[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.D[email protected].

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