[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41862-41864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19821]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 0612242720-91220-04]


Coastal and Estuarine Land Conservation Program--Re-opening of FY 
2010 Competition

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

ACTION: Notice of funding availability; amendment.

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SUMMARY: NOAA publishes this notice to amend the Federal Funding 
Opportunity (NOS-OCRM-2010-2001655) entitled ``Coastal and Estuarine 
Land Conservation Program (CELCP)--FY 2010 Competitive List'' which was 
originally announced in the Federal Register on January 2, 2009 (74 FR 
82). This notice announces changes to the eligibility criteria, program 
priorities, and selection criteria to implement the requirements of the 
Omnibus Public Lands Management Act of 2009 (March 30, 2009). As a 
result of these changes, the application period for proposals is re-
opened to provide eligible states and territories with the opportunity 
to adjust project proposals to comport with the changes, which are 
summarized in this notice and more fully described in the full Federal 
Funding Opportunity (FFO) Announcement for this competition.

DATES: Final Applications must be received by Grants.gov (http://www.grants.gov) or be delivered to the OCRM office (address listed in 
this announcement) no later than 6 p.m. EDT on September 18, 2009. No 
facsimile or electronic mail applications will be accepted. Paper 
applications delivered after the deadline will not be accepted, 
regardless of postmark date. Any application received after the 
deadline will not be considered for funding in this competition.
    Applications delivered in hard copy will be date and time stamped 
when they are received. Applications submitted through Grants.gov will 
have a date and time indication on them. Please Note: It may take 
Grants.gov up to two (2) business days to validate or reject the 
application. Please keep this in mind in developing your submission 
timeline.

ADDRESSES: All application materials can be found at the grants.gov 
portal 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 officials identified below.
    To Request an Application Package or for Further Information 
Contact: Elaine Vaudreuil (301) 713-3155 ext 103; E-mail: 
[email protected]; Fax: (301) 713-4370 or Elisabeth Morgan 
(301) 713-3155 ext 166; E-mail: [email protected]; Fax: (301) 
713-4367.

SUPPLEMENTARY INFORMATION:
    The National Oceanic and Atmospheric Administration (NOAA), 
National Ocean Service (NOS), announces that it is amending the FY 2010 
solicitation for the Coastal and Estuarine Land Conservation Program 
(CELCP), originally published on January 2, 2009 (74 FR 82), to 
implement requirements in the Omnibus Public Lands Management Act of 
2009, Public Law 111-11 (March 30, 2009). The program makes the 
following changes to the program requirements: at least 15% of 
appropriated funds shall now be available for CELCP projects that 
benefit National Estuarine Research Reserves; the program allows newly-
eligible sources of in-kind match, including lands or interests in 
lands (easements) held by qualified non-governmental organizations and 
costs associated with lands or easements proposed for use as in-kind 
match, such as land acquisition expenses, land management planning, 
remediation, restoration or enhancement, that were not previously 
eligible; the value of in-kind match properties will now be based on 
the appraised value of the land or easement at the time of grant 
closing (which, for the purposes of this competition, valuation should 
be conducted within the nine months preceding the award expiration 
date) rather than at the time the property is acquired or donated; 
applicants must demonstrate that property sellers are willing 
participants in negotiations for sale of property at a mutually 
agreeable price; coastal states and territories must now ensure that 
proposed projects complement working waterfront needs; greater emphasis 
will be placed on applicants' ability to demonstrate successful 
leveraging of funds; and NOAA may now select projects from this 
competition for additional FY 2010 funding requested in the President's 
Budget as part of EPA's Great Lakes Restoration Initiative, if 
appropriated.
    Due to the amendments to the program, the due date for applications 
is extended until September 18, 2009. It is anticipated that projects 
funded under this announcement will still have a grant start date 
between March 1, 2010, and October 1, 2010.
    Under this amended solicitation, NOS allows for modifications to 
applications originally received under the initial announcement, and 
allows new applications for projects from eligible applicants. Any 
proposal that was submitted to the initial solicitation within the 
initial deadline is not required to be resubmitted to be considered 
under this amendment. However, changes to the solicitation announced by 
this amendment may impact the viability or scoring of proposals 
submitted by applicants in response to the initial announcement. 
Applicants may revise proposals to address these changes; however, any 
revisions to such proposals must be

[[Page 41863]]

submitted by the new deadline in order for the revised changes to be 
considered under this amended solicitation. An applicant may 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.
    The following sections of that Federal Funding Opportunity have 
been amended to reflect the changes announced in this notice: 
``Dates,'' ``Funding Opportunity Description,'' ``Award Information,'' 
``Eligibility Information,'' ``Application and Submission 
Information'', ``Application Review Information,'' and ``Award 
Administration Information''.
    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 or NOAA's CELCP Web site under ``Funding 
Opportunities'' (http://coastalmanagement.noaa.gov/land/celcp_fundingop.html). The announcement will also be available 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: Public Law 111-11 (March 30, 2009) (formerly 
16 U.S.C. l456d).
    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 2010. Funding for 
projects is contingent upon availability of Federal appropriations for 
FY 2010. Applicants are hereby given notice that funds have not yet 
been appropriated for this program. The FY 2010 President's request for 
CELCP is $15 million, and the request for EPA's Great Lakes Restoration 
Initiative includes an additional $5 million for CELCP projects in 
Great Lakes states. Annual appropriated funding levels for the CELCP 
have ranged from $8-$50 million from FY 2002-2009. Eligible applicants 
may 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.
    The standard grant award period is 18 months. NOAA may extend the 
performance period for project grants up to an additional 18 months 
(for a maximum total performance period of 3 years) if circumstances 
warrant and if progress on the project is being demonstrated.
    CFDA: 11.419 Coastal Management Administration Awards.
    Eligibility: Only coastal states and territories with a Coastal 
Zone Management Program or National Estuarine Research Reserve approved 
under the CZMA and which have submitted a draft CELCP plan on or before 
February 24, 2009, are eligible to participate in this competition. A 
list of the status of each state and territory's CELCP plan, including 
the states and territories eligible for this competition, is available 
at http://coastalmanagement.noaa.gov/land/media/CELCPplans_web.pdf. 
The designated lead agency for implementing CELCP in each state or 
territory (``lead agency'') is eligible to submit projects for funding 
under this competition. A list of lead contacts for each state and 
territory is available on the CELCP Web site at http://coastalmanagement.noaa.gov/land/meadia/celcpstateleadcontacts.pdf, or 
by contacting the program officials identified in FOR FURTHER 
INFORMATION CONTACT. The designated lead agency may solicit, and 
include in their application, project proposals from additional 
eligible state or territorial agencies, local governments as 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. Interested 
parties should contact the appropriate CELCP lead in each state or 
territory.
    Intergovernmental Review: Applications under this program are 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs'' for states that participate in this process. A list of the 
participating states and the clearinghouse points of contact can be 
found at http://www.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. Recipients and subrecipients are subject 
to all Federal laws and agency policies, regulations and procedures 
applicable to Federal financial assistance awards.
    National Environmental Policy Act (NEPA):
    NEPA and the Council on Environmental Quality (CEQ) implementing 
regulations (40 CFR parts 1500 through 1508) require that an 
environmental analysis be completed for all major Federal actions 
significantly affecting the environment. NEPA applies to the actions of 
Federal agencies and may include a Federal agency's decision to fund 
non-Federal projects under grants and cooperative agreements. Detailed 
information on NOAA compliance with NEPA can be found at the following 
NOAA NEPA Web site: http://nepa.noaa.gov/, including our NOAA 
Administrative Order 216-6 for NEPA, http://www.nepa.noaa.gov/NAO216_6_TOC.ped and CEQ implementation regulations, http://ceg.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm. Consequently, as part of all project 
application packages, 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 contained in the Federal Register 
notice of February 11, 2008 (73 FR 7686) are applicable to this 
solicitation.
    Paperwork Reduction Act:
    This collection of information contains requirements subject to the 
Paperwork Reduction Act (PRA). The use of Standard Forms 424, 424A, 
424B and SF-LLL and CD-346 has been approved by the Office of 
Management and Budget (OMB) under the respective

[[Page 41864]]

control numbers 0348-0043, 0348-0044, 0348-0040, 0348-0046 and 0605-
0001. 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 requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number.
    Executive Order 12866:
    It has been determined that this notice is 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/Requlatory Flexibility Act:
    Prior notice and comment are not required under 5 U.S.C. 553, or 
any other law, for rules relating to public property, loans, grants, 
benefits or contracts (5 U.S.C. 553(a)). Because prior notice and an 
opportunity for public comment 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. et seq.) are inapplicable. Therefore, a 
regulatory flexibility analysis is not required and has not been 
prepared.

    Dated: August 13, 2009.
John H. Dunnigan,
Assistant Administrator, National Ocean Service, NOAA.
[FR Doc. E9-19821 Filed 8-18-09; 8:45 am]
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