[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17070-17072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06336]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB489]


Fisheries Finance Program; Announcement of Availability of 
Federal Financial Assistance for Western Alaskan Community Development 
Groups

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

ACTION: Notice of availability of Federal financial assistance for 
Western Alaskan Community Development Quota Groups.

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SUMMARY: NMFS announces the availability of long-term direct loans for 
Western Alaskan Community Development Quota (CDQ) groups through the 
Community Development Loan program as a component of the Fisheries 
Finance Program (FFP). The Community Development loans will provide 
financing for the purchase of all or part of ownership interests in 
fishing or processing vessels, shoreside fish processing facilities, 
permits, quota, and cooperative rights in any of the Bering Sea and 
Aleutian Island fisheries. FFP loans are not issued for purposes that 
could contribute to over-fishing.

DATES: Letters of interest must be received by April 25, 2022. 
Applications should be submitted beginning April 25, 2022 and must be 
received by June 24, 2022.

ADDRESSES: Letters of interest will only be accepted via email to 
[email protected]. Applications must be submitted 
electronically to [email protected] through secure 
transmissions.

FOR FURTHER INFORMATION CONTACT: Applicants may obtain information 
regarding Community Development loans by contacting: Scott Houghtaling, 
Branch Chief; Northwest Financial Services Branch, F/MB53 National 
Marine Fisheries Service, National Oceanic and Atmospheric 
Administration. Phone: (206) 526-6122 or by email to 
[email protected].

[[Page 17071]]


SUPPLEMENTARY INFORMATION:

I. Introduction

A. Authority

    The FFP's primary statutory authority is found in Title XI of the 
Merchant Marine Act, 1936, as amended and now recodified at 46 U.S.C. 
53701, et seq. (Act). The Sustainable Fisheries Act (SFA) (Pub. L. 104-
297, 110 Stat 3559) amended section 1104A(a)(7) of Title XI of the 
Merchant Marine Act of 1936 and section 303(d)(4) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C. 1801 et seq.) to authorize Individual Fishing Quota 
financing.
    Authority for the Community Development Loan program for CDQ 
lending as a component of the FFP is found in the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999, Public Law 105-
277, 112 stat. 2681-635, Section 211(e), as amended by the Science, 
State, Justice, Commerce, and Related Agencies Appropriations Act of 
2006, Public Law 109-108, 119 Stat. 2311-2312 and the Coast Guard and 
Maritime Transportation Act of 2006, Public Law 109-241, 120 stat. 545, 
section 416(c). NMFS published a final rule for CDQ lending in the 
Federal Register on December 16, 2010 (75 FR 78619), codified at 50 CFR 
part 253. This authority is subject to the Federal Credit Reform Act of 
1990 (FCRA) (2 U.S.C. 661 et seq.) and the Single Audit Act Amendments 
of 1996 (31 U.S.C. 7501 et seq.). CDQ loans are subject to all FFP 
general credit standards and requirements, except that CDQ loans may 
have terms up to thirty years pursuant to 50 CFR 253.29(d), but shall 
not exceed the project property's useful life. Collateral, guarantee 
and other requirements may be adjusted to individual credit risks.

B. Assistance Listings

    The FFP is listed on www.sam.gov under the ``Catalog of Federal 
Domestic Assistance'' number 11.415: Fisheries Finance Program.

C. Funding Availability

    The amount of credit authority available for the purposes of 
purchasing all or part of the ownership interests in fishing or 
processing vessels, shoreside fish processing facilities, permits, 
quota, and cooperative rights in any of the Bering Sea and Aleutian 
Island fisheries, is approximately $197,284,200. This amount is 
available until expended.

D. Eligibility Criteria

    Eligible applicants are defined in Public Law 105-277, 112 Stat 
2681, Section 211(e). The following six CDQ groups are eligible to 
apply:
    1. Aleutian Pribilof Island Community Development Association;
    2. Bristol Bay Economic Development Corporation;
    3. Central Bering Sea Fishermen's Association;
    4. Coastal Villages Region Fund;
    5. Norton Sound Economic Development Corporation; and
    6. Yukon Delta Fisheries Development Association.

E. Process & Priority for Accepting Applications

    (1) The FFP has approximately $197,284,200 in CDQ loan authority. 
Each of the six CDQ groups may submit a letter of interest to borrow up 
to $32,880,700 for a qualified FFP loan project(s) by April 25, 2022.
    (2) Letters of interest will only be accepted via email to 
[email protected].
    (3) NMFS will respond to letters of interest from the CDQ groups by 
providing FFP Loan Application Form, NOAA Form 88-1 and instructions 
for submitting applications electronically through secure 
transmissions. Applications will only be accepted electronically 
through secured transmissions.
    (4) If NMFS does not receive letters of interest from the CDQ 
groups totaling $197,280,000 by April 25, 2022, NMFS will inform the 6 
CDQ groups that the remaining funds will be available on a first come 
basis. Any CDQ group that has already submitted a letter of interest 
may adjust its funding request in a subsequent letter of interest or 
application should remaining funds be available as described, and any 
CDQ group that had not previously submitted a letter of interest may 
still do so in the event of any remaining funds. There is no preference 
for a letter of interest or application for remaining funds, either 
will be accepted for purposes of determining who has expressed interest 
first, provided that a timely application is subsequently received by 
June 24, 2022. If at any time, the total amounts requested exceed the 
lending authority listed above, priority will be based on the date and 
time of the electronic submission.
    (5) NMFS will begin accepting applications on April 25, 2022 at 9 
a.m., EDT. Applications received before this time will not be accepted. 
Applications will be reviewed in the order in which they are received. 
Applications must be submitted electronically to 
[email protected] through secure transmissions. Each CDQ group 
will have until June 24, 2022 to submit a loan application(s).
    (6) If NMFS does not receive any loan applications by June 24, 2022 
for the extent of its loan authority, NMFS will inform the 6 CDQ groups 
that the remaining funds will be available on a first come basis. If at 
any time, the total amounts requested exceed the lending authority 
listed above, priority will be based on the date and time of the 
electronic submission.

II. Administrative Requirements & Evaluation Criteria

    (1) Per Section 1.A. of this notification, Community Development 
loans to CDQ groups are subject to all FFP general credit standards and 
requirements in 50 CFR part 253. These include, for example, 
requirements for applicable interest rates, principal, collateral, and 
working capital, lending restrictions, ability and experience 
requirements, and application fees. In addition, NMFS will not approve 
loans for fisheries that are listed as overfished or subject to 
overfishing. NMFS will undertake a due diligence investigation of every 
application to determine if, in its sole judgment, the application is 
both eligible for a loan because it meets the applicable loan 
requirements and qualified because the project is deemed an acceptable 
credit risk. Among other investigations, applicants may be subject to a 
background check, fisheries violations check and credit review. 
Background checks are intended to reveal if any key individuals 
associated with the project have been convicted of, or are presently 
facing criminal charges such as fraud, theft, perjury, or other matters 
which significantly reflect on the applicant's honesty or financial 
integrity.
    (2) Community Development loans to CDQ groups are also subject to 
the requirements for Federal loans codified in the Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards, as described in 2 CFR 200.101(b), adopted by the 
Department of Commerce in 2 CFR part 1327. Applicable requirements for 
Federal loans include, but are not limited to, internal controls (2 CFR 
200.303) and audit requirements (2 CFR part 200, subpart F). 
Prospective ``participants'' (as defined at 2 CFR 180.980) are subject 
to 2 CFR part 180, subparts A through I, as supplemented by 2 CFR part 
1326, regarding ``Nonprocurement Debarment and Suspension.'' Disclosure 
of an applicant's Taxpayer Identification

[[Page 17072]]

Number, and, to the extent permitted by applicable law, the social 
security number for an individual, may be made in the event NMFS takes 
action to exclude a person under the nonprocurement debarment and 
suspension system using the System for Award Management Exclusions, as 
described in 2 CFR part 180, subpart E.
    (3) In accordance with the provisions of the Debt Collection 
Improvement Act of 1996, a person may not obtain any Federal financial 
assistance in the form of a loan (other than a disaster loan) or loan 
guarantee if the person has an outstanding debt (other than a debt 
under the Internal Revenue Code of 1986) with any Federal agency which 
is in a delinquent status, as determined under standards prescribed by 
the Secretary of the Treasury.
    (4) A false statement on an application is grounds for denial or 
termination of funds and grounds for possible punishment by a fine or 
imprisonment as provided in 18 U.S.C. 1001 and an event of a security 
default. 50 CFR 253.12(c).
    (5) Recipients of Federal loans are subject to the applicable 
lobbying provisions of 31 U.S.C. 1352, ``Limitation on use of 
appropriated funds to influence certain Federal contracting and 
financial transactions.'' Applicants must submit a completed Form CD-
511, ``Certification Regarding Lobbying.''
    (6) An applicant classified for tax purposes as an individual, 
limited liability company, partnership, proprietorship, corporation, or 
legal entity is required to submit a taxpayer identification number 
(TIN) (either social security number, employer identification number as 
applicable, or registered foreign organization number) on Form W-9, 
``Payers Request for Taxpayer Identification Number.'' Recipients who 
either fail to provide their TIN or provide an incorrect TIN may have 
funding suspended until the requirement is met.
    (7) An audit of a Community Development loan may be conducted at 
any time; expenditures of or exceeding $750,000 during a non-Federal 
entity's fiscal year in Federal awards must have a single or program-
specific audit for that year. 50 CFR 253.25(d); 2 CFR 200.501(a). 
Auditee responsibilities are set forth in 2 CFR 200.508. Auditors, 
selected pursuant to 2 CFR 200.509, shall have access to any and all 
personnel, accounts, books, documents, papers and records, supporting 
documentation and other information of the obligor or any other party 
to a financing, that the auditor(s) deem pertinent, whether written, 
printed, recorded, produced or reproduced by any mechanical, magnetic 
or other process or medium.

III. Regulatory Determinations

    Neither the Administrative Procedure Act nor any other law requires 
prior notice and opportunity for public comment about this document 
(which concerns loans). Consequently, the Regulatory Flexibility Act 
does not require a regulatory flexibility analysis. This action is not 
a ``regulation'' for purposes of Executive Order 12866 (Regulatory 
Planning and Review) nor does it constitute a policy that has 
federalism implications under Executive Order 13132 (Federalism).
    This notification contains and refers to collection-of-information 
requirements subject to the Paperwork Reduction Act. The application 
requirements contained in the notification have been approved under OMB 
control number 0648-0012. 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 Paperwork Reduction Act unless that 
collection of information displays a currently valid OMB control 
number.
    This action is subject to the National Environmental Policy Act. 
Pursuant to the NOAA Administrative Order 216-6A and the NOAA Companion 
Manual (CM), ``Policy and Procedures for Compliance with the National 
Environmental Policy Act and Related Authorities'' (effective January 
13, 2017), NMFS has determined that this action is categorically 
excluded from the requirement to prepare an environmental impact 
statement or environmental assessment under Categorical Exclusion D.1, 
at CM Appendix E. The action does not involve any of the extraordinary 
circumstances provided in NOAA's NEPA procedures, and therefore does 
not require further analysis to determine whether the action may have 
significant effects (CM at 4.A).

    Dated: March 22, 2022.
Brian Pawlak,
Director, NMFS Office of Management and Budget.
[FR Doc. 2022-06336 Filed 3-24-22; 8:45 am]
BILLING CODE 3510-22-P