[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5765-5766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 090219207-0016-02]
RIN 0648-ZC05


NOAA Coastal and Marine Habitat Restoration Project Supplemental 
Funding

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

ACTION: Notice of supplemental funding for NOAA Coastal and Marine 
Habitat Restoration Projects.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes this 
notice to describe how it will administer the approximately 3 percent 
of funding that remains from the original allocation provided to NMFS 
under the American Recovery and Reinvestment Act (ARRA). These funds 
were set aside specifically to manage and mitigate risks to the 
original habitat restoration investments and ensure program goals are 
achieved. NMFS is only accepting requests for supplemental funding from 
existing ARRA grantees that were awarded funds as a result of the 
original competition. There is the possibility that NMFS may also fund 
additional projects selected from the ranked list of previously 
reviewed proposals that was provided to the Selecting Official as part 
of the original competition.

DATES: Recipients of ARRA Habitat Restoration project awards may 
contact NMFS to discuss the process for requesting supplemental 
funding. Requests for supplemental funding will be considered on a 
rolling basis.

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

SUPPLEMENTARY INFORMATION: In 2009, NMFS provided ARRA funding for 50 
habitat restoration projects. These projects were selected on a 
competitive basis from among 814 eligible applications submitted in 
response to a Federal Register Notice published March 6, 2009 (74 FR 
9793). Approximately 3 percent of the funding originally allocated to 
NMFS was held in reserve to manage and mitigate risks to these habitat 
restoration investments and ensure program goals for economic and 
ecological value are achieved. NMFS intends to award these remaining 
funds to its existing ARRA grantees pursuant to the priorities below 
and potentially to additional projects selected from the ranked list of 
previously reviewed proposals. No other new applications will be 
accepted. Requests for supplemental funding will be considered on a 
case-by-case basis, based on bona fide need and priorities listed 
herein, and not in the order in which requests are received.

Electronic Access

    Current recipients of ARRA Habitat Restoration project awards 
should contact their Federal Program Officer at 301-713-0174, or by 
email, for further information regarding the process for requesting 
supplemental funding. Federal Program Officers and their contact 
information are identified in award information available to recipients 
in NOAA's Grants Online.
    The 50 projects selected for funding as a result of the original 
competition can be viewed at http://www.nmfs.noaa.gov/habitat/restoration/restorationatlas/recovery_map.html.

Statutory Authority

    The Secretary of Commerce is authorized under the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2006 (16 
U.S.C. 1891a) and the Fish and Wildlife Coordination Act (16 U.S.C. 
661, as amended by the Reorganization Plan No. 4 of 1970) to provide 
grants and cooperative agreements for habitat restoration.

Funding Availability

    To meet ARRA and agency goals for accountability and risk 
management, approximately 3 percent of the original ARRA allocation for 
habitat restoration was set aside to serve as a risk margin for 
unforeseen changes to technical, financial, or scheduling aspects of 
funded restoration projects. Remaining funds will be made available 
primarily to existing recipients of NOAA ARRA Habitat Restoration 
project awards. NOAA does not guarantee that sufficient funds will be 
available to make awards for all supplemental requests. Publication of 
this document does not obligate NOAA to award funds for any specific 
project or to obligate all or any parts of any available funds. Funds 
will primarily be issued as amendments to current ARRA awards.

Eligibility

    This funding is for current recipients of NOAA ARRA Habitat 
Restoration project awards.

Funding Priorities

    NMFS expects to award remaining funds primarily to existing 
grantees who have met one or more of the following priorities:

[[Page 5766]]

     Project cost increases. NMFS acknowledges that certain 
existing projects may exceed projected costs due to various technical, 
financial, or scheduling factors unforeseen by the recipient and may 
require supplemental funds in order to complete the project. No 
contingency funds were allowed in original awards.
     Expanding ecological or economic monitoring and evaluation 
of select existing projects.
     Increasing the ecological impact of an existing project by 
allowing for additional work to be completed that is consistent with 
the approved scope of work or the original request.
    NMFS reserves the right to fund additional projects selected from 
the ranked list of previously reviewed proposals that was provided to 
the Selecting Official as part of the original competition.

Cost-Sharing Requirements

    There is no statutory matching requirement for this funding.

Evaluation and Selection Procedures

    Supplemental funds will be granted primarily to current recipients 
of ARRA Habitat Restoration project awards through amendments 
specifically for cost overruns or expansion of a project as described 
above, in accordance with the Department of Commerce (DOC) Grants 
Manual. Decisions regarding which recipients will be provided with 
supplemental funding to further support habitat restoration activities 
are at the sole discretion of the Selecting Official, with final 
approval of the Grants Officer. Amendments will be recommended by the 
Selecting Official and approved by the Grants Officer without 
competition.

Intergovernmental Review

    Applications submitted by state and local governments are subject 
to the provisions of Executive Order 12372, ``Intergovernmental Review 
of Federal Programs.'' Any applicant submitting an application for 
funding is required to complete item 16 on SF-424 regarding clearance 
by the State Single Point of Contact (SPOC) established as a result of 
EO 12372. To find out and comply with a State's process under EO 12372, 
the names, addresses and phone numbers of participating SPOCs are 
listed in the Office of Management and Budget's home page 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 these programs fail to receive 
funding or are cancelled because of other agency priorities. 
Publication of this announcement does not obligate NOAA to award funds 
for any specific project or to obligate any available funds.

National Environmental Policy Act

    All information regarding the National Environmental Policy Act 
included in the original Notification of Funding Availability (74 FR 
9793) and Federal Funding Opportunity (NOAA-NMFS-HCPO-2009-2001709) 
apply to the award of new or supplemental funding.

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 notice.

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, SF-LLL, and CD-346 has been approved by the Office of 
Management and Budget (OMB) under the respective control numbers 0348-
0043, 0348-0044, 0348-0040, 0348-0046, and 0605-0001. Notwithstanding 
any other provision of law, no person is required to, nor shall a 
person be subject to 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 (Regulatory Impact Review)

    This notice has been determined to be not significant for purposes 
of Executive Order 12866.

Executive Order 12132 (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 an 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 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. 601 et seq.) 
are not applicable. Therefore, a regulatory flexibility analysis has 
not been prepared.

    Dated: January 29, 2010.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-2410 Filed 2-3-10; 8:45 am]
BILLING CODE 3510-22-S