Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices 13043

DEPARTMENT OF COMMERCE

[I.D. 022701A]

Submission for OMB Review;

Comment Request

The Department of Commerce has

submitted to the Office of Management

and Budget (OMB) for clearance the

following proposal for collection of

information under the provisions of the

Paperwork Reduction Act (44 U.S.C.

Chapter 35).

Agency: National Oceanic and

Atmospheric Administration (NOAA).

Title: Dr. Nancy Foster Scholarship

Program.

Form Number(s): None.

OMB Approval Number: None.

Type of Request: Emergency.

Burden Hours: 725.

Number of Respondents: 400.

Average Hours Per Response: 5 hours

for an application, 45 minutes for a

recommendation.

Needs and Uses: The Dr. Nancy Foster

Scholarship Program recognizes

outstanding scholarship by providing

financial support to graduate students

pursuing masters and doctoral degrees

in the areas of marine biology,

oceanography, and maritime

archaeology. Applicants must submit

documentation that NOAA uses to

select candidates, including three letters

of recommendation.

Affected Public: Individuals or

households.

Frequency: On occasion.

Respondent’s Obligation: Require to

obtain or retain a benefit.

OMB Desk Officer: David Rostker,

(202) 395–3897.

Copies of the above information

collection proposal can be obtained by

calling or writing Madeleine Clayton,

Departmental Forms Clearance Officer,

(202) 482–3129, Department of

Commerce, Room 6086, 14th and

Constitution Avenue, NW, Washington,

DC 20230 (or via the Internet at

MClayton@doc.gov).

Written comments and

recommendations for the proposed

information collection should be sent

within 30 days of publication of this

notice to David Rostker, OMB Desk

Officer, Room 10202, New Executive

Office Building, Washington, DC 20503.

Dated: February 23, 2001.

Gwellnar Banks,

Management Analyst, Office of the Chief

Information Officer.

[FR Doc. 01–5132 Filed 3–1–01; 8:45 am]

BILLING CODE 3510–JT–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 000411102-1045-03; I.D.

122800E]

RIN 0648-ZA85

Financial Assistance for Communitybased Habitat Restoration Projects

AGENCY: National Marine Fisheries

Service (NOAA Fisheries), National

Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Notice of availability of funds.

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 Chris.Doley@noaa.gov or

Robin.Bruckner@noaa.gov.

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 grassroots, 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

13044 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices

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 communitybased 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 nonprofits, 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, nongovernmental 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-theground 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 multifaceted 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-theground habitat restoration projects must

involve community outreach and

monitoring to assess project success,

and may involve limited preimplementation 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 CommunityBased 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

Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices 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 preaward 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 nonFederal 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 nonFederal 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 postconstruction 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 communitybased 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 SFLLL 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

13046 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices

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 CommunityBased 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, onthe-ground restoration and/or sciencebased 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

Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices 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 forprofit 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, ‘‘Governmentwide 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 Americanmade 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-ofinformation 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.

13048 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Notices

1Section 103 of ESIGN provides exceptions for

testamentary and domestic relations documents,

court orders, notices of cancellation for utility

services and health benefits, housing or rental

foreclosure and default notices, and product safety

and hazardous material notices. ESIGN does not

affect state or federal laws that require a writing for

these types of documents and notices.

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 021301D]

New England Fishery Management

Council; Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of rescheduling and

cancellation of public meetings.

SUMMARY: The New England Fishery

Management Council (Council) has

rescheduled a March meeting of its

Skate Oversight Committee and

Advisory Panel and changed the

location of the meeting, and has

cancelled a meeting of its Habitat

Oversight Committee.

DATES: The Skate Oversight Committee

and Advisory Panel meeting will be

held on March 13, 2001, at 9:30 a.m.

ADDRESSES: The meeting will be held at

the Radisson Hotel, 35 Governor

Winthrop Boulevard, New London, CT

06320; telephone: (860) 443-7000.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council

(978) 465-0492.

SUPPLEMENTARY INFORMATION: The

original notice (66 FR 11001, February

21, 2001) stated that the Skate Oversight

meeting would be held on March 6,

2001 at 9:30 a.m. It also stated that the

location was the Radisson Airport Hotel

in Warwick, RI. The meeting of the

Habitat Oversight Committee scheduled

for March 7, 2001 at 9:30 a.m. is

cancelled.

Special Accommodations

The meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Paul

J. Howard (see ADDRESSES) at least 5

days prior to the meeting dates.

All other previously published

information remains unchanged.

Dated: February 27, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–5149 Filed 3–1–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Telecommunications and

Information Administration

[Docket No. 010222048–1048–01]

RIN 0660–XX11

Notice, Request or Comments on

Section 105(a) of the Electronic

Signatures in Global and National

Commerce Act

AGENCY: National Telecommunications

and Information Administration, U.S.

Department of Commerce.

ACTION: Request for comments on the

Section 105(a) of the Electronic

Signatures in Global and National

Commerce Act.

SUMMARY: The National

Telecommunications and Information

Administration (NTIA) invites

interested parties to review and

comment on section 105(a) of the

Electronic Signatures in Global and

National Commerce Act (‘‘ESIGN’’ or

‘‘the Act’’) (Pub. L. 106–229, 114 Stat.

464). Section 105(a) requires the

Secretary of Commerce to conduct an

inquiry and report to Congress on the

effectiveness of delivery of electronic

records to consumers using electronic

mail as compared with the delivery of

written records via the United States

Postal Service and private express mail

services. In connection with this report,

this Federal Register notice is intended

to solicit comments from interested

parties. NTIA invites the public to

submit comments on section 105(a) of

the ESIGN Act in paper or electronic

form. All comments submitted in

response to this Notice will be posted

on the NTIA website.

DATES: Interested parties are invited to

submit comments no later than April 2,

2001.

ADDRESSES: Comments may be mailed to

Josephine Scarlett, Office of the Chief

Counsel, National Telecommunications

and Information Administration, Room

4713 HCHB, 1401 Constitution Ave.,

NW, Washington, DC 20230. Paper

submissions should include a diskette

in ASCII, WordPerfect (please specify

version) or Microsoft Word (please

specify version) format. Diskettes

should be labeled with the name and

organizational affiliation of the filer, and

the name version of the word processing

program used to create the document.

In the alternative, comments may be

submitted electronically to the

following electronic mail address:

<esign105a@ntia.doc.gov>. Comments

submitted via electronic mail should be

submitted in one or more of the formats

specified above.

FOR FURTHER INFORMATION CONTACT:

Josephine Scarlett, Office of the Chief

Counsel, telephone: (202) 482–1816; or

electronic mail:

<jscarlett@ntia.doc.gov>. Media

inquiries should be directed to the

Office of Public Affairs, National

Telecommunications and Information

Administration, at (202) 482–7002.

SUPPLEMENTARY INFORMATION:

I. Background

Advances in information technology

and increased Internet usage in

domestic and international business

transactions have produced significant

benefits to U.S. businesses and

consumers. Electronic commerce or ‘‘ecommerce’’ has contributed

significantly to the growth of the U.S.

economy in recent years. Census Bureau

statistics show that total retail ecommerce sales for 2000 reached an

estimated $25.8 billion, and accounted

for .08 percent of the total retail sales.

Although commercial transactions over

the Internet have increased over

previous years, one of the greatest

burdens to the growth of Internet

commerce has been the lack of

consistent, national rules that govern

the use of electronic documents and

signatures in electronic business

transactions.

In order to promote continued growth

in electronic commerce, Congress

enacted ESIGN on June 30, 2000. ESIGN

facilitates the use of electronic

documents in domestic and

international commerce and reinforces

the validity and enforceability of

electronic contracts and signatures. The

Act gives businesses the option of

transmitting electronic copies of

documents that are legally required to

be provided to consumers in written

form, and provides consumers with the

option of receiving electronic copies of

these documents. ESIGN does not apply,

however, to all documents and notices

that are required to be presented in

writing.1