[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Notices]
[Pages 53339-53343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25641]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 990907250-9250-01; I.D. 063099B]
RIN 0648-ZA70
Community-Based Restoration Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Request for comments on proposed guidelines for the Community-
Based Restoration Program.
-----------------------------------------------------------------------
SUMMARY: NOAA Fisheries began a new Community-Based Restoration Program
(Program) in 1996 to encourage local efforts to restore fish habitats.
Since that time NOAA has provided funding to 66 small-scale habitat
restoration projects around coastal America. The Program is a
systematic national effort to encourage partnerships with Federal
agencies, states, local governments, non-governmental and non-profit
organizations, businesses, industry and schools to carry out locally
important habitat restorations to benefit living marine resources. The
Program is developing formal guidelines which will expand the financial
instruments available to accomplish furtherance of this mission. This
announcement provides proposed guidelines for the implementation of the
Program in FY 2000 and beyond. NMFS is seeking comments on the proposed
guidelines for the Program through this document. This is not a
solicitation of project proposals.
[[Page 53340]]
DATES: The agency must receive comments concerning this document on or
before November 1, 1999.
ADDRESSES: Comments may be provided in writing. Please send your
comments by mail to: Director, NOAA Restoration Center, National Marine
Fisheries Service, 1315 East West Highway (F/HC3), Silver Spring, MD
20910-3282, ATTN: Guideline Comments.
FOR FURTHER INFORMATION CONTACT: Christopher D. Doley, (301) 713-0174,
or by e-mail at Chris.Doley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Habitat loss and degradation are major, long-term threats to the
sustainability of the Nation's fishery resources. Over 75 percent of
commercial fisheries and 80-90 percent of recreational marine and
anadromous fishes depend on estuarine or coastal habitats for all or
part of their life-cycles. Protecting existing, undamaged habitat is a
priority and should be combined with coastal habitat restoration to
enlarge and enhance the functionality of degraded habitat. Restored
coastal habitat will help rebuild fisheries stocks and recover
threatened or endangered species. Restoring coastal habitats will help
ensure that valuable resources will be available to future generations
of Americans.
The proposed guidelines that follow reflect modifications to the
existing Program to allow greater flexibility to support community-
based habitat restoration projects. The purpose of this document is to
provide an outline of the goals, objectives and structure of the
Program, and to solicit comments and suggestions concerning Program
design for implementation in FY 2000 and beyond. The Program will
provide Federal Register notifications on the availability of funds and
will solicit project proposals one or more times per year. Each
solicitation will provide greater detail on the criteria for project
selection and/or the weighting of the criteria.
Electronic Access
Information on the existing Program, including projects that have
been funded to date, can be found on the world wide web at: http://
www.nmfs.gov/habitat/restoration.
Goals and Objectives
The Program's objective is to bring together citizen groups, public
and non-profit organizations, 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 are sought at the
national and local level to contribute funding, land,technical
assistance, workforce support or other in-kind services to allow
citizens to take responsibility for the improvement of locally
important living marine resources.
The Program recognizes the significant role that communities play
in habitat restoration and protection and acknowledges that habitat
restoration is often best supported and implemented at a community
level. Projects are successful because they have significant community
support and depend upon citizens' ``hands-on'' involvement. The role of
NMFS in the Program is to strengthen the development and implementation
of sound restoration projects. NMFS anticipates maintaining the current
focus of the Program by continuing to form strong partnerships to fund
grass-roots, bottom-up activities that restore habitat and develop
stewardship and a conservation ethic for the Nation's living marine
resources.
Eligibility Requirements
Any state, local or tribal government, regional governmental body,
public or private agency or organization may sponsor a project for
funding consideration. The sponsoring group or organization may be a
recipient of the funds or may recommend that a Federal agency receive
the funds for implementation. However, in the latter situation, NMFS
would enter into a Memorandum of Agreement between NMFS, the sponsor
and the Federal agency. Although Federal and state agencies and
municipalities are eligible to be the recipient of funding, they are
encouraged to work in partnership with community groups. Successful
applicants will be those whose projects demonstrate that significant,
direct benefits are expected to NOAA trust resources within supportive,
involved communities. Proponents who seek funding under the Program are
not eligible to seek funding for the same project under other
Restoration Center programs. The Program operates under statutory
authority that precludes individuals from applying.
Eligible Restoration Activities
NMFS is interested in funding projects that will result in on-the-
ground restoration of habitat to benefit living marine resources,
including anadromous fish species. Habitat restoration is defined here
as activities that directly result in the reestablishment or re-
creation of stable, productive marine, estuarine or coastal river
biological systems. Restoration may include, but is not limited to:
improvement of coastal wetland tidal exchange or reestablishment of
historic hydrology, dam or berm removal, fish passageway improvements,
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 improvements of feeding, spawning and
growth areas essential to fisheries.
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 by anadromous fish. To protect the Federal investment,
projects on private lands must demonstrate a minimum 10-year
conservation easement. Projects on permanently protected lands may be
given priority consideration.
Projects must involve significant community support through an
educational and volunteer component tied to the restoration activities.
Implementation of on-the-ground habitat restoration projects must
involve community outreach and post-restoration monitoring to assess
project success, and may involve limited pre- implementation activities
such as engineering and design and short-term baseline studies.
Proposals emphasizing only research, outreach, monitoring or
coordination are discouraged, as are funding requests primarily for
administration, salaries, and overhead.
Although NMFS 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 corrections. Similarly, the following
restoration projects will not be eligible for funding: (1) Activities
that constitute legally required mitigation for the adverse effects of
an activity regulated or otherwise governed by 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 available to enhance restoration activities beyond
the scope legally required by these activities.
[[Page 53341]]
Examples of Previously Funded Projects
The following examples are community-based restoration projects
that have been funded with assistance from the Restoration Center.
These examples are only illustrative and are not intended to limit the
scope of future proposals in any way.
Submerged Aquatic Vegetation Restoration
Funding was provided to evaluate the feasibility of using volunteer
divers to restore seagrass. A protocol was developed to train
volunteers in water quality monitoring and seagrass transplantation
techniques.
Fish Ladder Construction
An impediment to fish passage was corrected through the design and
construction of a step-pool fish ladder, which now allows native
steelhead trout to reach their historic spawning grounds.
Invasive Plant Removal
Funding was provided to a coalition of volunteer groups called
``Pepperbusters'' who worked to remove exotic Brazilian pepper plants
and replant native shoreline vegetation.
Salt Marsh Restoration
Tidal flushing was restored to 20 acres of salt marsh by replacing
an undersized culvert to increase the mean high water level in the
restricted portion of the marsh.
Oyster Reef Restoration
Funding was provided to increase oyster reef habitat by
reconstructing historic reefs and seeding them with hatchery-produced
seed oysters grown in floating cages by students.
Kelp Forest Restoration
Funding was provided to train community dive groups in kelp
reforestation activities, including the preparation, planting and
maintenance of kelp sites, documentation of growth patterns and changes
in marine life attracted to the newly-planted kelp areas.
Wetland Plant Nursery
Funding was provided to start an innovative wetland nursery program
in local high schools, where science and ecology classes build wetland
nurseries on-campus to grow salt marsh grasses for local restoration
efforts.
Riparian Habitat Restoration
Funding was provided to train youth corps in the use of
biorestoration and stabilization techniques to restore eroding
riverbanks and improve habitat for salmon smolt and other fish species.
Anadromous Fish Habitat Restoration
Highly functional salmonid and wildlife habitat was restored with
the cooperation of private landowners by opening silted enclosures
along a slough to provide refuge for juvenile salmonids during the
winter flood flows.
Funding Ranges
NMFS anticipates that typical project awards will range from
$25,000 to $50,000, but NMFS will accept proposals ranging from $5,000
to $200,000. Final awards will be dependent on funding levels
appropriated by Congress. Each solicitation issued for pre-applications
for the Program will contain suggested ranges for funding requests and
any specific criteria, including the weighting of selection criteria
that will be used for proposal evaluation. The number of awards to be
made in FY 2000 and beyond will depend on the amount of funds
appropriated to the Program.
Funding Sources and Dispersal Mechanisms
The Restoration Center envisions funding projects through joint
project agreements, cooperative agreements and grants, and intra- and
interagency transfers, as appropriate.
The Secretary of Commerce has authority to enter into joint project
agreements with non-profit, research or public organizations on matters
of mutual interest, the cost of which is equitably apportioned. The
principal purpose of a joint project agreement is to engage in a
collaborative and equitably apportioned effort with a qualified
organization on matters of mutual interest.
Interagency agreements are written documents containing specific
provisions of governing authorities, responsibilities, and funding,
entered into between NMFS and a reimbursing Federal agency or between
another Federal agency and NMFS when NMFS is the funding organization.
Such agreements will also require inclusion of a local sponsor of the
restoration project.
A cooperative agreement is a legal instrument reflecting a
relationship between NMFS and a recipient whenever (1) the principal
purpose of the relationship is to provide financial assistance to the
recipient and (2) substantial involvement is anticipated between NMFS
and the recipient during performance of the contemplated activity. A
grant is similar to a cooperative agreement, except that in the case of
grants, substantial involvement between NMFS and the recipient is not
anticipated during the performance of the contemplated activity.
Financial assistance is the transfer of money, property, services or
anything of value to a recipient in order to accomplish a public
purpose of support or stimulation which is authorized by Federal
statute.
The instrument chosen will be based on such factors as degree of
direct NOAA involvement with the project beyond the provision of
financial assistance, the proportion of funds invested in the project
by NOAA and the other organizations, and the efficiency of the
different mechanisms to achieve the Program's goals and objectives.
NMFS will determine which method is the most appropriate for funding
individual projects based on the specific circumstances of each
project.
NMFS reserves the right to fund individual projects directly, or
through partnership arrangements. The Program will continue to create
partnership arrangements at a national level with non-profit and other
organizations that have similar goals for improving fisheries habitat.
Partnerships are a key element that allow the Restoration Center to
significantly leverage the funding available for on-the-ground
restoration. Partnerships also encourage the sharing and distribution
of technical expertise, often improve relations between diverse
organizations with common goals, and allow NOAA to reach larger and
more diverse communities that have vested interests in fishery habitat
restoration.
The Restoration Center will also function in a clearinghouse
capacity to help develop and link high quality proposals for habitat
restoration with other potential funding sources whose evaluation
criteria contain similar specifications for habitat enhancement. This
will provide greater exposure for project ideas that increase the
chances for project proponents to secure funding.
Each year the Restoration Center Director will make a determination
of the proportion of the funds available to the Program that will be
obligated to national or regional partnerships and the proportion for
direct project solicitation. The proportion will be established
annually and will depend upon the amount of funds available from
partnership organizations for habitat restoration activities that meet
the goals and objectives of the Program, including the goal of funding
a broad array of projects over a wide geographic distribution.
[[Page 53342]]
Match and Use of Funds
The focus of the Program is to provide seed money to 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, proposals are required to demonstrate a
minimum non-Federal match (equitable share, in the case of a joint
project) of 50-percent of the total funds needed to complete the
proposed project. The Restoration Center may waive the requirement for
50-percent matching funds if the project meets the following three
requirements: (1) The project is judged be to be an outstanding match
with NMFS and Restoration Center objectives; (2) there is a critical
need to carry out the project in a timely fashion in order to benefit
NOAA trust resources; and (3) the project sponsor has attempted to
obtain matching funds but was unable to come up with the full 50-
percent minimum requirement. NOAA strongly encourages applicants to
leverage as much investment as possible. The degree to which cost-
sharing exceeds the minimum level may be taken into account in the
final selection of projects to be funded. 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 as matching funds.
Applicants are permitted to combine contributions from additional
project partners in order to meet the 50-percent required match
(equitable share, in the case of a joint project) for the project.
Applicants whose proposals are selected for funding will be obligated
to account for the amount of cost-share reflected in the proposal and
provide letters of commitment identifying and precisely specifying
match (or equitable share) to confirm stated contributions.
For each proposal accepted for funding one award will be made.
Funds awarded cannot necessarily pay for all the costs which the
recipient might incur in the course of carrying out the project.
Allowable costs are determined by reference to the Office of Management
and Budget 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, at least 75 percent of the total
salary request must be used to support staff accomplishing the
restoration work. Entertainment costs are an example of unallowable
costs. 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.
Project Selection Process
NOAA will publish, in the Federal Register, notifications
soliciting project proposals one or more times annually. Pre-proposals
submitted in response to these solicitation notices will be screened
for eligibility and conformance with the final program guidelines and
must achieve a minimum score based on the weighting of selection
criteria set forth within each solicitation. Pre-proposals will be
limited to 4 single-spaced, single-sided pages of 12 point type,
including an abstract of the work to be performed. An appendix, limited
to 2 pages, may be added to include maps, photographs, letters of
support or other supplementary information. Suggested pre-proposal
contents may be detailed in each solicitation, but are also summarized
as follows: (1) Project abstract that includes the applicant's name,
address and phone number, the Congressional district where the project
will occur, the amount of assistance requested, the various entities or
organizations that will be partners in the project, and any indication
of support from other organizations, and (2) a proposal narrative that
explains the relationship of the proposed restoration activity to the
criteria for project selection described in each Federal Register
notification, including the project's objectives, methodology and
anticipated results, degree of community involvement, and a plan for
evaluating project success. A detailed budget, while helpful in
evaluating the cost effectiveness of the project, is not required in a
pre-proposal, but the total amount of assistance requested is required.
Pre-proposals will be used to determine if applicants meet the
minimum Program requirements. Guidance will be provided as to the most
suitable funding mechanism that project proponents may pursue for
further consideration. Some of these proposals will be required to
submit additional information, which may require providing additional
information on budget details. Restoration projects determined to be
eligible by NOAA for funding under this program will undergo a
technical review, ranking and selection process. As appropriate during
this process, the NOAA Restoration Center will consult with other NMFS
and NOAA offices, the NOAA Grants 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, private and public sector subject
experts or other interested parties who have knowledge of a specific
project or its subject matter. The NOAA Restoration Center will solicit
individual technical evaluations of each project. Recommendations on
the merits of funding each project and the level of funding NMFS should
award will be presented to the Director of the NOAA Restoration Center
for final approval. Reviewers will assign scores to proposals ranging
from 0 (unacceptable) to 100 (excellent) based on the following four
evaluation criteria:
(1) Benefit to NOAA Trust Resources
NMFS is interested in funding projects where benefits to living
marine resources can be realized. Therefore, NMFS will evaluate
proposals based on the potential of the restoration project to restore,
protect, conserve, and create habitats and ecosystems vital to self-
sustaining populations of living marine resources under NOAA Fisheries
stewardship. Locations where restoration projects may have high
potential to benefit NOAA trust resources include areas identified as
essential fish habitat (EFH) and areas within EFH identified as Habitat
Areas of Particular Concern; areas identified as critical habitat for
listed marine and anadromous species; areas identified as important
habitat for marine mammals; areas located within National Marine
Sanctuaries or National Estuarine Research Reserves; watersheds or
other areas under conservation management, such as special management
areas under state coastal management programs; and other important
commercial or recreational marine fish habitat, including degraded
areas that formerly were important habitat for living marine resources.
(2) Technical Merit and Adequacy of Implementation Plan
Proposals will be evaluated on the technical feasibility of the
project from both biological and engineering perspectives, and the
qualifications and past experience of the project leaders and/or
partners. 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 the
availability of technical expertise to guide the
[[Page 53343]]
project to a successful completion. Proposals will also be evaluated on
their ability to: (a) Deliver the restoration objective stated in the
proposal; (b) provide educational benefits; (c) incorporate post-
restoration monitoring and assessment of project success in terms of
meeting the proposed objectives; (d) demonstrate that the restoration
activity will be sustainable and long-lasting;(e) demonstrate that
implementation of the project will meet all state environmental laws
and Federal consistency requirements by obtaining or proceeding to
obtain applicable permits and consultations; and (f) provide mid-term
and final project reports, including photo-documentation of the project
site and restoration activities.
(3) Community Commitment and Partnership Development
Proposals will be evaluated on how well they describe the depth and
breadth of the community's support. Projects must incorporate
significant community involvement, which may include: (a) Hands-on
training and restoration activities undertaken by volunteer students
and other citizens; (b) input from local entities such as businesses,
conservation organizations and others, either through in-kind goods and
services (earth moving, technical expertise, easements) or cash
contributions; (c) visibility within the community and demonstrated
potential for public outreach and/or outreach products, including, but
not limited to, an educational sign/poster at the project site,
compilation of protocols into training manuals, guides, brochures, or
videos; (d) cooperation with private landowners that set an example
within the community for natural resource conservation; (e) support by
state and local governments; (f) representation of those within the
community who have an interest in or are affected by the project and
seek the benefits of the restoration; (g) ability to achieve long-term
stewardship for restored resources and generate a community
conservation ethic; and/or (h) description of methods to assure that
all residents or citizens affected by the project are provided an
opportunity to participate.
(4) Cost-effectiveness and Budget Justification
Projects will be evaluated on their ability to demonstrate that a
significant benefit will be generated for the most reasonable cost; on
their importance to NOAA trust resources; the extent of habitat and
degree to which it will be restored; and on their demonstration of
partnership and collaboration. Projects will also be ranked in terms of
their need for funding and the ability of NMFS to act as a catalyst to
implement projects. NMFS will require cost-sharing to leverage funding
and to encourage partnerships among government, industry, and academia
to address the needs of communities to restore important fisheries
habitat. Applicants submitting full proposals must include a detailed
cost estimate showing a breakdown of total project costs. Cost-sharing
must be indicated as Federal and non-Federal shares, divided into cash
and in-kind contributions, and must be accompanied by commitment
letters. The exact amount of funds awarded to a project and the funding
instrument will be determined in pre-award negotiations between the
applicant and NOAA/NMFS representatives. The application requirements
will differ depending upon the funding instrument selected. Projects
receiving funds under this program will have to meet applicable NOAA/
Department of Commerce/Federal policies, requirements and laws.
NMFS is particularly interested in comments on the following:
Are there additional criteria for proposal evaluation that should
be included? Are there criteria that should be excluded?
Should the evaluation criteria listed above receive equal or
different weighting during evaluation, and why?
Statutory Authority
Fish and Wildlife Coordination Act of 1956, 16 U.S.C. 661-667;
Joint Project Authority, 15 U.S.C. 1525, and the Economy Act, 31 U.S.C.
1535.
Dated: September 27, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-25641 Filed 9-30-99; 8:45 am]
BILLING CODE 3510-22-F
