[Federal Register Volume 66, Number 42 (Friday, March 2, 2001)]
[Notices]
[Pages 13043-13048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5131]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 000411102-1045-03; I.D. 122800E]
RIN 0648-ZA85


Financial Assistance for Community-based Habitat Restoration 
Projects

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

ACTION: Notice of availability of funds.

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SUMMARY: The purpose of this document is to invite the public to submit 
proposals for available funding to implement grass-roots habitat 
restoration projects that will benefit living marine resources, 
including anadromous fish, under the NOAA Community-Based Restoration 
Program (CRP or Program). This document describes the conditions under 
which applications (project proposals) will be accepted under the CRP, 
and describes criteria under which applications will be evaluated for 
funding consideration. Projects funded through the CRP 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. Proposals selected for funding through this 
solicitation will be implemented through a project grant, cooperative 
agreement, or interagency transfer.

DATES: Applications for funding under the CRP will be accepted upon 
publication of this document in the Federal Register and must be 
received by or postmarked by May 1, 2001. Applications postmarked after 
that time will not be considered for funding. Applications submitted 
via the U.S. Postal Service must have an official postmark; private 
metered postmarks are not acceptable. Applications delivered by a 
delivery service after the postmark date will be accepted for review if 
the applicant can document that the application was provided to the 
delivery service on or prior to the specified postmark cut-off date. 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 Project 
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#febd968c978dd0ba91929b87be90919f9fd0999188"><span class="__cf_email__" data-cfemail="0e4d667c677d204a61626b774e60616f6f20696178">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#11437e73787f3f536364727a7f7463517f7e70703f767e67"><span class="__cf_email__" data-cfemail="471528252e2969053532242c292235072928262669202831">[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 level 
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.
    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 cooperatively implement 
habitat restoration projects. 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, as well as develop local stewardship and monitoring 
activities to sustain and evaluate the success of the restoration.
    The CRP recognizes the significant role that communities can play 
in habitat restoration, 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

[[Page 13044]]

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. 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.

III. Catalogue of Federal Domestic Assistance

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

IV. 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. Due to a 
significant increase in funding available to the CRP in FY 2001, 
applications from Federal agencies will be considered. Although Federal 
agencies are eligible to apply under this solicitation, 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, rather than seeking project funding 
directly from the CRP. Proposals selected for funding from non-Federal 
applicants will be funded through a project grant or cooperative 
agreement under the terms of this document. Proposals selected for 
funding from a non-NOAA Federal agency will be funded through an 
interagency transfer. 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.
    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 habitat restoration projects involving MSIs 
according to the criteria in this document.

V. Eligible Restoration Activities

    NOAA is interested in funding projects that will result in on-the-
ground restoration of habitat to benefit living marine resources, 
including anadromous fish species. 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. NOAA recognizes 
that accomplishing restoration is a multi-faceted effort involving 
project design, engineering services, permitting, construction, 
oversight and monitoring.
    In general, proposed projects should clearly demonstrate 
anticipated benefits to habitats, such as salt marshes, seagrass beds, 
coral reefs, mangrove forests, and riparian habitat near rivers, 
streams and creeks used or formerly used by anadromous fish. Priorities 
for habitat restoration 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.
    To protect the Federal investment, projects on private lands need 
to provide assurance that the project will be maintained for its 
intended purpose for the life of the project. Projects on permanently 
protected lands may be given priority consideration.
    Projects must involve significant community support through an 
educational and/or volunteer component tied to the restoration 
activities. Implementation of on-the-ground habitat restoration 
projects must involve community outreach and monitoring to assess 
project success, and may involve limited pre-implementation activities, 
such as engineering and design and short-term baseline studies. 
Proposals emphasizing a singular restoration component, such as only 
outreach or program coordination are discouraged, as are applications 
that propose to expand an organization's day-to-day activities, or that 
primarily seek support for administration, salaries, overhead and 
travel. The CRP anticipates the availability of funds for high quality, 
quantitative monitoring projects to advance the science and technology 
of coastal and marine habitat restoration. Proposals emphasizing 
science-based monitoring of existing or simultaneously proposed 
Community-Based Restoration Program projects are encouraged.
    Although NOAA recognizes that water quality issues may impact 
habitat restoration efforts, this initiative is intended to fund 
physical habitat restoration projects rather than direct water quality 
improvement measures, such as wastewater treatment plant upgrades or 
combined sewer outfall improvements. Similarly, the following 
restoration projects will not be eligible for funding: (1) Activities 
that constitute legally required mitigation for the adverse effects of 
an activity regulated or otherwise governed by state or Federal law; 
(2) activities that constitute restoration for natural resource damages 
under Federal or state law, and (3) activities that are required by a 
separate consent decree, court order, statute or regulation. Funds from 
this program may be sought to enhance restoration activities beyond the 
scope legally required by these activities.

VI. Funding Availability

    This solicitation announces that funding of up to $3,000,000 will 
be available for community-based habitat restoration projects in FY 
2001. The NOAA Restoration Center anticipates

[[Page 13045]]

that typical project awards will range from $25,000 to $150,000; NOAA 
will not accept proposals for under $10,000 or proposals for over 
$200,000 under this solicitation. There is no guarantee that sufficient 
funds will be available to make awards for all proposals. The number of 
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 restoration projects by the applicants, the merit and 
ranking of the proposals, and the amount of funds made available to the 
CRP by Congress. The exact amount of funds that may be awarded will be 
determined in pre-award negotiations between the applicant and NOAA 
representatives. Publication of this document does not obligate NOAA to 
award any specific project or obligate all or any parts of any 
available funds.

VII. 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 
are encouraged to demonstrate a minimum 1:1 non-Federal match for CRP 
funds requested to complete the proposed project. 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 nature 
(cash versus in-kind) of the contribution may be taken into account in 
the final selection of projects to be funded (see Evaluation Criteria 
section).
    For non-Federal applicants, 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. Applicants whose proposals are 
selected for funding will be bound by the percentage of cost sharing 
reflected in the award document signed by the NOAA Grants Officer.

VIII. Award Period

    Generally, the Program will make awards only to those projects 
where requested funding will be used to complete proposed restoration 
activities, with the exception of post-construction monitoring, within 
a period of 18 months from the time awards are distributed. If an 
application is selected for funding, NMFS has no obligation to provide 
any additional prospective funding in connection with that award in 
subsequent years. Any subsequent proposal to continue work on an 
existing project must be submitted to the competitive process for 
consideration and will not receive preferential treatment. Renewal of 
an award to increase funding or to extend the period of performance is 
at the total discretion of the Restoration Center Director.

IX. Electronic Access

    Information on the Program, including examples of 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. The standard NOAA application forms and instructions for 
applicants are accessible through this web site, or they can be 
obtained from the NOAA Restoration Center (see ADDRESSES).

X. Application Process

    To submit a proposal, a NOAA grants application must be filed, and 
must be complete and in accordance with instructions in the standard 
NOAA Grants Application Package and guidelines in this document. Each 
application must include all specified sections as follows: cover 
sheet-an applicant must use Office of Management and Budget (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 
project, with appropriate justification for both the Federal and non-
Federal shares.
    In general, applications should clearly demonstrate the broad-based 
benefits expected to specific habitats, and how these benefits will be 
achieved through the proposed restoration activities. The narrative 
project description should be no more than 7 double-spaced pages long, 
in 12 point font, and should give a clear presentation of the proposed 
work. It should identify the problems the project will address and 
describe short- and long-term objectives and goals, the methods for 
carrying out and monitoring the project, and the project's relevance to 
enhancing habitat to benefit living marine resources. The project 
narrative should describe the organizational structure of the applicant 
group, detail its qualifications, and identify proposed project staff; 
participants (project partners) other than the applicant, and their 
contributions, should be identified. The need for assistance should be 
demonstrated, and the narrative should provide assurance that all 
necessary environmental permits and consultations will be secured prior 
to the use of Federal funds for construction. Applicants should not 
assume prior knowledge on the part of NOAA as to the relative merits of 
the project described in the application.
    Applications should not be bound in any manner and should be 
printed on one side only. All incomplete applications will be returned 
to the applicant. Three copies (one signed original and two signed 
copies) of each application are required and must be submitted to the 
NOAA Restoration Center (see ADDRESSES). Applicants may opt to submit 
additional copies (seven are needed for reviewing purposes) if it does 
not cause a financial hardship. Applications for multiple projects 
submitted by the same applicant must be submitted in separate 
envelopes.

XI. Indirect Costs

    The budget may include an amount for indirect costs if the 
applicant has an established indirect cost rate with the Federal 
government. The total dollar amount of indirect costs proposed in an 
application under this program must not exceed the indirect cost rate 
negotiated and approved by a cognizant Federal 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.

XII. Project Selection Process

    Applications will be screened to determine if they are complete and 
in accordance with instructions detailed in the standard NOAA Grants 
Application Package. Eligible restoration proposals will undergo a 
technical review, ranking, and selection process. As appropriate during 
this process, the NOAA Restoration Center will solicit individual 
technical evaluations of each project proposed and may consult with 
other NOAA offices, the NOAA Grants

[[Page 13046]]

Management Division, the U.S. Department of Commerce, the Regional 
Fishery Management Councils, other Federal and state agencies, such as 
state coastal management agencies and state fish and wildlife agencies, 
and private and public sector restoration experts who have knowledge of 
a specific applicant, program or its subject matter. Proposals also 
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.
    Applications for habitat restoration projects will be evaluated by 
individual technical reviewers according to the criteria and weights 
described in this solicitation. The proposals will be rated, and 
reviewer comments and composite project ranks will be presented to the 
Director of the NOAA Restoration Center. The Director, in consultation 
with Program staff, will consider the evaluations and may take into 
account the following: (a) Diversity of geographic location and habitat 
types to be restored; (b) diversity of applicants; (c) degree of 
duplication of proposed activities with other projects 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. Hence, awards may not necessarily be 
made to the highest scored proposals. The Director, in consultation 
with Program staff, will select the proposals to be funded and 
determine the amount of funds available for each approved proposal.
    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 project duration, and 
specific NOAA cooperative involvement with the activities of each 
project will be determined in pre-award negotiations among the 
applicant, the NOAA Grants Office, and the NOAA Program staff. Projects 
should not be initiated in expectation of Federal funding until a 
notice of award document is received from the NOAA Grants Office.
    Successful applicants generally will be selected approximately 45 
days after the close of this solicitation. The earliest date for 
receipt of awards will be approximately 90 days after the close of this 
solicitation, 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 restoration activities.

XIII. Evaluation Criteria

    Reviewers will assign scores to proposals ranging from 0 to 60 
points based on the following four evaluation criteria and respective 
weights. Applicants that score less than 6 points on either of the 
first two criteria will not receive further funding consideration.

(1) Potential of the Project to Benefit Living Marine Resources (15 
points)

    Proposals will be evaluated on the extent of proposed habitat 
restoration activities and the type(s) of habitat(s) that will be 
restored. In particular, NOAA will evaluate proposals based on the 
amount and type of habitat proposed for restoration and the potential 
of the applicant to restore, protect, conserve, and enhance habitats 
and ecosystems vital to self-sustaining populations of living marine 
resources under NOAA Fisheries stewardship; whether the habitat(s) to 
be restored will benefit commercial, recreational, threatened or 
endangered species; whether the proposal addresses a priority habitat, 
restoration need, special consideration, or is part of a watershed or 
community stewardship plan; whether the effects of restoration are 
expected to persist; and whether the proposed project will compliment 
or encourage other local restoration activities. Proposals for science-
based monitoring of existing or simultaneously proposed Community-Based 
Restoration Program projects will be evaluated on the extent to which 
the potential results advance restoration methods, techniques and 
project implementation.

(2) Technical Merit and Adequacy of Project Implementation Plan (15 
points)

    Proposals will be evaluated on the technical feasibility of the 
project from both biological and engineering perspectives, and on the 
qualifications and past experience of the project leaders and/or 
partners in designing, implementing and effectively managing and 
overseeing projects. Communities and/or organizations developing their 
first locally-driven restoration project may not be able to document 
past experience and, therefore, will be evaluated on the basis of their 
potential to effectively manage and oversee all project phases and on 
the availability of NOAA or other technical expertise to guide the 
project to a successful completion.
    Proposals also will be evaluated on their ability to deliver the 
restoration objective stated in the proposal; demonstrate that the 
restoration activity will result in tangible benefits and will be 
sustainable and long-lasting; provide for long-term management of the 
restored resource, including adequate monitoring and a method for 
evaluating project success; and provide assurance that implementation 
of the project will meet all Federal and state environmental laws by 
obtaining or proceeding to obtain applicable permits and consultations. 
Projects on permanently protected lands may be given priority 
consideration.

(3) Community Commitment and Partnership Development (15 points)

    Proposals will be evaluated on activities proposed to involve 
citizens and broaden their participation in habitat restoration or 
science-based monitoring; the potential for, or demonstrated NOAA 
involvement in, the project; and the depth and breadth of community 
support, as reflected by the diversity and strength of project 
partners. Community participation may include: (a) hands-on training, 
restoration and monitoring activities undertaken by volunteers; (b) 
sponsorship by local entities, either through in-kind goods and 
services (earth-moving services, 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.

(4) Cost-effectiveness and Budget Justification (15 points)

    Proposals will be evaluated on the percentage of funds that will be 
dedicated to all phases of project implementation including physical, 
on-the-ground restoration and/or science-based monitoring, compared to 
the percentage that is for administration, salaries, overhead and 
travel; applications proposing to use restoration funds to expand an 
organization's day-to-day activities are unlikely to obtain a high 
score under this criterion. Proposals also will be evaluated on the 
need for funding and the overall leverage of NOAA funds anticipated, 
including the amount of cash match; the ability to which the proposed 
project is likely to catalyze future restoration and protection of 
living marine resources; and the ability of the applicant to 
demonstrate that a significant benefit will be generated for a 
reasonable cost. NOAA will expect

[[Page 13047]]

cost-sharing to leverage funding and to further encourage partnerships 
among government, industry, and academia.

XIV. Allowable Costs

    Funds awarded cannot necessarily pay for all the costs that the 
recipient might incur in the course of carrying out the project. 
Allowable costs are determined by reference to the 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.'' To encourage on-the-
ground restoration, funding for salaries must be used to support staff 
directly involved in accomplishing the restoration work.

XV. Other Requirements

Federal Policies and Procedures

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

Past Performance

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

Pre-award Activities

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

No Obligation of Future Funding

    If an application is selected for funding, 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 will 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 also may 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 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 comment are not required 
by the Administrative Procedure Act or by any other law for this 
document concerning grants, benefits, and contracts. Accordingly, a 
regulatory flexibility analysis is not required by 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.


[[Page 13048]]


    Dated: February 27, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-5131 Filed 3-1-01; 8:45 am]
BILLING CODE 3510-22-S


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