[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55816-55822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22708]


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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.

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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 Magnuson-
Stevens 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 <a href="/cdn-cgi/l/email-protection#ca98a5a8a3a4e488b8bfa9a1a4afb88aa4a5ababe4ada5bc"><span class="__cf_email__" data-cfemail="63310c010a0d4d21111600080d0611230d0c02024d040c15">[email protected]</span></a>.

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/hcrcdb_app/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 cost-effective. 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

[[Page 55817]]

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 Community-based 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 ocean-dependent 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-for-profit 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 
community-based 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.

[[Page 55818]]

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 project-specific 
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:
    <bullet> Provide funding and technical expertise to fishery and 
coastal communities to assist them in restoring fishery and coastal 
habitat;
    <bullet> Advance the science and monitoring of coastal habitat 
restoration;
    <bullet> Transfer restoration technologies to the private sector, 
the public, and other governmental agencies;
    <bullet> Develop public-private partnerships to accomplish sound 
coastal restoration projects;
    <bullet> Promote significant community support and volunteer 
Participation in fishery and coastal habitat restoration;
    <bullet> Promote stewardship of fishery and coastal habitats; and
    <bullet> Leverage resources through national, regional, and local 
public-private 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

[[Page 55819]]

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 re-established 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-the-ground 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 multi-faceted effort involving 
project design, engineering services, permitting, short-term baseline 
studies, construction,

[[Page 55820]]

oversight, monitoring, and education and outreach. In cases where on-
the-ground 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 pre-implementation 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 project-specific 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

[[Page 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.

[[Page 55822]]

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


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