Notice of Solicitation for Estuary Habitat Restoration Program, 37547-37551 [06-5927]
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Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Notices
Dated: June 19, 2006.
Richard P. Wagenaar,
Colonel, U.S. Army, District Commander.
[FR Doc. E6–10273 Filed 6–29–06; 8:45 am]
BILLING CODE 3710–84–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Notice of Solicitation for Estuary
Habitat Restoration Program
Department of the Army, Army
Corps of Engineers, DoD.
ACTION: Notice of solicitation for project
applications.
AGENCY:
SUMMARY: Congress has appropriated
limited funds to the U.S. Army Corps of
Engineers (Corps) to implement the
Estuary Habitat Restoration Program as
authorized in Section 104 of the Estuary
Restoration Act of 2000, Title I of the
Estuaries and Clean Waters Act of 2000
(Pub. L. 106–457) (accessible at https://
era.noaa.gov/pdfs/act_s835.pdf). On
behalf of the Estuary Habitat Restoration
Council (Council), the Corps is
soliciting proposals for estuary habitat
restoration projects. This document
describes project criteria and evaluation
criteria the Council will use to
determine which projects to
recommend. Recommended projects
must provide ecosystem benefits, have
scientific merit, be technically feasible,
and be cost-effective. Proposals selected
for Estuary Habitat Restoration Program
funding will be implemented in
accordance with a cost-share agreement
with the Corps. This is not a grants
program.
Proposals must be received on or
before August 14, 2006.
ADDRESSES: proposal forms may be
accessed at https://www.usace.army.mil/
civilworks/cecwp/estuary_act/ or by
contacting the individuals listed in the
following section. Project proposals may
be submitted electronically, by mail, or
by courier. Electronic submissions are
preferred and will facilitate processing.
Please follow the detailed instructions
provided in section X. of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Ms.
Ellen Cummings, headquarters, U.S.
Army Corps of Engineers, Washington,
DC 20314–1000, (202) 761–4750, e-mail:
Ellen.M.Cummings@usace.army,mil; or,
Mr. Chip Smith, Office of the Assistant
Secretary of the Army (Civil Works),
Washington, DC (703) 693–3655, e-mail:
Chip.Smith@HQDA.Army.Mil.
SUPPLEMENTARY INFORMATION:
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I. Introduction
Under the Estuary Habitat Restoration
Program, the U.S. Army Corps of
Engineers (corps) is authorized to carry
out estuary habitat restoration projects.
However, the Estuary Habitat
Restoration Council (Council) is
responsible for soliciting, reviewing and
evaluating project proposals. The Corps
may only fund projects on the
prioritized list provided by the Council.
The Estuary Habitat Restoration Strategy
prepared by the Council contains
introductory information about the
program and provides the context in
which projects will be evaluated and the
program will be conducted. The
Strategy was published in the Federal
Register, 67 FR 71942, December 3,
2002. It is also accessible at https://
www.usace.army.mil/civilworks/cecwp/
estuary_act/ in PDF format.
An emphasis will be placed on
achieving cost-effective restoration of
ecosystems while promoting increased
partnerships among agencies and
between public and private sectors.
Projects funded under this program will
contribute to the Estuary Habitat
Restoration Strategy goal of restoring
1,000,000 acres of estuary habitat.
For purposes of this program, estuary
is defined as ‘‘a part of a river or stream
or other body of water that has an
unimpaired connection with the open
sea and where the sea water is
measurably diluted with fresh water
from land drainage.’’ Estuary also
includes the ‘‘* * * near coastal waters
and wetlands of the Great Lakes that are
similar in form and function to estuaries
* * *.’’ For this program, estuary is
considered to extend from the head of
tide to the boundary with the open sea
(to downstream terminus features or
structures such as barrier islands, reefs,
sand bars, mud flats, or headlands in
close proximity to the connection with
the open sea). In the Great Lakes,
riparian and nearshore areas will be
considered to be estuaries. Estuary
habitat includes the estuary and its
associated ecosystems, such as: Salt,
brackish, and fresh water coastal
marshes; coastal forested wetlands and
other coastal wetlands; maritime forests;
coastal grasslands; tidal flats; natural
shoreline areas; shellfish beds; sea grass
meadows; kelp beds; river deltas; and
river and stream corridors under tidal
influence.
II. Eligible Restoration Activities
Section 103 of the Estuary Restoration
Act of 2000 (the Act) defines the term
estuary habitat restoration activity to
mean ‘‘an activity that results in
improving degraded estuaries or estuary
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habitat or creating estuary habitat
(including both physical and functional
restoration), with the goal of attaining a
self-sustaining system integrated into
the surrounding landscape.’’ Projects
funded under this program will be
consistent with this definition.
Eligible habitat restoration activities
include re-establishment of chemical,
physical, hydrologic, and biological
features and components associated
with an estuary. Restoration may
include, but is not limited to,
improvement of estuarine wetland tidal
exchange or reestablishment of historic
hydrology; dam or berm removal;
improvement or reestablishment of fish
passage; appropriate reef/substrate/
habitat creation; planting of native
estuarine wetland and submerged
aquatic vegetation; reintroduction of
native species; control of invasive
species; and establishment of riparian
buffer zones in the estuary. Cleanup of
pollution for the benefit of estuary
habitat may be considered, as long as it
does not meet the definition of excluded
activities under the Act (see section III,
Excluded Activities, below).
In general, proposed projects should
clearly demonstrate anticipated benefits
to habitats such as those habitats listed
in the Introduction. Although the
Council recognizes that water quality
and land use issues may impact habitat
restoration efforts and must be
considered in project planning, the
Estuary Habitat Restoration Program is
intended to fund physical habitat
restoration projects, not measures such
as storm water detention ponds,
wastewater treatment plant upgrades or
combined sewer outfall improvements.
III. Excluded Activities
Estuary Habitat Restoration Program
funds will not be used for any activity
that constitutes mitigation required
under any Federal or State law for the
adverse effects of an activity regulated
or otherwise governed by Federal or
State law, or that constitutes restoration
for natural resource damages required
under any Federal or State law. Estuary
Habitat Restoration Program funds will
not be used for remediation of any
hazardous substances regulated under
the Comprehensive Environmental
Response, Compensation, and Liability
Act (42 U.S.C. 9601–9675).
Additionally, Estuary Habitat
Restoration Program funds will not be
used to carry out projects on Federal
lands.
IV. Project Sponsor and Cost Sharing
The Non-Federal Sponsor may be a
State, a political subdivision of a State,
a Tribe, or a regional or interstate
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agency. A nongovernmental
organization may serve as a Non-Federal
Sponsor as determined by the Secretary
of the Army (Secretary) in consultation
with appropriate State and local
governmental agencies and Tribes. For
purposes of this act the term nongovernmental organization does not
include for profit enterprises. The NonFederal Sponsor must be able to provide
the real estate interests necessary for
implementation, operation,
maintenance, repair, rehabilitation and
replacement of the project. In most cases
this means the Non-Federal Sponsor
must have fee title to the lands
necessary for the project although in
some cases an easement may be
sufficient.
The Federal share of the cost of an
estuary habitat restoration project shall
not exceed 65 percent except that the
Federal share shall be 85 percent of the
incremental additional cost of pilot
testing or demonstration of an
innovative technology having the
potential for improved costeffectiveness. Innovative technology is
defined as novel processes, techniques
and/or materials to restore habitat, or
the use of existing processes,
techniques, and/or materials in a new
restoration application.
Prior to initiation of a project, the
Non-Federal Sponsor must enter into a
written agreement with the Corps in
which the Non-Federal Sponsor agrees
to provide its share of the project cost.
The Non-Federal Sponsor shall provide
necessary lands, easements, rights, and
relocations. The value of the required
real estate interests will be credited
towards the Non-Federal Sponsor’s
share of the project cost. The NonFederal Sponsor may also provide
services and in-kind contributions or
credit toward its share of the project
costs. Credit for the value of in-kind
contributions is subject to satisfactory
compliance with applicable Federal
labor laws covering non-Federal
construction, including but not limited
to the Davis-Bacon Act (40 U.S.C. 276a
et seq.), the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 et
seq., and the Copeland Anti-Kickback
Act (40 U.S.C. 276c). Credit may be
afforded for the value of required work
undertaken by volunteers, using the
hourly value in common usage for
grants program but not to exceed the
Federal estimate of the cost of activity.
The Non-Federal Sponsor shall also be
responsible for all costs associated with
operating, maintaining, replacing,
repairing, and rehabilitating these
projects as well as for the required postconstruction monitoring. The cost of
these activities will not be included in
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the total project cost and will not count
toward the Non-Federal Sponsor’s
minimum 35 percent share of the
project cost.
Other Federal funds, i.e. funds
appropriated to agencies other than the
Corps, may not be used by the NonFederal Sponsor to meet its share of the
project cost unless the other Federal
agency verifies in writing that
expenditure of funds for such purpose
is expressly authorized by statute.
Otherwise, other Federal funds may be
used for the proposed project if
consistent with the other agency’s
authorities and will count as part of the
Federal share of the project cost. Any
non-Federal funds or contributions used
as a match for these other Federal funds
or any other Federal program may be
used toward the project but will not be
considered in determining the nonFederal share in relation to the Corps’
costs.
Credit will be provided only for work
necessary for the specific project being
funded with Estuary Habitat Restoration
Program funds. For example, a nonFederal entity is engaged in the removal
of ten dams, has removed six dams, and
now seeks assistance for the removal of
the remaining four dams as an Estuary
Habitat Restoration Program project.
None of the costs associated with the
removal of the six dams is creditable as
part of the non-Federal share of the
project for removal of four dams.
This is not a grants program. The
Corps will not transfer funds to the NonFederal Sponsor. The Corps will
implement (construct) some portion of
the proposed project. To the extent
possible the Corps will use the
planning, evaluation, and design
products provided by the applicant.
However, the Corps will be responsible
for assuring compliance with Federal
environmental statutes, assuring the
project is designed to avoid adverse
impacts on other properties and that the
project can reasonably be expected to
provide the desired benefits, and
managing construction activities not
performed by the Non-Federal Sponsor
as in-kind contribution. These Corps
activities will be part of the Federal cost
of the project, and the Non-Federal
Sponsor should consider these costs in
developing the project cost estimate.
V. Funding Availability
Limited funds have been appropriated
for implementation of projects under the
Estuary Habitat Restoration Program.
The Council will not accept proposals
that indicate an estimated Federal cost
of less than $100,000 or more than
$1,000,000. There is no guarantee that
sufficient funds will be available to fund
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all eligible proposals. The number of
proposals funded as a result of this
notice will depend on the number of
eligible proposals received, the
estimated amount of funds required for
each selected project, and the merit and
ranking of the proposals. The exact
amount of the Federal and non-Federal
cost share for each selected project will
be specified in the written agreement
discussed in Project Cost Sharing,
Section IV above. Projects selected for
funding must be capable of producing
the ecosystem benefits described in the
proposal in the absence of Federal
funding beyond that established in the
cost-share agreement.
VI. Proposal Review Process
Proposals will be screened as
discussed in section VII.A. below to
determine eligibility. The staff of the
agencies represented on the Council
will conduct a technical review of the
eligible proposals in accordance with
the criteria described in section VII.B.
below. Agency scientists involved in
estuarine research or the development
and application of innovative methods
for restoring estuary habitats will also
review proposals that indicate the use of
innovative technologies. Each agency
will score and rank the proposals; the
staff of the five agencies will use these
rankings as the basis for a consolidated
recommendation. The Council will
consider the staff recommendation, the
items discussed in sections VII.C. and D.
below, and possibly other factors when
preparing its prioritized list of
recommended projects for the
Secretary’s use.
VII. Proposal Review Criteria
This section describes the criteria that
will be used to review and select
projects to be recommended to the
Secretary for funding under the Act. It
will benefit applicants to ensure that
project proposals clearly address the
criteria set forth under the following
four subsections: Initial Screening of
Project Proposals; Evaluation of Project
Proposals; Priority Elements; and Other
Factors.
A. Initial Screening of Project Proposals
Proposals will be screened according
to the requirements listed in sections
104(b) and 104(c)(2) of the Act as
described below. In addition, proposed
projects must not include excluded
activities as discussed in Section III
above. Proposals that do not meet all of
these finial screening criteria will not be
evaluated further. To be accepted the
proposal must:
(1) Originate from a non-Federal
Sponsor (section 104(b));
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(2) Address restoration needs
identified in an estuary habitat
restoration plan (section 104(c)(2)(A)).
The Act defines ‘‘estuary habitat
restoration plan’’ as any Federal or State
plan for restoration of degraded estuary
habitat that was developed with
substantial participation of the public.
(section 103(6));
(3) Be consistent with the Estuary
Habitat Restoration Strategy (section
104(c)(2)(B)) by:
(a) Including eligible restoration
activities that provide ecosystem
benefits;
(b) Addressing estuary habitat trends
(including historic losses) in the project
region, and indicating how these were
considered in developing the project
proposal;
(c) Involving a partnership approach,
and
(d) Clearly describing the benefits
expected to be realized by the proposed
project;
(4) Include a monitoring plan that is
consistent with standards developed by
NOAA under section 104(c)(2)(C))
(available at: https://ear.noaa.gov/htmls/
ear/ear_monitoring.html, or from the
contacts listed in the FOR FURTHER
INFORMATION CONTACT section above.).
Minimum monitoring requirements
include monitoring over a period of five
years and tracking of at least one
structural and one functional element.
Examples of structural and functional
elements are contained in the
monitoring document cited above, and;
(5) Include satisfactory assurances
that the non-Federal Sponsor has
adequate authority and resources to
carry out items of local cooperation and
properly maintain the project (section
104(c)(2)(D)).
B. Evaluation of Project Proposals
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Proposals that meet the initial
screening criteria in A. above will be
eligible for further review using the
criteria listed below.The following
criteria are listed in order of relative
importance with the most important
criteria first. The first four criteria are
the most important. If the reviewers find
that a response to any of the first four
criteria is completely inadequate, the
proposal will be rejected. For each of
the listed criteria the focus will be on
the factors mentioned below but other
factors may also be considered.
(1) Ecosystem Benefits
Proposal will be evaluated based on
the extent of proposed habitat
restoration activities and the type(s) of
habitiat(s) that will be restored.
Following are specific factors that
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reviewers will consider as part of this
criterion:
(a) Prevention or reversal of estuary
habitat loss or degradation in the project
area and the nature and extent of the
proposed project’s potential
contribution to the long-term
conservation of estuary habitat function,
(b) Benefits for Federal listed
endangered or threatened species,
species proposed for Federal listing,
recently delisted species or designated
or proposed critical habitat in the
project area,
(c) Extent to which the project will
provide, restore, or improve habitat
important for estuary-dependent fish
and/or migratory birds (e.g. breeding,
spawning, nursery, foraging, or staging
habitat),
(d) Prevention or reduction of
nonpoint source pollution or other
contaminants to estuary habitats or
restoration of estuary habitats that are
already contaminated, and
(e) Benefits to nearby existing habitat
areas, or contribution to the creation of
wildlife/ecological corridors connecting
existing habitat areas.
Examples of activities that would not
qualify would be restoration of an oyster
bed open to commercial harvest or a fish
hatchery. Educational facilities such as
classrooms, botanical gardens, or
recreational facilities such as trails or
boat ramps would also not qualify for
cost sharing under this program
although they may be included in the
project if they do not conflict with the
environmental benefits expected from
project implementation.
(2) Cost-Effectiveness
Reviewers will evaluate the
relationship between estimated project
costs, including the cost of remaining
planning, design, construction, required
lands, and annual operation,
maintenance, repair, rehabilitation and
replacement and monitoring cost, to the
monetary and non-monetary benefits
described in the proposal. Clear
quantitative and qualitative descriptions
of the proposed outputs will facilitate
this evaluation. Examples of units of
measure include: acres restored, flood
damage reduction levels, changes in
water quality parameters, increases in
the productivity of various species, and
presence and absence of certain species.
The estimated persistence of the
proposed project outputs will be
considered. For example, will the area
be maintained as a wetland, or allowed
to erode or become upland? Will the
proposed project produce additional
benefits due to synergy between the
proposed project and other ongoing or
proposed projects? Reviewers will
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consider if the proposed project is a
cost-effective way to achieve the
proposed benefits. In some instances the
costs and benefits of proposed projects
may be compared to the costs and
benefits of other similar projects in the
area. The significance of the proposed
outputs is also a factor to be considered
as part of cost-effectiveness. The
significance of restoration outputs
should be recognized in terms of
institutional (such as laws, adopted
plans, or policy statements), public
(such as support for the project), or
technical (such as addresses scarcity,
increases limiting habitat, or improves
or increases biodiversity) importance.
(3) Technical Feasibility
Reviewers will evaluate the extent to
which, given current and projected
environmental conditions of the
restoration site—e.g., soils, flood regime,
presence of invasive species,
surrounding land use—the proposed
project is likely to be successfully
implemented. Consideration will also be
given to:
(a) Potential success of restoration
techniques, based on history of
successful implementation in field or
pilot projects,
(b) Implementation schedule,
(c) Expected length of time before
success can be demonstrated,
(d) Proposed corrective actions using
monitoring information,
(e) Project management plants, and
(f) Experience and qualifications of
project personnel.
(4) Scientific Merit
Reviewers will evaluate the extent to
which the project deign is based on
sound ecological principles and is likely
to meet project goals. This may be
indicated by the following factors:
(a) Goals of the project are reasonable
considering the existing and former
habitat types present at the site and
other local influences,
(b) The proposed restoration
methodology demonstrates an
understanding of habitat function, and
(c) Specific methods proposed (if
successfully implemented—see criteria
on technical feasibility) have a good
chance of meeting project goals and
achieving long-term sustainability.
(5) Agency Coordination
Reviewers will evaluate the degree to
which the project will encourage
increased coordination and cooperation
among Federal, State, and local
government agencies. Some of the
indicators used to evaluate coordination
area:
(a) The State, Federal, and local
agencies involved in developing the
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project and their expected roles in
implementation.
(b) The nature of agency coordination,
e.g., joint funding, periodic multiagency review of the project,
collaboration on adaptive management
decisions, joint monitoring,
opportunities for future collaboration,
etc., and
(c) Whether a formal agreement, such
as a Memorandum of Understanding
(MOU), exists between/among agencies
as part of the project.
(6) Public/Private Partnerships
One of the focuses of the Act is the
encouragement of new public/private
partnerships. Reviewers will evaluate
the degree to which the project will
foster public/private partnerships and
uses Federal resources to encourage
increased private sector involvement.
Indicators of the success at meeting this
criterion follow. How will the project
promote collaboration or create
partnerships among public and private
entities, including potential for future
new or expanded public/private
partnerships? What mechanisms are
being used to establish the partnership,
e.g., joint funding, shared monitoring,
joint decision-making on adaptive
management strategies? Is there a formal
agreement, such as an MOU, between/
among the partners as part of the
project? Also important is the extent to
which the project creates an opportunity
for long-term partnerships among public
and private entities.
(7) Level of Contribution
Reviewers will consider the level and
type (cash or in-kind) of non-Federal
contribution. Providing more than the
minimum 35-percent share will be rated
favorably. It must be clear how much of
the total project cost the Estuary Habitat
Restoration Program is expected to
provide, how much is coming from
other Federal sources, how much is
coming directly from the sponsor, and
how much is available or expected to be
provided by other sources (either cash
or in-kind).
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(8) Monitoring Plan
Revivers will consider the following
factors in evaluating the quality of the
monitoring plan:
(a) Linkage between the monitoring
methods and the project goals,
including success criteria.
(b) How results will be evaluated
(statistical comparison to baseline or
reference condition, trend analysis, or
other quantitative or qualitative
approach).
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(c) How baseline conditions will be
established for the parameters to be
measured,
(d) If applicable, the use and selection
of reference sites, where they are
located, how they were chosen, and
whether they represent target conditions
for the habitat or conditions at the site
without restoration,
(e) The appropriateness of the nature,
frequency, and timing of measurements
and which areas will be sampled;
(f) Provisions for adaptive
management, and data reporting, and
(g) Whether the length of the
proposed monitoring plan is appropriate
for the project goals. The minimum
required monitoring period is five years.
(9) Multiple Benefits
In addition to the ecosystem benefits
discussed in criterion (1) above, restored
estuary habitats may provide additional
benefits. Among these the reviewers
will consider are: flood damage
reduction, protection from storm surge,
water quality and/or quantity for human
uses, recreational opportunities, and
benefits to commercial fisheries.
(10) Dedicated Funding Source
Reviewers will consider if the State in
which the proposed project will be
located has a dedicated source of
funding to acquire or restore estuary
habitat, natural areas, and open spaces
for the benefit of estuary habitat
restoration or protection.
(11) Supports Regional Restoration
Goals
Reviewers will evaluate the extent to
which the proposed project contributes
to meeting and/or strengthening the
needs, goals, objectives and restoration
priorities contained in regional
restoration plans, and the means that
will be used to measure such progress.
(12) Supports Federal Plan
If the proposed project supports a
Federal plan (examples of Federal plans
are listed in section 103(6)(B) of the
Act), reviewers will consider the extent
to which the project would contribute to
meeting and/or strengthening the plan’s
needs, goals, objectives and restoration
priorities, and the means that will be
used to measure such progress.
C. Priority Elements
Section 104(c)(4) of the Act directs the
Secretary to give priority consideration
to a project that merits selection based
on the above criteria if it:
(1) Occurs within a watershed where
there is a program being implemented
that addresses sources of pollution and
other activities that otherwise would
adversely affect the restored habitat; or
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(2) Includes pilot testing or
demonstration of an innovative
technology having the potential to
achieve better restoration results than
other technologies in current practice,
or comparable results at lower cost in
terms of energy, economics, or
environmental impacts.
The Council will also consider these
priority elements in ranking proposals.
D. Other Factors
In addition to considering the
composite ratings developed in the
evaluation process and the priority
elements listed in C. above, the Council
will consider other factors when
preparing its prioritized list for the
Secretary’s use. These factors include
(but may not be limited to) the
following:
(1) Readiness of the project for
implementation. Among the factors to
be considered when evaluating
readiness are the steps that must be
taken prior to project implementation,
potential delays to project
implementation, and the status of real
estate acquisition.
(2) Balance between large and small
projects, as defined in the Estuary
Habitat Restoration Strategy.
(3) Geographic distribution of the
projects.
VIII. Project Selection and Notification
The Secretary will select projects for
funding from the Council’s prioritized
list of recommended projects after
considering the criteria contained in
section 104(c) of the Act, availability of
funds and any reasonable factors. It is
expected that the Secretary will select
proposals for implementation
approximately 100 days after the close
of this solicitation or 30 days after
receiving the list from the Council,
whichever is later. The Non-Federal
Sponsor of each proposal will be
notified of its status at the conclusion of
the selection process. Staff from the
appropriate Corps District will work
with the Non-Federal Sponsor of each
selected project to develop the costsharing agreements and schedules for
project implementation.
IX. Project Application Form
Clarifications
Most of the entries are relatively selfexplanatory, however, based on
experience some clarifying comments
were provided to facilitate completion
of the form.
A. Project name should be short but
unique and descriptive.
B. Organization Point of Contact. The
individual listed should be the person
that can answer project specific
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questions and will be the day-to-day
contact for the project. This may be a
different individual signing the NonFederal certification.
C. Item 8. Funding and Partners. Postconstruction costs including monitoring
do not count as a cost share for projects
funded under the Estuary Restoration
Act and should not be included in the
estimated total project cost. In the table,
list the amount of funds being sought
from the Estuary Habitat Restoration
Program as from the Corps, as in-kind
and with the entire amount originating
from a Federal funding source.
D. Include the name of the
organization as well as the title of the
individual signing the Non-Federal
Sponsor certification.
E. If submitting a proposal
electronically, a hard copy of the Letter
of Assurance and Certification may be
submitted if its is post-marked by the
closing date for this announcement and
the electronic submission has the text of
the Letter of Assurance and Certification
with an indication of the date signed
and name/title organization of the
individual signing these documents.
The Letter of Assurance should be
addressed to ‘‘Chairman, Estuary
Habitat Restoration Council’’ and sent to
the address in Section X for hard copy
submittals.
F. In the project description section of
the project application form the phrase
‘‘Estimated life cycle of the project’’
refers to the functional life of the
project. As an example a wetland may
fill with sediment over time and its
functionality diminished. The ‘‘lifecycle’’ would be the number of years
until the project no longer provided the
original benefits.
G. The proposed project should only
be described as innovative if the NonFederal Sponsor is requesting the
special cost sharing for the incremental
costs of including testing of or a
demonstration of an innovative
technology as defined in the application
form.
X. Application Process
Proposal application forms are
available at https://www/usace/army/
mil/civilworks/cecwp/estuary_act/ or by
contacting Ms. Ellen Cummings,
Headquarters, U.S. Army Corps of
Engineers, Washington, DC 20314–1000,
(202) 761–4750, e-mail:
Ellen.M.Cummings@usace.army.mil; or
Chip Smith, Office of the Assistant
Secretary of the Army (Civil Works),
Washington, DC (703) 693–3655, e-mail:
Chip.Smith@HODA.Army.Mil. The
application form has been approved by
OMB in compliance with the Paper
Work Reduction Act and is OMB No.
VerDate Aug<31>2005
16:30 Jun 29, 2006
Jkt 208001
0710–0014 with an expiration date of 4/
30/2008. Electronic submissions are
preferred and should be sent to estuary.
restoration@usace.army.mil Multiple email messages may be required to
ensure successful receipt of the files
exceed 4MB is size. Questions may also
be sent to the same e-mail address. Hard
copy submissions may be sent or
delivered to HQUSACE, ATTN; CECW–
PC, 7701 Telegraph Road #3D72,
Alexandria, VA 22315–3860. The part of
the nomination prepared to address the
‘‘proposal elements’’ portion of the
application should be no more than
twelve double-spaced pages, using a 10
or 12-point font. Paper copies should be
printed on one side only of an 8.5 in.
x 11 in. page and not bound. Only one
hard copy is required. A PC-compatible
floppy risk or CD–ROM in either
Microsoft Word or WordPerfect format
may accompany the paper copy.
Nominations for multiple projects
submitted by the same applicant must
be submitted in separate e-mail
messages and/or envelopes.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06–5927 Filed 6–29–06; 8:45 am]
BILLING CODE 3710–92–M
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Chief of Engineers Environmental
Advisory Board
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of open meeting.
AGENCY:
In accordance with Section
10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92–463),
announcement is made of the following
committee meeting:
Name of Committee: Chief of
Engineers Environmental Advisory
Board (EAB).
Date of Meeting: July 19, 2006.
Place: U.S. Army Engineer Research
and Development Center, Coastal and
Hydraulics Laboratory, 3909 Halls Ferry
Road, Vicksburg, MS 39180–6199.
Time: 8:30 a.m. to 3 p.m.
FOR FURTHER INFORMATION CONTACT: Ms.
Rennie Sherman, Executive Secretary,
rennie.h.sherman@usace.army.mil 202–
761–7771. Notice of intent to attend the
meeting must be provided by July 17,
2006.
SUMMARY:
The Board
advises the Chief of Engineers by
providing expert and independent
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
37551
advice on environmental issues facing
the Corps of Engineers.
Proposed Agenda: On Wednesday,
July 19, a joint meeting with the Coastal
Engineering Research Board will be
held. Presentations concerning Coastal
Restoration Challenges are expected to
include the following topics,
‘‘Interagency Performance Evaluation
Taskforce,’’ ‘‘Louisiana Coastal
Protection and Restoration Project,’’
‘‘Mississippi Coastal Improvement
Project,’’ and ‘‘Louisiana Coastal Area.’’
The entire meeting is open to the
public; and public comment is
tentatively scheduled for 2 p.m. Since
the meeting will be held in a
government facility and seating capacity
of the meeting is limited, advance notice
of attendance is required. All attendees
must stop at the guard gate and give
their name and destination to the
attending guard. A list of attendees will
be provided to security. Oral
participation by public attendees is
encouraged during the time scheduled
on the agenda. Each speaker will be
limited to 3 minutes in order to
accommodate as many people as
possible during the limited time.
Written statements may be submitted
prior to the meeting or up to 30 days
after the meeting.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06–5922 Filed 6–29–06; 8:45 am]
BILLING CODE 3710–92–M
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Coastal Engineering Research Board
(CERB)
Department of the Army, DoD.
Notice of meeting.
AGENCY:
ACTION:
SUMMARY: In accordance with Section
10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92–463),
announcement is made of the following
committee meeting:
Name of Committee: Coastal Engineering
Research Board (CERB).
Date of Meeting: July 17–19, 2006.
Place: U.S. Army Engineer Research and
Development Center, Coastal and Hydraulics
Laboratory, 3909 Halls Ferry Road,
Vicksburg, MS 39180–6199.
Time: 10 a.m. to 4:30 p.m. (July 17, 2006).
8 a.m. to 5:30 p.m. (July 18, 2006). 8:30 a.m.
to 4:30 p.m. (July 19, 2006).
For Further Information Contact: Inquiries
and notice of intent to attend the meeting
may be addressed to Colonel James R.
Rowan, Executive Secretary, Commander,
U.S. Army Engineer Research and
E:\FR\FM\30JNN1.SGM
30JNN1
Agencies
[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Notices]
[Pages 37547-37551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5927]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Solicitation for Estuary Habitat Restoration Program
AGENCY: Department of the Army, Army Corps of Engineers, DoD.
ACTION: Notice of solicitation for project applications.
-----------------------------------------------------------------------
SUMMARY: Congress has appropriated limited funds to the U.S. Army Corps
of Engineers (Corps) to implement the Estuary Habitat Restoration
Program as authorized in Section 104 of the Estuary Restoration Act of
2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L.
106-457) (accessible at https://era.noaa.gov/pdfs/act_s835.pdf). On
behalf of the Estuary Habitat Restoration Council (Council), the Corps
is soliciting proposals for estuary habitat restoration projects. This
document describes project criteria and evaluation criteria the Council
will use to determine which projects to recommend. Recommended projects
must provide ecosystem benefits, have scientific merit, be technically
feasible, and be cost-effective. Proposals selected for Estuary Habitat
Restoration Program funding will be implemented in accordance with a
cost-share agreement with the Corps. This is not a grants program.
DATES: Proposals must be received on or before August 14, 2006.
ADDRESSES: proposal forms may be accessed at https://www.usace.army.mil/
civilworks/cecwp/estuary_act/ or by contacting the individuals listed
in the following section. Project proposals may be submitted
electronically, by mail, or by courier. Electronic submissions are
preferred and will facilitate processing. Please follow the detailed
instructions provided in section X. of the SUPPLEMENTARY INFORMATION
section.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Cummings, headquarters, U.S.
Army Corps of Engineers, Washington, DC 20314-1000, (202) 761-4750, e-
mail: Ellen.M.Cummings@usace.army,mil; or, Mr. Chip Smith, Office of
the Assistant Secretary of the Army (Civil Works), Washington, DC (703)
693-3655, e-mail: Chip.Smith@HQDA.Army.Mil.
SUPPLEMENTARY INFORMATION:
I. Introduction
Under the Estuary Habitat Restoration Program, the U.S. Army Corps
of Engineers (corps) is authorized to carry out estuary habitat
restoration projects. However, the Estuary Habitat Restoration Council
(Council) is responsible for soliciting, reviewing and evaluating
project proposals. The Corps may only fund projects on the prioritized
list provided by the Council. The Estuary Habitat Restoration Strategy
prepared by the Council contains introductory information about the
program and provides the context in which projects will be evaluated
and the program will be conducted. The Strategy was published in the
Federal Register, 67 FR 71942, December 3, 2002. It is also accessible
at https://www.usace.army.mil/civilworks/cecwp/estuary_act/ in PDF
format.
An emphasis will be placed on achieving cost-effective restoration
of ecosystems while promoting increased partnerships among agencies and
between public and private sectors. Projects funded under this program
will contribute to the Estuary Habitat Restoration Strategy goal of
restoring 1,000,000 acres of estuary habitat.
For purposes of this program, estuary is defined as ``a part of a
river or stream or other body of water that has an unimpaired
connection with the open sea and where the sea water is measurably
diluted with fresh water from land drainage.'' Estuary also includes
the ``* * * near coastal waters and wetlands of the Great Lakes that
are similar in form and function to estuaries * * *.'' For this
program, estuary is considered to extend from the head of tide to the
boundary with the open sea (to downstream terminus features or
structures such as barrier islands, reefs, sand bars, mud flats, or
headlands in close proximity to the connection with the open sea). In
the Great Lakes, riparian and nearshore areas will be considered to be
estuaries. Estuary habitat includes the estuary and its associated
ecosystems, such as: Salt, brackish, and fresh water coastal marshes;
coastal forested wetlands and other coastal wetlands; maritime forests;
coastal grasslands; tidal flats; natural shoreline areas; shellfish
beds; sea grass meadows; kelp beds; river deltas; and river and stream
corridors under tidal influence.
II. Eligible Restoration Activities
Section 103 of the Estuary Restoration Act of 2000 (the Act)
defines the term estuary habitat restoration activity to mean ``an
activity that results in improving degraded estuaries or estuary
habitat or creating estuary habitat (including both physical and
functional restoration), with the goal of attaining a self-sustaining
system integrated into the surrounding landscape.'' Projects funded
under this program will be consistent with this definition.
Eligible habitat restoration activities include re-establishment of
chemical, physical, hydrologic, and biological features and components
associated with an estuary. Restoration may include, but is not limited
to, improvement of estuarine wetland tidal exchange or reestablishment
of historic hydrology; dam or berm removal; improvement or
reestablishment of fish passage; appropriate reef/substrate/habitat
creation; planting of native estuarine wetland and submerged aquatic
vegetation; reintroduction of native species; control of invasive
species; and establishment of riparian buffer zones in the estuary.
Cleanup of pollution for the benefit of estuary habitat may be
considered, as long as it does not meet the definition of excluded
activities under the Act (see section III, Excluded Activities, below).
In general, proposed projects should clearly demonstrate
anticipated benefits to habitats such as those habitats listed in the
Introduction. Although the Council recognizes that water quality and
land use issues may impact habitat restoration efforts and must be
considered in project planning, the Estuary Habitat Restoration Program
is intended to fund physical habitat restoration projects, not measures
such as storm water detention ponds, wastewater treatment plant
upgrades or combined sewer outfall improvements.
III. Excluded Activities
Estuary Habitat Restoration Program funds will not be used for any
activity that constitutes mitigation required under any Federal or
State law for the adverse effects of an activity regulated or otherwise
governed by Federal or State law, or that constitutes restoration for
natural resource damages required under any Federal or State law.
Estuary Habitat Restoration Program funds will not be used for
remediation of any hazardous substances regulated under the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601-9675). Additionally, Estuary Habitat Restoration
Program funds will not be used to carry out projects on Federal lands.
IV. Project Sponsor and Cost Sharing
The Non-Federal Sponsor may be a State, a political subdivision of
a State, a Tribe, or a regional or interstate
[[Page 37548]]
agency. A nongovernmental organization may serve as a Non-Federal
Sponsor as determined by the Secretary of the Army (Secretary) in
consultation with appropriate State and local governmental agencies and
Tribes. For purposes of this act the term non-governmental organization
does not include for profit enterprises. The Non-Federal Sponsor must
be able to provide the real estate interests necessary for
implementation, operation, maintenance, repair, rehabilitation and
replacement of the project. In most cases this means the Non-Federal
Sponsor must have fee title to the lands necessary for the project
although in some cases an easement may be sufficient.
The Federal share of the cost of an estuary habitat restoration
project shall not exceed 65 percent except that the Federal share shall
be 85 percent of the incremental additional cost of pilot testing or
demonstration of an innovative technology having the potential for
improved cost-effectiveness. Innovative technology is defined as novel
processes, techniques and/or materials to restore habitat, or the use
of existing processes, techniques, and/or materials in a new
restoration application.
Prior to initiation of a project, the Non-Federal Sponsor must
enter into a written agreement with the Corps in which the Non-Federal
Sponsor agrees to provide its share of the project cost. The Non-
Federal Sponsor shall provide necessary lands, easements, rights, and
relocations. The value of the required real estate interests will be
credited towards the Non-Federal Sponsor's share of the project cost.
The Non-Federal Sponsor may also provide services and in-kind
contributions or credit toward its share of the project costs. Credit
for the value of in-kind contributions is subject to satisfactory
compliance with applicable Federal labor laws covering non-Federal
construction, including but not limited to the Davis-Bacon Act (40
U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327 et seq., and the Copeland Anti-Kickback Act (40 U.S.C.
276c). Credit may be afforded for the value of required work undertaken
by volunteers, using the hourly value in common usage for grants
program but not to exceed the Federal estimate of the cost of activity.
The Non-Federal Sponsor shall also be responsible for all costs
associated with operating, maintaining, replacing, repairing, and
rehabilitating these projects as well as for the required post-
construction monitoring. The cost of these activities will not be
included in the total project cost and will not count toward the Non-
Federal Sponsor's minimum 35 percent share of the project cost.
Other Federal funds, i.e. funds appropriated to agencies other than
the Corps, may not be used by the Non-Federal Sponsor to meet its share
of the project cost unless the other Federal agency verifies in writing
that expenditure of funds for such purpose is expressly authorized by
statute. Otherwise, other Federal funds may be used for the proposed
project if consistent with the other agency's authorities and will
count as part of the Federal share of the project cost. Any non-Federal
funds or contributions used as a match for these other Federal funds or
any other Federal program may be used toward the project but will not
be considered in determining the non-Federal share in relation to the
Corps' costs.
Credit will be provided only for work necessary for the specific
project being funded with Estuary Habitat Restoration Program funds.
For example, a non-Federal entity is engaged in the removal of ten
dams, has removed six dams, and now seeks assistance for the removal of
the remaining four dams as an Estuary Habitat Restoration Program
project. None of the costs associated with the removal of the six dams
is creditable as part of the non-Federal share of the project for
removal of four dams.
This is not a grants program. The Corps will not transfer funds to
the Non-Federal Sponsor. The Corps will implement (construct) some
portion of the proposed project. To the extent possible the Corps will
use the planning, evaluation, and design products provided by the
applicant. However, the Corps will be responsible for assuring
compliance with Federal environmental statutes, assuring the project is
designed to avoid adverse impacts on other properties and that the
project can reasonably be expected to provide the desired benefits, and
managing construction activities not performed by the Non-Federal
Sponsor as in-kind contribution. These Corps activities will be part of
the Federal cost of the project, and the Non-Federal Sponsor should
consider these costs in developing the project cost estimate.
V. Funding Availability
Limited funds have been appropriated for implementation of projects
under the Estuary Habitat Restoration Program. The Council will not
accept proposals that indicate an estimated Federal cost of less than
$100,000 or more than $1,000,000. There is no guarantee that sufficient
funds will be available to fund all eligible proposals. The number of
proposals funded as a result of this notice will depend on the number
of eligible proposals received, the estimated amount of funds required
for each selected project, and the merit and ranking of the proposals.
The exact amount of the Federal and non-Federal cost share for each
selected project will be specified in the written agreement discussed
in Project Cost Sharing, Section IV above. Projects selected for
funding must be capable of producing the ecosystem benefits described
in the proposal in the absence of Federal funding beyond that
established in the cost-share agreement.
VI. Proposal Review Process
Proposals will be screened as discussed in section VII.A. below to
determine eligibility. The staff of the agencies represented on the
Council will conduct a technical review of the eligible proposals in
accordance with the criteria described in section VII.B. below. Agency
scientists involved in estuarine research or the development and
application of innovative methods for restoring estuary habitats will
also review proposals that indicate the use of innovative technologies.
Each agency will score and rank the proposals; the staff of the five
agencies will use these rankings as the basis for a consolidated
recommendation. The Council will consider the staff recommendation, the
items discussed in sections VII.C. and D. below, and possibly other
factors when preparing its prioritized list of recommended projects for
the Secretary's use.
VII. Proposal Review Criteria
This section describes the criteria that will be used to review and
select projects to be recommended to the Secretary for funding under
the Act. It will benefit applicants to ensure that project proposals
clearly address the criteria set forth under the following four
subsections: Initial Screening of Project Proposals; Evaluation of
Project Proposals; Priority Elements; and Other Factors.
A. Initial Screening of Project Proposals
Proposals will be screened according to the requirements listed in
sections 104(b) and 104(c)(2) of the Act as described below. In
addition, proposed projects must not include excluded activities as
discussed in Section III above. Proposals that do not meet all of these
finial screening criteria will not be evaluated further. To be accepted
the proposal must:
(1) Originate from a non-Federal Sponsor (section 104(b));
[[Page 37549]]
(2) Address restoration needs identified in an estuary habitat
restoration plan (section 104(c)(2)(A)). The Act defines ``estuary
habitat restoration plan'' as any Federal or State plan for restoration
of degraded estuary habitat that was developed with substantial
participation of the public. (section 103(6));
(3) Be consistent with the Estuary Habitat Restoration Strategy
(section 104(c)(2)(B)) by:
(a) Including eligible restoration activities that provide
ecosystem benefits;
(b) Addressing estuary habitat trends (including historic losses)
in the project region, and indicating how these were considered in
developing the project proposal;
(c) Involving a partnership approach, and
(d) Clearly describing the benefits expected to be realized by the
proposed project;
(4) Include a monitoring plan that is consistent with standards
developed by NOAA under section 104(c)(2)(C)) (available at: https://
ear.noaa.gov/htmls/ear/ear_monitoring.html, or from the contacts
listed in the FOR FURTHER INFORMATION CONTACT section above.). Minimum
monitoring requirements include monitoring over a period of five years
and tracking of at least one structural and one functional element.
Examples of structural and functional elements are contained in the
monitoring document cited above, and;
(5) Include satisfactory assurances that the non-Federal Sponsor
has adequate authority and resources to carry out items of local
cooperation and properly maintain the project (section 104(c)(2)(D)).
B. Evaluation of Project Proposals
Proposals that meet the initial screening criteria in A. above will
be eligible for further review using the criteria listed below.The
following criteria are listed in order of relative importance with the
most important criteria first. The first four criteria are the most
important. If the reviewers find that a response to any of the first
four criteria is completely inadequate, the proposal will be rejected.
For each of the listed criteria the focus will be on the factors
mentioned below but other factors may also be considered.
(1) Ecosystem Benefits
Proposal will be evaluated based on the extent of proposed habitat
restoration activities and the type(s) of habitiat(s) that will be
restored. Following are specific factors that reviewers will consider
as part of this criterion:
(a) Prevention or reversal of estuary habitat loss or degradation
in the project area and the nature and extent of the proposed project's
potential contribution to the long-term conservation of estuary habitat
function,
(b) Benefits for Federal listed endangered or threatened species,
species proposed for Federal listing, recently delisted species or
designated or proposed critical habitat in the project area,
(c) Extent to which the project will provide, restore, or improve
habitat important for estuary-dependent fish and/or migratory birds
(e.g. breeding, spawning, nursery, foraging, or staging habitat),
(d) Prevention or reduction of nonpoint source pollution or other
contaminants to estuary habitats or restoration of estuary habitats
that are already contaminated, and
(e) Benefits to nearby existing habitat areas, or contribution to
the creation of wildlife/ecological corridors connecting existing
habitat areas.
Examples of activities that would not qualify would be restoration
of an oyster bed open to commercial harvest or a fish hatchery.
Educational facilities such as classrooms, botanical gardens, or
recreational facilities such as trails or boat ramps would also not
qualify for cost sharing under this program although they may be
included in the project if they do not conflict with the environmental
benefits expected from project implementation.
(2) Cost-Effectiveness
Reviewers will evaluate the relationship between estimated project
costs, including the cost of remaining planning, design, construction,
required lands, and annual operation, maintenance, repair,
rehabilitation and replacement and monitoring cost, to the monetary and
non-monetary benefits described in the proposal. Clear quantitative and
qualitative descriptions of the proposed outputs will facilitate this
evaluation. Examples of units of measure include: acres restored, flood
damage reduction levels, changes in water quality parameters, increases
in the productivity of various species, and presence and absence of
certain species. The estimated persistence of the proposed project
outputs will be considered. For example, will the area be maintained as
a wetland, or allowed to erode or become upland? Will the proposed
project produce additional benefits due to synergy between the proposed
project and other ongoing or proposed projects? Reviewers will consider
if the proposed project is a cost-effective way to achieve the proposed
benefits. In some instances the costs and benefits of proposed projects
may be compared to the costs and benefits of other similar projects in
the area. The significance of the proposed outputs is also a factor to
be considered as part of cost-effectiveness. The significance of
restoration outputs should be recognized in terms of institutional
(such as laws, adopted plans, or policy statements), public (such as
support for the project), or technical (such as addresses scarcity,
increases limiting habitat, or improves or increases biodiversity)
importance.
(3) Technical Feasibility
Reviewers will evaluate the extent to which, given current and
projected environmental conditions of the restoration site--e.g.,
soils, flood regime, presence of invasive species, surrounding land
use--the proposed project is likely to be successfully implemented.
Consideration will also be given to:
(a) Potential success of restoration techniques, based on history
of successful implementation in field or pilot projects,
(b) Implementation schedule,
(c) Expected length of time before success can be demonstrated,
(d) Proposed corrective actions using monitoring information,
(e) Project management plants, and
(f) Experience and qualifications of project personnel.
(4) Scientific Merit
Reviewers will evaluate the extent to which the project deign is
based on sound ecological principles and is likely to meet project
goals. This may be indicated by the following factors:
(a) Goals of the project are reasonable considering the existing
and former habitat types present at the site and other local
influences,
(b) The proposed restoration methodology demonstrates an
understanding of habitat function, and
(c) Specific methods proposed (if successfully implemented--see
criteria on technical feasibility) have a good chance of meeting
project goals and achieving long-term sustainability.
(5) Agency Coordination
Reviewers will evaluate the degree to which the project will
encourage increased coordination and cooperation among Federal, State,
and local government agencies. Some of the indicators used to evaluate
coordination area:
(a) The State, Federal, and local agencies involved in developing
the
[[Page 37550]]
project and their expected roles in implementation.
(b) The nature of agency coordination, e.g., joint funding,
periodic multi-agency review of the project, collaboration on adaptive
management decisions, joint monitoring, opportunities for future
collaboration, etc., and
(c) Whether a formal agreement, such as a Memorandum of
Understanding (MOU), exists between/among agencies as part of the
project.
(6) Public/Private Partnerships
One of the focuses of the Act is the encouragement of new public/
private partnerships. Reviewers will evaluate the degree to which the
project will foster public/private partnerships and uses Federal
resources to encourage increased private sector involvement. Indicators
of the success at meeting this criterion follow. How will the project
promote collaboration or create partnerships among public and private
entities, including potential for future new or expanded public/private
partnerships? What mechanisms are being used to establish the
partnership, e.g., joint funding, shared monitoring, joint decision-
making on adaptive management strategies? Is there a formal agreement,
such as an MOU, between/among the partners as part of the project? Also
important is the extent to which the project creates an opportunity for
long-term partnerships among public and private entities.
(7) Level of Contribution
Reviewers will consider the level and type (cash or in-kind) of
non-Federal contribution. Providing more than the minimum 35-percent
share will be rated favorably. It must be clear how much of the total
project cost the Estuary Habitat Restoration Program is expected to
provide, how much is coming from other Federal sources, how much is
coming directly from the sponsor, and how much is available or expected
to be provided by other sources (either cash or in-kind).
(8) Monitoring Plan
Revivers will consider the following factors in evaluating the
quality of the monitoring plan:
(a) Linkage between the monitoring methods and the project goals,
including success criteria.
(b) How results will be evaluated (statistical comparison to
baseline or reference condition, trend analysis, or other quantitative
or qualitative approach).
(c) How baseline conditions will be established for the parameters
to be measured,
(d) If applicable, the use and selection of reference sites, where
they are located, how they were chosen, and whether they represent
target conditions for the habitat or conditions at the site without
restoration,
(e) The appropriateness of the nature, frequency, and timing of
measurements and which areas will be sampled;
(f) Provisions for adaptive management, and data reporting, and
(g) Whether the length of the proposed monitoring plan is
appropriate for the project goals. The minimum required monitoring
period is five years.
(9) Multiple Benefits
In addition to the ecosystem benefits discussed in criterion (1)
above, restored estuary habitats may provide additional benefits. Among
these the reviewers will consider are: flood damage reduction,
protection from storm surge, water quality and/or quantity for human
uses, recreational opportunities, and benefits to commercial fisheries.
(10) Dedicated Funding Source
Reviewers will consider if the State in which the proposed project
will be located has a dedicated source of funding to acquire or restore
estuary habitat, natural areas, and open spaces for the benefit of
estuary habitat restoration or protection.
(11) Supports Regional Restoration Goals
Reviewers will evaluate the extent to which the proposed project
contributes to meeting and/or strengthening the needs, goals,
objectives and restoration priorities contained in regional restoration
plans, and the means that will be used to measure such progress.
(12) Supports Federal Plan
If the proposed project supports a Federal plan (examples of
Federal plans are listed in section 103(6)(B) of the Act), reviewers
will consider the extent to which the project would contribute to
meeting and/or strengthening the plan's needs, goals, objectives and
restoration priorities, and the means that will be used to measure such
progress.
C. Priority Elements
Section 104(c)(4) of the Act directs the Secretary to give priority
consideration to a project that merits selection based on the above
criteria if it:
(1) Occurs within a watershed where there is a program being
implemented that addresses sources of pollution and other activities
that otherwise would adversely affect the restored habitat; or
(2) Includes pilot testing or demonstration of an innovative
technology having the potential to achieve better restoration results
than other technologies in current practice, or comparable results at
lower cost in terms of energy, economics, or environmental impacts.
The Council will also consider these priority elements in ranking
proposals.
D. Other Factors
In addition to considering the composite ratings developed in the
evaluation process and the priority elements listed in C. above, the
Council will consider other factors when preparing its prioritized list
for the Secretary's use. These factors include (but may not be limited
to) the following:
(1) Readiness of the project for implementation. Among the factors
to be considered when evaluating readiness are the steps that must be
taken prior to project implementation, potential delays to project
implementation, and the status of real estate acquisition.
(2) Balance between large and small projects, as defined in the
Estuary Habitat Restoration Strategy.
(3) Geographic distribution of the projects.
VIII. Project Selection and Notification
The Secretary will select projects for funding from the Council's
prioritized list of recommended projects after considering the criteria
contained in section 104(c) of the Act, availability of funds and any
reasonable factors. It is expected that the Secretary will select
proposals for implementation approximately 100 days after the close of
this solicitation or 30 days after receiving the list from the Council,
whichever is later. The Non-Federal Sponsor of each proposal will be
notified of its status at the conclusion of the selection process.
Staff from the appropriate Corps District will work with the Non-
Federal Sponsor of each selected project to develop the cost-sharing
agreements and schedules for project implementation.
IX. Project Application Form Clarifications
Most of the entries are relatively self-explanatory, however, based
on experience some clarifying comments were provided to facilitate
completion of the form.
A. Project name should be short but unique and descriptive.
B. Organization Point of Contact. The individual listed should be
the person that can answer project specific
[[Page 37551]]
questions and will be the day-to-day contact for the project. This may
be a different individual signing the Non-Federal certification.
C. Item 8. Funding and Partners. Post-construction costs including
monitoring do not count as a cost share for projects funded under the
Estuary Restoration Act and should not be included in the estimated
total project cost. In the table, list the amount of funds being sought
from the Estuary Habitat Restoration Program as from the Corps, as in-
kind and with the entire amount originating from a Federal funding
source.
D. Include the name of the organization as well as the title of the
individual signing the Non-Federal Sponsor certification.
E. If submitting a proposal electronically, a hard copy of the
Letter of Assurance and Certification may be submitted if its is post-
marked by the closing date for this announcement and the electronic
submission has the text of the Letter of Assurance and Certification
with an indication of the date signed and name/title organization of
the individual signing these documents. The Letter of Assurance should
be addressed to ``Chairman, Estuary Habitat Restoration Council'' and
sent to the address in Section X for hard copy submittals.
F. In the project description section of the project application
form the phrase ``Estimated life cycle of the project'' refers to the
functional life of the project. As an example a wetland may fill with
sediment over time and its functionality diminished. The ``life-cycle''
would be the number of years until the project no longer provided the
original benefits.
G. The proposed project should only be described as innovative if
the Non-Federal Sponsor is requesting the special cost sharing for the
incremental costs of including testing of or a demonstration of an
innovative technology as defined in the application form.
X. Application Process
Proposal application forms are available at https://www/usace/
army/mil/civilworks/cecwp/estuary_act/ or by contacting Ms. Ellen
Cummings, Headquarters, U.S. Army Corps of Engineers, Washington, DC
20314-1000, (202) 761-4750, e-mail: Ellen.M.Cummings@usace.army.mil;
or Chip Smith, Office of the Assistant Secretary of the Army (Civil
Works), Washington, DC (703) 693-3655, e-mail:
Chip.Smith@HODA.Army.Mil. The application form has been approved by OMB
in compliance with the Paper Work Reduction Act and is OMB No. 0710-
0014 with an expiration date of 4/30/2008. Electronic submissions are
preferred and should be sent to estuary. restoration@usace.army.mil
Multiple e-mail messages may be required to ensure successful receipt
of the files exceed 4MB is size. Questions may also be sent to the same
e-mail address. Hard copy submissions may be sent or delivered to
HQUSACE, ATTN; CECW-PC, 7701 Telegraph Road 3D72, Alexandria,
VA 22315-3860. The part of the nomination prepared to address the
``proposal elements'' portion of the application should be no more than
twelve double-spaced pages, using a 10 or 12-point font. Paper copies
should be printed on one side only of an 8.5 in. x 11 in. page and not
bound. Only one hard copy is required. A PC-compatible floppy risk or
CD-ROM in either Microsoft Word or WordPerfect format may accompany the
paper copy. Nominations for multiple projects submitted by the same
applicant must be submitted in separate e-mail messages and/or
envelopes.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 06-5927 Filed 6-29-06; 8:45 am]
BILLING CODE 3710-92-M