[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Notices]
[Pages 9688-9694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 001206342-0342-01; I.D. 080200B]
RIN 0648-ZB00


NOAA Restoration Center; Request for National and Regional 
Habitat Restoration Partners

AGENCY: National Marine Fisheries Service (NOAA Fisheries), National

[[Page 9689]]

Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of request for partnership proposals.

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SUMMARY: The purpose of this document is to invite the public to submit 
multi-year proposals for establishing innovative partnerships with the 
NOAA Restoration Center (RC) at a national or regional level to further 
habitat restoration that will benefit living marine resources including 
anadromous fish. NOAA envisions working jointly on such partnerships, 
through its Community-Based Restoration Program (CRP), to select, 
competitively fund, and administer projects with substantial community 
involvement that restore NOAA trust resource habitat.
    This document describes the types of habitat restoration 
partnerships that the RC envisions establishing, and describes criteria 
under which applications will be evaluated for funding consideration. 
Partnerships selected through this notice will be implemented through a 
cooperative agreement mechanism and will involve joint selection and 
co-funding of multiple community-based habitat restoration projects. 
This is not a request for individual community-based habitat 
restoration project proposals.

DATES: This is an open notice for applications that runs through 
September 1, 2001. Applications will be evaluated and partners selected 
within 45 days after date of publication in the Federal Register and 
each month thereafter until the close of this solicitation. No 
facsimile or electronic mail applications will be accepted.

ADDRESSES: Send applications to James P. Burgess, Director, NOAA 
Restoration Center, National Marine Fisheries Service, 1315 East West 
Highway (F/HC3), Silver Spring, MD 20910-3282; ATTN: CRP Partnership 
Applications.
    See SUPPLEMENTARY INFORMATION section under Electronic Access for 
additional information on the Program and for application form 
information.

FOR FURTHER INFORMATION CONTACT: Christopher D. Doley or Robin J. 
Bruckner, (301) 713-0174, or by e-mail at <a href="/cdn-cgi/l/email-protection#0e4d667c677d204a61626b774e60616f6f20696178"><span class="__cf_email__" data-cfemail="66250e140f154822090a031f260809070748010910">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#05576a676c6b2b477770666e6b6077456b6a64642b626a73"><span class="__cf_email__" data-cfemail="02506d606b6c2c40707761696c6770426c6d63632c656d74">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Program Description

    The CRP, a financial and technical Federal assistance program, 
promotes strong partnerships at the national, regional and local levels 
to fund grass-roots, community-based activities that restore living 
marine resources and their habitats and promote stewardship and a 
conservation ethic for NOAA trust resources. NOAA trust resources are 
living marine resources that include commercial and recreational 
fishery resources (marine fish and shellfish and their habitats); 
anadromous species (fish, such as salmon and striped bass, that spawn 
in freshwater and then migrate to the sea); endangered and threatened 
marine species and their habitats; marine mammals, turtles, and their 
habitats; marshes, mangroves, seagrass beds, coral reefs, and other 
coastal habitats; and resources associated with National Marine 
Sanctuaries and National Estuarine Research Reserves. Priorities for 
habitat restoration partnership activities include: areas identified by 
NOAA Fisheries as essential fish habitat (EFH) and areas within EFH 
identified as Habitat Areas of Particular Concern; areas identified as 
critical habitat for federally or state listed marine and anadromous 
species; areas identified as important habitat for marine mammals and 
turtles; watersheds or such other areas under conservation management 
as special management areas under state coastal management programs; 
and other important commercial or recreational marine fish habitat, 
including degraded areas that historically were important habitat for 
living marine resources.
    The CRP's objective is to bring together citizen groups, public and 
nonprofit organizations, watershed groups, industry, corporations and 
businesses, youth conservation corps, students, landowners, and local 
government, state, and Federal agencies to implement habitat 
restoration projects to benefit NOAA trust resources. Partnerships 
developed at national, regional and local levels contribute funding, 
land, technical assistance, workforce support or other in-kind services 
to promote citizen participation in the improvement of locally-
important living marine resources and develop local stewardship and 
monitoring activities to sustain and evaluate the success of the 
restoration.
    The CRP recognizes the significant role that partnerships can play 
in making habitat restoration happen within communities, and 
acknowledges that habitat restoration is often best implemented through 
technical and monetary support provided at a community level. 
Community-based restoration projects supported by the CRP are 
successful because they have significant local backing, depend upon 
citizens' hands-on involvement, and typically involve NOAA technical 
assistance or oversight. The role of NOAA in the CRP is to help 
identify potential restoration projects, strengthen the development and 
implementation of sound restoration projects within communities, and 
develop long-term, ongoing national and regional partnerships to 
support community-based restoration efforts of living marine resource 
habitats across a wide geographic area. For more information on the 
CRP, see Electronic Access.

II. Restoration Partnership Priorities

    NOAA is interested in developing national and regional partnerships 
that will lead to the accomplishment of on-the-ground, community-based 
restoration of marine, coastal and freshwater habitats to benefit 
living marine resources, including anadromous fish species. The primary 
goals of NOAA in establishing these partnerships are to restore living 
marine resource habitats; to involve community member volunteers in 
restoration activities to increase public awareness of the ecological 
value of fisheries habitat and foster a sense of community stewardship 
and pride for local restoration efforts; to develop and maintain long-
term, ongoing, working relationships of mutual benefit by partnering on 
activities where the priorities and goals of partners overlap; to 
combine resources with national and regional partners to increase the 
geographic scope and rate at which habitat restoration can be 
conducted; and to collaborate on project identification, development, 
and selection for funding with partners that are able to coordinate and 
manage most or all aspects of restoration activities.
    The RC envisions four primary means of working collaboratively to 
implement fisheries habitat restoration through partnerships: (1) 
Through sharing of restoration priorities, project ideas and techniques 
among interested organizations; (2) through the investment of technical 
assistance and oversight on particular restoration projects of mutual 
interest; (3) through collaborative identification of quality habitat 
restoration projects, and independent investment of technical 
assistance and cash and in-kind project contributions; and (4) through 
cooperative agreements, where potential national and regional partners 
apply for funds to work with the RC on a multi-year basis to identify, 
develop, implement and monitor community-based habitat restoration 
projects to benefit NOAA trust resources. Establishing partnerships 
through a cooperative agreement mechanism will involve joint selection 
and co-funding of numerous community-based habitat

[[Page 9690]]

restoration projects, and is the primary focus of this Federal Register 
document.

III. National and Regional Restoration Partnerships

    NOAA invites the submission of multi-year proposals of up to 3 
years for establishing innovative partnerships with the RC at a 
national or regional level to further coastal habitat restoration. 
Successful applicants will be those whose partnership proposals are 
broad-reaching and demonstrate the potential for significant benefits 
to living marine resources across a large geographic area, and those 
whose restoration projects will actively engage community 
participation. Applicants seeking to establish partnerships must 
demonstrate that restoration activities will be consistent with NOAA 
Fisheries priorities outlined in this notice.
    Proposals for both national and regional partnerships are 
encouraged. However, because regional partnerships are more focused in 
geographic scope, these applicants will be expected to demonstrate 
coordinated efforts among multiple groups such as universities, science 
centers, state and municipal agencies, watershed groups, local schools, 
civic groups and non-governmental organizations. Applications for 
regional partnerships should involve a coalition that will develop 
joint goals and objectives to accomplish habitat restoration, and whose 
activities are expected to take place across a substantial and defined 
geographic region, such as the Chesapeake Bay watershed or the states 
that border the Gulf of Maine, for example.
    The CRP has worked with a variety of partners on community-based 
fishery habitat restoration. Successful partnerships resulted where 
joint goals and priorities were most effectively accomplished through 
collaborative activities, including the pooling of financial and 
technical resources. The following narrative highlights the qualitites 
the CRP expects in working with national and regional community-based 
restoration partners. The example is only illustrative and is not 
intended to limit the scope of partnership proposals.
    The CRP seeks partnerships to match NOAA cash contributions at a 
minimum of a 1:1 level, enabling a greater number of jointly evaluated 
and selected community-based habitat restoration projects to be 
implemented. The combined partnership investments are to be 
subsequently leveraged between 1 and 5 times once cash and in-kind 
contributions from local partners and volunteers are included. Ideally, 
NOAA's contribution under a partnership is used to co-fund competitive 
habitat restoration projects that benefit a wide range of NOAA trust 
resources over a substantial geographic area. NOAA and its partner will 
jointly solicit for local, citizen-driven habitat restoration 
proposals, and identify, evaluate and prioritize individual projects 
for funding. Partners will be expected to play a primary role in 
project development, the competitive solicitation of proposals, the 
coordination of joint reviews and evaluations of proposals, the award 
and administration of sub-grants, and the direct administrative 
oversight and routine review of funded projects. Partners will be 
expected to ensure that all work on individual projects will meet 
Federal, state and local environmental permitting requirements and that 
projects will be monitored to evaluate their success. Partners also 
will be expected to conduct all financial, administrative and 
contractual aspects of subsequent awards, consistent with all 
applicable Federal regulations and U.S. Department of Commerce/NOAA 
procedures and policies. NOAA's role in most partnerships would be to 
provide technical assistance in project development, conduct requisite 
field visits, assist in the review and evaluation of proposals, and 
provide funding and technical guidance during project implementation 
and monitoring of project success.
    Projects funded under the partnership will be expected to have 
strong on-the-ground habitat restoration components that provide 
educational and social benefits for people and their communities in 
addition to long-term ecological habitat improvements for NOAA trust 
resources. NOAA recognizes that accomplishing restoration is a multi-
faceted effort involving project design, engineering services, 
permitting, construction, oversight and monitoring. Therefore, to allow 
maximum flexibility under a partnership, applicants should avoid unduly 
restricting proposed activities to specific restoration phases.
    Restoration is defined here as activities that contribute to the 
return of degraded or altered marine, estuarine, coastal and freshwater 
anadromous fish habitats to a close approximation of their condition 
prior to disturbance. 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 passageway; natural or artificial reef/substrate/habitat 
creation; establishment of riparian buffer zones and improvement of 
freshwater habitat features that support anadromous fishes; planting of 
native coastal wetland and submerged aquatic vegetation; and 
enhancement of feeding, spawning and growth areas essential to marine 
or anadromous fish.
    A partnership application may target the restoration of specific 
habitats, or restrict work to certain geographic locations or the use 
of certain restoration techniques, if the restoration of these habitats 
or work in designated locations or with particular techniques has been 
documented under a regional planning effort to be a priority that is 
also consistent with the priorities of NOAA Fisheries. An example of 
suitable documentation includes proposed restoration activities 
resulting from a regional planning or other process where multiple 
stakeholders have reached consensus. Proposals for partnerships with a 
narrow restoration focus that will benefit limited resources or few 
user groups, or that request funding solely to support or increase 
general organizational activities, are not considered ideal for the 
partnership development goals of the NOAA Restoration Center, and will 
be less likely to be selected for partnership agreements with the RC.

IV. Authority

    The Secretary of Commerce is authorized under the Fish and Wildlife 
Coordination Act, 16 U.S.C. 661-666, to provide grants or cooperative 
agreements for fisheries habitat restoration.

V. Catalogue of Federal Domestic Assistance

    This Program is described in the ``Catalogue of Federal Domestic 
Assistance,'' under program number 11.463, Habitat Conservation.

VI. Eligible Applicants

    Eligible applicants are institutions of higher education, 
hospitals, other non-profits, commercial organizations, organizations 
under the jurisdiction of foreign governments, international 
organizations, state, local and Indian tribal governments, and Federal 
agencies. Although Federal agencies are eligible to apply, they are 
strongly encouraged to work with states, non-governmental 
organizations, national service clubs or youth corps organizations and 
others that are eligible to apply as potential NOAA habitat restoration 
partners, rather than seeking partnerships directly with NOAA. 
Proposals selected for funding from non-Federal applicants will be 
funded through a project grant or cooperative

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agreement under the terms of this document. Proposals selected for 
funding from a non-NOAA Federal agency will be funded through an 
interagency transfer. Note: Before non-NOAA Federal applicants may be 
funded, they must demonstrate that they have legal authority to receive 
funds for the purpose of this program in excess of their appropriation. 
Because this announcement is not proposing to procure goods or services 
from applicants, the Economy Act (31 U.S.C. 1535) is not an appropriate 
legal basis.
    Pursuant to Executive Orders 12876, 12900, and 13021, the 
Department of Commerce National Oceanic and Atmospheric Administration 
(DOC/NOAA) is strongly committed to broadening the participation of 
Historically Black Colleges and Universities, Hispanic Serving 
Institutions, and Tribal Colleges and Universities in its educational 
and research programs. The DOC/NOAA vision, mission, and goals are to 
achieve full participation by Minority Serving Institutions (MSI) in 
order to advance the development of human potential, to strengthen the 
nation's capacity to provide high-quality education, and to increase 
opportunities for MSIs to participate in, and benefit from, Federal 
financial assistance programs. DOC/NOAA encourages proposals for 
innovative national and regional partnerships involving MSIs according 
to the criteria in this document, to strengthen the capacity of MSIs to 
foster student careers, research and workforce competitiveness in 
fisheries habitat restoration through identification, development, 
implementation and monitoring of on-the-ground community-based 
restoration projects on a national or regional scale.

VII. Anticipated Funding Levels for Partnership Activities

    This solicitation invites multi-year partnerships of up to 3 years 
with the NOAA Restoration Center, in the form of cooperative agreements 
of up to $4,000,000 (combined NOAA and partner funds, maximum Federal 
funds $2 M) for the formation of national habitat restoration 
partnerships, and up to $2,000,000 (combined NOAA and partner funds, 
maximum Federal funds $1 M) for the formation of regional partnerships 
beginning in FY 2001, with allowances for higher amounts if the 
applicants can produce a match in excess of 1:1. Combined funds for 
partnerships may be scaled up from FY 2001 levels to $6,000,000 
(national) and $3,000,000 (regional) in FY 2002, and to $8,000,000 
(national) and $4,000,000 (regional) in FY 2003 with future budget 
increases. In accordance with NOAA Community-Based Restoration Program 
Guidelines (65 FR 16890, March 30, 2000), the Restoration Center 
Director will determine the proportion of funds available to the CRP on 
an annual basis that will be obligated to national and regional 
partnerships each year, including the proportion to be used for 
interagency partnerships, and the proportion to be used for direct 
solicitations through the CRP. The number of partnership awards to be 
made as a result of this solicitation will depend on the number of 
eligible applications received, the amount of funds requested for 
initiating partnerships by the applicants, the merit and rating of the 
proposals, and the amount of funds made available to the CRP by 
Congress. There is no guarantee that sufficient funds will be available 
to initiate partnerships where funding has been approved, and the mix 
of national and regional partnerships will be up to the discretion of 
the RC director. National partnerships generally will have preference 
over regional partnerships if available funds are limited. The exact 
amount of funds that may be awarded to work within a habitat 
restoration partnership will be determined in pre-award negotiations 
between the applicant and NOAA representatives. Publication of this 
document does not obligate NOAA to establish any specific partnership 
proposed or to obligate all or any parts of the available funds for 
partnership activities.
    For partnerships where funding is approved, funds awarded cannot 
necessarily pay for all the costs that the recipient might incur in the 
course of carrying out the partnership role.
    Allowable costs are determined by reference to the Office of 
Management and Budget (OMB) Circulars A-122, ``Cost Principles for Non-
profit Organizations''; A-21, ``Cost Principles for Education 
Institutions''; and A-87, ``Cost Principles for State, Local and Indian 
Tribal Governments.'' Generally, costs that are allowable include 
salaries, equipment, supplies, and training, as long as these are 
``necessary and reasonable.'' However, in order to encourage on-the-
ground restoration, if funding for salaries is requested, it must be 
used to support staff directly involved in overseeing the 
accomplishment of the restoration work that will take place under the 
partnership.

VIII. Matching Requirements

    The overall focus of the CRP is to provide seed money to individual 
projects that leverage funds and other contributions from a broad 
public and private sector to implement locally important habitat 
restoration to benefit living marine resources. To this end, applicants 
seeking national and regional partnerships with the RC are expected to 
demonstrate a minimum 1:1 non-Federal match. While this is not a 
requirement, NOAA strongly encourages applicants to leverage as much 
investment as possible; applicants with less than 1:1 match will not be 
disqualified. The degree to which cost-sharing exceeds the minimum 
level, and the source (national/regional versus project-by-project) and 
nature (cash versus in-kind) of the contribution will be taken into 
account in the selection of partnerships to be awarded (see Evaluation 
Criteria section). The match can come from a variety of public and 
private sources and can include in-kind goods and services. Federal 
funds may not be considered matching funds. Applicants are permitted to 
combine contributions from additional non-Federal partners in order to 
meet the 1:1 match expected to establish a partnership. Applicants 
whose proposals are selected for habitat restoration partnership 
funding will be bound by the percentage of cost sharing reflected in 
the award document signed by the NOAA Grants Officer.

IX. Type of Funding Instrument

    For habitat restoration partnerships selected to receive funding 
through this solicitation, the RC envisions providing funds through 
cooperative agreements. A cooperative agreement is a legal instrument 
reflecting a relationship between NOAA and a recipient whenever (1) the 
principal purpose of the relationship is to provide financial 
assistance to the recipient and (2) substantial involvement in the 
project by NOAA is anticipated during performance of the contemplated 
activity. NOAA may play a substantial role in any or all of the 
following: (1) Developing national and regional partnerships to promote 
locally driven habitat restoration activities; (2) conducting 
cooperative activities with recipients in project identification and 
ranking; (3) evaluating the performance of restoration projects; and 
(4) supporting project partners to enhance their effectiveness in 
meeting stated restoration goals for improving fisheries habitat.

X. Award Period and Partnership Duration

    Proposals for national and regional partnerships should cover a 
project period between 1 and 3 years. Multi-year project period 
requests may be

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funded incrementally on an annual basis, but once awarded, multi-year 
partnerships will not need to compete for funding in subsequent years. 
If an application is selected and approved for funding under a 
partnership, NOAA has no obligation to provide additional funding in 
connection with this partnership in subsequent years. However, the 
intention of the Program is to attract and maintain partnerships that 
will be ongoing and long-lasting. Established partnerships are expected 
to continue through the duration of the project period. Future 
opportunities for submitting proposals to the competitive process for 
developing multi-year, national and regional habitat restoration 
partnerships are anticipated, but will be dependent on CRP funding 
levels and on the performance of existing partners to successfully 
maintain existing partnership activities to identify, develop, 
evaluate, implement and monitor community-based fisheries habitat 
restoration projects. Future opportunities to submit competitive 
applications for establishing national and regional habitat restoration 
partnerships will not affect existing partnerships provided that all 
parties involved are satisfied with the performance of the partnership 
arrangements. Renewal of an award to continue individual partnership 
arrangements in subsequent years, or to extend the period of 
performance, is at the total discretion of the Restoration Center 
Director.

XI. Electronic Access

    Information on the Program, including examples of national 
partnerships and community-based habitat restoration projects that have 
been funded to date, can be found on the world wide web at http://www.nmfs.noaa.gov/habitat/restoration. Application forms and 
instructions for applicants that wish to respond to this solicitation 
are also available through this web site, or they can be obtained from 
the NOAA Restoration Center (see ADDRESSES).

XII. Application Process

    A NOAA grants application must be filed under the guidelines in 
this document. Proposal applications must be complete and in accordance 
with instructions in the standard NOAA Grants Application Package. Each 
application must include all specified sections as follows: cover sheet 
(an applicant must use OMB Standard Form 424 as the cover sheet for 
each project); budget detail (SF 424A and budget justification 
narrative); grant assurances SF424B and CD-511, and SF-LLL if 
applicable; and narrative project description (statement of work). 
Budgets must include a detailed breakdown by category of cost estimates 
as they relate to specific aspects of the partnership, with appropriate 
justification for both the Federal and non-Federal shares.
    The narrative project description should be no more than 15 double-
spaced pages long, in 12 point font, and should give a clear 
presentation of the proposed partnership. It should identify the 
problems the partnership will address and the geographic area over 
which the partnership will operate. The narrative should describe 
short- and long-term objectives and goals, methods for identifying 
potential projects, the criteria that will be used for selecting 
restoration proposals and determining the success of projects 
implemented at a community level under the partnership, and the 
relevance of the proposed partnership to enhancing habitat to benefit 
living marine resources. The narrative also should address a mechanism 
that partners will use to ensure that all necessary environmental 
permits and consultations will be secured prior to the use of Federal 
funds for construction. Additionally, the narrative should identify the 
anticipated partnership duration, amount and timing of funds requested, 
potential sources of match, and any restrictions the partner may impose 
on the further use of Federal funds. For example, if the partner 
anticipates limiting competition by restricting the level of funding 
per project, restricting funding to specific project phases, cost 
categories or to specific recipients, restricting habitat types, 
organization types or geographic locations from consideration, these 
restrictions should be clearly detailed in the narrative. It is NOAA's 
intention to maintain maximum competition and flexibility in the use of 
Federal restoration funds.
    Anticipated project partners other than the applicant should be 
identified; this is particularly important for those applying to 
establish regional partnerships. The project narrative should describe 
the organizational structure of the applicant group(s), detail their 
qualifications and identify proposed partnership staff. In general, 
applications should clearly demonstrate the broad-based benefits 
expected to habitats, and how these benefits will be achieved through 
partnership activities with the RC. Partnerships that emphasize a 
singular restoration component, such as only outreach, monitoring, or 
program coordination are discouraged, as are applications that propose 
partnerships to expand an organization's day-to-day activities that 
have limited NOAA involvement, or primarily support administration, 
salaries, overhead and travel.
    Applications should not be bound or stapled and should be printed 
on one side only. Incomplete applications will be returned to the 
applicant. Three copies (one signed original and two signed copies) of 
each application are required and must be submitted to the NOAA 
Restoration Center (see ADDRESSES).

XIII. Indirect Costs

    The budget may include an amount for indirect costs if the 
applicant has an established indirect cost rate with the Federal 
government. The total dollar amount of indirect costs proposed in an 
application under this program must not exceed the indirect cost rate 
negotiated and approved by a cognizant Federal agency prior to the 
proposed effective date of the award. However, the Federal share of the 
indirect costs may not exceed 25 percent of the proposed request for 
Federal support. Applicants with indirect cost rates above 25 percent 
may use the amount above the 25-percent level as part of the non-
Federal share. A copy of the approved, currently negotiated Indirect 
Cost Agreement with the Federal Government must be included in the 
application. If the applicant does not have a current negotiated rate 
and plans to seek reimbursement for indirect costs, documentation 
necessary to establish a rate must be submitted within 90 days of 
receiving an award.

XIV. Partnership Selection Process

    Applications will be screened to determine if proposals are 
complete and in accordance with instructions detailed in the standard 
NOAA Grants Application Package. Eligible restoration partnership 
proposals will undergo a technical review, rating, and selection 
process. Proposals will be reviewed by NOAA field and headquarters 
staff to determine how well applications meet the stated aims of the 
CRP, and how well the proposal meets the goals of the NOAA RC for 
establishing partnerships, using the evaluation criteria that follow. 
Reviewers will make recommendations to the NOAA Restoration Center 
Director regarding which proposals are suitable for further 
consideration. As appropriate during this process, the NOAA Restoration 
Center will solicit individual technical evaluations of each proposed 
partnership and may consult with other NOAA offices, the NOAA Grants 
Management Division, the U.S. Department of Commerce, the Regional

[[Page 9693]]

Fishery Management Councils, other Federal and state agencies, such as 
state coastal management agencies and state fish and wildlife agencies, 
and private and public sector restoration experts who have knowledge of 
a specific applicant, program or its subject matter.
    Applications for proposed partnerships will be evaluated by 
individual technical reviewers according to the criteria and weights 
described in this solicitation. The proposals will be rated, and 
reviewer's comments will be presented to the Director of the NOAA 
Restoration Center. The Director, in consultation with Program staff, 
may take into account the following program priorities: (a) Diversity 
of geographic location and habitat types to be restored; (b) diversity 
of applicants; (c) degree of duplication of proposed partnership 
activities with other partnerships that are currently in effect or 
approved for funding by NOAA and other Federal agencies; (d) factors 
that may not be known by technical reviewers that would affect 
achievement of the CRP's objectives as described in this announcement 
and the Program Guidelines (65 FR 16890, March 30, 2000); and (e) the 
availability of funds. Partnership offers may not be extended to all 
applicants that score well. The Director, in consultation with Program 
staff, will select the partnerships to be established with the NOAA 
Restoration Center and determine the amount of funds available for each 
approved partnership.
    Applicants may be asked to modify objectives, work plans, or 
budgets prior to final approval of an award. The exact amount of funds 
to be awarded, the final scope of activities, the partnership duration, 
and specific NOAA cooperative involvement with the activities proposed 
under selected partnerships will be determined in pre-award 
negotiations among the applicant, the NOAA Grants Office, and the NOAA 
Program staff. Partnership activities should not be initiated in 
expectation of Federal funding until a notice of award document is 
received from the NOAA Grants Office.
    Successful applicants will be selected to establish habitat 
restoration partnerships with the RC beginning March 26, 2001, and each 
month thereafter until the close of this solicitation. Notification of 
approved partnership status will take place approximately 60 days after 
the cooperative agreement application is forwarded to the NOAA Grants 
Management Division, when all NOAA/applicant negotiations of 
cooperative activities have been completed. Applicants should consider 
this selection and processing time in developing requested start dates 
for proposed partnership activities.

XV. Evaluation Criteria

    Reviewers will assign scores to proposals ranging from 0 
(unacceptable) to 100 (excellent) points based on the following five 
evaluation criteria and respective weights:

(1) Potential of the Partnership to Benefit Living Marine Resources (20 
percent)

    Proposals will be evaluated on (a) the national or regional extent 
of proposed habitat restoration activities and (b) the types of 
habitats that will be restored under the partnership. In particular, 
NOAA will evaluate proposals based on the potential of the applicant 
and proposed magnitude of the partnership to restore, protect, 
conserve, and enhance habitats and ecosystems vital to self-sustaining 
populations of living marine resources under NOAA Fisheries 
stewardship.

(2) Partner Strengths and Experience (20 percent)

    The applicant should demonstrate its abilities to effectively and 
efficiently manage a significant number of projects simultaneously. 
Applicants will be evaluated on the qualifications, past experience, 
and potential of the project partners to effectively identify, develop, 
select, manage and oversee all project phases, particularly financial 
and administrative management of sub-awards, and the ability to ensure 
scientifically-based monitoring is implemented on individual projects 
funded through sub-awards.

(3) Adequacy of Partnership Plan (20 percent)

    The partnership plan will be evaluated on: (a) the adequacy of 
proposed strategies for coordination with NOAA in all phases of project 
selection, design, implementation and monitoring; (b) the degree to 
which the selection process is competitive, and ensures that sub-awards 
are made according to technical evaluations and identified weighting 
factors consistent with NOAA priorities; (c) the ability of the partner 
to foster restoration activities under the partnership that will be 
consistent with regional or community planning processes, or other 
stakeholder mechanisms used to prioritize projects; (d) the degree to 
which projects selected for sub-awards are expected to have long-
lasting results that will be sustained into the future through 
conservation easements or similar protection; (e) the ability to 
advance the partnership and increase awareness of the importance of 
habitat restoration; and (f) the ability to provide assurance that 
projects implemented through sub-awards will meet all Federal and state 
environmental laws and obtain applicable permits and consultations.

(4) Ability to Engage Communities in Habitat Restoration (20 percent)

    Proposals will be evaluated on the suitability of proposed actions 
to involve citizens and broaden their participation in habitat 
restoration projects. Proposals must include information on how the 
selection of projects under the partnership with NOAA will promote 
significant community involvement in fisheries habitat restoration and 
stewardship. Community participation may include: (a) hands-on training 
and restoration activities undertaken by volunteers; (b) sponsorship 
from local entities, either through in-kind goods and services (earth 
moving, technical expertise, conservation easements) or cash 
contributions; (c) public education and outreach; (d) support from 
state and local governments; and (e) ability to achieve long-term 
stewardship for restored resources and to generate a community 
conservation ethic.

(5) Cost-effectiveness and Budget Justification (20 percent)

    Proposals will be evaluated on: (a) the percentage of funds that 
will be dedicated to all phases of restoration project implementation 
including physical, on-the-ground restoration compared to the 
percentage that is for administration and overhead to be used by the 
partner; (b) the overall leverage of NOAA funds anticipated, including 
the amount of cash match; (c) the ability to which the partnership and 
projects selected are likely to catalyze future restoration and 
protection of living marine resources; and (d) the ability of the 
applicant organization to demonstrate that a significant benefit will 
be generated for a reasonable cost. NOAA will expect cost-sharing to 
leverage funding and to further encourage partnerships among 
government, industry, and academia.

XVI. Other Requirements

Federal Policies and Procedures

    Recipients and subrecipients are subject to all Federal laws and 
Federal and DOC policies, regulations, and procedures application to 
Federal financial assistance awards.

[[Page 9694]]

Past Performance

    Any first-time applicant for Federal grant funds under this 
announcement is subject to a pre-award accounting survey prior to 
execution of the award. Unsatisfactory performance under prior Federal 
awards may result in an application not being considered for funding.

Pre-award Activities

    If applicants incur any costs prior to an award being made, they do 
so solely at their own risk of not being reimbursed by the Government. 
Notwithstanding any verbal or written assurance that they may have 
received, there is no obligation on the part of NOAA to cover pre-award 
costs.

No Obligation of Future Funding

    If an application is selected for funding, NOAA has no obligation 
to provide additional future funding in connection with the award. 
Renewal of an award to increase funding or extend the period of 
performance is at the total discretion of the Restoration Center 
Director.

Delinquent Federal Debts

    No award of Federal funds shall be made to an applicant or to its 
subrecipients who have any outstanding delinquent Federal debt or fine 
until:
    1. The delinquent account is paid in full;
    2. A negotiated repayment schedule is established, and at least one 
payment is received; or
    3. Other arrangements are made that are satisfactory to the 
Department of Commerce.

Name Check Review

    All non-profit and for-profit applicants are subject to a name 
check review process. Name checks are intended to reveal whether key 
individuals associated with the applying organization have been 
convicted of, or are presently facing, criminal charges such as fraud, 
theft, perjury, or other matters that significantly reflect on the 
applicant's management, honesty, or financial integrity. Potential non-
profit and for-profit recipients may also be subject to reviews of Dun 
and Bradstreet data or other similar credit checks.

Primary Applicant Certifications

    All primary applicants must submit a completed Form CD 511, 
``Certifications Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and 
Lobbying.'' The following explanations are hereby provided:
    1. Nonprocurement debarment and suspension. Prospective 
participants (as defined at 15 CFR 26.105) are subject to 15 CFR part 
26, ``Nonprocurement Debarment and Suspension,'' and the related 
section of the certification form prescribed earlier applies;
    2. Drug-free workplace. Grantees (as defined at 15 CFR 26.605) are 
subject to 15 CFR 26, subpart F, ``Government-wide Requirements for 
Drug-Free Workplace (Grants),'' and the related section of the 
certification form prescribed earlier applies; also please enter the 
Principal Place of Performance, that is, where the work will be done.
    3. Anti-Lobbying. Persons (as defined at 15 CFR 28.105) are subject 
to the lobbying provision of 31 U.S.C. 1352, ``Limitation on use of 
appropriated funds to influence certain Federal contracting and 
financial transactions,'' and the lobbying section of the certification 
form prescribed above applies to applications/bids for grants, 
cooperative agreements, contracts for more than $100,000, and loans and 
loan guarantees for more than $150,000.
    4. Anti-Lobbying disclosures. Any applicant who has paid or will 
pay for lobbying using any funds must submit a Form SF-LLL, 
``Disclosure Form to Report Lobbying,'' as required under 15 CFR part 
28, appendix B.

Lower Tier Certifications

    Recipients shall require applicants/bidders for subgrants, 
contracts, subcontracts, or other lower tier covered transactions at 
any tier under the award to submit, if applicable, a completed Form CD-
512, ``Certifications Regarding Debarment, Suspension, Ineligibility 
and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying'' 
and disclosure Form SF-LLL ``Disclosure of Lobbying Activities.'' Form 
CD-512 is intended for the use of recipients and should not be 
transmitted to DOC. An SF-LLL submitted by any tier recipient or 
subrecipient should be submitted to DOC in accordance with the 
instructions contained in the award document.

False Statements

    A false statement on the application is grounds for denial or 
termination of funds and grounds for possible punishment by a fine or 
imprisonment as provided in 18 U.S.C. 1001.

Intergovernmental Review

    Applications under this program are subject to the provisions of 
Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''

American-made Equipment and Products

    Applicants are hereby notified that they are encouraged, to the 
extent feasible, to purchase American-made equipment and products with 
funding provided under this program.

Classification

    Prior notice and an opportunity for public comments are not 
required by the Administrative Procedure Act or by any other law for 
this notice concerning grants, benefits, and contracts. Furthermore, a 
regulatory flexibility analysis is not required for the purposes of the 
Regulatory Flexibility Act.
    This action has been determined to be ``not significant'' for 
purposes of Executive Order 12866.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection 
displays a currently valid OMB control number.
    This notice contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 
424B and SF-LLL have been approved by OMB under the respective control 
numbers 0348-0043, 0348-0044, 0348-0040, and 0348-0046.

    Dated: February 5, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-3390 Filed 2-8-01; 8:45 am]
BILLING CODE 3510-22-S


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