[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25674]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940972-4272; I.D. 101194A]
RIN 0648-ZA09

 

Financial Assistance for Research and Development Projects to 
Strengthen and Develop the U.S. Fishing Industry

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

ACTION: Notice of availability of Federal assistance.

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SUMMARY: NMFS issues this notice describing the conditions under which 
applications will be accepted under the Saltonstall-Kennedy (S-K) Grant 
Program and how NMFS will select applications for funding in FY 1995. 
The S-K Grant Program assists eligible applicants in carrying out 
research and development projects that address aspects of U.S. 
fisheries involving the U.S. fishing industry (commercial or 
recreational) including, but not limited to, harvesting, processing, 
marketing, and associated infrastructures.

DATES: Applications must be received by December 19, 1994. Applicants 
must submit one signed original and two copies of the completed 
application. No facsimile applications will be accepted. Generally, the 
time required to process applications is 120 days from the closing date 
of the solicitation.

ADDRESSES: Application packages can be obtained from, and completed 
applications sent to any office listed below.
    Director, Office of Trade and Industry Services, National Marine 
Fisheries Service, 1315 East-West Highway, Room 12660, Silver Spring, 
MD 20910, Telephone: (301) 713-2358.
    Regional Director, National Marine Fisheries Service, One Blackburn 
Drive, Gloucester, MA 01930, Telephone: (508) 281-9267.
    Regional Director, National Marine Fisheries Service, Koger Bldg., 
9721 Executive Center Drive, North, St. Petersburg, FL 33702, 
Telephone: (813) 893-3720.
    Regional Director, National Marine Fisheries Service, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, Telephone: 
(310) 980-4033.
    Regional Director, National Marine Fisheries Service, BIN C15700, 
7600 Sand Point Way, N.E., Seattle, WA 98115, Telephone: (206) 526-
6117.
    Regional Director, National Marine Fisheries Service, P.O. Box 
21668, Juneau, AK 99802, or Federal Building, 709 W. 9th Street, 4th 
Floor, Juneau, AK 99801, Telephone: (907) 586-7425.

FOR FURTHER INFORMATION CONTACT: Elizabeth Lu Cano, S-K Program Office, 
NMFS, (301) 713-2358.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Background

    The Saltonstall-Kennedy (S-K) Act, as amended (15 U.S.C. 713c-3), 
provides that a fund (known as the S-K fund) will be used to provide 
grants for fisheries research and development projects. The Secretary 
of Commerce makes such funds, as appropriated, available each year for 
grants and cooperative agreements to assist persons in carrying out 
research and development projects that address aspects of U.S. 
commercial and recreational fisheries, including, but not limited to 
harvesting, processing, marketing, and associated infrastructures. U.S. 
fisheries\1\ include any fishery that is or may be engaged in by U.S. 
citizens or nationals, or citizens of the Northern Mariana Islands, the 
Republic of the Marshall Islands, Republic of Palau, and the Federated 
States of Micronesia.
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    \1\For purposes of this notice, a fishery is defined as one or 
more stocks of fish, including tuna, and shellfish that are 
identified as a unit based on geographic, scientific, technical, 
recreational and economic characteristics, and any and all phases of 
fishing for such stocks. Examples of a fishery are Alaskan 
groundfish, Pacific whiting, and New England whiting.
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    Passage of the Magnuson Fishery Conservation and Management Act in 
1976 gave the domestic fishing industry priority access to the fishery 
resources in the U.S. Exclusive Economic Zone (EEZ) while restricting 
the direct participation by foreign harvesting and processing vessels. 
In 1979, a Prospectus for Development of the United States Fisheries 
was prepared for the Department of Commerce to support its efforts 
concerning policy for strengthening the Nation's seafood industry. The 
prospectus concluded that significant benefits would be gained by 
society from developing underutilized fish and shellfish resources 
available within the EEZ, and that Federal Government support was 
needed to realize such benefits.
    In May 1979, the Carter Administration adopted a fisheries 
development policy and program that advocated a government/industry 
partnership for the accelerated development of U.S. fisheries. In 
support of that policy, the Congress passed the American Fisheries 
Promotion Act in December 1980 which authorized the S-K Grant Program.
    The initial focus of the S-K Grant Program, consistent with its 
legislative mandate, was on development of nontraditional species, such 
as North Pacific groundfish and East Coast squid. In the ensuing years, 
as most nontraditional species were fully developed and traditional 
fisheries became overfished, S-K program priorities evolved to include 
a wide range of resource conservation and management issues and 
aquaculture.
    In 1993, NOAA developed a long-range Strategic Plan that included a 
focus on rebuilding U.S. fisheries for sustainable use. By addressing 
such issues as overfishing and wasteful bycatch of nontarget species, 
optimum utilization, and development of aquaculture, NOAA will assist 
the fishing industry in remaining competitive while supporting 
sustainable and healthy fisheries. This Strategic Plan, along with 
input from the public, has guided the development of the priorities 
contained in this solicitation notice.

B. Funding

    NMFS issues this notice to solicit applications for Federal 
assistance, pursuant to 15 U.S.C. 713c-3(c), describing the conditions 
under which applications will be accepted under the S-K Grant Program 
and how NMFS will select the applications it will fund.
    In FY 1995, funding for the S-K Program will be approximately $7.1 
million.

C. Catalogue of Federal Domestic Assistance

    The S-K Grant Program is listed in the Catalogue of Federal 
Domestic Assistance under number 11.427, Fisheries Development and 
Utilization Research and Demonstration Grants and Cooperative 
Agreements Program.

II. Funding Priorities

    The priorities listed below are fewer in number and more general in 
scope than in previous years. Past solicitations defined priorities 
with a high degree of precision in an attempt to focus narrowly 
potential applications. The priorities contained in this solicitation 
are intended to provide potential applicants with a general sense of 
program focus and are not intended to limit or further constrain the 
development of proposals by potential applicants.
    If proposals received do not adequately respond to these 
priorities, NMFS may carry out a national program of research and 
development addressed to aspects of U.S. fisheries pursuant to section 
713c-3(d) of the S-K Act, as amended.
    Proposals submitted in response to the priorities must build upon 
or take into account any past and current work in the area, as well as 
relevant research in related fields. Information on ongoing and past 
studies is available from NMFS at addresses listed.
    Funding will not be provided for projects primarily involving 
infrastructure construction, port and harbor development, and start-up 
or operational costs for private business ventures.
    Consideration will be given to applications that address the 
following priorities, which are listed in no particular order.

A. Optimum Utilization of Harvestable Marine Resources

    Develop innovative approaches for deriving optimum value from 
harvestable marine resources available to the fishing industry while 
creating sustainable economic development opportunities. These may 
include new or improved product/byproduct development, value-added 
processing technology, and processing or marketing strategies and 
infrastructures.

B. Sustainable Resource Recovery and Conservation

1. Bycatch.
    Develop methods for eliminating or reducing the inadvertent take, 
capture, or destruction of nontargeted, protected, or prohibited 
species (e.g., juvenile or sublegal-sized fish and shellfish, females 
of certain crabs, marine turtles, marine mammals) in fishing operations 
through the technical development, demonstration, or evaluation of 
fishing gear or harvesting strategies.
2. Fisheries Management
    Conduct biological, economic, social, and other studies to improve 
fisheries management, including but not limited to, assessment of 
alternative management systems and resolution of user conflicts. 
Projects primarily involving data collection should be directed to a 
specific problem or need, and be of a fixed duration, not of a 
continuing nature.

C. Aquaculture

    Develop or demonstrate cost-effective approaches for advancing 
environmentally sound private aquaculture development, including those 
associated with culturing systems, disease control, and regulatory 
requirements.

D. Product Quality and Safety

    Develop improved approaches to control seafood processing and 
environmentally induced hazards associated with fish and shellfish and 
their products.

III. How To Apply

A. Eligible Applicants

    Applications for grants or cooperative agreements for fisheries 
research and development projects may be made, in accordance with the 
procedures set forth in this notice, by:
    1. Any individual who is a citizen or national of the United 
States;
    2. Any individual who is a citizen of the Northern Mariana Islands 
(NMI), being an individual who qualifies as such under section 8 of the 
Schedule on Transitional Matters attached to the constitution of the 
NMI;
    3. Any individual who is a citizen of the Republic of the Marshall 
Islands, Republic of Palau, or the Federated States of Micronesia; or
    4. Any corporation, partnership, association, or other entity, non-
profit or otherwise, if such entity is a citizen of the United States 
within the meaning of section 2 of the Shipping Act, 1916, as amended 
(46 App. U.S.C. 802).
    DOC/NOAA/NMFS are committed to cultural and gender diversity in 
their programs and encourage women and minority individuals and groups 
to submit applications. Recognizing the interest of the Secretaries of 
Commerce and Interior in defining appropriate fisheries policies and 
programs that meet the needs of the U.S. insular areas, applications 
that meet such needs are also encouraged.
    DOC/NOAA/NMFS employees, including full-time, part-time, and 
intermittent personnel (or their spouses or blood relatives who are 
members of their immediate households) are not eligible to submit an 
application under this solicitation or aid in the preparation of an 
application, except to provide information on program goals, funding 
priorities, application procedures, and completion of application 
forms. Since this is a competitive program, assistance will not be 
provided in conceptualizing, developing, or structuring competitive 
proposals.

B. Duration and Terms of Funding.

    Generally, grants or cooperative agreements are awarded for a 
period of 1 year, but no more than 18 months at a time.
    If an application for an award is selected for funding, NMFS has no 
obligation to provide any additional prospective funding in connection 
with that award. Renewal of an award to increase funding or extend the 
period of performance is at the total discretion of the agency.
    Publication of this announcement does not obligate NMFS to award 
any specific grant or cooperative agreement or to obligate any part or 
the entire amount of funds available.

C. Cost-Sharing.

    Although the S-K Act, as amended, does not require that applicants 
share in the total costs of a project, it is encouraged. Cost-sharing 
will not be a factor in the technical evaluation of an application. 
However, the degree of cost-sharing may be taken into account in the 
final selection of projects to be funded. If applicants choose to cost-
share, and if their applications are selected for funding, those 
applicants will be obligated to account for the amount of cost-share 
reflected in the award documents.
    If project costs are shared, NMFS must provide at least 50 percent 
of total project costs, as provided by statute. The percentage of the 
total project costs provided from non-Federal sources may be up to 50 
percent of the costs of the project. The non-Federal share may include 
funds received from private sources or from state or local governments 
or the value of in-kind contributions. Federal funds may not be used to 
meet the non-Federal share except as provided by Federal statute. In-
kind contributions are noncash contributions provided by the applicant 
or non-Federal third parties. In-kind contributions may be in the form 
of, but are not limited to, personal services rendered in carrying out 
functions related to the project, and permission to use real or 
personal property owned by others (for which consideration is not 
required) in carrying out the project.
    The appropriateness of all cost-sharing proposals, including the 
valuation of in-kind contributions, will be determined on the basis of 
guidance provided in the relevant Office of Management and Budget (OMB) 
Circulars. In general, the value of in-kind services or property used 
to fulfill the applicant's cost-share will be the fair market value of 
the services or property. Thus, the value is equivalent to the costs of 
obtaining such services or property if they had not been donated. 
Appropriate documentation must exist to support in-kind services or 
property used to fulfill the applicant's cost-share.

D. Format

    Applications for project funding must be complete. They must 
identify the principal participants and include copies of any 
agreements between the participants and the applicant describing the 
specific tasks to be performed. Project applications must identify the 
specific priority(ies) contained in section II of this document to 
which the application responds. If an application does not respond to a 
priority, it should be so stated. Project applications must be clearly 
and completely submitted in the format that follows.
1. Cover Sheet
    An applicant must use OMB Standard Form 424 (4-92) as the cover 
sheet for each project. (In completing item 16 of Standard Form 424, 
see section V.A.5. of this notice.)
2. Project Summary
    An applicant must complete NOAA Form 88-204 (10-92), Project 
Summary, for each project.
3. Project Budget
    A budget must be submitted for each project, using NOAA Form 88-205 
(10-92), Project Budget. The applicants must submit cost estimates 
showing total project costs. Cost-sharing is discretionary, but if 
applicants choose to cost share, both the Federal and non-Federal 
shares must be shown, divided into cash and in-kind contributions. To 
support the budget, the applicant must describe briefly the basis for 
estimating the value of the matching funds derived from in-kind 
contributions. Estimates of the direct costs must be specified in the 
categories listed on the Project Budget form. The budget may also 
include an amount for indirect costs if the applicant has an 
established indirect cost rate with the Federal Government. Estimated 
or provisional indirect cost rates may be included pending approval of 
negotiated Federal indirect cost rates by the applicant's cognizant 
agency. However, this program limits the indirect cost rate that may be 
charged to 25 percent of the Federal share of total direct costs or the 
applicant's negotiated indirect cost rate, whichever is less. 
Applicants with indirect cost rates above 25 percent of the Federal 
share may use the amount above the 25 percent level as part of the non-
Federal share. A copy of the current, approved, negotiated indirect 
cost agreement with the Federal Government must be included.
    NOAA will not consider fees or profits as allowable costs for 
applicants.
    The total costs of a project consist of all costs incurred in the 
performance of project tasks, including the value of in-kind 
contributions, to accomplish the objectives of the project during the 
period the project is conducted. A project begins on the effective date 
of an award agreement between the applicant and an authorized 
representative of the U.S. Government and ends on the date specified in 
the award. Accordingly, the time expended and costs incurred in either 
the development of a project or the financial assistance application, 
or in any subsequent discussions or negotiations prior to award, are 
neither reimbursable nor recognizable as part of the cost-share.
4. Narrative Project Description
    As a guideline, the narrative project description may be up to 15 
pages in length. NMFS will make all portions of the project description 
available to the public and members of the fishing industry for review 
and comment; therefore, NMFS will not guarantee the confidentiality of 
any information submitted as part of any project, nor will NMFS accept 
for consideration any project requesting confidentiality of any part of 
the project. Each project must be described as follows:
    a. Identification of Problem(s): For new projects, identify and 
completely describe the problem(s) the project addresses. As 
appropriate, in this description include: (1) The fisheries involved, 
(2) the specific problem(s) being addressed, (3) the sectors of the 
fishing industry that are affected, and (4) the specific priority(ies) 
to which the project responds. If the application is for the 
continuation of an existing S-K funded project, describe in detail 
progress to date and explain why continued funding is necessary.
    b. Project Goals and Objectives: State what the proposed project is 
expected to accomplish, and describe how this will eliminate or reduce 
the problem(s) described in 4.a. above.
    c. Need for Government Financial Assistance: Explain why government 
financial assistance is needed for the proposed work. List all other 
sources of funding that are being or have been sought for the project.
    d. Participation by Persons or Groups Other Than the Applicant: 
Describe: (1) The participation by government and non-government 
entities, particularly members of the fishing industry, required in the 
project(s); and (2) the nature of such participation. In addition, list 
names and addresses of the members of the fishing industry consulted 
during the preparation of the project description.
    e. Federal, State, and Local Government Activities and Permits: 
List any existing Federal, state, or local government programs or 
activities that this project would affect, including activities 
requiring certification under state Coastal Zone Management Programs, 
those requiring Section 404 or Section 10 permits issued by the Corps 
of Engineers, those requiring experimental fishing or other permits 
under fishery management plans, and those requiring scientific permits 
under the Endangered Species Act and/or the Marine Mammal Protection 
Act. Describe the relationship between the project and these plans or 
activities, and list names and addresses of persons providing this 
information.
    f. Project Statement of Work: The statement of work is an action 
plan of activities to be conducted during the period of the project. 
This section requires the applicant to prepare a detailed narrative, 
fully describing the work to be performed that will achieve the 
previously articulated goals and objectives. A milestone chart that 
outlines major goals, supporting work activities, timeframe, and 
individuals responsible for various work activities must be included. 
The narrative should include information that responds to the following 
questions:
    (1) How will the project be designed?
    (2) What major products (e.g., research, services, or reports) will 
result and what are their specific purposes?
    (3) What work, activities, procedures, statistical design or 
analytical methods (be as specific as possible) will be undertaken to 
produce major products?
    (4) Who will be responsible for carrying out the various 
activities? (Highlight work that will be subcontracted and provisions 
for competitive subcontracting.)
    The milestone chart should graphically illustrate:
    (1) Steps to accomplish the major products, research, services and/
or activities;
    (2) Supporting activities and associated timelines, e.g., month 1, 
month 2; and
    (3) The individual(s) responsible for the various activities.
    Because this information is critical to understanding and reviewing 
the application, NMFS encourages applicants to provide sufficient 
detail. Applications lacking sufficient detail may be eliminated from 
further consideration.
    g. Project Management: Describe how the project will be organized 
and managed. List all persons directly employed by the applicant who 
will be involved in the project, their qualifications, experience, and 
level of involvement in the project. If any portion of the project will 
be conducted through consultants and/or subcontracts, applicants, as 
appropriate, must follow procurement guidance in 15 CFR part 24, 
``Grants and Cooperative Agreements to State and Local Governments,'' 
and OMB Circular A-110 for Institutions of Higher Education, Hospitals, 
and other Non-profit Organizations. Commercial organizations and 
individuals who apply should use OMB Circular A-110. If a consultant 
and/or subcontractor is selected prior to application submission, 
include the name and qualifications of the consultant and/or 
subcontractor and the process used for selection.
    h. Project Impacts: Describe the anticipated impacts of the project 
in terms of landings, production, sales, improvement in product quality 
or safety, or other measurable factors. Describe how the results of the 
project will be made available to the public.
    i. Evaluation of Project: Describe the procedures for evaluating 
the relative success or failure of a project in achieving its 
objectives.
5. Supporting Documentation:
    This section should include any required documents and any 
additional information necessary or useful to the description of the 
project. The amount of information given in this section will depend on 
the type of project proposed. Information presented in this section 
should be clearly referenced in the project description, where 
appropriate.

IV. Evaluation Criteria and Selection Procedures

A. Evaluation of Proposed Projects

1. Initial Screening of Applications
    Upon receipt NMFS will screen applications for conformance with 
requirements set forth in this notice. Applications which do not 
conform to the requirements may not be considered for further 
evaluation.
2. Consultation With Interested Parties
    As appropriate, NMFS will consult with NMFS Offices, the NOAA 
Grants Management Division, Department and other Federal and state 
agencies, the Regional Fishery Management Councils, and other 
interested parties who may be affected by or have knowledge of a 
specific proposal or its subject matter.
3. Public Review and Comment
    Applications that are regional in nature may be inspected at the 
appropriate regional office (see ADDRESSES). All applications will be 
available for inspection at the NMFS Office of Trade and Industry 
Services, 1315 East-West Highway, Room 12550, Silver Spring, MD, from 
December 27, 1994 to January 6, 1995. Written comments will be accepted 
at the Silver Spring, MD office or at a regional office until January 
6, 1995.
4. Technical Evaluation
    NMFS will solicit individual written technical evaluations of each 
project application from three or more appropriate private and public 
sector experts. Point scores will be given to project applications 
based on the following evaluation criteria:
    a. Problem Description and Conceptual Approach for Resolution. Both 
the applicant's comprehension of the problem(s) and the overall concept 
proposed to resolve the problem(s) will be evaluated. (25 points).
    b. Soundness of Project Design/Technical Approach. Applications 
will be evaluated to determine whether or not the applicant provided 
sufficient information to evaluate the project technically and, if so, 
the strengths and/or weaknesses of the technical design proposed for 
problem resolution. (25 points).
    c. Project Management and Experience and Qualifications of 
Personnel. The organization and management of the project, and the 
project's Principal Investigator and other personnel in terms of 
related experience and qualifications will be evaluated. Those projects 
that do not identify the Principal Investigator with his or her 
qualifications will receive a lower point score. (20 points).
    d. Project Evaluation. The effectiveness of the applicant's 
proposed methods to evaluate the project in terms of meeting its 
original objectives will be evaluated. (10 points).
    e. Project Costs. The justification and allocation of the budget in 
terms of the work to be performed will be evaluated. Unreasonably high 
or low project costs will be taken into account. (20 points).
    f. In addition to the above criteria, in reviewing applications 
that include consultants and contracts, NMFS will make a determination 
regarding the following:
    (1) Is the involvement of the primary applicant necessary to the 
conduct of the project and the accomplishment of its objectives?
    (2) Is the proposed allocation of the primary applicant's time 
reasonable and commensurate with the applicant's involvement in the 
project?
    (3) Are the proposed costs for the primary applicant's involvement 
in the project reasonable and commensurate with the benefits to be 
derived from the applicant's participation?
5. Technical Panel
    Upon completion of the initial screening of applications, 
consultations with interested parties, the public review and the 
written technical evaluations, if deemed necessary, NMFS may convene a 
panel of three or more technical experts to provide independent advice 
as to which proposals have sufficient scientific and technical merit to 
be further considered.
6. Constituent Panel
    After the technical evaluation(s), comments will be solicited from 
a panel of three or more representatives selected by the Assistant 
Administrator for Fisheries, NOAA (AA), from the fishing industry, 
state government, and others, as appropriate, to rank the projects. 
Considered in the rankings, along with the technical evaluation, will 
be the significance of the problem or opportunities addressed in the 
project. Each panelist will rank each project in terms of importance or 
need for funding and provide recommendations on the level of funding 
NMFS should award to each project and the merits and benefits of 
funding each project.

B. Selection Procedures and Project Funding

    After projects have been evaluated and ranked, the reviewing NMFS 
offices will develop recommendations for project funding. These 
recommendations will be submitted to the AA who will determine the 
projects to be funded, ensuring that there is no duplication with other 
projects funded by NOAA or other Federal organizations, and that the 
projects selected for funding are those that best meet the objectives 
of the S-K Grant Program.
    The exact amount of funds awarded to a project will be determined 
in preaward negotiations between the applicant and NOAA/NMFS program 
and grants management representatives. The funding instrument (grant or 
cooperative agreement) will be determined by the NOAA Grants Management 
Division. Projects should not be initiated in expectation of Federal 
funding until a notice of award document is received.

V. Administrative Requirements

A. Obligation of the Applicant

    An Applicant must:
    1. Meet all application requirements and provide all information 
necessary for the evaluation of the project.
    2. Be available, upon request, in person or by designated 
representative, to respond to questions during the review and 
evaluation of the project(s).
    3. Primary Applicant Certification. Applicants whose applications 
are recommended for funding will be required to complete Form CD-511, 
``Certification Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and 
Lobbying,'' and the following explanations are hereby provided:
    a. Nonprocurement Debarment and Suspension. Prospective 
participants (as defined at 15 CFR part 26, section 105) are subject to 
15 CFR part 26, ``Nonprocurement Debarment and Suspension'' and the 
related section of the certification form prescribed above applies;
    b. Drug-Free Workplace. Grantees (as defined at 15 CFR part 26, 
section 605) are subject to 15 CFR part 26, subpart F, ``Governmentwide 
Requirements for Drug-Free Workplace (Grants),'' and the related 
section of the certification form prescribed above applies;
    c. Anti-Lobbying. Persons (as defined at 15 CFR part 28, section 
105) are subject to the lobbying provisions 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, and contracts for more than 
$100,000, and loans and loan guarantees for more than $150,000, or the 
single family maximum mortgage limit for affected programs, whichever 
is greater; and
    d. Anti-Lobbying Disclosures. Any applicant who has paid or will 
pay for lobbying using any funds must submit an SF-LLL, ``Disclosure of 
Lobbying Activities,'' as required under 15 CFR part 28, appendix B.
    4. Lower Tier Certifications. Applicants whose applications are 
recommended for funding 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 the Department of Commerce (DOC). SF-LLL submitted by 
any tier recipient or subrecipient should be submitted to DOC in 
accordance with the instructions contained in the award document.
    All required forms discussed in sections V.A.3. and 4. will be 
provided to successful applicants.
    5. Intergovernmental Review of Federal Programs. This program is 
covered by E.O. 12372. Any applicant submitting an application for 
funding is required to complete item 16 on Standard Form 424 (4-92) 
regarding clearance by the State Point Of Contact (SPOC) established as 
a result of E.O. 12372. A list of SPOCs may be obtained from any of the 
NMFS offices listed in this notice (see ADDRESSES).

B. Other Requirements

1. 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.
2. Name Check Review
    All recipients are subject to a name check review process. Name 
checks are intended to reveal if any key individuals associated with 
the recipient have been convicted of, or are presently facing, criminal 
charges such as fraud, theft, perjury, or other matters that 
significantly reflect on the recipient's management, honesty, or 
financial integrity.
3. Financial Management Certification/Preaward Accounting Survey
    Successful applicants for S-K funding, at the discretion of the 
NOAA Grants Officer, may be required to have their financial management 
systems certified by an independent public accountant as being in 
compliance with Federal standards specified in the applicable OMB 
Circulars prior to execution of the award. Any first-time applicant for 
Federal grant funds may be subject to a preaward accounting survey by 
the DOC prior to execution of the award.
4. Past Performance
    Unsatisfactory performance under prior Federal awards may result in 
an application not being considered for funding.
5. Delinquent Federal Debts
    No award of Federal funds shall be made to an applicant who has an 
outstanding delinquent Federal debt until either:
    a. The delinquent account is paid in full,
    b. A negotiated repayment schedule is established and at least one 
payment is received, or
    c. Other arrangements satisfactory to DOC are made.
6. Buy American-Made Equipment or Products
    Applicants are hereby notified that they are encouraged, to the 
extent feasible, to purchase American-made equipment and products with 
funding under this program in accordance with Congressional intent as 
set forth in the resolution contained in Public Law 103-317, sections 
607 (a) and (b).
7. Preaward 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 may have been 
received, there is no obligation on the part of DOC to cover preaward 
costs.
8. 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 (18 U.S.C. 1001).

Classification

    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs.''
    This notice contains a collection-of-information requirement 
subject to the Paperwork Reduction Act. The collection of this 
information has been approved by the OMB, OMB control number 0648-0135.
    A notice of availability of financial assistance for fisheries 
research and development projects will also appear in the Commerce 
Business Daily.

    Dated: October 12, 1994.
Gary Matlock,
Program Management Officer for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-25674 Filed 10-17-94; 8:45 am]
BILLING CODE 3510-22-W