[Federal Register Volume 66, Number 237 (Monday, December 10, 2001)]
[Notices]
[Pages 63675-63680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30383]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 011113275-1275-01; I.D. 120401A]
RIN 0648-ZB11


Coral Reef Conservation Program Proposed Implementation 
Guidelines

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Request for comments on Proposed Implementation Guidelines for 
the Coral Reef Conservation Program.

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SUMMARY: The purpose of this document is to request comments on NOAA's 
proposed Implementation Guidelines (Guidelines) for the Coral Reef 
Conservation Program (Program) under the Coral Reef Conservation Act of 
2000 (Act). The Act authorizes the Secretary of Commerce (Secretary), 
through the NOAA Administrator (Administrator) and subject to the 
availability of funds, to provide matching grants of financial 
assistance for coral reef conservation projects under the Act (Coral 
Reef Conservation Program). As per the Act, NOAA has developed this set 
of proposed Implementation Guidelines for the Program for Fiscal Year 
(FY) 2002 through FY 2004. NOAA proposes to use several existing grant 
programs and mechanisms to implement the Program. Final Guidelines and 
specific Program information including available funding, dates, and 
detailed application requirements and proposal evaluation criteria will 
be published annually in a separate Federal Register solicitation. NOAA 
is in the process of developing a National Coral Reef Action Strategy 
(Strategy), as also required under the Act. The purpose of the Strategy 
is to provide an implementation plan to advance coral reef 
conservation, including a basis for funding allocations to be made 
under the Program. The Final Strategy will be published concurrently 
with the Final Program Guidelines and the FY 2002 Program Solicitation 
in the first quarter of calendar year 2002. The Department of Commerce 
Pre-Award Notification Requirements for Grants and Cooperative 
Agreements contained in the Federal Register notice of October 1, 2001 
(66 FR 49917), will be applicable to solicitations under this Program. 
This document is not a solicitation for FY 2002 project proposals.

DATES: In order to be considered, comments on this document must be 
received by NOAA on or before January 14, 2002.

ADDRESSES: Only written comments will be accepted. Please send your 
comments by mail or fax to: David Kennedy, NOAA Coral Program 
Coordinator, Office of Response and Restoration, N/ORR, NOAA National 
Ocean Service, 1305 East-West Highway, Silver Spring, MD 20910, Fax: 
301-713-4389.

FOR FURTHER INFORMATION CONTACT: Bill Millhouser, Pacific Regional 
Manager, CPD/OCRM, N/ORM-3, NOAA National Ocean Service, 1305 East-West 
Highway, Silver Spring, MD 20910; 301-713-3155 extension 189, Internet: 
[email protected]; or Robin Bruckner, Community-based 
Restoration Coordinator, NOAA Restoration Center, F/HC3, NOAA National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910; 301-713-0174 extension 162, Internet: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) 
was enacted on December 14, 2000, for the following purposes:
    (1) To preserve, sustain and restore the condition of coral reef 
ecosystems;
    (2) To promote the wise management and sustainable use of coral 
reef ecosystems to benefit local communities and the Nation;
    (3) To develop sound scientific information on the condition of 
coral reef ecosystems and the threats to such ecosystems;
    (4) To assist in the preservation of coral reefs by supporting 
conservation programs, including projects that involve affected local 
communities and non-governmental organizations;
    (5) To provide financial resources for those programs and projects; 
and
    (6) To establish a formal mechanism for the collecting and 
allocating of monetary donations from the private sector to be used for 
coral reef conservation projects.
    Under section 6403 of the Act, the Secretary, through the NOAA 
Administrator (Administrator) and subject to the availability of funds, 
is authorized to provide matching grants of financial assistance for 
coral reef conservation projects. Section 6408(c)of the Act authorizes 
up to $8,000,000 in each of FY 2001 through FY 2004 for projects under 
the Program.
    As required under section 6403(j) of the Act, NOAA has developed 
this set of proposed Implementation Guidelines for the Program and 
through this document, is making them available for public review and 
comment.

[[Page 63676]]

    NOAA proposes to use several existing grant programs and mechanisms 
to implement the Program. Each fiscal year the Program will publish a 
Federal Register notice to describe the availability of funds and 
solicit project proposals. These annual solicitations, beginning in FY 
2002, will provide greater detail on the year's program priorities, 
application process, and proposal evaluation criteria. This document is 
not a solicitation for project proposals.

II. Electronic Access

    The Coral Reef Conservation Act of 2000 can be found on the 
Internet at: http://thomas.loc.gov/ (Select Bill Text, then select 
106th Congress, search on Bill Number HR 1653, select H.R. 1653.EH). 
Information on the U.S. Coral Reef Task Force, established June 11, 
1998 under Executive Order 13089, can be found at: http://coralreef.gov.

III. Coral Reef Conservation Program

    The objective of the Program is to provide financial assistance for 
coral reef conservation projects consistent with the Act and National 
Coral Reef Action Strategy currently under development. NOAA's role in 
administering the Program is to strengthen and support the development 
and implementation of sound coral reef conservation projects, as well 
as ensure that the most beneficial projects are recommended for 
funding.

IV. Applicant Eligibility Requirements

    As per section 6403(c) of the Act, eligible applicants include: any 
natural r esource management authority of a state or other government 
authority with jurisdiction over coral reefs or whose activities 
directly or indirectly affect coral reefs or coral reef ecosystems, or 
educational or non-governmental institutions with demonstrated 
expertise in the conservation of coral reefs. Each subcategory of 
funding under this Program, as described in section VII of this 
document, encompasses a specific subgroup of eligible applicants, per 
this section.
    As a matter of policy, funding Federal agency activities under this 
Program will be a low priority unless such activities are an essential 
part of a cooperative project with other eligible governmental or non-
governmental entities.
    NOAA agencies are not eligible for funding under this Program, as 
funding for such activities is provided for under section 6406 of the 
Act (National Program).

V. Eligible Coral Reef Conservation Activities

    As described in section 6403(g) of the Act, projects considered for 
funding under this Program must be consistent with the National Coral 
Reef Action Strategy, scheduled to be published concurrently in the 
Federal Register with the FY 2002 solicitation for proposals, in the 
first quarter calendar year 2002. In addition, per the same section, 
the Administrator may not approve a project proposal unless it will 
enhance the conservation of coral reefs by addressing at least one of 
the following:
    (1) Implementing coral conservation programs which promote 
sustainable development and ensure effective, long-term conservation of 
coral reefs;
    (2) Addressing the conflicts arising from the use of environments 
near coral reefs or from the use of corals, species associated with 
coral reefs, and coral products;
    (3) Enhancing compliance with laws that prohibit or regulate the 
taking of coral products or species associated with coral reefs or 
regulate the use and management of coral reef ecosystems;
    (4) Developing sound scientific information on the condition of 
coral reef ecosystems or the threats to such ecosystems, including 
factors that cause coral disease;
    (5) Promoting and assisting to implement cooperative coral reef 
conservation projects that involve affected local communities, non-
governmental organizations, or others in the private sector;
    (6) Increasing public knowledge and awareness of coral reef 
ecosystems and issues regarding their long term conservation;
    (7) Mapping the location and distribution of coral reefs;
    (8) Developing and implementing techniques to monitor and assess 
the status and condition of coral reefs;
    (9) Developing and implementing cost-effective methods to restore 
degraded coral reef ecosystems; or
    (10) Promoting ecologically sound navigation and anchorages near 
coral reefs.

VI. Program Funding and Distribution

    Section 6408(c) of the Act authorizes up to $8,000,000 for use by 
the Secretary for each of FY 2001 through FY 2004 for the Coral Reef 
Conservation Program. The number of individual awards to be made each 
year will depend on the total amount of funds appropriated for coral 
reef activities within NOAA and the portion of those funds that are 
allocated to this Program. The total annual Program funding amount, 
suggested ranges for funding requests, and specific funding categories 
under which an applicant may choose to be considered will be published 
in the Program's annual Federal Register solicitation.
    Program funding awarded during any given fiscal year will be 
distributed, per section 6403(d) of the Act, in the following manner:
    (1) No less than 40 percent of funds available shall be awarded for 
coral reef conservation projects in the Pacific Ocean within the 
maritime areas and zones subject to the jurisdiction or control of the 
United States;
    (2) No less than 40 percent of funds available shall be awarded for 
coral reef conservation projects in the Atlantic Ocean, Gulf of Mexico 
and the Caribbean Sea within the maritime areas and zones subject to 
the jurisdiction or control of the United States; and
    (3) Remaining funds shall be awarded for projects that address 
emerging priorities or threats, including international priorities or 
threats, identified by the Administrator. When identifying emerging 
threats or priorities, the Administrator may consult with the Coral 
Reef Task Force.

VII. Funding Categories and Mechanisms

    In order to ensure adequate funding for each of the purposes 
envisioned under the Act and provide for a balanced overall Program, 
existing NOAA programs will be used to award funds in the five funding 
categories described below. Each of the five categories references the 
general activity and applicant eligibility requirements associated with 
proposals submitted therein. Specific activity and applicant 
eligibility information and proposal evaluation criteria for each 
category, consistent with Guideline sections IV. Applicant Eligibility 
Requirements, VI. Funding and Funding Distribution, VIII. Matching 
Funds, IX. Application Process, and X. Project Review, will be 
published in each year's solicitation for proposals.
    (1) U.S. state and territorial government coral reef conservation 
activities, as described in section V(1-10) of the Guidelines (section 
6403(g) of the Act) for the purposes of comprehensively managing coral 
reef ecosystems and associated fisheries within their jurisdictions. 
Eligibility to receive an award is limited to one agency in each state 
or territory with jurisdiction over coral reefs, as designated by the 
respective governors. These proposals will be reviewed and awarded by 
the National Ocean Service

[[Page 63677]]

(NOS) Office of Ocean and Coastal Resource Management (OCRM) per 
guidelines published June 28, 2001 in the Federal Register (66 FR 
34425), and pursuant to Section 310 of the Coastal Zone Management Act, 
under title, Coastal Zone Management Administration Awards, CFDA 
11.419.
    (2) U.S. state and territorial government coral reef ecosystem 
monitoring and/or assessment activities, as described in section V(8) 
of the Guidelines (section 6403(g)(8) of the Act). Such activities 
include the collection, analysis, and reporting of long-term coral reef 
monitoring data pursuant to scientifically valid methodologies and 
protocols. Eligible applicants are limited to one natural resource 
management authority in each U.S. state or territory with jurisdiction 
over coral reefs, as designated by the respective governors. 
Cooperative agreements between these agencies and the NOS National 
Centers for Coastal and Ocean Science (NCCOS) will be developed without 
competition under title, Financial Assistance for National Centers of 
Coastal Ocean Science, CFDA 11.426.
    (3) U.S. state, territorial, or other governmental and non-
governmental entities, not eligible under other categories, for the 
purpose of implementing cooperative coral reef conservation, 
protection, restoration, research, or education projects, as described 
in section V(1-10) of the Guidelines (section 6403(g) of the Act). 
These proposals will be reviewed and awarded by the National Marine 
Fisheries Service (NMFS) Office of Habitat Conservation under title, 
Habitat Conservation, CFDA 11.463.
    (4) Projects to develop, improve, or amend Fishery Management Plans 
to conserve, protect and restore coral reef habitats and associated 
fishery populations within the U.S. Exclusive Economic Zone; with the 
overall goal of improving the management of coral reefs and associated 
organisms through the avoidance of fishing impacts, ecosystem 
management or similar approaches and practices; as described in section 
V(3) of the Guidelines (section 6403(g)(3) of the Act). Eligible 
applicants include Regional Fishery Management Councils with 
jurisdiction over coral reefs, as established under the Magnuson-
Stevens Fishery Conservation and Management Act (16 USC 1801 et seq.). 
These proposals will be reviewed and awarded by the NMFS Office of 
Habitat Conservation under title, Habitat Conservation, CFDA 11.463.
    (5) International coral reef conservation projects for the purpose 
of implementing cooperative coral reef conservation activities as 
described in section V(1-10) of the Guidelines (section 6403(g) of the 
Act). Eligible applicants include all international governmental and 
non-governmental entities, including those in the Freely Associated 
States of the Pacific. These proposals will be reviewed and awarded by 
the NOS International Programs Office or the NMFS Office of Habitat 
Conservation, as appropriate, under title, Habitat Conservation, CFDA 
11.463.
    The annual solicitation will establish the range of funds available 
and specific evaluation criteria for each of these five categories. 
NOAA may add additional funding categories in the annual solicitation 
based on available funding and/or coral reef conservation priorities 
under the Strategy. Applicants will be required to specify in their 
application the category(s) under which they are applying for funding. 
Selected applications may be funded and awards administered by NOAA, 
through either NMFS or NOS. Generally, one award will be made for each 
proposal accepted for funding.
    NOAA will determine the most appropriate funding mechanisms (grant, 
cooperative agreement, or interagency agreement) for selected 
individual projects, in consultation with the applicant, based on the 
degree of direct NOAA involvement with the project beyond the provision 
of financial assistance.
    Proposals from non-Federal applicants that are selected for funding 
will be funded either through a project grant or cooperative agreement. 
Selected Federal proposals will be funded through interagency 
agreements; however, under the Program, such agreements must include a 
local sponsor of the coral reef conservation project.

VIII. Matching Funds

    As per section 6403(b)(1) of the Act, Federal funds for any coral 
conservation project funded under this Program may not exceed 50 
percent of the total costs of such project. The match may comprise a 
variety of public and private sources and can include in-kind 
contributions and other non-cash support. NOAA strongly encourages 
applicants to leverage as much investment as possible. Federal funds 
may not be considered as matching funds.
    For applicants who cannot meet the match requirement, as per 
section 6403(b)(2) of the Act, the Secretary may waive all or part of 
the matching requirement if the Administrator determines that the 
project meets the following two requirements:
    (1) No reasonable means are available through which an applicant 
can meet the matching requirement, and
    (2) The probable benefit of such project outweighs the public 
interest in such matching requirement.
    Applicants must specify in their proposal the source and amount of 
the proposed match and may be asked to provide letters of commitment to 
confirm stated contributions. In the case of a waiver request, the 
applicant must provide a detailed justification explaining the need for 
the waiver, as described in section IX(6) of these Guidelines.
    Notwithstanding any other provision herein, and in accordance with 
48 U.S.C. 1469a(d), this Program shall waive any requirement for local 
matching funds for any project under $200,000 (including in kind 
contributions) to the governments of Insular Areas, defined as the 
jurisdictions of the U.S. Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.

IX. Application Process

    NOAA will publish in the Federal Register one annual notification 
soliciting project proposals, pursuant to these Guidelines. 
Applications submitted in response to solicitation notices will be 
screened for eligibility and conformance with the Program Guidelines.
    To submit a proposal, a complete NOAA standard grants application 
package must be filed in accordance with the guidelines in this 
document and instructions in the Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements 
contained the Federal Register notice of October 1, 2001 (66 FR 49917).
    A more detailed description of specific application requirements 
will be published in the annual solicitation; however, pursuant to 
section 6403(e)of the Act and NOAA, each application must include the 
following elements:
    (1) A cover sheet with the name of the individual or entity 
responsible for conducting the project;
    (2) A description of the qualifications of the individual(s) who 
will conduct the project;
    (3) A succinct statement of the purposes of the project, including 
the specific geographic location where the project will be carried out;
    (4) An estimate of the funds and time required to complete the 
project including: a detailed breakdown by

[[Page 63678]]

category of cost estimates as they relate to specific aspects of the 
project, with appropriate justification for both the Federal and non-
Federal shares;
    (5) Evidence of support for the project by appropriate 
representatives of states or other government jurisdictions in which 
the project will be conducted, including obtaining or proceeding to 
obtain all applicable State and/or Federal permits, consultations, and 
consistencies. U.S. state or territorial applicants must also provide 
evidence of coordination with all relevant state or territorial 
agencies, including a list of agencies consulted in developing the 
proposal;
    (6) Information regarding the amount of matching funding available 
to the applicant. In the case of a waiver request, the applicant must 
provide a detailed justification explaining the need for the waiver 
including attempts to obtain sources of matching funds, how the benefit 
of the project outweighs the public interest in providing match, and 
any other extenuating circumstances preventing the availability of 
match;
    (7) A description of how the project meets one or more the goals 
and objectives stated in section V of the Guidelines (section 6403(g) 
of the Act); and
    (8) Any other information the Administrator considers to be 
necessary for evaluating the eligibility of the project for funding 
under this title.
    In order to streamline the application and award process, and to 
allow NOAA to fully evaluate all coral reef conservation applications 
in the context of the overall Program, applicants must indicate under 
which category(s) (as described in section VII of these Guidelines) 
they are seeking funds, and are encouraged to submit only one 
comprehensive application per solicitation. The Program will give 
preference to projects where requested funding will be used to complete 
proposed coral reef conservation activities within a period of 12 
months from the time the awards are distributed.

X. Project Review

    As per section 6203(f) of the Act, NOAA will review eligible coral 
reef conservation proposals using an external governmental review and 
merit-based peer review. After such reviews, NOAA will implement an 
internal ranking and selection process. The overall project review and 
selection process will include the following five steps:
    (1) NOAA will request and consider written comments on the proposal 
from each Federal agency, state government, or other government 
jurisdiction, including the relevant regional Fishery Management 
Councils established under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), or any National Marine 
Sanctuary, with jurisdiction or management authority over coral reef 
ecosystems in the area where the project is to be conducted. Pursuant 
to this requirement of the Act, NOAA will apply the following standard 
in requesting comments:
    (A) Proposals for projects in state or territorial waters, 
including Federal marine protected areas in such waters (e.g. National 
Marine Sanctuaries), will be submitted to that state or territorial 
government's designated U.S. Coral Reef Task Force point of contact for 
comment;
    (B) Proposals for projects in Federal waters will be submitted to 
the relevant Fishery Management Council for comment;
    (C) Proposals for projects which require Federal permits will be 
submitted to the Federal agency which issued the permit for comment;
    (D) Proposals for projects in Federal marine protected areas 
managed by Federal agencies (e.g. National Wildlife Refuges, National 
Parks, National Marine Sanctuaries, etc.) will be submitted to the 
respective Federal management authority for comment; and
    (E) NOAA will seek comments from other government entities, 
authorities, and/or jurisdictions, including international entities for 
projects proposed outside of U.S. waters, as necessary based on the 
nature and scope of the proposed project.
    Specifically, agencies will be requested to comment on: the extent 
to which the project is consistent with locally established coral reef 
conservation priorities and projects; whether the project has been 
coordinated with existing or planned projects; suggestions for 
improving project coordination and/or technical approach; and 
appropriate staff points of contact. Each entity will be provided 21 
days to review and comment on subject proposals. Comments submitted 
will be part of the public record.
    (2) Each NOAA program office will provide for a merit-based peer 
review and standardized documentation of that review for proposals 
considered appropriate for funding under their respective category(s). 
Each proposal will be reviewed by a minimum of three individuals with 
knowledge of the subject of the proposal. Each reviewer will submit a 
separate and individual review and reviewers will not provide a 
consensus opinion. The identities of the peer reviewers will be kept 
anonymous to the degree permitted by law. Specific evaluation criteria 
for projects submitted under each funding category will be published in 
each annual Federal Register solicitation.
    (3) Each NOAA Program Office will subsequently implement an 
internal review process to rank each proposal that is appropriate for 
funding under their program based upon consideration of: comments and 
recommendations from the reviews under paragraphs (1) and (2), and 
their evaluation of each proposal consistent with the five following 
criteria:
    (A) Direct Benefit to Coral Reef Resources and Ecosystems. NOAA 
will evaluate proposals based on the potential of the project to meet 
goals and objectives stated in section 6403(g) of the Act.
    (B) Technical Merit and Adequacy of Implementation Plan. Proposals 
will be evaluated on the technical feasibility of the project and the 
qualifications of project leaders and/or partners based on demonstrated 
abilities to:
    (i) Deliver the conservation objective stated in the proposal;
    (ii) Provide educational benefits, where appropriate;
    (iii) Incorporate assessment of project success in terms of meeting 
the proposed objectives;
    (iv) Demonstrate that the conservation activity will be sustainable 
and long-lasting;
    (v) Provide assurance 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
    (C) Past Performance. Proposals will be evaluated on the previous 
accomplishments of the applicants in achieving coral reef conservation 
objectives similar to those outlined in section V. Eligible Coral Reef 
Conservation Activities of these Guidelines. Applicants submitting 
their first coral reef conservation project should document past 
experience in related activities;
    (D) Consistency with the National Coral Reef Action Strategy and 
the National Action Plan to Conserve Coral Reefs. Proposals will be 
evaluated on how well they meet the respective programmatic goals and 
objectives (e.g. goals and objectives for restoration) outlined in the 
National Coral Reef Action Strategy, currently under development 
pursuant to Section 6402 of the Act, and the National Action Plan to 
Conserve Coral Reefs (U.S. Coral Reef

[[Page 63679]]

Task Force, 2000, http://coralreef.gov). Applicants are strongly 
encouraged to review both documents and identify in their application 
the specific conservation objectives that their project proposal will 
address; and
    (E) Cost-effectiveness and Budget Justification. Proposals will be 
evaluated on their ability to demonstrate that significant benefit will 
be generated for the most reasonable cost. Projects will also be 
reviewed in terms of their need for funding and the ability of NOAA 
funds to act as a catalyst to implement projects and precipitate 
partnerships and other sources of funding to achieve conservation 
objectives. Preference will be given to projects that will be completed 
within a period of 12 months from the time the awards are distributed;
    (4) A NOAA review panel made up of representatives from each NOAA 
program office will review the project rankings from each program 
office and make consensus-based, final project selections and funding 
recommendations to be presented to the NOAA Administrator, or his 
designee, for final approval. The review panel and Administrator, or 
designee, will ensure that the Act requirements for geographic funding 
distribution and consistency with the overall Program goals outlined in 
the Strategy have been met. NOAA reserves the right to consult with 
applicants, prior to making an award, to determine the exact amount of 
funds to be awarded, as well as the most appropriate funding category 
and mechanism under which to consider the project for funding; and
    (5) NOAA will provide written notification of a proposal's approval 
or disapproval to each applicant within 6 months of submitting a coral 
reef conservation proposal. Similarly, NOAA will also provide written 
notification of a project's approval to each State or other government 
jurisdiction that provided comments and/or reviews.

Definitions

    In this Program:
    (1) Administrator means the Administrator of the National Oceanic 
and Atmospheric Administration.
    (2) Conservation means the use of methods and procedures necessary 
to preserve or sustain corals and associated species as diverse, 
viable, and self-perpetuating coral reef ecosystems, including all 
activities associated with resource management, such as assessment, 
conservation, protection, restoration, sustainable use, and management 
of habitat; mapping; habitat monitoring; assistance in the development 
of management strategies for marine protected areas and marine 
resources consistent with the National Marine Sanctuaries Act (16 
U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.); law enforcement; conflict 
resolution initiatives; community outreach and education; and that 
promote safe and ecologically sound navigation.
    (3) Cooperative Agreement means a legal instrument reflecting a 
relationship between the Department of Commerce (DoC) and a recipient 
whenever: (1) the principal purpose of the relationship is to transfer 
money, property, services or anything of value to accomplish a public 
purpose of support or stimulation authorized by Federal statute, and 
(2) substantial involvement (e.g. collaboration, participation, or 
intervention by DoC in the management of the project) is anticipated 
between DoC and the recipient during performance of the contemplated 
activity.
    (4) Coral means species of the phylum Cnidaria, including--
    (A) all species of the orders Antipatharia (black corals), 
Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera 
(organpipe corals and others), Alcyanacea (soft corals), and 
Coenothecalia (blue coral), of the class Anthozoa; and
    (B) all species of the order Hydrocorallina (fire corals and 
hydrocorals) of the class Hydrozoa.
    (5) Coral Reef means any reefs or shoals composed primarily of 
corals.
    (6) Coral Reef Ecosystem means coral and other species of reef 
organisms (including reef plants) associated with coral reefs, and the 
non-living environmental factors that directly affect coral reefs, that 
together function as an ecological unit in nature.
    (7) Coral Products means any living or dead specimens, parts, or 
derivatives, or any product containing specimens, parts, or 
derivatives, of any species referred to in paragraph (3).
    (8) Grant means a legal instrument reflecting a relationship 
between DoC and a recipient whenever: (1) the principal purpose of the 
relationship is to transfer money, property, services, or anything of 
value in order to accomplish a public purpose of support or stimulation 
authorized by Federal statute, and (2) no substantial involvement is 
anticipated between DoC and the recipient during the performance of the 
contemplated activity.
    (9) Interagency Agreement, for the purposes of these Guidelines, 
means a written document containing specific provisions of governing 
authorities, responsibilities, and funding, entered into between NOAA 
and another Federal agency where NOAA is funding the other Federal 
agency, pursuant to the Act.
    (10) Secretary means the Secretary of Commerce.
    (11) State means any State of the United States that contains a 
coral reef ecosystem within its seaward boundaries, American Samoa, 
Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin 
Islands, and any other territory or possession of the United States, or 
separate sovereign in free association with the United States, that 
contains a coral reef ecosystem within its seaward boundaries. 
Classification: This is a new Program and will be added to the Catalog 
of Federal Domestic Assistance under the Coastal Zone Management Act 
(11.419), Financial Assistance for National Centers for Coastal Ocean 
Science (11.426), and Habitat Conservation (11.463). The Program uses 
only the existing NOAA Federal assistance application package 
requirements per 15 CFR parts 14 and 24.
    The program will determine NEPA compliance on a project by project 
basis.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The use of the standard grants application package referred to in 
this notice involves collection-of-information requirements subject to 
the Paperwork Reduction Act. The use of Standard Forms 424, 424A, 424B, 
and SF-LLL have been approved by OMB under the respective control 
numbers 0348-0043, 0348-0044, 0348-0040, and 0348-0046.
    The proposed guidelines also contain new collection-of- information 
requirements subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act. These requirements 
will be submitted to OMB for approval. Public reporting burden for 
these collections of information is estimated to average one hour per 
request for a matching funds waiver (section IX(6) of these Guidelines) 
and one hour per comment on proposals (section X(1) of these 
Guidelines), including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility;

[[Page 63680]]

the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including through 
the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to NOAA Office of Response and 
Restoration at the ADDRESSES above, and to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 (Attention: NOAA Desk Officer).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the Paperwork 
Reduction Act, unless that collection displays a currently valid OMB 
control number.

    Dated: November 30, 2001.
Scott Gudes,
Acting Under Secretary for Oceans and Atmosphere/Administrator and 
Deputy Under Secretary
[FR Doc. 01-30383 Filed 12-7-01; 8:45 am]
BILLING CODE 3510-JE-S