[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Notices]
[Pages 16728-16733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 020314059-2059-01; I.D. 022602B]
RIN 0648-ZB16


Financial Assistance for Environmental Education Projects in the 
Chesapeake Bay Watershed

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

ACTION: Notice of availability of funds.

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SUMMARY: The purpose of this document is to invite the public to submit 
proposals for available funding to implement environmental education 
projects in the following two priority areas: ``Meaningful'' Chesapeake 
Bay or Stream Outdoor Experience and Professional Development in the 
Area of Environmental Education for Teachers Within the Chesapeake Bay 
Watershed. Funds are available to K-through-12 public and independent 
schools and school systems, institutions of higher education, 
community-based and nonprofit organizations, state or local government 
agencies, interstate agencies, and Indian tribal governments. This 
document describes the conditions under which project proposals will be 
accepted and criteria under which proposals will be evaluated for 
funding consideration. Potential recipients may submit proposals for 
both priority areas, but, for each, they must write a separate 
proposal. Selected recipients will enter into either a cooperative 
agreement or a grant.

DATES: Applications for funding under this program must be received by 
5 p.m. eastern daylight-saving time on May 23, 2002. Note: for 
applications received after the postmark date, see SUPPLEMENTARY 
INFORMATION, Section IV, A.

ADDRESSES: You can obtain an application package from and send 
completed applications to Seaberry J. Nachbar, NOAA Chesapeake Bay 
Office, 410 Severn Avenue, Suite 107A, Annapolis, MD 21403. You can 
also

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obtain the application package from the NOAA Chesapeake Bay Office Home 
Page, Education link (http://noaa.chesapeakebay.net). No application 
will be accepted by facsimile machine or electronic mail submission.

FOR FURTHER INFORMATION CONTACT: Seaberry J. Nachbar, Education 
Coordinator, NOAA Chesapeake Bay Office, telephone: (410) 267-5664, or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

     The Fish and Wildlife Act of 1956, as amended, at 16 U.S.C. 753a, 
authorizes the Secretary of Commerce (Secretary), to develop adequate, 
coordinated, cooperative research and training programs for fish and 
wildlife resources, to continue to enter into cooperative agreements 
with colleges and universities, with game and fish departments of 
several states, and with nonprofit organizations relating to 
cooperative research units. The Secretary of Commerce, acting through 
the Under Secretary of Commerce for Oceans and Atmosphere, is 
authorized by 15 U.S.C. 1540 to enter into cooperative agreements and 
other financial agreements with any nonprofit organization to aid and 
promote scientific and educational activities to foster public 
understanding of the National Oceanic and Atmospheric Administration or 
its programs. The Departments of Commerce (DOC), Justice, State, the 
Judiciary, and Related Agencies Appropriations Act of 2002 make funds 
available to the Secretary.

B. Catalog of Federal Assistance (CFDA)

    The projects to be funded are in support of the Chesapeake Bay 
Studies (CFDA 11.457), under the Chesapeake Bay Watershed Education and 
Training Program.

C. Program Description

    As an agency that is dedicated to the conservation and wise 
management of the Nation's coastal and marine resources, NOAA 
recognizes that a commitment to environmental stewardship must include 
a strong educational component. Consistent with this commitment, NOAA 
has initiated an environmental education program through its Chesapeake 
Bay Office, the Bay Watershed Education and Training Program (B-WET 
Program). The B-WET Program objectives are to support and encourage 
environment based education and first-hand experiences, among the best 
ways to promote individual stewardship of the Bay and its tributaries.
    Funded projects will assist in meeting the Stewardship and 
Community Engagement goals of the Chesapeake 2000 agreement (http://www.chesapeakebay.net/pubs/subcommittee/cesc/c2k.pdf). Projects will 
support organizations that provide students ``meaningful'' Chesapeake 
Bay or stream outdoor experiences and teachers professional development 
opportunities in the area of environmental education.

II. Priority Areas and Evaluation Criteria

    Proposals should address one of the two priority areas: (1) 
``Meaningful'' Chesapeake Bay or Stream Outdoor Experience; or, (2) 
Professional Development in the Area of Environmental Education for 
Teachers Within the Chesapeake Bay Watershed. Potential recipients may 
submit proposals for both priority areas, but they must write separate 
proposals for each one.

A. ``Meaningful'' Chesapeake Bay or Stream Outdoor Experience

    The NOAA Chesapeake Bay Office (NCBO) seeks proposals for projects 
that provide opportunities for students (K through 12) to participate 
in a ``meaningful'' Chesapeake Bay or stream outdoor experience. The 
Chesapeake Bay, with its tributaries, provides an excellent opportunity 
for environmental education. In many cases, its tidal and non-tidal 
waters and the surrounding landscape provide hands-
on laboratories where students can see, touch, and learn 
about the Chesapeake Bay watershed and the greater environment. In 
other cases, the Bay watershed can be brought alive to the classroom 
through a strong complement of outdoor and classroom experiences. The 
Chesapeake Bay and its tributaries should be considered a living 
resource that provides a genuine, locally relevant source of 
environmental knowledge that can be used to help advance student 
learning skills and problem-solving abilities across the entire school 
curriculum.
    Total anticipated funding is about $500,000. Of the amount 
available for this priority area, about $400,000 will be awarded to 
larger organizations that provide environmental education programs and 
up to $100,000 to smaller, community-based organizations that work at a 
local level to provide environmental education programs.
    Proposals will be evaluated on the following nine criteria. 
Reviewers will assign scores ranging from 0 to 100 points.
    1. Experiences follow the scope and sequence of a ``meaningful'' 
Chesapeake Bay or stream outdoor experience: This part of the program 
comprises a series of concepts and perceptions appropriate for K- 
through 12-grade students. See also the Stewardship and Meaningful 
Watershed Educational Experiences document (http://www.chesapeakebay.net/pubs/subcommittee/cesc/c2k.pdf). (10 points)
    a. From K to 5. Experiences should be neighborhood-based and 
reinforce such basic concepts as maps and models, habitat 
principles, and the concept of the water cycle and watersheds.
    b. From 6 to 8. Experiences should focus on team and class 
projects and investigations, conducted in or near water. Experiences 
should reinforce science, mathematics, and technology skills 
developed in middle school.
    c. From 9 to 12. Experiences should be first-hand knowledge in 
or near water and should relate to the earth and biological 
sciences, concepts developed in civics and government, and attitudes 
reinforcing responsible citizenship.
    2. ``Meaningful'' Chesapeake Bay or stream outdoor experiences are 
hands-on oriented: Experiences should involve student participation and 
engage the student throughout the entire event. Experiences should not 
be limited to tours, gallery visits, simulations, demonstrations, or 
``nature'' walks but should encourage the student to assist, share, 
communicate, and connect directly with the outdoors. Experiences do not 
have to be water-based activities directly on the Bay, tidal rivers, 
streams, creeks, ponds, wetlands, or other bodies of water. As long as 
there is an intentional connection to water quality, watershed, and the 
larger ecological system, outdoor experiences may include terrestrial 
activities (e.g., erosion control, buffer creation, groundwater 
protection, and pollution prevention). (10 points)
    3. ``Meaningful'' Chesapeake Bay or stream outdoor experiences are 
richly structured: Experiences should consist of three general parts, 
not necessarily occurring in this order- a preparation phase; an 
outdoor phase; and an analysis, reporting phase. Projects should 
provide teachers with the support, materials, resources, and 
information needed to conduct these three parts. The preparation phase 
should focus on a question, problem, or issue and involve students in 
discussions about it. The action phase should include one or more 
outdoor experiences sufficient to conduct the project, make the 
observations, or collect the data required. The reflection

[[Page 16730]]

phase should refocus on the question, problem, or issue; analyze the 
conclusions reached; evaluate the results; and assess the activity and 
the learning. (10 points)
    4. ``Meaningful'' Chesapeake Bay or stream outdoor experiences 
reflect an integrated approach to learning: Experiences should involve 
the use of materials, resources, and instruments to address multiple 
topics, such as maritime heritage, science, history, economics, math, 
and the cultural significance of our natural resources. Experiences 
make appropriate connections between subject areas and reflect an 
integrated approach to learning. (10 points)
    5. ``Meaningful'' Chesapeake Bay or stream outdoor experiences are 
investigative or project-oriented: Experiences should include 
activities where questions, problems, and issues are investigated 
through data collection, observation, and hands-on activities. 
Experiences should stimulate observation, motivate critical thinking, 
develop problem-solving skills, and instill confidence in students. (10 
points)
    6. ``Meaningful'' Chesapeake Bay or stream outdoor experiences are 
an integral part of the instructional program: Experiences should not 
be considered ancillary, peripheral, or enriching only, but should be 
able to be clearly integrated into part of a concurrent classroom 
curriculum. The nature of these experiences should be based on State 
(VA, MD, PA, DE, WV, NY) and/or District (DC) academic learning 
standards. (10 points)
    7. Projects are new or significantly enhanced: Proposals should 
consist of a project that is new to an organization's environmental 
education program or includes additions that significantly enhance an 
existing project. For example, projects could include different 
participants, focus on a new audience, concentrate on a different 
geographic location, or employ new techniques, methods, or ideas. (10 
points)
    8. Projects demonstrate partnerships: Project proposals should 
include partners involving any of the eligible applicants. Projects are 
encouraged to include environmental education organizations that do not 
have presently a well-established environmental education program. All 
partners should be actively involved in the project, not just supply 
equipment or curricula. (15 points)
    9. Justification and allocation of the proposed budget: Proposals 
will be evaluated on the reasonableness of the proposed budget. (15 
points)

B. Professional Development in the Area of Environmental Education for 
Teachers within the Chesapeake Bay Watershed

    The NCBO seeks proposals for projects that provide K-through-12 
teachers within the Chesapeake Bay watershed opportunities for 
professional development in the area of environmental education. As the 
purveyors of education, teachers can ultimately make meaningful 
environmental education experiences for students by weaving together 
classroom and field activities within the context of their curriculum 
and of current critical issues that impact the watershed. Systematic, 
long-term professional development opportunities will reinforce a 
teacher's ability to teach, inspire, and lead young people toward 
thoughtful stewardship of our natural resources.
    Total anticipated funding is about $350,000. Proposals will be 
evaluated on the following eight criteria. Reviewers will assign scores 
ranging from 0 to 100 points.
    1. Projects follow the teaching of a ``meaningful'' Chesapeake Bay 
or stream outdoor experience and encourage the teacher to implement a 
``meaningful'' experience project in his/her classroom: Projects should 
be modeled to reflect the definition of a ``meaningful'' Chesapeake Bay 
or stream outdoor experience (http://www.chesapeakebay.net/pubs/subcommittee/cesc/c2k.pdf). Projects should provide teachers with 
lesson plans, materials, or resources needed for carrying out a 
``meaningful'' Chesapeake Bay or stream outdoor experience and 
encourage them to implement an experience in their classroom or 
community. (15 points)
    2. Projects are aligned with academic learning standards: Projects 
should be based on State (VA, MD, PA, DE, WV, NY) and/or District (DC) 
academic learning standards. (15 points)
    3. Projects are scientifically and educationally sound: Projects 
should provide environmental education training that is scientifically 
and educationally sound and represent innovative techniques to address 
environmental issues. (10 points)
    4. Projects promote continued teacher involvement: Projects should 
encourage teacher participation throughout the entire school year. For 
example, projects could provide courses or workshops, or promote web-
based interaction during the school year. (10 points)
    5. Projects involve external sharing and communication:Projects 
should promote peer-to-peer sharing and emphasize the need for external 
sharing and communication. Projects should include a mechanism that 
encourages teachers to share their experiences with other teachers and 
with the environmental education community. (10 points)
    6. Projects are new or significantly enhanced: Proposals should 
consist of a project that is new to an organization's environmental 
education program or that includes additions that significantly enhance 
an existing project. For example, projects could include different 
participants, focus on a new audience, concentrate on a different 
geographic location, or employ new techniques, methods, or ideas. (10 
points)
    7. Projects demonstrate partnerships: Project proposals should 
include partners involving any of the eligible applicants. Projects are 
encouraged to include environmental education organizations that 
presently do not have a well-established environmental education 
program. All partners should be actively involved in the project and 
not just in the supply of equipment or curricula. (15 points)
    8. Justification and allocation of the proposed budget: Proposals 
will be evaluated on the reasonableness of the proposed budget. (15 
points)

III. Funding

A. Funding Availability

    This solicitation announces that funding of up to $850,000 will be 
available for environmental education projects in the Chesapeake Bay 
watershed for FY 2002. About $500,000 will be for proposals that 
provide opportunities for students (K through 12) to participate in a 
``Meaningful'' Chesapeake Bay or Stream Outdoor Experience. Of this 
amount, about $400,000 will be awarded to larger organizations that 
provide environmental education programs and up to $100,000 to smaller, 
community-based organizations that work at a local level to provide 
environmental education programs. About $350,000 will be for proposals 
that provide opportunities for Professional Development in the area of 
Environmental Education for Teachers within the Chesapeake Bay 
Watershed.
    There is no guarantee that sufficient funds will be available to 
make awards for all proposals. The exact amount of funds that may be 
awarded will be determined in pre-award negotiations between the 
applicant and the NOAA representatives. Publication of this document 
does not obligate NOAA to

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award any specific project or all or any part of any available funds.
    Applicants should refer to and acknowledge the Federal Register 
notice, Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements, published October 1, 2001 (66 FR 
49917). The pre-award notice provisions previously printed apply to 
this notice of availability of funds.

B. Award Limits

    The NCBO anticipates that typical project awards for ``Meaningful'' 
Chesapeake Bay or Stream Outdoor Experience will range from $50,000 to 
$200,000 for larger organizations, and $5,000 to $30,000 for smaller, 
community-based organizations. The NCBO anticipates that typical 
project awards for Professional Development in the area of 
Environmental Education for Teachers within the Chesapeake Bay 
Watershed will range from $20,000 to $70,000.

C. Proposals that Demonstrate Partnerships

    Proposals that demonstrate partnerships may be considered for funds 
greater than the specified ranges.

D. Duration and Terms of Funding

    Proposals may be submitted as multi-year projects. Proposals for 
the ``Meaningful'' Chesapeake Bay or Stream Outdoor Experience may be 
submitted for up to 2 years. Proposals for the Professional Development 
in the area of Environmental Education for Teachers within the 
Chesapeake Bay Watershed may be submitted for up to 3 years. However, 
funds will be made available for only a 12-month award period, and any 
continuation of the award period will be subject to an approved scope 
of work, technical evaluation, satisfactory progress, and available 
funding to continue the award. No assurance for a funding continuation 
exists; funding will be at the complete discretion of NOAA. Multi-year 
proposals must include a full description of the activities and budget 
for the first year, and should include a summary description of the 
proposed work for each subsequent year and a estimated budget by line 
item (without the supporting budget detail pages) for review and 
analysis. The Program Officer and Grants Officer will conduct a cursory 
review of the proposed out year activities and if selected for funding 
the applicant will be required to submit a full statement of work and 
detailed budget page(s) ninety days prior to the anniversary date of 
the award. Project dates should be scheduled to begin no later than 
October 1, 2002.

E. Funding Instrument

    Whether the funding instrument is a grant or a cooperative 
agreement will be determined by the amount of NCBO's involvement in the 
project. A cooperative agreement will be used if NCBO is involved 
substantially in:
    1. Monitoring the progress of each funded project; and
    2. Working with the recipients to prepare annual reports 
summarizing current accomplishments of the project.

F. Cost-Sharing Requirements

    The NCBO strongly encourages applicants applying for either 
priority area to leverage as much investment as possible. Federal funds 
may not be considered matching funds. The nature of the contribution 
(cash versus in-kind) and the amount of matching funds will be taken 
into consideration in the final selection process.

IV. How to Apply

A. Eligible Applicants

    Eligible applicants for both priority areas (i.e., ``Meaningful'' 
Chesapeake Bay or Stream Outdoor Experience and Professional 
Development in the Area of Environmental Education for Teachers Within 
the Chesapeake Bay Watershed) are K-through-12 public and independent 
schools and school systems, institutions of higher education, 
community-based and nonprofit organizations, state or local government 
agencies, interstate agencies, and Indian tribal governments in the 
Chesapeake Bay watershed.
    The Department of Commerce/ National Oceanic and Atmospheric 
Administration (DOC/NOAA) is strongly committed to broadening the 
participation of historically black colleges and universities, Hispanic 
serving institutions, tribal colleges and universities, and 
institutions that work in undeserved areas. The NCBO encourages 
proposals involving any of the above institutions.
    Applications submitted via the U.S. Postal Service must have an 
official postmark; private metered postmarks are not acceptable. 
Applications that are received after the closing date will be accepted 
for review if the applicant can document that the application was 
provided to the delivery service on or prior to the specified postmark 
cut-off date. In any event, applications received later than five 
business days following the closing date will not be accepted.

B. Format

    Applications for project funding must be complete and must follow 
the format described in this notice.
    Applications may be submitted for both priority areas (i.e., 
``Meaningful'' Chesapeake Bay or Stream Outdoor Experience or 
Professional Development in the Area of Environmental Education for 
Teachers Within the Chesapeake Bay Watershed), but must be submitted 
separately. Applicants should not assume prior knowledge on the part of 
the NCBO as to the relative merits of the project described in the 
application. Applicants are required to submit one signed original and 
two copies of the application proposal. Application format must be in 
12-point font, double-spaced, unbound, and one-sided. Applications must 
be submitted in the following format:
    1. Cover sheet: An applicant must use Office of Management and 
Budget (OMB) Standard Form 424 (revised 7/97) as the cover sheet for 
each project. Applicants may obtain these forms from the NOAA 
Chesapeake Bay Office Web site (see ADDRESSES) or from the NOAA Grants 
Web site: http://www.rdc.noaa.gov/grants/index.html.
    2. Project summary: It is recommended that each proposal contain a 
summary of no more than one page that provides the following:
    a. Organization title.
    b. Address and telephone number of applicant.
    c. Priority area for which you are applying (i.e., 
(1)``Meaningful'' Chesapeake Bay or Stream Outdoor Experience or 
(2)Professional Development in the Area of Environmental Education for 
Teachers in the Chesapeake Bay Watershed).
    d. Project title.
    e. Project duration (beginning to end dates, starting on the first 
of the month and ending on the last day of the month).
    f. Principal Investigator(s) (PI).
    g. Project objectives.
    h. Summary of work to be performed.
    i. Total Federal funds requested.
    j. Cost-sharing to be provided from non-Federal sources, if any. 
Specify whether contributions are project-related cash or in-kind.
    k. Total project cost.
    3. Project description: Describe precisely what your project will 
achieve why, how, who, and where. The project description must not 
exceed 15 pages in length. Visuals, materials, graphs, maps, and 
photographs are not included in the 15-page limitation.
    a. Why: Explain the purpose of your project and which priority 
area your project

[[Page 16732]]

addresses (i.e., (1)``Meaningful'' Chesapeake Bay or Stream Outdoor 
Experience or (2) Professional Development in the Area of 
Environmental Education for Teachers Within the Chesapeake Bay 
Watershed). Explain specifically how your project addresses each of 
the evaluation criteria listed in that priority area (i.e., each of 
the nine criteria for the ``Meaningful'' Chesapeake Bay or Stream 
Outdoor Experience priority area or each of the eight criteria for 
the Professional Development in the area of Environmental Education 
for Teachers within the Chesapeake Bay Watershed priority area).
    b. How: Outline a plan of action pertaining to the scope and 
detail of how the proposed work will be accomplished. Explain your 
strategy, objectives, activities, delivery methods, and 
accomplishments to establish for reviewers that you have realistic 
goals and objectives and that you will use effective methods to 
achieve them. When accomplishments cannot be quantified, list the 
activities in chronological order to show the schedule of 
accomplishments and target completion dates.
    Project Objectives: Objectives should be simple and 
understandable; as specific and quantitative as possible; clear as 
to the ``what and when,'' but should avoid the ``how and why.'' 
Project should be accomplishment oriented and identify specific 
performance measures.
    c. Who: List each organization, cooperator, or other key 
individuals who will work on the project, along with a short 
description of the nature of their effort or contribution. Identify 
the target audience and demonstrate an understanding of the needs of 
that audience.
    d. Where: Give a precise location of the project and area to be 
served.
    4. Need for government financial assistance: Demonstrate the need 
for assistance. Explain why other funding sources cannot fund all the 
proposed work.
    5. Benefits or results expected: Identify and document the results 
or benefits to be derived from the proposed activities.
    6. Project evaluation: Explain how you will ensure that you are 
meeting the goals and objectives of your project. Evaluation plans may 
be quantitative and/or qualitative and may include, for example, 
evaluation tools, observation, or outside consultation. The applicant 
will be required to provide an evaluation of project accomplishments 
and progress toward the project objectives and performance measures and 
to report on specific information, as determined by the NCBO, in the 
final report.
    7. Total project costs: Total project costs are the amount of funds 
required to accomplish what is proposed in the Project Description and 
include contributions and donations. A standard budget form (SF-424A) 
is available from the NOAA Chesapeake Bay Office Web site (see 
ADDRESSES) or from the NOAA Grants Web site (http://www.rdc.noaa.gov/grants/index.html). Explain the calculations and provide a narrative to 
support each budget category. The budget detail and narrative submitted 
with the application should match the dollar amounts on all required 
forms. Additional cost detail may be required prior to a final analysis 
of overall cost allowability, allocability, and reasonableness.

V. Review Process

A. Initial Evaluation of the Applications

    NOAA will review all applications to assure that they meet all the 
requirements of this announcement, including eligibility and relevance 
to the Bay and Watershed Education and Training Program (B-WET 
Program).

B. Technical Review

    For applications meeting the requirements of this solicitation, 
eligible proposals will undergo an external technical review. This 
review will normally involve individuals in the field of environmental 
education from both NOAA and non-NOAA organizations. Proposals will be 
scored based on the evaluation criteria as defined in Section II (A) 
and II (B). Reviewers will be asked to score and comment on each 
proposal.

C. Review Panel

    The NCBO will convene a review panel consisting of at least three 
experts in the field of environmental education. The review panel will 
collectively discuss all review comments as a panel, incorporating the 
evaluation provided by the technical reviewers. The reviewers will then 
take into account the following: (a) diversity of geographic location, 
(b) diversity of applicants, and (c) proposed budget. Each review panel 
member will then numerically rank the submitted applications 
individually on a scale from 1 (poor) to 5 (excellent).

D. Funding Decision

    After applications have been evaluated and ranked numerically for 
funding by the review panel members, the Chief of the NCBO, in 
consultation with Program staff, will determine which projects will be 
recommended for funding based upon the technical evaluations and the 
panel review scores. However, in making the final selections, the Chief 
of the NCBO may also consider costs, including matching leverage, 
geographical distribution, and duplication with other projects. 
Accordingly, numerical ranking is not the sole factor in deciding which 
proposals will be selected for funding. The Chief of the NCBO will 
prepare a written justification for any recommendations for funding 
that fall outside the ranking order, or any cost adjustments. The Chief 
of the NCBO or his designee reserves the right to conduct a site visit 
to applicant organizations in order to help his making the final 
selection. The exact amount of funds awarded to each project will be 
determined in pre-award negotiations among the applicant, the Grants 
Office, and the NCBO staff. Potential grantees should not initiate 
projects in expectation of Federal funding until an award document 
signed by an authorized NOAA official has been received.
    Unsuccessful applications will be kept on file in the Program 
office for a period of at least 12 months, then destroyed.

VI. Administrative Requirements

A. Pre-Award Notification Requirements

    The requirements for grants and cooperative agreements contained in 
the Federal Register notice published October 1, 2001 (66 FR 49917), 
are applicable to this solicitation. However, please note that the 
Department of Commerce will not implement the requirements of Executive 
Order 13202 (66 FR 49921)under the Office of Management and Budget, in 
light of a court finding that the Executive Order was not legally 
authorized. See Building and Construction Trades Department v. 
Allbaugh, 172 F. Supp. 2d 138 (D.D.C. 2001). This decision is currently 
on appeal. When the case has been finally resolved, the Department will 
provide further information on implementation of Executive Order 13202.

B. Indirect Cost Rates

    The budget may include an amount for indirect costs if the 
applicant has an established indirect cost rate with the Federal 
government. Regardless of any approved indirect cost rate applicable to 
the award, the maximum dollar amount of allocable indirect costs for 
which the Department of Commerce will reimburse the recipient shall be 
the lesser of the line item amount for the Federal share of indirect 
costs contained in the approved budget of the award, or the Federal 
share of the total allocable indirect costs of the award based on the 
indirect cost rate approved by an oversight or cognizant Federal agency 
and current at the time the cost was incurred, provided the rate is 
approved on or before the award end date. However, the Federal share of 
the indirect costs may not exceed 25 percent of the total proposed 
direct

[[Page 16733]]

costs for this Program. Applicants with indirect costs above 25 percent 
may use the amount above the 25 percent level as cost sharing. If the 
applicant does not have a current negotiated rate and plans to seek 
reimbursement for indirect costs, documentation necessary to establish 
a rate must be submitted within 90 days of receiving an award.

C. Allowable Costs

    Funds awarded cannot necessarily pay for all the costs that the 
recipient might incur in the course of carrying out the project. 
Allowable costs are determined by reference to the OMB Circulars A-122, 
``Cost Principles for Nonprofit 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.''

Classification

    This action has been determined to be ``not significant'' for 
purposes of Executive Order 12866. Applications under this program are 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.''
    Under section 553 (a)(2) of the Administrative Procedure Act, prior 
notice and an opportunity for public comment are not required for this 
notice concerning grants, benefits, and contracts. Therefore, a 
regulatory flexibility analysis is not required for the purposes of the 
Regulatory Flexibility Act.
    This notice contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The use of Standard Forms 424 and 424A 
has been approved by OMB under the respective control numbers 0348-0043 
and 0348-0044. Notwithstanding any other provision of the 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 requirements of the Paperwork Reduction Act unless that 
collection displays a currently valid OMB control number.

    Dated: April 1, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs for Fisheries, 
National Marine Fisheries Service.
[FR Doc. 02-8433 Filed 4-5-02; 8:45 am]
BILLING CODE 3510-22-S