[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Pages 30060-30063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11677]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 080515671-8672-01; I.D. GF001]


Coastal and Estuarine Land Conservation Program (CELCP)--FY 2009 
Competition

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), the 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Notice of funding availability.

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SUMMARY: The purpose of this document is to advise eligible coastal 
states and territories (requirements described below) that OCRM is 
soliciting coastal and estuarine land conservation project proposals 
for competitive funding under the CELCP. States and territories must 
have submitted to NOAA a draft CELCP plan on or before May 1, 2008 in 
order to be eligible to participate in the FY2009 funding opportunity 
(see Final Guidelines for Coastal and Estuarine

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Land Conservation Program for more information on CELCP plan 
requirements, available at http://coastalmanagement.noaa.gov/land/media/CELCPfinal02Guidelines.pdf. Funding is contingent upon the 
availability of FY 2009 Federal appropriations. It is anticipated that 
projects funded under this announcement will have a grant start date 
between March 1, 2009 and October 1, 2009. The program authority is 16 
U.S.C. 1456d. Applicants must comply with all requirements contained in 
the full funding opportunity announcement (see ADDRESSES).

DATES: The deadline for receipt of proposals through Grants.gov or to 
the OCRM office is 11:59 p.m. EST July 23, 2008. Applications may be 
submitted electronically at http://www.grants.gov or by mail to the 
address listed in this announcement. Applicants are strongly 
recommended to allow sufficient time for delivery of materials, 
electronically or by mail, by the deadline.

ADDRESSES: The full funding opportunity announcement and application 
materials are available online at: http://www.grants.gov or NOAA's 
CELCP Web site under ``Funding Opportunities'' (http://coastalmanagement.noaa.gov/land/celcp_fundingop.html). They may also 
be requested by contacting the program official identified below.
    To Request an Application Package or for Further Information 
Contact: Elaine Vaudreuil, Phone: (301) 713-3155 ext 103, E-mail: 
[email protected] or Elisabeth Morgan, Phone: (301) 713-3155 
ext. 166, E-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Coastal and Estuarine Land Conservation 
Program (CELCP) was established ``for the purpose of protecting 
important coastal and estuarine areas that have significant 
conservation, recreation, ecological, historical, or aesthetic values, 
or that are threatened by conversion from their natural or recreational 
state to other uses.'' This announcement solicits proposals for land 
acquisition projects (fee simple interest or conservation easements) 
that can be completed within 18 months from the start date of the award 
and that have the purpose of protecting important coastal and estuarine 
areas. NOAA may extend project grants up to an additional 18 months 
(for a total project period of 3 years maximum) if circumstances 
warrant. The state or territory's designated lead agency for 
implementing the CELCP may solicit project proposals from additional 
state/territorial agencies, local governments as defined at 15 CFR 
24.3, or entities eligible for assistance under Section 306A(e) of the 
Coastal Zone Management Act (CZMA) (16 U.S.C. 1455a(e)), provided that 
each agency or entity has the authority to acquire and manage land for 
conservation purposes. Eligible coastal states and territories may 
select and submit up to three projects for this competition. The 
maximum amount that may be requested for the Federal share of each 
project is $3,000,000.
    Project proposals should describe how the project supports the 
purpose of the CELCP (described above), and specifically, how the 
project fits into the state or territory's CELCP plan.
    The proposals should also detail: How the project will be completed 
in a timely manner, the existing and proposed uses of the property, how 
the project site will be managed in the future for long-term 
conservation, the applicant's qualifications to acquire and manage 
property for long-term conservation, the basis for the requested 
funding amount, including land acquisition costs and other costs that 
directly support the project, as well as the source of the non-Federal 
matching share.
    The CELCP Guidelines, which were published in the Federal Register 
on June 17, 2003 (68 Fed. Reg. 35860-35869), establish the eligibility, 
procedural and programmatic requirements for participation in the 
CELCP, including the criteria for financial assistance awards under the 
program. The Guidelines outline the criteria and process for eligible 
states and territories to develop a CELCP plan, nominate land 
conservation projects to a national competitive process, as well as the 
criteria and process for NOAA to select projects at the national level 
for funding. All applications submitted pursuant to this notice must be 
consistent with the CELCP Guidelines, except that, for this 
solicitation, the eligibility requirement that states and territories 
have an approved CELC plan will be expanded to include states and 
territories that have submitted a draft CELCP plan to NOAA by May 1, 
2008, for review. The CELCP Guidelines can be found at http://www.coastalmanagement.noaa.gov/land/media/celcpfinal02guidelines.pdf.
    Electronic Access: The full text of the full funding opportunity 
announcement for this program can be accessed via the Grants.gov Web 
site at http://www.grants.gov. The announcement will also be available 
at http://coastalmanagement.noaa.gov/land/celcp_fundingop.html or by 
contacting the program officials identified under FOR FURTHER 
INFORMATION CONTACT. Applicants must comply with all requirements 
contained in the full funding opportunity announcement.
    Statutory Authority: Authority for the CELCP is 16 U.S.C. 1456d.
    CFDA: 11.419, Coastal Zone Management Administration Awards.
    Funding Availability: NOAA anticipates that approximately 20-60 
projects may be included on a competitively-ranked list of projects 
that are ready and eligible for funding in FY 2009. Funding for 
projects selected for the prioritized list is contingent upon 
availability of Federal appropriations for fiscal year 2009. Applicants 
are hereby given notice that funds have not yet been appropriated for 
this program. The FY 2009 President's Request for the program is $15 
million. Annual appropriated funding levels for the CELCP ranged from 
$8-$50 million in fiscal years 2002-2008. The maximum amount that may 
be requested for the Federal share of each project of each project is 
$3,000,000. The amount of funding per award in previous years has 
ranged from $380,000 to $3,000,000 for competitively-selected projects, 
depending on the amount requested, size, and type of project. There is 
no guarantee that sufficient funds will be available to make awards for 
all qualified projects. Publication of this notice does not oblige NOAA 
to award any specific project or to obligate any available funds.
    Eligibility: Only states and territories with Coastal Zone 
Management Programs or National Estuarine Research Reserves approved 
under the CZMA that have submitted a draft CELCP plan to NOAA on or 
before May 1, 2008, are eligible to participate in this funding 
competition. The eligible states and territories are: Alabama, Alaska, 
American Samoa, California, Connecticut, Delaware, Florida, Georgia, 
Guam, Hawaii, Indiana, Louisiana, Maine, Maryland, Massachusetts, 
Michigan, Mississippi, New Hampshire, New Jersey, New York, North 
Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Puerto 
Rico, Rhode Island, South Carolina, Texas, Virginia, Washington, and 
Wisconsin. The designated lead agency for implementing the CELCP in 
each state or territory is eligible to submit project for funding under 
this competition. A list of state lead agency contacts for the CELCP 
can be found at: http://www.coastalmanagement.noaa.gov/land/media/celcpstateleadcontacts.pdf.
    The state's lead agency may solicit, and include in their 
application, project proposals from additional state agencies, or local 
governments as

[[Page 30062]]

defined at 15 CFR 24.3, or entities eligible for assistance under 
section 306A(e) of the CZMA (16 U.S.C. 1455a(e)), provided that each 
has the authority to acquire and manage land for conservation purposes. 
Each state may submit up to three project proposals. The state will be 
responsible for ensuring that allocated funds are used for the purposes 
of and in a manner consistent with this program. Interested parties 
should contact the applicable state's CELCP lead contact for additional 
details about the state's project solicitation requirements.
    Cost Sharing Requirements: Federal funds awarded under this program 
must be matched with non-federal funds at a ratio of 1:1, with the 
following exception. The 1:1 matching requirement is waived for any 
project under $200,000 for Insular Areas, defined as the jurisdictions 
of the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands. Non-federal matching funds may be 
derived from state, local, non-governmental or private sources in the 
form of cash or in-kind contributions. Cost-sharing requirements for 
the CELCP are specified in Section 2.7 of the CELCP Guidelines.
    Evaluation and Selection Procedures: The general evaluation 
criteria and selection factors that apply to full applications to this 
funding opportunity are summarized below. The evaluation criteria for 
full applications will have different weights and details. Further 
information about the evaluation criteria and selection factors can be 
found in the full funding opportunity announcement.
    Evaluation Criteria for Projects: 1. Importance and/or relevance of 
proposed project to the program goals (55 points out of 110). This 
evaluation factor seeks to determine whether there is intrinsic value 
in the proposed work and relevance to NOAA, Federal, regional, state/
territorial, or local priorities. 2. Technical/Scientific Merit (25 
points out of 110). This evaluation factor seeks to determine whether 
the proposed approach is technically sound and/or innovative, if the 
methods are appropriate, and whether there are clear project goals and 
objectives. 3. Overall Qualifications of Applicants (10 points out of 
110). This evaluation factor seeks to determine whether the applicant 
possesses the necessary education, experience, training, facilities, 
and administrative resources to accomplish the project. 4. Project 
Costs (20 points out of 110). The budget is evaluated to determine if 
it is realistic and commensurate with the project needs and timeframe.
    Review and Selection Process: Once a full application has been 
received, NOAA will conduct an initial administrative review to 
determine compliance with requirements, completeness of the 
application, and eligibility of proposed costs and uses of the 
property. All proposals will be evaluated and scored individually in 
accordance with the assigned weights of the above evaluation criteria 
by an independent peer mail review or by an independent peer panel 
review. Both Federal and non-Federal experts may be used in this 
process. If non-Federal experts are used in this process, no consensus 
advice will be given by either the peer mail reviewers or the 
independent peer panel.
    Each proposal will be reviewed by at least three reviewers. Every 
project will be scored by the same number of reviewers. The scores will 
be presented to the program officers and averaged for a final score, 
which will be used to produce a rank order of the proposals. A final 
list will be ranked in order unless the proposal is justified to be 
selected out of rank order based upon the appropriate selection 
factors, listed below. The final ranked list may be made available 
prior to final appropriations or final selections. Subsequent grant 
administration procedures will be in accordance with current DOC and 
NOAA grant administration procedures.
    Selection Factors for Projects: The selecting official may choose 
to recommend a proposal out of rank order based upon: Availability of 
funding; geographic distribution of projects and/or funds; program 
objectives and priorities; duplication with projects funded, or under 
consideration by, NOAA or other Federal agencies, the applicant's prior 
performance period, and/or adequacy of information necessary to make a 
NEPA determination and draft necessary documentation before 
recommendations are made to the Grants Officer.
    Intergovernmental Review: Applications under this program are 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.'' A list of participating states and the clearinghouse points 
of contact can be found at http://whitehouse.gov/omb/grants/spoc.html.
    Limitation of Liability: In no event will NOAA or the Department of 
Commerce be responsible for proposal preparation costs if this program 
fails to receive funding or is cancelled because of other agency 
priorities. Publication of this announcement does not oblige NOAA to 
award any specific project or to obligate any available funds.
    National Environmental Policy Act (NEPA): NOAA must analyze the 
potential environmental impacts, as required by the National 
Environmental Policy Act (NEPA), for applicant projects or proposals 
that are seeking NOAA federal funding opportunities. Detailed 
information on NOAA compliance with NEPA can be found at the following 
NOAA NEPA Web site: http://www.nepa.noaa.gov/, including our NOAA 
Administrative Order 216-6 for NEPA, http://www.nepa.noaa.gov/NAO216-6-TOC.pdf, and the Council on Environmental Quality implementation 
regulations, http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm. 
Consequently, as part of an applicant's package, and under their 
description of their program activities, applicants are required to 
provide detailed information on the activities to be conducted, 
locations, sites, species and habitat to be affected, possible 
construction activities, and any environmental concerns that may exist 
(e.g., the use and disposal of hazardous or toxic chemicals, 
introduction of non-indigenous species, impacts to endangered and 
threatened species, aquaculture projects, and impacts to coral reef 
systems). In addition to providing specific information that will serve 
as the basis for any required impact analyses, applicants may also be 
requested to assist NOAA in drafting of an environmental assessment, if 
NOAA determines an assessment is required. Applicants will also be 
required to cooperate with NOAA in identifying feasible measures to 
reduce or avoid any identified adverse environmental impacts of their 
proposal. The failure to do so shall be grounds for not selecting an 
application. In some cases if additional information is required after 
an application is selected, funds can be withheld by the Grants Officer 
under a special award condition requiring the recipient to submit 
additional environmental compliance information sufficient to enable 
NOAA to make an assessment on any impacts that a project may have on 
the environment.
    The Department of Commerce Pre-Award Notification Requirements for 
Grants and Cooperative Agreements: The Department of Commerce Pre-Award 
Notification Requirements for Grants and Cooperative Agreements 
contained in the Federal Register notice of February 11, 2008 (73 FR 
7696), are applicable to this solicitation.
    Paperwork Reduction Act: This document contains collection-of-
information requirements subject to the Paperwork Reduction Act (PRA). 
The use of Standard Forms 424, 424A, 424B, and SF-LLL have been 
approved by OMB under the respective control

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numbers 0348-0043, 0348-0044, 0348-0040, and 0348-0046.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirement 
of the PRA unless that collection of information displays a currently 
valid OMB control number.
    Executive Order 12866: This notice has been determined to be not 
significant for purposes of Executive Order 12866.
    Executive Order 13132 (Federalism): It has been determined that 
this notice does not contain policies with Federalism implications as 
that term is defined in Executive Order 13132.
    Administrative Procedure Act/Regulatory Flexibility Act: Prior 
notice and opportunity for public comment are not required by the 
Administrative Procedure Act or any other law for rules concerning 
public property, loans, grants, benefits, and contracts (5 U.S.C. 
553(a)(2)). Because notice and opportunity for comments are not 
required pursuant to 5 U.S.C. 553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are inapplicable. Therefore, a regulatory flexibility analysis has not 
been prepared.

    Dated: May 20, 2008.
John E. Potts,
Acting Associate Assistant Administrator for Management and CFO/CAO, 
NOS, National Oceanic and Atmospheric Administration.
 [FR Doc. E8-11677 Filed 5-22-08; 8:45 am]
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