55816 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

Dated: September 19, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I 

List of Issues 

Comment 1: Surrogate Value for Steam Coal. 

Comment 2: Surrogate Value for Acetic Acid. 

Comment 3: Surrogate Value for Ammonia. 

Comment 4: Surrogate Financial Ratios. 

Comment 5: Surrogate Value for Chlorine. 

Comment 6: Surrogate Value for Truck 

Freight. 

[FR Doc. E8–22714 Filed 9–25–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 0808271163; RIN 0648–ZA70] 

NOAA Community-based Restoration 

Program Guidelines 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: On August 24, 2005 NOAA 

published a notice in the Federal 

Register that announced revisions to 

guidelines for the Community-based 

Restoration Program (Program). The 

notice requested public comment on 

proposed updates to the guidelines that 

describe how the Program is 

implemented, and notified the public 

about a constituent feedback meeting 

that was scheduled for September 13, 

2005 in Washington DC. This notice 

makes minor changes to the previously 

published guidelines and responds 

generally to the comments received, 

summarizes the constituent feedback 

meeting in Washington, D.C., and 

highlights specific authorization for the 

Program established in the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act of 

2006. NOAA expects to periodically 

update these guidelines every 3 to 5 

years to reflect the evolution of the 

Program. This is not a solicitation of 

project proposals. 

FOR FURTHER INFORMATION CONTACT: 

Robin Bruckner, (301) 713–0174, or by 

e-mail at Robin.Bruckner@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

NOAA Community-based Restoration 

Program (Program) was established in 

1996. Proposed Guidelines for the 

Program were first published in the 

Federal Register on October 1, 1999 (64 

FR 53339). In that document, comments 

were sought on modifications to the 

Program that would allow greater 

flexibility to support community-based 

habitat restoration projects. Final 

Program Guidelines, including 

responses to comments, were published 

on March 30, 2000 (65 FR 16890). In the 

time since the original guidelines were 

issued, the Program has: experienced an 

increase in base funding; emphasized 

certain techniques through targeted 

initiatives, such as fish passage and 

marine debris prevention and removal, 

to expand benefits to aquatic resources; 

undertaken projects in new geographic 

locations; increased its focus on 

ecosystem-based approaches to 

management; and generally has 

implemented increased numbers of 

locally initiated, grass-roots habitat 

restoration projects through 

partnerships at the local, regional and 

national levels. The Program is now 

specifically authorized through the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 on January 

12, 2007. The NOAA Restoration Center 

(Restoration Center) within NMFS is 

issuing revised Program guidelines, 

which include measures that are in 

place or planned to enable the Program 

to demonstrate increased accountability 

for the expenditure of public dollars. 

Responses to Comments 

The Program received comments from 

three entities during the comment 

period (August 24, 2005 through 

October 11, 2005). A private individual, 

Trout Unlimited, and the Massachusetts 

Division of Marine Fisheries submitted 

comments. Comments are summarized 

below, by commenter, with responses. 

Comment 1: The first commenter 

noted the Program had reached $13 

million in appropriations and inquired 

about the Program’s accomplishments in 

2004. Specifically, the commenter 

requested names and locations of 

projects, the amount of money spent, 

and what was accomplished (e.g. acres 

restored). 

Response: Project-specific information 

is made available to the public via the 

‘‘Funded Projects’’ section of the 

Restoration Center website at: http:// 

seahorse2.nmfs.noaa.gov/hcrcdblapp/ 

class/. Projects can be viewed by 

location, habitat type, or partnership. 

Project names, locations, funding 

recipients, award amounts and year 

awarded, project partners and contacts, 

and a summary of each project’s goals, 

objectives and results can be found 

there. 

Comment 2: Trout Unlimited offered 

full support for the proposed Program 

changes, and emphasized the most 

beneficial changes. These included: (1) 

the requirement for project partners to 

provide detailed project information for 

the Restoration Center database; (2) the 

requirement for science-based 

monitoring where appropriate as 

supported by the Estuaries and Clean 

Waters Act of 2000; (3) consideration of 

habitat restoration in the Great Lakes 

region; and (4) the increase of upper and 

lower funding ranges for financial 

assistance for projects. 

Response: NOAA agrees with the 

commenter that the proposed changes: 

(1) are essential to evaluate progress of 

work funded by the Program; (2) 

represent a long-term commitment of 

the Program to measure project 

outcomes such as improvements in 

habitat productivity and fish 

populations; (3) represent a reasonable 

direction for the Program expansion 

(into the Great Lakes, dependant on 

Congressional appropriations) given 

NOAA’s traditional responsibilities for 

habitat restoration in large aquatic 

systems; and (4) increases efficiency and 

cost-effectiveness of the Program. 

Regarding the fourth point, since small 

projects often require the same level of 

NOAA staff support to ensure 

environmental compliance as do larger 

projects, they have become less costeffective. NOAA agrees with the 

commenter that national and regional 

partnerships can provide smaller 

awards more cost-effectively as part of 

larger, more comprehensive restoration 

activities. 

Comment 3: The Massachusetts 

Division of Marine Fisheries (MADMF) 

was generally very supportive of the 

goals and efforts of programs within 

NOAA Fisheries Office of Habitat 

Conservation, and offered specific 

comments in the context of improving 

federal-state communication and project 

execution. The commenter: (1) 

requested clarification of state-federal 

interactions to ensure the objectives of 

the Program are consistent with existing 

state authority and objectives for 

anadromous and marine fisheries 

resources; (2) requested a process that 

would allow the state to provide 

technical comments and approval on 

project proposals and designs, and 

suggested that NOAA require support 

letters from the state agency with 

responsibility over the target resources; 

(3) suggested that formal partnerships 

between NOAA and state agencies be 

established to provide a streamlined and 

dedicated annual funding source for 

ongoing state programs that routinely 

address priority anadromous fish 

restoration projects; and (4) suggested 

that improvements were needed in the 

coordination between the Program and 


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state agencies that hold the statutory 

authority to manage the [target] 

resources, so as to avoid a duplication 

of effort, with a recommendation to 

increase funding to assist state efforts 

rather than cultivating federal expertise. 

Response: (1) NOAA’s Communitybased Restoration Program has provided 

financial and technical assistance for 

on-the-ground habitat restoration 

projects in 26 states, Canada, the 

Caribbean and the Pacific Islands to 

benefit marine and coastal resources 

and anadromous fish. The Restoration 

Center has technical staff in 20 locations 

around the Unites States that ensure 

NOAA-funded habitat restoration 

projects are consistent with existing 

state authority and objectives for coastal 

and marine fisheries resources. Program 

staff makes a point to ensure early and 

continuous coordination with other 

federal and state agencies. (2) Since 

inception of the Program, Notices of 

Funding Availability (NOFA) and 

Federal Funding Opportunities (FFO) 

have stressed the importance of letters 

of support. A complete application for 

a NOAA habitat restoration grant should 

include letters of support. Applicants 

are evaluated based in part on the 

commitment from the appropriate 

resource agency personnel that indicates 

that an agency has reviewed and 

supports the final proposal. (3) NOAA 

requires that discretionary funding be 

provided through fair and open 

competition. Competition ensures that 

projects are of the highest quality and 

offer significant ecological benefits. The 

Program announces competitive 

financial assistance annually through 

NOAA’s Omnibus Federal Register 

Notice and www.grants.gov process, as 

well as through numerous national and 

regional habitat restoration 

partnerships. State agencies are eligible 

to compete for this funding and have 

equal opportunity to apply for support 

for individual projects as well as for 

larger partnership awards that are 

offered every 3 years. (4) In response to 

comments, the Program expanded its 

effort to involve MADMF in the review 

and oversight of the Program’s 

anadromous fish restoration projects 

through the NMFS Northeast Regional 

Office in Gloucester, Massachusetts. The 

Program also sent a letter to the Director 

of the MADMF in April 2006 and 

proposed a meeting to discuss 

communication and opportunities to 

enhance coordination on habitat 

restoration policies, priorities and 

projects. NOAA recognizes that local 

project proponents do not always have 

the full suite of technical and project 

management skills to design, permit and 

implement a project. A cornerstone of 

the Program is its ability to provide 

technical assistance around the country 

for a wide range of habitat restoration 

activities, including assistance for 

projects that provide fish passage and 

habitat improvements for anadromous 

fish. 

Constituent Feedback 

On September 13, 2005, the 

Restoration Center held its first national 

stakeholder meeting on the Program in 

Washington, D.C. The meeting provided 

an open forum for public feedback on 

the Program and it was attended by 25 

partner organizations from around the 

country. NOAA facilitators guided 

discussions around the following topic 

areas: revised program guidelines, 

technical assistance, restoration 

bottlenecks, and future programmatic 

priorities. The Program responded to 

this constituent feedback by publishing 

‘‘NOAA’s Community-based Restoration 

Program Stakeholder Meeting, Summary 

Report September 13, 2005, 

Washington, D.C.’’ This report is 

available upon request (see FOR FURTHER

INFORMATION CONTACT), and is organized 

into six thematic sections: Research and 

Monitoring, Regional Planning and 

Prioritization, Technical Assistance 

Needs, Funding and Program Growth, 

Interagency Coordinator/Permitting, and 

Outreach and Education. 

NOAA Community-based Restoration 

Program Guidelines 

Background 

This document replaces previous 

guidelines and describes the Program’s 

implementation for FY 2009 and 

beyond. The comments and stakeholder 

meeting feedback have been considered 

and minor modifications to the Program 

guidelines are provided herein. The 

Program was recognized in the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 as an 

important means to implement and 

support the restoration of fishery and 

coastal habitats. 

Coastal areas contain the Nation’s 

most diverse, valuable and at-risk 

habitats, which support 90% of oceandependent commercial and sport fish 

species, generate billions of recreation 

and tourism dollars annually, and 

protect coastal communities from 

storms, floods and other hazards. U.S. 

coastal wetlands reduce the damaging 

effects of hurricanes and other storms 

on coastal communities, providing more 

than $23 billion in annual storm 

protection services to cities and regions 

most vulnerable to hurricane and 

tropical storm surges. Recreational 

fishing is estimated to contribute 

between $10 billion and $26 billion 

each year. 

Degradation and loss of coastal and 

marine habitats threaten the long-term 

sustainability of the nation’s fishery 

resources and the safety and economies 

of coastal communities. Protecting 

existing, undamaged habitat is a priority 

and should be combined with coastal 

habitat restoration to enhance the 

functionality of degraded habitat. 

Restored coastal habitat will help 

rebuild fisheries stocks and recover 

threatened and endangered species. 

Restoring marine and coastal habitats 

will help protect and revitalize coastal 

communities and ensure that valuable 

natural resources will be available to 

future generations of Americans. 

Program Overview 

NOAA initiated a Community-based 

Restoration Program (Program) in 1996 

under general authorities within the 

Fish and Wildlife Coordination Act. The 

Program received specific authorization 

in the Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 on January 

12, 2007. The Program implements and 

supports the restoration of fishery and 

coastal habitats by providing Federal 

financial and technical assistance to 

encourage locally led coastal and 

marine habitat restoration, and to 

promote stewardship and conservation 

values for NOAA trust resources. The 

Program is a systematic national effort 

to foster partnerships at the national, 

regional and local level to implement 

sound habitat restoration. Partnerships 

are forged between government, not-forprofit organizations, community groups, 

recreational and commercial fishing 

organizations, students and educational 

institutions, businesses, youth 

conservation corps and private 

landowners. Under the Program, 

partners may contribute funding, land, 

technical assistance, workforce support 

or other in-kind services; promote local 

participation in habitat restoration 

activities; undertake research and 

monitoring to evaluate and improve 

project success; and facilitate 

stewardship for restored resources at the 

local level. To date, the Program has 

funded more than 1400 communitybased habitat restoration projects in 27 

states, Washington D.C., Canada, and 

the Caribbean. These projects have 

engaged 132,000 volunteers that have 

contributed 840,000 hours toward the 

restoration of over 33,000 acres of 

habitat and the opening of 1400 miles of 

rivers and streams for aquatic 

organisms. 


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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.noaa.gov/habitat/restoration. 

Project-specific information is linked off 

the Restoration Center database (RCDB) 

launched in 2001 to track habitat acres 

created, established, rehabilitated, 

enhanced or protected; stream miles 

made accessible to diadromous fish; 

volunteer or community participation 

hours; restoration techniques used; 

habitat types and species benefited; and 

other parameters for Restoration Center 

supported projects. The database has 

increased NOAA staff efficiency and 

allows the Restoration Center to respond 

quickly and accurately to Congressional, 

Administrative and constituent 

inquiries, such as those on Program 

performance measures, through 

reporting features that can calculate the 

acreage or stream miles restored by all 

projects completed in any particular 

year, for example. Subsequent 

enhancements to the database include 

additional fields related to 

environmental compliance, display and 

collection of project locations through a 

Geographic Information System (GIS) 

based mapping application, and revised 

parameters to facilitate data-sharing 

with the National Estuaries Restoration 

Inventory. 

Overview of Changes to the Program 

Since the Program began, 

Congressional appropriations have 

increased from $250,000 in 1999 to a 

high of $13.7 million in 2005. To 

effectively manage this growth, to 

provide better service to constituents, 

and to accurately report on the 

Program’s accomplishments, the 

Restoration Center has changed some of 

its practices and implemented a number 

of tools to increase efficiency and 

accountability. 

To evaluate the progress of the work 

proposed under Program awards, to 

determine whether projects were 

successfully completed, and to facilitate 

population of the database with projectspecific information, the Restoration 

Center sought and received approval in 

2004 from the Office of Management 

and Budget (OMB) to collect detailed 

project information from grantees. This 

information, such as restoration 

techniques used, species benefitted, 

geographic coordinates of project sites, 

and monitoring and outreach 

information, is now typically required 

as part of semi-annual progress 

reporting. The Restoration Center 

received renewed approval from OMB, 

under the Paperwork Reduction Act, to 

continue collecting this information 

through May 2009. 

The Restoration Center has also begun 

typically requiring science-based 

monitoring of restoration projects, 

where appropriate, in an effort to 

improve on-the-ground restoration 

efforts and increase Program 

effectiveness. Applicants requesting 

funding to implement on-the-ground 

habitat restoration projects that will 

result in structural or functional habitat 

changes should have clearly identified 

goals (broad in scope) and specific, 

measurable objectives. Evaluating these 

objectives to ensure a basic assessment 

of project success generally requires 

monitoring, during the project period, of 

at least one structural and one 

functional parameter, as supported by 

Title I of the Estuaries and Clean Waters 

Act of 2000 (Pub. L. 106–457). 

Assistance in refining the objectives 

and/or selecting appropriate parameters 

is available from Program staff, as well 

as from a new online Restoration 

Monitoring Planner available at http:// 

www.habitat.noaa.gov/restoration/rmp. 

The NOAA Restoration Monitoring 

Planner guides restoration practitioners 

through the basic steps of developing a 

science-based monitoring plan, 

including hypothesis testing and 

assessment of a habitat’s structure and 

function. A fact sheet with examples of 

structural and functional monitoring 

parameters is also available. 

In conjunction with science-based 

monitoring, the Program is beginning to 

assess and monitor the socio-economic 

benefits, aka human dimensions, of 

habitat restoration. A 2006 pilot study 

indicated that most individuals who 

engage in the Program’s projects already 

possess a strong stewardship ethic. In 

future studies, the Program expects to 

learn more about the impact of such 

projects on individuals who are less 

environmentally aware. A separate 

human dimensions research area is 

establishing an economic baseline 

against which the economic benefits of 

habitat restoration over the long term 

can be measured. Using the results of 

these studies and others, the Program 

will finalize monitoring guidelines 

which will enable effective 

documentation of the socio-economic 

benefits of habitat restoration. 

Both the Restoration Center Database 

and implementation of minimum 

monitoring requirements support 

NOAA’s strategic plan, specifically 

NOAA’s Ecosystems mission support 

goal to ‘‘Protect, Restore, and Manage 

Use of Coastal and Ocean Resources 

through Ecosystem-Based 

Management’’, and allow better project 

tracking and evaluation of performance 

measures. Revision of habitat-related 

and other relevant performance 

measures in coordination with all major 

NOAA programs involved with habitat 

restoration is ongoing through NOAA’s 

Habitat Program. 

Program Goals and Objectives 

According to the Magnuson-Stevens 

Fishery Conservation and Management 

Reauthorization Act of 2006, the goals 

and objectives that have defined the 

Program to date have not changed. 

These include: 

• Provide funding and technical 

expertise to fishery and coastal 

communities to assist them in restoring 

fishery and coastal habitat; 

• Advance the science and 

monitoring of coastal habitat restoration; 

• Transfer restoration technologies to 

the private sector, the public, and other 

governmental agencies; 

• Develop public-private partnerships 

to accomplish sound coastal restoration 

projects; 

• Promote significant community 

support and volunteer Participation in 

fishery and coastal habitat restoration; 

• Promote stewardship of fishery and 

coastal habitats; and 

• Leverage resources through 

national, regional, and local publicprivate partnerships. 

The Restoration Center uses 

cooperative agreements as a primary 

funding mechanism to accomplish 

habitat restoration. The Program will 

continue to award cooperative 

agreements based on a competitive, 

technical review process, whenever 

possible, to maximize opportunities for 

public access to Program resources. 

Partnerships with citizen groups, public 

and not-for-profit organizations, 

industry, corporations and businesses, 

youth conservation corps, students, 

landowners, and local government, and 

state and Federal agencies are supported 

through the provision of Federal 

financial and technical assistance. 

Cooperative agreements are awarded at 

two distinct levels individual (or direct) 

project funding and Restoration 

Partnerships. 

Direct project funding is typically 

announced annually in NOAA’s 

Omnibus Federal Register Notice. 

Direct project funding focuses on 

partnerships at the local level, providing 

awards to support individual habitat 

restoration projects, barrier removal 

projects, or marine debris prevention 

and removal projects, or a bundle of 

well developed, typically related 

projects, for up to 24 months. Specific 

information on these federal funding 

opportunities, including application 


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requirements, eligibility, program 

priorities and other application 

submission requirements are posted on 

www.grants.gov as they are made 

available. 

National and Regional Habitat 

Restoration Partnership funding is 

announced every 3 years through the 

NOAA Omnibus Federal Register 

Notice. Partnership awards are up to 36 

months in duration, are usually larger 

than project awards, and specific 

projects are often not identified at the 

time of application. Partnership 

applications outline the concept and 

focus of habitat restoration activities 

and detail the mechanism under which 

individual projects will be identified 

and subsequently funded as subawards 

through the partner organization. 

Partner organizations assume the 

administrative responsibilities for 

subawards, such as letting contracts and 

managing progress and financial reports. 

This allows NOAA staff to focus on 

assisting with project implementation. 

The next solicitation for partnership 

applications is expected to be 

announced in summer 2009 for FY2010 

funding. 

For the first time, the partnership 

review (for FY 2007–2009 funding 

consideration) was conducted as a two 

tier review process with both technical 

mail reviews followed by a panel 

review, which proved successful. The 

Restoration Center is likely to adopt this 

method of review for future partnership 

rounds, and may opt to use it for future 

project decision-making. 

Partners help identify and secure 

additional funding, land, technical 

assistance, workforce support or other 

in-kind services to enable citizens to 

improve locally important habitats that 

sustain living marine and coastal 

resources. Projects are most often 

implemented in coastal and nearshore 

marine and estuarine environments and 

in riverine environments that support 

diadromous fish; expansion of the 

Program to the Great Lakes is being 

considered, and will be dependent on 

the NOAA Habitat Program’s goals and 

Congressional appropriations made for 

this purpose. It is anticipated that any 

projects supported in the Great Lakes 

region will fall under these Program 

guidelines. 

The Program places emphasis on 

habitat restoration projects with strong 

community support and recognizes the 

significant role that communities can 

play in habitat restoration and 

protection. Projects that incorporate 

citizens’ ‘‘hands-on’’ involvement in 

project implementation, monitoring, or 

outreach and education are preferred. 

The role of NOAA in the Program is to 

strengthen the development and 

implementation of sound restoration 

projects. NOAA staff will continue to 

provide guidance and technical 

expertise on permitting, environmental 

compliance, engineering and design, 

and similar aspects required for project 

implementation. 

NOAA seeks applications that 

demonstrate collaboration among 

entities such as nonprofit organizations, 

citizen groups, industry, youth 

conservation corps, students, 

landowners, academics, local 

government, and state, and federal 

agencies to implement habitat 

restoration activities. Project outcomes 

should include a net gain in habitat 

acres restored or stream miles reestablished for diadromous fish passage. 

Successful applicants will typically be 

expected to document volunteer 

involvement and a maximization of 

project partnerships through leverage. 

Eligibility requirements will be detailed 

in annual solicitations published in the 

Federal Register. 

The Restoration Center is also 

exploring the feasibility of working 

more collaboratively with other federal 

agencies by developing joint interagency 

solicitation for applications. This would 

enable project proponents to submit a 

single application for consideration by 

multiple federal agencies, and would 

facilitate discussion amongst agencies 

on cooperative funding opportunities. It 

would also allow agencies to better 

leverage their respective financial and 

technical resources and help 

accomplish restoration in a more 

strategic fashion. Consolidation would 

be for the RFAs only; funding for 

recommended projects would need to be 

provided separately by the interested 

agency, as federal agencies have limited 

authority in most cases to transfer funds 

appropriated by Congress to another 

federal agency. 

Eligible Restoration Activities 

Restoration may include, but is not 

limited to, improvement of coastal 

wetland tidal exchange or 

reestablishment of historic hydrology; 

dam or berm removal; improvement or 

reestablishment of fish passage; reef/ 

substrate creation; establishment of 

riparian buffer zones and improvement 

of freshwater habitat features in 

watersheds that support diadromous 

fish; exclusionary fencing and planting; 

invasive species removal; planting of 

native coastal wetland and submerged 

aquatic vegetation; and enhancement of 

feeding, spawning and growth habitat 

essential to marine or diadromous fish, 

including degraded areas that 

historically were important habitat for 

living marine and coastal resources, and 

through the restoration of which would 

support these resources again. 

Program Priorities 

In general, NOAA seeks restoration 

project proposals that clearly 

demonstrate anticipated benefits to 

specific NOAA trust resource habitats; 

describe how these benefits will be 

achieved through the proposed 

restoration activities, and identify the 

range of species expected to benefit. 

NOAA trust resource habitats include 

but are not limited to, estuaries, salt 

marshes, seagrass beds, coral reefs, 

shellfish reefs, mangrove forests, and 

riparian habitat near rivers, streams and 

creeks used by diadromous fish. 

NOAA seeks to emphasize selection 

of restoration projects that address 

habitats whose regional condition is 

compromised due to loss, 

fragmentation, presence of invasive 

species, or loss of functionality. In 

addition, habitat restoration project 

proposals are evaluated based on their 

social and economic importance (e.g. 

benefits to essential fish habitat that 

supports commercial or recreational 

fishery resources, or improvements in 

aesthetic and stewardship value of 

NOAA trust resource habitats) within 

their region. Within a given habitat, 

priority is also typically given to project 

proposals that incorporate proven 

effective restoration techniques, address 

causes of habitat degradation/loss, and 

maximize cost-effectiveness. 

Since the inception of the Program, 

West Coast projects have focused 

primarily on restoration of salmonid 

freshwater habitats. To broaden the 

scope of funded projects in the Pacific 

Northwest and California, the Program 

will seek projects that benefit multiple 

species, including non-salmonid 

resources, and projects that emphasize 

restoration of marine and estuarine 

habitats. The Program expects to 

continue to support freshwater 

salmonid habitat restoration efforts. In 

addition, any salmonid project that 

would occur where NOAA species 

recovery planning efforts are underway 

should be consistent with those 

planning efforts. 

While the primary focus of the 

Program is to provide funding and 

technical expertise to support on-theground implementation of fishery 

habitat restoration projects that involve 

an outreach and/or volunteer 

component tied to the restoration 

activities, the Program recognizes that 

accomplishing restoration is a multifaceted effort involving project design, 

engineering services, permitting, shortterm baseline studies, construction, 


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oversight, monitoring, and education 

and outreach. In cases where on-theground funding for a project has been 

secured or is deemed likely, and/or 

community support for a restoration 

project is high, but pre-implementation 

funding to conduct feasibility studies or 

engineering and design is limiting a 

project’s forward progress, the Program 

will consider funding such preimplementation activities. Proposals 

emphasizing a singular component, 

such as only education or program 

coordination will be discouraged, as 

will applications that propose to expand 

an organization’s day-to-day activities, 

or that primarily seek support for 

administration, salaries, overhead, and 

travel. Because requests for habitat 

restoration funds historically exceed 

funds available, funding land purchase 

agreements, conservation easements, 

and large equipment purchases such as 

vehicles, boats and similar items will 

receive low priority. 

Although NOAA recognizes that 

water quality issues may impact habitat 

restoration efforts, this Program is 

intended to fund projects that target 

physical and/or biological habitat 

restoration rather than those that result 

in direct water chemistry improvements 

(i.e. 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 local, state or 

Federal law; (2) activities that constitute 

restoration for natural resource damages 

under Federal, state or local 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. 

Environmental Compliance 

It is the applicant’s responsibility to 

obtain all necessary Federal, state and 

local government permits and approvals 

for the proposed work. Applicants are 

expected to design their projects so that 

they minimize the potential for adverse 

impacts to the environment. NOAA 

must analyze the potential 

environmental impacts, as required by 

the National Environmental Policy Act 

(NEPA), for applications that seek 

NOAA funding. Proposals should 

provide enough detail for NOAA to 

make a NEPA determination. Successful 

applications cannot be forwarded to the 

NOAA Grants Management Division 

with recommendations for funding until 

NOAA completes necessary NEPA 

documentation. 

Consequently, as part of an 

applicant’s package, and under the 

description of proposed activities, 

applicants will be required to provide 

detailed information on the activities to 

be conducted, such as site locations, 

species and habitat(s) to be affected, 

possible construction activities, and any 

environmental concerns that may exist 

(e.g., the use of and/or disposal of 

hazardous or toxic substances, 

introduction of non-indigenous species, 

impacts to endangered and threatened 

species, impacts to coral reef systems, 

etc.). For partnerships, where projectspecific details may not be available at 

the time an award is made, partners 

must meet the same environmental 

compliance requirements on subsequent 

sub-awards. 

In addition to providing specific 

information that will serve as the basis 

for any required impact analyses, 

applicants may also be required to assist 

NOAA in drafting of an environmental 

assessment if NOAA determines an 

assessment is necessary and that one 

does not already exist for the activities 

proposed in the application. Applicants 

may also be required to cooperate with 

NOAA in identifying and implementing 

feasible measures to reduce or avoid any 

identified adverse environmental 

impacts of their proposal. The selecting 

official may decide, at the time of 

proposal review, to recommend funding 

a project in phases to enable an 

applicant to provide information needed 

for an environmental assessment, 

feasibility analysis or similar activity if 

a NEPA determination cannot be made 

for all activities in a particular 

application. The selecting official may 

also impose special award conditions 

that limit the use of funds for activities 

that have outstanding environmental 

compliance requirements. Special 

award conditions may also be imposed 

to ensure grantees consider and plan for 

the safety of volunteers, and provide 

appropriate credit for NOAA and other 

contributors, for example. 

Funding Sources and Dispersal 

Mechanisms 

The Restoration Center envisions 

funding projects through cooperative 

agreements and grants, contracts, joint 

project agreements, and intra- and 

interagency transfers, as appropriate. 

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 is anticipated 

between NOAA and the recipient during 

performance of the contemplated 

activity. 

A grant is similar to a cooperative 

agreement, except that in the case of 

grants, substantial involvement between 

NOAA and the recipient is not 

anticipated during the performance of 

the contemplated activity. Financial 

assistance is the transfer of money, 

property, services or anything of value 

to a recipient in order to accomplish a 

public purpose of support or 

stimulation that is authorized by 

Federal statute. 

A contract is a procurement 

instrument used when the primary 

purpose is to acquire goods or services 

for government use. Contracts may be 

used by the Program when NOAA 

directly implements priority restoration 

projects. 

The Secretary of Commerce has 

authority to enter into joint project 

agreements with not-for-profit, research, 

or public organizations on matters of 

mutual interest, the cost of which is 

equitably apportioned. The principal 

purpose of a joint project agreement 

under this Program is to engage in a 

collaborative and equitably apportioned 

effort with a qualified organization on 

matters of mutual interest. 

For purposes of this Program, 

interagency agreements are written 

documents that contain specific 

provisions of governing authorities, 

agency responsibilities, and funding. 

Such agreements are entered into 

between NOAA and a reimbursing 

Federal agency or between another 

Federal agency and NOAA when NOAA 

is the funding organization. Such 

agreements will also require the 

inclusion of a local sponsor for the 

restoration project. 

The instrument chosen will be based 

on such factors as degree of direct 

NOAA involvement with the project 

beyond the provision of financial 

assistance, the proportion of funds 

invested in the project by NOAA and 

the other organizations, and the 

efficiency of the different mechanisms 

to achieve the Program’s goals and 

objectives. The Restoration Center will 

determine which method is the most 

appropriate based on the specific 

circumstances of each project. 

NOAA reserves the right to fund 

individual projects directly, or through 

partnership arrangements. The Program 

will continue to create partnership 

arrangements at the national and 

regional level with organizations that 

have similar goals for improving 

fisheries habitat. Partnerships are a key 

element that allows the Restoration 

Center to significantly leverage the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 55821 

funding available for on-the-ground 

restoration. Partnerships also encourage 

sharing and distribution of technical 

expertise; they often improve 

coordination between diverse 

organizations with common goals, and 

they allow NOAA to reach larger and 

more diverse communities that have 

vested interests in fishery habitat 

restoration. 

The Restoration Center will function 

in a clearinghouse capacity to help 

develop and link high quality habitat 

restoration proposals with other 

potential funding sources whose 

evaluation criteria contain similar 

specifications for habitat enhancement. 

This will provide greater exposure for 

project ideas and increase the chances 

for project proponents to secure 

funding. 

Each year, the Restoration Center 

Director will determine the proportion 

of Program funds that will be allocated 

to National and Regional Habitat 

Restoration Partnerships and the 

proportion available for direct project 

funding. The proportion will be 

established annually and may depend 

upon the amount of funds available 

from partnership organizations to 

leverage NOAA dollars and the ability 

of partners to help NOAA fund a broad 

array of projects over a wide geographic 

distribution. A synopsis of the 

partnership and/or project funding 

opportunity will be published in 

NOAA’s Omnibus Federal Register 

Notice, typically in the summer prior to 

the fiscal year funding is expected to be 

available. Potential applicants will be 

directed to additional information 

contained in any Federal Funding 

Opportunity (FFO) announced on 

www.grants.gov. FFO’s will contain a 

Funding Opportunity Description, 

Award Information, Eligibility 

Information, Application and 

Submission Information, Application 

Review and Selection Information, 

Award Administration Information, 

Administrative and National 

Environmental Policy Act 

Requirements, Agency Contacts, and 

other information for potential 

applicants. 

The public should note that since 

publication of the initial Program 

Guidelines in 2000, NOAA has adopted 

five standard evaluation criteria for all 

its competitive grant programs, as 

follows: (1) Importance and 

Applicability of Proposal -This criterion 

ascertains whether there is intrinsic 

value in the proposed work and/or 

relevance to NOAA, federal, regional, 

state or local activities; (2) Technical/ 

Scientific Merit B This criterion assesses 

whether the approach is technically 

sound and/or innovative, if the methods 

are appropriate, and whether there are 

clear project goals and objectives; (3) 

Overall Qualifications of Applicants B 

This criterion ascertains whether the 

applicant possesses the necessary 

education, experience, training, 

facilities, and administrative resources 

to accomplish the project; (4) Project 

Costs - This criterion evaluates the 

budget to determine if it is realistic and 

commensurate with the project needs 

and time-frame; and (5) Outreach, 

Education, and Community 

Involvement - NOAA assesses whether 

the project provides a focused and 

effective education and outreach 

strategy regarding NOAA’s mission. 

Information on how these criteria are 

specifically applied in the context of 

Community-based Restoration Program 

application evaluation are described 

each year in the FFO, available on 

www.grants.gov. 

Funding Ranges 

In 2008, the Restoration Center 

accepted habitat proposals requesting 

between $30,000 and $250,000; marine 

debris prevention and removal 

proposals between $15,000 and 

$250,000, and Open Rivers Initiative 

proposals for barrier removals between 

$30,000 and $1,000,000. This represents 

an increase in upper and lower funding 

ranges for projects from earlier Program 

guidelines. Typical restoration project 

awards range from $50,000 to $300,000. 

Funding at levels below $15,000 is 

typically no longer cost-effective due to 

increasing operational costs necessary to 

ensure environmental compliance and 

administer awards; funding fewer 

projects at higher dollar amounts has 

also led to increases in Program 

efficiency. 

Awards for establishing multi-year, 

National and Regional Habitat 

Restoration Partnerships, under which 

individual project subawards will be 

jointly reviewed and prioritized for 

funding, are anticipated to range 

between $100,000 and $4.0 million, 

with that range of funding anticipated to 

be provided to successful partnerships 

annually during a partnership’s 

duration. Subsequent allocation of 

funding during the multi-year award 

period will be dependent on the 

satisfactory performance of the partner 

organization. 

Project and Partnership solicitations 

(FFO’s) will contain information on 

funding ranges, the weighting of 

NOAA’s standard evaluation criteria, 

and additional factors that may be used 

by the selecting official to recommend a 

slate of projects to the Grants 

Management Division to receive awards. 

The number of awards and funding 

ranges to be made in FY 2007 and 

beyond will depend on the amount of 

funds appropriated to the Program 

annually by Congress. 

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. 

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 historic spawning 

grounds. 

Invasive Plant Removal 

A coalition of volunteer groups called 

‘‘Pepper Busters’’ worked to remove 

exotic Brazilian pepper plants and 

replant native shoreline vegetation. 

Salt Marsh Restoration 

An undersized culvert was replaced 

to increase the mean high water level in 

the restricted portion of a marsh and 

restore tidal flushing to 20 acres of salt 

marsh. 

Oyster Reef Restoration 

Oyster reef habitat was increased by 

reconstructing historic reefs and seeding 

them with hatchery-produced seed 

oysters grown in floating cages by 

students. 

Submerged Aquatic Vegetation 

Restoration 

An evaluation of the feasibility of 

using volunteer divers to restore 

seagrass was developed. A protocol was 

created to train volunteers in water 

quality monitoring and seagrass 

transplantation techniques. 

Kelp Forest Restoration 

Community dive groups were trained 

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 

An innovative wetland nursery 

program was implemented in local high 

schools, where science and ecology 

classes build wetland nurseries on 

campus to grow salt marsh grasses for 

local restoration efforts. 


jlentini on PROD1PC65 with NOTICES
55822 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

Derelict Fishing Gear Removal 

A pilot project consisted of 

developing protocols and conducting 

initial removal efforts. After surveying, 

locating, and mapping derelict fishing 

gear, a minimum of 11 tons of lost and 

abandoned fishing gear was removed by 

licensed and certified divers. 

Nuisance Dam Removal 

Two small stone dams blocked fish 

migration, and degraded water quality 

and prey habitat conditions for 

anadromous fish. The dams, while only 

several feet high, also presented a public 

safety hazard. This project resulted in 

opening stream habitat to anadromous 

fish, restoring acres of tidal wetlands, 

and removal of a public safety hazard. 

Riparian Habitat Restoration 

Youth corps members were trained in 

the use of biorestoration and 

stabilization techniques to restore 

eroding riverbanks and improve habitat 

for salmon smolt and other fish species. 

Diadromous 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. 

Dated: September 22, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–22708 Filed 9–25–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Technical Information Service 

National Technical Information Service 

Advisory Board 

AGENCY: National Technical Information 

Service, Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces the 

next meeting of the National Technical 

Information Service Advisory Board (the 

Advisory Board), which advises the 

Secretary of Commerce and the Director 

of the National Technical Information 

Service (NTIS) on policies and 

operations of the Service. 

DATES: The Advisory Board will meet on 

Thursday, October 30, 2008 from 10 

a.m. to approximately 5 p.m. and again 

on Friday, October 31, 2008 from 9 a.m. 

to approximately 1 p.m. 

ADDRESSES: The Advisory Board 

meeting will be held in Room 2029 of 

the Sills Building at 5285 Port Royal 

Road, Springfield, Virginia 22161. 

Please note admittance instructions 

under the SUPPLEMENTARY INFORMATION

section of this notice. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Steven D. Needle, (703) 605–6404, 

sneedle@ntis.gov or Ms. Jill Johnson 

(703) 605–6401, jjohnson@ntis.gov. 

These are not toll-free telephone 

numbers. 

SUPPLEMENTARY INFORMATION: The NTIS 

Advisory Board is established by 

Section 3704b(c) of Title 15 of the 

United States Code. The charter has 

been filed in accordance with the 

requirements of the Federal Advisory 

Committee Act, as amended (5 U.S.C. 

App.). 

The October 30 morning session will 

focus on a review of NTIS’ performance 

in Fiscal Year 2008, its lines of business 

and its core competencies. The 

afternoon session is expected to focus 

on new strategic directions for Fiscal 

Year 2009, including issues pertaining 

to the identification of new markets and 

new ways to enhance NTIS’ utility to 

customers. The October 31 session will 

focus primarily on Board business but 

may continue the previous day’s 

discussions. A final agenda and 

summary of the proceedings will be 

posted at the NTIS Web site as soon as 

they are available (http://www.ntis.gov/ 

about/advisorybd.asp). 

The Sills Building is a secure facility. 

Accordingly, persons wishing to attend 

should call the contacts identified above 

to arrange for admission. Approximately 

one-half hour will be reserved for public 

comments during the afternoon of the 

October 30 session. The amount of time 

per speaker will be determined by the 

number of requests received. Questions 

from the public will not be considered 

during this period. Any person who 

wishes to submit a written statement for 

the Board’s consideration should mail 

or e-mail it to the contacts named above 

not later than October 17, 2008. 

Dated: September 18, 2008. 

Ellen Herbst, 

Director. 

[FR Doc. E8–22706 Filed 9–25–08; 8:45 am] 

BILLING CODE 3510–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Availability for the Draft 

Environmental Impact Statement/ 

Environmental Impact Report for the 

San Pedro Waterfront Project, Los 

Angeles County, CA 

AGENCY: Department of the Army—U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of availability. 

SUMMARY: The U.S. Army Corps of 

Engineers, Los Angeles District 

(Regulatory Division), in coordination 

with the Port of Los Angeles, has 

completed a Draft Environmental 

Impact Statement/Environmental 

Impact Report (EIS/EIR) for the San 

Pedro Waterfront Project, encompassing 

approximately 400 acres of land and 

water primarily along the west side of 

the Main Channel westward to Harbor 

Boulevard from the Vincent Thomas 

Bridge southward to Inner Cabrillo 

Beach in the Port of Los Angeles. The 

Port of Los Angeles requires 

authorization pursuant to section 404 of 

the Clean Water Act, section 10 of the 

Rivers and Harbors Act, and section 103 

of the Marine Protection, Research, and 

Sanctuaries Act, to implement various 

regulated activities in and over waters of 

the U.S. associated with redeveloping 

San Pedro Waterfront, which would 

include the following elements: 

Promenade, Harbors, and Open Space 

Waterfront Promenade—Construct a 

continuous promenade approximately 

30 feet wide along the west side of the 

Main Channel through the project area. 

Three New Harbors (North Harbor, 

Downtown Harbor, and 7th Street 

Harbor)—Develop three new harbors 

along the west side of the Main Channel 

to provide berthing for visiting tall 

ships, tugboats, and other vessels used 

for recreational, commercial, and other 

port-related purposes. This would 

require excavation and dredging to 

create the approximately 7 acres of new 

surface water. Cleaner material would to 

be disposed of at a designated ocean site 

(LA–2/LA–3), and unsuitable material to 

be disposed of at an approved upland 

site. In-harbor sites would also be 

considered if any become available. 

7th Street Pier—The constructed 7th 

Street Pier would be the public dock for 

short-term berthing of visiting vessels 

and would be located within the 7th 

Street Harbor, adjacent to the Los 

Angeles Maritime Museum. 

Town Square—The Town Square 

would comprise approximately 0.79 

acre in front of the historic San Pedro 


jlentini on PROD1PC65 with NOTICES