Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices 26181

antidumping and countervailing duties

on its sales of subject pasta in the

United States. Therefore, we are selfinitiating an anti-circumvention inquiry

to determine whether Pagani’s

importation of pasta in bulk and

subsequent repackaging in the United

States constitutes circumvention, with

respect to the antidumping and

countervailing duty orders on pasta

from Italy pursuant to section 781(a) of

the Act and 19 CFR 351.225(b).

We intend to notify the International

Trade Commission in the event of an

affirmative preliminary determination of

circumvention, in accordance with 19

CFR 351.225(f)(7).

The Department will not order the

suspension of liquidation at this time.

However, in accordance with 19 CFR

351.225(l)(2), the Department will

instruct the U.S. Customs Service to

suspend liquidation in the event of an

affirmative preliminary determination of

circumvention. Although interested

parties may comment prior to the

preliminary determination, the

Department will establish a formal

schedule for submission of final

comments after the preliminary

determination.

This notice is issued and published

pursuant to section 781 of the Act (19

U.S.C. 1677j) and 19 CFR 351.225.

Dated: April 27, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–11306 Filed 5–4–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No.000411102–0102–01; I.D.

030800B]

RIN 0648–ZA85

Financial Assistance for CommunityBased Habitat Restoration Projects

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of funds.

SUMMARY: NMFS announces that

funding will be available to implement

grass-roots restoration projects to restore

fish habitats under the NOAA

Community-Based Restoration Program

(CRP or Program). NMFS issues this

document describing the conditions

under which applications (project

proposals) will be accepted under the

CRP and the manner in which

applications will be selected for

funding.

The CRP is a national effort to

encourage partnerships with Federal

agencies, states, local governments, nongovernmental and non-profit

organizations, businesses, industry,

schools, colleges and universities to

carry out locally important habitat

restorations to benefit living marine

resources. The CRP assists eligible

applicants in carrying out on-the-ground

habitat restoration projects that address

important fishery habitat issues within

communities and involve local citizens

in marine, estuarine, and anadromous

fish habitat restoration activities.

DATES: Applications for funding under

the CRP will be accepted upon

publication of this notice in the Federal

Register and must be received by 5 p.m.

(eastern daylight savings time) on June

9, 2000. Applications received after that

time will not be considered for funding.

No facsimile applications will be

accepted.

ADDRESSES: Send applications to

Director, NOAA Restoration Center,

National Marine Fisheries Service, 1315

East West Highway (F/HC3), Silver

Spring, MD 20910–3282; ATTN: CRP

Applications.

See SUPPLEMENTARY INFORMATION

section under Electronic Access for

additional information on the Program

and for application form information.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Doley, (301) 713–0174,

or by e-mail at Chris.Doley@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

The Secretary of Commerce is

authorized under the Fish and Wildlife

Coordination Act of 1956, 16 U.S.C.

661–666, to provide grants or

cooperative agreements for fisheries

habitat restoration.

II. Catalogue of Federal Domestic

Assistance

This Program is described in the

‘‘Catalogue of Federal Domestic

Assistance,’’ under program number

11.463, Habitat Conservation.

III. Program Description

The CRP, a competitive Federal

assistance program, promotes strong

partnerships to fund grass-roots,

community-based activities that restore

habitat and develop stewardship and a

conservation ethic for NOAA’s trust

resources. NOAA’s trust resources are

living marine resources that include:

commercial and recreational fishery

resources; anadromous species (fish,

such as salmon and striped bass, that

spawn in freshwater and then migrate to

the sea); endangered and threatened

marine species and their habitats;

marine mammals; marshes, mangroves,

sea grass beds, coral reefs, and other

coastal habitats; and all resources

associated with National Marine

Sanctuaries and National Estuarine

Research Reserves.

The Program’s objective is to bring

together citizen groups, public and

nonprofit organizations, industry,

corporations and businesses, youth

conservation corps, students,

landowners, and local government,

state, and Federal agencies to

implement habitat restoration projects

to benefit NOAA trust resources.

Partnerships are developed at the

national and local level to contribute

funding, land, technical assistance,

workforce support or other in-kind

services to promote citizen participation

in the improvement of locally important

living marine resources.

The Program recognizes the

significant role that communities play

in habitat restoration and protection and

acknowledges that habitat restoration is

often best supported and implemented

at a community level. Projects are

successful because they have significant

community support and depend upon

citizens’ hands-on involvement. The

role of NOAA in the Program is to

strengthen the development and

implementation of sound restoration

projects.

For more information on the Program,

see Electronic Access.

IV. Funding Availability

This solicitation announces that

funding of approximately $500,000 will

be available in FY 2000. There is no

guarantee that sufficient funds will be

available to make awards for all

approved projects. Publication of this

notice does not obligate NOAA to award

any specific project or obligate all or any

parts of the available funds.

V. Matching Requirements

The focus of the Program is to provide

seed money to leverage funds and other

contributions from a broad public and

private sector to implement locally

important habitat restoration to benefit

living marine resources. To this end,

applicants are expected to demonstrate

a minimum 1:1 non-Federal match for

CRP funds requested to complete the

proposed project. In unusual

circumstances, the NOAA Restoration

Center may waive the expectation of 1:1

matching funds before funding

decisions are made if the project meets

the following three requirements: (1)

26182 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices

The project is judged to be an

outstanding match with NOAA and

NMFS Restoration Center objectives (see

SUPPLEMENTARY INFORMATION section

under Eligible Restoration Activities);

(2) the need to carry out the project in

a timely fashion to benefit NOAA trust

resources is critical; and (3) the project

sponsor has attempted to obtain

matching funds but was unable to come

up with the full 1:1 minimum match

expected, and can provide satisfactory

supporting documentation. NOAA

strongly encourages applicants to

leverage as much investment as

possible. The degree to which costsharing exceeds the minimum level may

be taken into account in the final

selection of projects to be funded (see

Evaluation Criteria section).

The match can come from a variety of

public and private sources and can

include in-kind goods and services.

Federal funds may not be considered

matching funds. Applicants are

permitted to combine contributions

from additional project partners in order

to meet the 1:1 expected match for the

project. Applicants whose proposals are

selected for funding will be bound by

the percentage of cost sharing reflected

in the award document signed by the

Grants Officer.

VI. Type of Funding Instrument

The Restoration Center envisions

funding projects in this solicitation

through cooperative agreements and

grants. In most cases, the cooperative

agreement is likely to be the preferred

and most appropriate funding

instrument. A cooperative agreement is

a legal instrument reflecting a

relationship between NOAA and a

recipient whenever (1) the principal

purpose of the relationship is to provide

financial assistance to the recipient and

(2) substantial involvement in the

project by NOAA is anticipated during

performance of the contemplated

activity. NOAA is substantially involved

in developing locally driven habitat

restoration projects, conducting

cooperative activities with recipients,

and evaluating the performance of

projects for their effectiveness in

meeting stated restoration goals for

improving fisheries habitat. A grant is

similar to a cooperative agreement,

except that, in the case of grants,

substantial involvement by NOAA is not

anticipated during the performance of

the contemplated activity.

VII. Eligible Applicants

Any state, local or tribal government,

regional governmental body, public or

private agency or organization may

sponsor a project for funding

consideration. Federal agencies are not

eligible to apply for funding; however,

they are encouraged to work in

partnership with state agencies,

municipalities, and community groups.

Successful applicants will be those

whose projects demonstrate that

significant, direct benefits are expected

to living marine resources as a result of

activities by supportive, involved

communities. The Program operates

under statutory authority that precludes

individuals from applying.

Pursuant to Executive Orders 12876,

12900, and 13021, the Department of

Commerce National Oceanic and

Atmospheric Administration (DOC/

NOAA) is strongly committed to

broadening the participation of

Historically Black Colleges and

Universities, Hispanic Serving

Institutions, and Tribal Colleges and

Universities in its educational and

research programs. The DOC/NOAA

vision, mission, and goals are to achieve

full participation by Minority Serving

Institutions (MSI) in order to advance

the development of human potential, to

strengthen the nation’s capacity to

provide high-quality education, and to

increase opportunities for MSIs to

participate in and benefit from Federal

financial assistance programs. DOC/

NOAA encourages all applicants to

include meaningful participation of

MSIs.

VIII. Award Period

Generally, the Program will make

awards only to those projects where

requested funding will be used to

complete proposed restoration

activities, with the exception of postconstruction monitoring, within a

period of 18 months from the time

awards are distributed. If an application

is selected for funding, NMFS has no

obligation to provide any additional

prospective funding in connection with

that award in subsequent years. Any

subsequent proposal to continue work

on an existing project must be submitted

to the competitive process for

consideration and will not receive

preferential treatment. Renewal of an

award to increase funding or to extend

the period of performance is at the total

discretion of the Restoration Center

Director.

IX. Electronic Access

Information on the Program,

including partnerships and projects that

have been funded to date, can be found

on the world wide web at http://

www.nmfs.gov/habitat/restoration.

Application forms are available over the

world wide web at http://

www.rdc.noaa.gov/grants/index.html.

Application forms can also be obtained

from the NOAA Restoration Center (see

ADDRESSES).

X. Application Process

Applications for project funding

under this program must be complete

and in accordance with instructions in

the standard NOAA Grants Application

Package. Each application must include

all specified sections as listed in the

Application Package, including, but not

limited to, the following: cover sheet (an

applicant must use OMB Standard Form

424 and 424B as the cover sheet for each

project); budget (SF 424A and budget

justification), and narrative project

description (statement of work). Budgets

must include a detailed breakdown by

category of cost estimates as they relate

to specific aspects of the project, with

appropriate justification for both the

Federal and non-Federal shares.

The narrative project description

should be limited to five pages in length

and should give a clear presentation of

the proposed work. It should identify

the problems the project will address

and describe short-term and long-term

objectives and goals, the methods for

carrying out and monitoring the project,

and its relevance to enhancing habitat to

benefit living marine resources. The

need for assistance should be

demonstrated, and participants (project

partners) other than the applicant

should be identified. The project

narrative should also provide an

overview of the organization to establish

the qualifications of the applicant

seeking funds and identify proposed

project staff, and identify the geographic

location where the project will occur.

Applicants should not assume prior

knowledge on the part of NOAA as to

the relative merits of the project

described in the application.

Applications should not be bound in

any manner and should be printed on

one side only. All incomplete

applications will be returned to the

applicant. Three copies (one signed

original and two signed copies) of each

application are required and must be

submitted to the NOAA Restoration

Center (see ADDRESSES). Applicants may

opt to submit additional copies (seven

are needed for reviewing purposes) if it

doesn’t cause a financial hardship.

XI. Indirect Costs

The budget may include an amount

for indirect costs if the applicant has an

established indirect cost rate with the

Federal government. The total dollar

amount of indirect costs proposed in an

application under this program must not

exceed the indirect cost rate negotiated

and approved by a cognizant Federal

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices 26183

agency prior to the proposed effective

date of the award. However, the Federal

share of the indirect costs may not

exceed 25 percent of the proposed

request for Federal support. Applicants

with indirect cost rates above 25 percent

may use the amount above the 25–

percent level as part of the non-Federal

share. A copy of the approved, currently

negotiated Indirect Cost Agreement with

the Federal Government must be

included in the application. If the

applicant does not have a current

negotiated rate, and plans to seek

reimbursement for indirect costs,

documentation necessary to establish a

rate must be submitted within 90 days

of the award.

XII. Eligible Restoration Activities

NOAA is interested in funding

projects that will result in on-theground restoration of habitat to benefit

living marine resources, including

anadromous fish species. Habitat

restoration is defined here as activities

that directly result in the

reestablishment of formerly existing or

re-creation of functional and productive,

marine, estuarine, or coastal river

biological systems. Restoration may

include, but is not limited to, the

improvement of coastal wetland tidal

exchange or reestablishment of historic

hydrology; dam or berm removal;

improvement or reestablishment of fish

passageway; natural or artificial reef/

substrate/habitat creation; the

establishment of riparian buffer zones

and improvement of freshwater habitat

features that support anadromous fishes;

the planting of native coastal wetland

and submerged aquatic vegetation; and

the improvement of feeding, spawning

and growth areas essential to marine or

anadromous fish.

In general, proposed projects should

clearly demonstrate anticipated benefits

to habitats, such as salt marshes,

seagrass beds, coral reefs, mangrove

forests and riparian habitat near rivers,

streams and creeks used or formerly

used by anadromous fish. To protect the

Federal investment, projects on private

lands need to provide assurance that the

project will be maintained for its

intended purpose for the life of the

project. Projects on permanently

protected lands may be given priority

consideration.

Projects must involve significant

community support through an

educational and/or volunteer

component tied to the restoration

activities. Implementation of on-theground habitat restoration projects must

involve community outreach and

monitoring to assess project success,

and may involve limited preimplementation activities, such as

engineering and design and short-term

baseline studies. Proposals emphasizing

a singular component, such as only

outreach, monitoring, or program

coordination are discouraged, as are

requests primarily for administration,

salaries, overhead and travel.

Although NOAA recognizes that

water quality issues may impact habitat

restoration efforts, this initiative is

intended to fund physical habitat

restoration projects rather than direct

water quality improvement measures,

such as wastewater treatment plant

upgrades or combined sewer outfall

corrections. Similarly, the following

restoration projects will not be eligible

for funding: (1) Activities that constitute

legally required mitigation for the

adverse effects of an activity regulated

or otherwise governed by state or

Federal law; (2) activities that constitute

restoration for natural resource damages

under Federal or state law, and (3)

activities that are required by a separate

consent decree, court order, statute or

regulation. Funds from this program

may be sought to enhance restoration

activities beyond the scope legally

required by these activities.

XIII. Examples of Previously Funded

Projects

The following examples are

community-based restoration projects

that have been funded with assistance

from the Restoration Center. These

examples are only illustrative and are

not intended to limit the scope of future

proposals in any way.

Submerged Aquatic Vegetation

Restoration

Funding was provided to evaluate the

feasibility of using volunteer divers to

restore seagrass. A protocol was

developed to train volunteers in water

quality monitoring and seagrass

transplantation techniques.

Fish Ladder Construction

An impediment to fish passage was

corrected through the design and

construction of a step-pool fish ladder,

which now allows native steelhead trout

to reach their historical spawning

grounds.

Invasive Plant Removal

Funding was provided to a coalition

of volunteer groups called

‘‘Pepperbusters’’ who worked to remove

exotic Brazilian pepper plants and

replant native shoreline vegetation.

Salt Marsh Restoration

Tidal flushing was restored to 20

acres of salt marsh by replacing an

undersized culvert to increase the mean

high water level in the restricted portion

of the marsh.

Oyster Reef Restoration

Funding was provided to increase

oyster reef habitat by reconstructing

historical reefs and seeding them with

hatchery-produced seed oysters grown

in floating cages by students.

Kelp Forest Restoration

Funding was provided to train

community dive groups in kelp

reforestation activities, including the

preparation, planting and maintenance

of kelp sites, documentation of growth

patterns and changes in marine life

attracted to the newly planted kelp

areas.

Wetland Plant Nursery

Funding was provided to start an

innovative wetland nursery program in

local high schools, where science and

ecology classes build wetland nurseries

on-campus to grow salt marsh grasses

for local restoration efforts.

Riparian Habitat Restoration

Funding was provided to train youth

corps in the use of biorestoration and

stabilization techniques to restore

eroding riverbanks and improve habitat

for salmon smolt and other fish species.

Anadromous Fish Habitat Restoration

Highly functional salmonid and

wildlife habitat was restored with the

cooperation of private landowners by

opening silted enclosures along a slough

to provide refuge for juvenile salmonids

during the winter flood flows.

XIV. Project Selection Process

Applications will be screened to

determine if applicants meet the

minimum Program requirements as

described in this notice. Eligible

restoration projects will undergo a

technical review, ranking, and selection

process. As appropriate during this

process, the NOAA Restoration Center

will solicit individual technical

evaluations of each project and may

consult with other NOAA offices, the

NOAA Grants Management Division,

the U.S. Department of Commerce, the

Regional Fishery Management Councils,

other Federal and state agencies, such as

state coastal management agencies and

state fish and wildlife agencies, and

private and public sector subject experts

or such other interested parties as

potential partners who have knowledge

of a specific project or its subject matter.

Projects will be ranked by individual

reviewers according to the criteria and

weights described in this solicitation.

26184 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices

The individual evaluation comments,

and composite project ranks of

reviewers will be presented to the

Director of the NOAA Restoration

Center. The Director, in consultation

with Program staff, may take into

account the following program

priorities: (a) geographic location and

habitat type to be restored, (b) diversity

of applicants, (c) degree of duplication

of proposed activities with other

projects that are currently funded or

approved for funding by NOAA and

other Federal agencies; and (d)

availability of remaining funds. As a

result, awards may not necessarily be

made to the highest scored proposals. In

addition, the Director, in consultation

with Program staff, will select the

proposals to be funded, determine

which components of the selected

projects will be funded, and determine

the amount of funds available for each

proposal.

Applicants may be asked to modify

objectives, work plans, or budgets prior

to final approval of an award. The exact

amount of funds awarded, the final

scope of activities, the project duration,

and specific NOAA cooperative

involvement with the activities of each

project will be determined in pre-award

negotiations among the applicant, the

NOAA Grants Office, and the NOAA

Program staff. Projects should not be

initiated in expectation of Federal

funding until a notice of award

document is received from the NOAA

Grants Office.

Successful applicants generally will

be selected approximately 90 days after

the date of publication in the Federal

Register of this notice. The earliest date

for awards will be approximately 150

days after the date of publication in the

Federal Register of this notice, when all

NOAA/applicant negotiations of

cooperative activities have been

completed. Applicants should consider

this selection and processing time in

developing requested start dates for

their applications.

XV. Evaluation Criteria

Reviewers will assign scores to

proposals ranging from 0 (unacceptable)

to 100 (excellent) points based on the

following four evaluation criteria and

respective weights:

(1) Benefit to living marine resources

(25 percent)

NOAA is interested in funding

projects where benefits to living marine

resources can be realized. Therefore,

NOAA will evaluate proposals based on

the potential of the restoration project to

restore, protect, conserve, and create

habitats and ecosystems vital to selfsustaining populations of living marine

resources under NOAA Fisheries

stewardship. Locations where

restoration projects may have high

potential to benefit NOAA trust

resources include areas identified as

essential fish habitat (EFH) and areas

within EFH identified as Habitat Areas

of Particular Concern; areas identified as

critical habitat for listed marine and

anadromous species; areas identified as

important habitat for marine mammals;

areas located within National Marine

Sanctuaries or National Estuarine

Research Reserves; watersheds or such

other areas under conservation

management as special management

areas under state coastal management

programs; and other important

commercial or recreational marine fish

habitat, including degraded areas that

formerly were important habitat for

living marine resources.

(2) Technical Merit and Adequacy of

Implementation Plan (25 percent)

Proposals will be evaluated on the

technical feasibility of the project from

both biological and engineering

perspectives, and on the qualifications

and past experience of the project

leaders and/or partners in designing,

implementing and effectively managing

and overseeing projects. Communities

and/or organizations developing their

first locally driven restoration project

may not be able to document past

experience and, therefore, will be

evaluated on the basis of their potential

to effectively manage and oversee all

project phases and on the availability of

NOAA or other technical expertise to

guide the project to a successful

completion. Proposals will also be

evaluated on their ability to (a) deliver

the restoration objective stated in the

proposal; (b) provide educational

benefits; (c) demonstrate that the

restoration activity will be sustainable

and long-lasting; and (d) provide

assurance that implementation of the

project will meet all Federal and state

environmental laws by obtaining or

proceeding to obtain applicable permits

and consultations.

(3) Community Commitment and

Partnership Development (25 percent)

Proposals will be evaluated on the

depth and breadth of the community’s

support. Projects must incorporate

significant community involvement,

which may include: (a) hands-on

training and restoration activities

undertaken by volunteer students,

qualified youth conservation or service

corps, or other citizens; (b) input from

local entities, such as businesses,

conservation organizations, Minority

Serving Institutions, and others, either

through in-kind goods and services

(earth moving, technical expertise,

easements) or cash contributions; (c)

visibility within the community and

demonstrated potential for public

outreach; (d) cooperation with private

landowners who set an example within

the community for natural resource

conservation; (e) support by state and

local governments; (f) representation of

those within the community who have

an interest in or are affected by the

project and seek the benefits of the

restoration; (g) ability to achieve longterm stewardship for restored resources

and to generate a community

conservation ethic; and/or (h)

demonstration by the applicant that the

project is incorporated into a regional or

community planning process or

otherwise assure that all residents or

citizens affected by the project are

provided an opportunity to participate.

(4) Cost-effectiveness and Budget

Justification (25 percent)

Projects will be evaluated on (a) their

ability to demonstrate that a significant

benefit will be generated for reasonable

cost; (b) the extent of habitat and degree

to which it will be restored; (c) NOAA’s

ability to act as a catalyst to implement

the project, i.e. whether the proposed

activity is more likely to occur or will

occur more quickly or efficiently with

NOAA involvement; (d) the percentage

of funds that will be used for physical,

on-the-ground restoration versus

salaries, administration and overhead;

and (e) the demonstration of partnership

and collaboration as reflected in the

budget detail. NOAA will expect costsharing to leverage funding and to

encourage partnerships among

government, industry, and academia, to

address the needs of communities and

to restore important fisheries habitat.

XVI. Funding Ranges

The NOAA Restoration Center

anticipates that typical project awards

will range from $25,000 to $75,000;

NOAA will not accept proposals under

$10,000 or proposals over $120,000 in

this solicitation. The number of awards

to be made in FY 2000 will depend on

the number of eligible applications

received, the amount of funds requested

by applicants, and the rating and

ranking of the proposals. The exact

amount of funds awarded to a project

will be determined in pre-award

negotiations between the applicant and

NOAA representatives. Funds awarded

cannot necessarily pay for all the costs

that the recipient might incur in the

course of carrying out the project.

Allowable costs are determined by

reference to the Office of Management

and Budget Circulars A–122, ‘‘Cost

Principles for Non-profit

Organizations’’; A–21, ‘‘Cost Principles

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices 26185

for Education Institutions’’; and A–87,

‘‘Cost Principles for State, Local and

Indian Tribal Governments.’’ Generally,

costs that are allowable include salaries,

equipment, supplies, and training, as

long as these are ‘‘necessary and

reasonable.’’ However, in order to

encourage on-the-ground restoration, if

funding for salaries is requested, at least

75 percent of the total salary request

must be used to support staff

accomplishing the restoration work.

XVII. Other Requirements

Federal Policies and Procedures

Recipients and subrecipients are

subject to all Federal laws and Federal

and DOC policies, regulations, and

procedures application to Federal

financial assistance awards.

Past Performance

Any first-time applicant for Federal

grant funds under this announcement is

subject to a pre-award accounting

survey prior to execution of the award.

Unsatisfactory performance under prior

Federal awards may result in an

application not being considered for

funding.

Pre-award Activities

If applicants incur any costs prior to

an award being made, they do so solely

at their own risk of not being

reimbursed by the Government.

Notwithstanding any verbal or written

assurance that they may have received,

there is no obligation on the part of

NOAA to cover pre-award costs.

No Obligation of Future Funding

If an application is selected for

funding, DOC has no obligation to

provide any additional future funding in

connection with the award. Renewal of

an award to increase funding or extend

the period of performance is at the total

discretion of the Restoration Center

Director.

Delinquent Federal Debts

No award of Federal funds shall be

made to an applicant or to its

subrecipients who have any outstanding

delinquent Federal debt or fine until–

1. The delinquent account is paid in

full;

2. A negotiated repayment schedule is

established, and, at least, one payment

is received; or

3. Other arrangements satisfactory to

Commerce are made.

Name Check Review

All non-profit and for-profit

applicants are subject to a name check

review process. Name checks are

intended to reveal whether key

individuals associated with the

applicant have been convicted of, or are

presently facing, such criminal charges

as fraud, theft, perjury, or other matters

that significantly reflect on the

applicant’s management, honesty, or

financial integrity. Potential non-profit

and for-profit recipients may also be

subject to reviews of Dun and Bradstreet

data or other similar credit checks.

Primary Applicant Certifications

All primary applicants must submit a

completed Form CD 511, ‘‘Certifications

Regarding Debarment, Suspension and

Other Responsibility Matters; Drug-Free

Workplace Requirements and

Lobbying,’’ and the following

explanations are hereby provided:

1. Nonprocurement debarment and

suspension. Prospective participants (as

defined at 15 CFR 26.105) are subject to

15 CFR part 26, ‘‘Nonprocurement

Debarment and Suspension,’’ and the

related section of the certification form

prescribed earlier applies;

2. Drug-free workplace. Grantees (as

defined at 15 CFR 26.605) are subject to

15 CFR 26, subpart F, ‘‘Government-side

Requirements for Drug-Free Workplace

(Grants),’’ and the related section of the

certification form prescribed earlier

applies; also please enter the Principal

Place of Performance, that is, where the

work will be done.

3. Anti-Lobbying. Persons (as defined

at 15 CFR 28.105) are subject to the

lobbying provision of 31 U.S.C. 1352,

‘‘Limitation on use of appropriated

funds to influence certain Federal

contracting and financial transactions,’’

and the lobbying section of the

certification form prescribed above

applies to applications/bids for grants,

cooperative agreements, contracts for

more than $100,000, and loans and loan

guarantees for more than $150,000.

4. Anti-Lobbying Disclosures. Any

applicant who has paid or will pay for

lobbying using any funds must submit

a Form SF-LLL, ‘‘Disclosure Form to

Report Lobbying,’’ as required under 15

CFR part 28, appendix B.

Lower Tier Certifications

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD 512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion-Lower Tier

Covered Transactions and Lobbying’’

and disclosure Form SF-LLL submitted

by any tier recipient or subrecipient

should be submitted to DOC in

accordance with the instructions

contained in the award document.

False Statements

A false statement on the application is

grounds for denial or termination of

funds and grounds for possible

punishment by a fine or imprisonment

as provided in 18 U.S.C. 1001.

Intergovernmental Review

Applications under this program are

subject to the provisions of E.O. 12372,

‘‘Intergovernmental Review of Federal

Programs.’’

American-made Equipment and

Products

Applicants are hereby notified that

they are encouraged, to the extent

feasible, to purchase American-made

equipment and products with funding

provided under this program.

Classification

Prior notice and an opportunity for

public comments are not required by the

Administrative Procedure Act or by any

other law for this notice concerning

grants, benefits, and contracts.

Furthermore, a regulatory flexibility

analysis is not required for the purposes

of the Regulatory Flexibility Act.

This action has been determined to be

‘‘not significant’’ for purposes of E.O.

12866.

This notice contains collections of

information subject to the Paperwork

Reduction Act, which have been

approved by OMB under OMB control

numbers 0348–0040, 0348–0043, 0348–

0044, and 0348–0046.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a collection of information

subject to the requirements of the

Paperwork Reduction Act unless that

collection of information displays a

currently valid OMB control number.

Dated: May 1, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–11284 Filed 5–4–00; 8:45 am]

BILLING CODE 3510–22–F