[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Notices]
[Pages 26181-26185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No.000411102-0102-01; I.D. 030800B]
RIN 0648-ZA85


Financial Assistance for Community-Based Habitat Restoration 
Projects

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of funds.

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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, non-governmental 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 <a href="/cdn-cgi/l/email-protection#bffcd7cdd6cc91fbd0d3dac6ffd1d0dede91d8d0c9"><span class="__cf_email__" data-cfemail="2063485249530e644f4c4559604e4f41410e474f56">[email protected]</span></a>.

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)

[[Page 26182]]

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 cost-sharing 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 post-construction 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

[[Page 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-the-
ground 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-the-ground habitat restoration 
projects must involve community outreach and monitoring to assess 
project success, and may involve limited pre-implementation 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.

[[Page 26184]]

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 self-
sustaining 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 long-term 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 
cost-sharing 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

[[Page 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


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