[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Pages 16890-16894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7919]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 990907250-0062-02; I.D. 063099B]
RIN 0648-ZA70


Community-based Restoration Program Guidelines

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

ACTION: Notification of Program Guidelines.

-----------------------------------------------------------------------

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 83 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 has developed formal guidelines that will expand the financial 
instruments available to accomplish furtherance of this mission. This 
announcement provides program guidelines for the implementation of the 
Program in FY 2000 and beyond, which incorporates comments by the 
public and NOAA. This is not a solicitation of project proposals.

DATES: Guidelines are effective March 30, 2000.

ADDRESSES: Send comments to Director, NOAA Restoration Center, National 
Marine Fisheries Service, 1315 East West Highway (F/HC3), Silver 
Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Christopher D. Doley, (301) 713-0174, 
or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Details concerning the justification for and 
development of this notification are provided at 64 FR 53339, October 
1, 1999, and are repeated here. In that document, comments were sought 
on modifications to the Program that would allow greater flexibility to 
support community-based habitat restoration projects.

Comments and Responses

    Comments were few, and all commenters supported the proposed 
modifications to the existing Program. Comments consisted of minor 
additions of explanatory detail or minor changes of word choices to 
clarify points. A summary of the comments and description of changes 
made to the proposed guidelines follows:
    The eligibility requirements section was reworded to clarify that 
Federal agencies may be designated by a project sponsor as recipients 
of funding for selected projects, but may not apply for funding 
directly. To protect the Federal investment, projects on private lands 
will need to provide assurance that the project will remain intact 
throughout the useful life of the project, instead of the proposed 
rule's requirement that project proponents demonstrate a minimum 10-
year conservation easement. Partnership arrangements will be pursued on 
a national level, as well as on a broad-based geographic and regional 
level, to be more inclusive. Text on pre-application format and process 
and on full proposal cost estimate requirements was deleted, as this 
information is presented in great detail in the NOAA grants application 
package available to all applicants and discussed in solicitations. 
Under ``evaluation criteria'', item number 3, Community Commitment and 
Partnership Development, the text ``qualified youth conservation or 
service corps'' has been added as an example of significant community 
involvement. And finally, to address environmental justice concerns 
expressed by one commenter and assure that all residents and citizens 
affected by the project have the opportunity to participate, under 
``evaluation criteria,'' text was added to state that proposed projects 
may be evaluated on their ability to demonstrate that they are 
incorporated into a regional or community planning process.

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 to 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 guidelines that follow reflect modifications to the Program 
that 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 for 
implementation in FY 2000 and beyond. The Program will provide Federal 
Register notifications on the availability of funds and will solicit 
project proposals once a year, or more. Each solicitation will provide 
detail on the criteria for project selection and/or on the weighting of 
the criteria.

Electronic Access

    Information on the Program, including partnerships and projects 
that have been funded to date, can be found on the world wide web at: 
http://www.nmfs.gov/habitat/restoration.

[[Page 16891]]

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, 
and 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 national and local 
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 among NMFS, the sponsor, and 
the Federal agency. Federal agencies are not eligible to apply for 
funding; however, they are encouraged to work in partnership with state 
agencies, municipalities, and 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 such habitats 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 need to provide assurance that the project 
will be maintained for its intended purpose for the useful life of the 
project. Projects on permanently protected lands may be given priority 
consideration.
    Projects must involve significant community support through an 
educational and/or volunteer component tied to the restoration 
activities. Implementation of on-the-ground habitat restoration 
projects must involve community outreach and 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, overhead, and travel.
    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 sought to enhance restoration activities beyond the 
scope legally required by these activities.

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

[[Page 16892]]

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 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 under this program 
is to engage in a collaborative and equitably apportioned effort with a 
qualified organization on matters of mutual interest.
    For purposes of this Program, 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 or broad-based, geographic or 
regional level with non-profit and other organizations that have 
similar goals for improving fisheries habitat. Partnerships are a key 
element that allows 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 determine the 
proportion of the funds available to the Program that will be obligated 
to national or broad-based, geographic 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.

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 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.

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 1:1 non-Federal match (equitable share, in the case of a joint 
project) for CRP funds requested to complete the proposed project. The 
Restoration Center may waive the requirement for 1:1 matching funds if 
the project meets the following three requirements: (1) The project is 
judged 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 1:1 minimum match required. 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 1:1 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 
may be asked to 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 for grants and cooperative agreements are determined by 
reference to the Office of Management and Budget Circulars A-122, 
``Cost Principles for Non-profit

[[Page 16893]]

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 reasonable, 
allowable, and allocable. 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 letters of intent and project proposals once a year or more. 
Letters of intent submitted in response to these solicitation notices, 
when required, will be screened for eligibility and conformance with 
the Program guidelines, and guidance will be provided as to the most 
suitable funding mechanism that project proponents may pursue for 
further consideration. Applicants providing full proposals for 
financial assistance will be asked to follow standard NOAA Grants 
procedures. Full proposals will be screened to determine whether 
applicants meet the minimum Program requirements, and eligible 
restoration projects 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 and may consult with other NMFS and NOAA offices, the NOAA 
Grants Management Division, the U.S. Department of Commerce, the 
Regional Fishery Management Councils, such other Federal and state 
agencies as state coastal management agencies and state fish and 
wildlife agencies, and private and public sector subject experts or 
other interested parties, such as potential partners who have knowledge 
of a specific project or its subject matter. Reviews will be 
consolidated, and 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 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 on 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 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) provide assurance 
that implementation of the project will meet all Federal and 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 the following: (a) 
Hands-on training and restoration activities undertaken by volunteer 
students, qualified youth conservation or service corps, or 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) ability of a project to demonstrate that 
it is incorporated into a regional or community planning process or 
otherwise 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 (a) their ability to demonstrate that 
a significant benefit will be generated for the most reasonable cost; 
(b) their importance to living marine resources under NOAA stewardship; 
(c) the extent of habitat and degree to which it will be restored; and 
(d) 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.
    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

[[Page 16894]]

application and reporting 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.

Administrative Procedure Act

    Prior notice and an opportunity for public comments are not 
required by the Administrative Procedure Act, (5 U.S.C. sec. 553), 
because these are agency guidelines. Because NMFS was interested in 
receiving comments on modifications to the Program that would allow 
greater flexibility to support community-based habitat restoration 
projects, NMFS solicited comments in the notice that was published in 
the Federal Register on October 1, 1999. This notice responds to those 
comments, and announces the final guidelines for the Program.

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: March 27, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-7919 Filed 3-29-00; 8:45 am]
BILLING CODE 3510-22-F