement This award is a cooperative agreement as described in 2 C.F.R. Sec. 200.1 Definitions, meaning that NOAA is substantially involved in the project. NOAA Fisheries participation will be crucial to ensuring the timely implementation of the most beneficial habitat restoration project. NOAA may participate in one or more of the following ways: --collaboration on the scope of work through participation in meetings and review of documents; --providing assistance with technical aspects of the habitat restoration project such as assistance with permitting or development of detailed work plans and monitoring plans; --review and comment on design plans at the beginning of the award, at various stages throughout any portion of the design process that occurs during the award (e.g. conceptual, 30%, 60%, and 90% completion), and at the final completion stage; --review of procurement materials to the extent authorized by 2 C.F.R. Sec. 200 Procurement Standards; --tracking the progression of the restoration from planning through implementation and post -construction monitoring, with particular emphasis on tracking Recipient achievement of targets for major milestones and performance metrics and sharing results; --other involvement consistent with Office of Management and Budget Guidance on Substantial Involvement. See 43 Federal Register 36860 (Aug. 18, 1978). Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Buy America Preference. Recipients of an award of Federal financial assistance from the Department of Commerce (Department) for a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless: all iron and steel used in the project are produced in the United States this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; all manufactured products used in the project are produced in the United States this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and Page 4 of 12