Damage Assessment and Restoration Program; Indirect Cost Rates (2003 FY), 29280-29281 [05-10162]

Download as PDF 29280 Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Evaluation of State Coastal Management Programs and National Estuarine Research Reserves National Oceanic and Atmospheric Administration (NOAA), Office of Ocean and Coastal Resource Management, National Ocean Service, Commerce. ACTION: Notice of Intent to Evaluate and Notice of Availability of Final Findings. AGENCY: SUMMARY: The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Pennsylvania Coastal Management Program. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended, (CZMA) and regulations at 15 CFR Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Zone Management Programs requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. The evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the date of the site visit for the listed evaluation, and the date, local time, and location of the public meeting during the site visit. The Pennsylvania Coastal Management Program evaluation site visit will be held July 11–15, 2005. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 13, 2005, at 7 p.m. at the Philadelphia Water Works, 640 Water Works Drive, Philadelphia, Pennsylvania. Copies of a state’s most recent performance reports, as well as OCRM’s notification and supplemental request letters to the state, are available upon request from OCRM. Written comments from interested parties regarding this Program are encouraged and will be accepted until 15 days after the public meeting. Please direct written comments VerDate jul<14>2003 20:07 May 19, 2005 Jkt 205001 to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 EastWest Highway, 10th Floor, Silver Spring, Maryland 20910. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Virgin Islands Coastal Management Program (CMP); and the South Slough (Oregon) and GuanaTolomato-Matanzas (Florida) National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The territory of the Virgin Islands was found to be implementing and enforcing its federally approved coastal management program, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)– (K), and adhering to the programmatic terms of its financial assistance awards. South Slough (Oregon) and GuanaTolomato-Matanzas (Florida) NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov, (301) 713– 3155, extension 118. FOR FURTHER INFORMATION CONTACT: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 EastWest Highway, 10th Floor, Silver Spring, Maryland 20910, (301) 713– 3155, extension 118. Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration. Dated: May 13, 2005. Eldon Hout, Director, Office of Ocean and Coastal Resource Management. [FR Doc. 05–10161 Filed 5–19–05; 8:45 am] BILLING CODE 3510–08–P PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Damage Assessment and Restoration Program; Indirect Cost Rates (2003 FY) National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Indirect Cost Rates for the Damage Assessment and Restoration Program for Fiscal Year 2003. AGENCY: SUMMARY: The National Oceanic and Atmospheric Administration’s (NOAA) Damage Assessment and Restoration Program (DARP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal year (FY) 2003. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the DARP policy can be found at the DARP Web site at: www.darp.noaa.gov. FOR FURTHER INFORMATION CONTACT: Brian Julius at 301–713–3038, ext. 199, by fax at 301–713–4387, or e-mail at Brian.Julius@noaa.gov. SUPPLEMENTARY INFORMATION: The mission of the DARP is to restore natural resource injuries caused by releases of hazardous substances or oil under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et seq.), and support restoration of physical injuries to National Marine Sanctuary resources under the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). The DARP consists of three component organizations: The Damage Assessment Center (DAC) within the National Ocean Service; the Restoration Center within the National Marine Fisheries Service; and the Office of the General Counsel for Natural Resources (GCNR). The DARP conducts Natural Resource Damage Assessments (NRDAs) as a basis for recovering damages from responsible parties, and uses the funds recovered to restore injured natural resources. Consistent with Federal accounting requirements, the DARP is required to account for and report the full costs of its programs and activities. Further, the DARP is authorized by law to recover reasonable costs of damage assessment and restoration activities under CERCLA, OPA, and the NMSA. Within the constraints of these legal provisions E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Notices and their regulatory applications, the DARP has the discretion to develop indirect cost rates for its component organizations and formulate policies on the recovery of indirect cost rates subject to its requirements. The DARP’s Indirect Cost Effort In December 1998, the DARP hired the public accounting firm Rubino & McGeehin, Chartered (R&M), to: Evaluate the cost accounting system and allocation practices; recommend the appropriate indirect cost allocation methodology; and determine the indirect cost rates for the three organizations that comprise the DARP. A Federal Register notice on R&M’s effort, their assessment of the DARP’s cost accounting system and practice, and their determination regarding the most appropriate indirect cost methodology and rates for FYs 1993 through 1999 was published on December 7, 2000 (65 FR 76611). The notice and report by R&M can also be found on the DARP Web site at: http://www.darp.noaa.gov. R&M continued its assessment of DARP’s indirect cost rate system and structure for FYs 2000 and 2001. A second federal notice specifying the DARP indirect rates for FYs 2000 and 2001 was published on December 2, 2002 (67 FR 71537). In October 2002, DARP hired the accounting firm of Cotton and Company LLP (Cotton) to review and certify DARP costs incurred on cases for purposes of cost recovery and to develop indirect rates for FY 2002 and subsequent years. As in the prior years, Cotton concluded that the cost accounting system and allocation practices of the DARP component organizations are consistent with Federal accounting requirements. Consistent with R&M’s previous analyses, Cotton also determined that the most appropriate indirect allocation method continues to be the Direct Labor Cost Base for all three DARP component organizations. The Direct Labor Cost Base is computed by allocating total indirect cost over the sum of direct labor dollars plus the application of NOAA’s leave surcharge and benefits rates to direct labor. Direct labor costs for contractors from the Oak Ridge Institute for Science and Education (ORISE) also were included in the direct labor base because Cotton determined that these costs have the same relationship to the indirect cost pool as NOAA direct labor costs. ORISE provides on-site support to the DARP in the areas of injury assessment, natural resource economics, restoration planning and implementation, and policy analysis. A third federal notice specifying the DARP VerDate jul<14>2003 20:07 May 19, 2005 Jkt 205001 indirect rates for FY 2002 was published on October 6, 2003 (68 FR 57672). Cotton’s reports on the FY 2002 DARP indirect rates can also be found on the DARP Web site at: http:// www.darp.noaa.gov. Cotton reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2003 indirect cost rates. The DARP’s Indirect Cost Rates and Policies The DARP will apply the indirect cost rates for FY 2003 as recommended by Cotton for each of the DARP component organizations as provided in the following table: FY 2003 indirect rate (percent) DARP component organization 29281 Dated: May 16, 2005. Mitchell Luxenberg, Acting Director, Management and Budget, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 05–10162 Filed 5–19–05; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 051305D] Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and AtmosphericAdministration, Commerce. ACTION: Notice of availability of decision and analysis documents for incidental take permit. AGENCY: SUMMARY: This notice advises the public that an incidental take permit to the Idaho Department of Fish and Game (IDFG), pursuant to the Endangered 206.47 Species Act of 1973 (ESA), has been issued and that the decision documents These rates are based on the Direct are available upon request. Labor Cost Base allocation methodology. DATES: Permit 1481 was issued on March 30, 2005, subject to certain The FY 2003 rates will be applied to conditions set forth therein. The permit all damage assessment and restoration expires on May 31, 2010. case costs incurred between October 1, ADDRESSES: Requests for copies of the 2003 and September 30, 2004. DARP decision documents or any of the other will use the FY 2003 indirect cost rates associated documents should be for future fiscal years until subsequent directed to the Salmon Recovery year-specific rates can be developed. Division, National Marine Fisheries For cases that have settled and for Service, 10095 W. Emerald, Boise, Idaho cost claims paid prior to the effective 83704. The documents are also available date of the fiscal year in question, the on the Internet at www.nwr.noaa.gov. DARP will not re-open any resolved FOR FURTHER INFORMATION CONTACT: matters for the purpose of applying the Herb Pollard, Boise, Idaho, at phone revised rates in this policy for these number: (208) 378–5614, e-mail: fiscal years. For cases not settled and herbert.pollard@noaa.gov. cost claims not paid prior to the SUPPLEMENTARY INFORMATION: This effective date of the fiscal year in notice is relevant to the following question, costs will be recalculated species and evolutionarily significant using the revised rates in this policy for units (ESUs): these fiscal years. Where a responsible Spring/summer chinook salmon party has agreed to pay costs using (Oncorhynchus tshawytscha): previous year’s indirect rates, but has threatened Snake River; not yet made the payment because the Fall chinook salmon (Oncorhynchus settlement documents are not finalized, tshawytscha): threatened Snake River; the costs will not be recalculated. Sockeye salmon (Oncorhynchus nerka): endangered Snake River; and The DARP indirect cost rate policies Steelhead (Oncorhynchus mykiss): and procedures published in the threatened Snake River. Federal Register on December 7, 2000 (65 FR 76611), on December 2, 2002 (67 Permits FR 71537), and October 6, 2003 (68 FR Permit 1481 was issued to IDFG on 57672) remain in effect except as March 31, 2005. Permit 1481 authorizes updated by this notice. IDFG annual incidental take of naturally produced and artificially propagated Damage Assessment Center (DAC) ........................................ Restoration Center (RC) ............... General Counsel for Natural Resources (GCNR) ....................... PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 261.96 223.74 E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Notices]
[Pages 29280-29281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10162]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Damage Assessment and Restoration Program; Indirect Cost Rates 
(2003 FY)

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of Indirect Cost Rates for the Damage Assessment and 
Restoration Program for Fiscal Year 2003.

-----------------------------------------------------------------------

SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA) 
Damage Assessment and Restoration Program (DARP) is announcing new 
indirect cost rates on the recovery of indirect costs for its component 
organizations involved in natural resource damage assessment and 
restoration activities for fiscal year (FY) 2003. The indirect cost 
rates for this fiscal year and dates of implementation are provided in 
this notice. More information on these rates and the DARP policy can be 
found at the DARP Web site at: www.darp.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Brian Julius at 301-713-3038, ext. 
199, by fax at 301-713-4387, or e-mail at Brian.Julius@noaa.gov.

SUPPLEMENTARY INFORMATION: The mission of the DARP is to restore 
natural resource injuries caused by releases of hazardous substances or 
oil under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) (42 U.S.C. 9601 et seq.), the Oil Pollution Act 
of 1990 (OPA) (33 U.S.C. 2701 et seq.), and support restoration of 
physical injuries to National Marine Sanctuary resources under the 
National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.). The 
DARP consists of three component organizations: The Damage Assessment 
Center (DAC) within the National Ocean Service; the Restoration Center 
within the National Marine Fisheries Service; and the Office of the 
General Counsel for Natural Resources (GCNR). The DARP conducts Natural 
Resource Damage Assessments (NRDAs) as a basis for recovering damages 
from responsible parties, and uses the funds recovered to restore 
injured natural resources.
    Consistent with Federal accounting requirements, the DARP is 
required to account for and report the full costs of its programs and 
activities. Further, the DARP is authorized by law to recover 
reasonable costs of damage assessment and restoration activities under 
CERCLA, OPA, and the NMSA. Within the constraints of these legal 
provisions

[[Page 29281]]

and their regulatory applications, the DARP has the discretion to 
develop indirect cost rates for its component organizations and 
formulate policies on the recovery of indirect cost rates subject to 
its requirements.

The DARP's Indirect Cost Effort

    In December 1998, the DARP hired the public accounting firm Rubino 
& McGeehin, Chartered (R&M), to: Evaluate the cost accounting system 
and allocation practices; recommend the appropriate indirect cost 
allocation methodology; and determine the indirect cost rates for the 
three organizations that comprise the DARP. A Federal Register notice 
on R&M's effort, their assessment of the DARP's cost accounting system 
and practice, and their determination regarding the most appropriate 
indirect cost methodology and rates for FYs 1993 through 1999 was 
published on December 7, 2000 (65 FR 76611). The notice and report by 
R&M can also be found on the DARP Web site at: http://
www.darp.noaa.gov.
    R&M continued its assessment of DARP's indirect cost rate system 
and structure for FYs 2000 and 2001. A second federal notice specifying 
the DARP indirect rates for FYs 2000 and 2001 was published on December 
2, 2002 (67 FR 71537).
    In October 2002, DARP hired the accounting firm of Cotton and 
Company LLP (Cotton) to review and certify DARP costs incurred on cases 
for purposes of cost recovery and to develop indirect rates for FY 2002 
and subsequent years. As in the prior years, Cotton concluded that the 
cost accounting system and allocation practices of the DARP component 
organizations are consistent with Federal accounting requirements. 
Consistent with R&M's previous analyses, Cotton also determined that 
the most appropriate indirect allocation method continues to be the 
Direct Labor Cost Base for all three DARP component organizations. The 
Direct Labor Cost Base is computed by allocating total indirect cost 
over the sum of direct labor dollars plus the application of NOAA's 
leave surcharge and benefits rates to direct labor. Direct labor costs 
for contractors from the Oak Ridge Institute for Science and Education 
(ORISE) also were included in the direct labor base because Cotton 
determined that these costs have the same relationship to the indirect 
cost pool as NOAA direct labor costs. ORISE provides on-site support to 
the DARP in the areas of injury assessment, natural resource economics, 
restoration planning and implementation, and policy analysis. A third 
federal notice specifying the DARP indirect rates for FY 2002 was 
published on October 6, 2003 (68 FR 57672). Cotton's reports on the FY 
2002 DARP indirect rates can also be found on the DARP Web site at: 
http://www.darp.noaa.gov.
    Cotton reaffirmed that the Direct Labor Cost Base is the most 
appropriate indirect allocation method for the development of the FY 
2003 indirect cost rates.

The DARP's Indirect Cost Rates and Policies

    The DARP will apply the indirect cost rates for FY 2003 as 
recommended by Cotton for each of the DARP component organizations as 
provided in the following table:

------------------------------------------------------------------------
                                                                FY 2003
                                                                indirect
                 DARP component organization                      rate
                                                               (percent)
------------------------------------------------------------------------
Damage Assessment Center (DAC)...............................     261.96
Restoration Center (RC)......................................     223.74
General Counsel for Natural Resources (GCNR).................     206.47
------------------------------------------------------------------------

These rates are based on the Direct Labor Cost Base allocation 
methodology.

    The FY 2003 rates will be applied to all damage assessment and 
restoration case costs incurred between October 1, 2003 and September 
30, 2004. DARP will use the FY 2003 indirect cost rates for future 
fiscal years until subsequent year-specific rates can be developed.
    For cases that have settled and for cost claims paid prior to the 
effective date of the fiscal year in question, the DARP will not re-
open any resolved matters for the purpose of applying the revised rates 
in this policy for these fiscal years. For cases not settled and cost 
claims not paid prior to the effective date of the fiscal year in 
question, costs will be recalculated using the revised rates in this 
policy for these fiscal years. Where a responsible party has agreed to 
pay costs using previous year's indirect rates, but has not yet made 
the payment because the settlement documents are not finalized, the 
costs will not be recalculated.
    The DARP indirect cost rate policies and procedures published in 
the Federal Register on December 7, 2000 (65 FR 76611), on December 2, 
2002 (67 FR 71537), and October 6, 2003 (68 FR 57672) remain in effect 
except as updated by this notice.

    Dated: May 16, 2005.
Mitchell Luxenberg,
Acting Director, Management and Budget, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. 05-10162 Filed 5-19-05; 8:45 am]
BILLING CODE 3510-JE-P