Notice of Solicitation for Estuary Habitat Restoration Program, 33743-33748 [07-3002]
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Notices
On
November 5, 2001, the Department of
Defense (DoD) published a notice of a
Nationwide TRICARE Demonstration
Project (66 FR 55928–55930). On
October 1, 2004, the Department of
Defense (DoD) published a notice (69 FR
58895) to extend the Demonstration
through October 31, 2005. On October
12, 2005, the Department of Defense
(DoD) published a notice (70 FR 59320)
to extend the Demonstration through
October 31, 2007. The continued
activation of Reserve Component
members in support of Noble Eagle/
Operation Enduring Freedom and
Operation Iraqi Freedom warrants the
continuation of the Demonstration to
support the healthcare needs and
morale of family members of activated
Reservists and guardsmen. The National
Defense Authorization Act of 2005
amended existing statutes to authorize
the Secretary of Defense to provide
these benefits permanently by
regulation. The Demonstration needs to
be extended to allow sufficient time to
complete the rule-making process. The
impact, if the Demonstration is not
extended before the regulation is
completed, includes higher out-ofpocket costs and potential inability of
beneficiaries to continue to use the same
provider for ongoing care. There are
three separate components to the
demonstration. First, those who
participate in TRICARE Standard will
not be responsible for paying the
TRICARE Standard deductible. By law,
the TRICARE Standard deductible for
active duty dependents is $150 per
individual, $300 per family ($50/$150
for E–4’s and below).
The second component extends
TRICARE payment up to 115 percent of
the TRICARE maximum allowable
charge, less the applicable patient copayment, for care received from a
provider that does not participate
(accept assignment) under TRICARE to
the extent necessary to ensure timely
access to care and clinically appropriate
continuity of care.
Third, the Demonstration authorizes a
waiver of the non-availability statement
requirement of non-emergency
impatient care. This Demonstration
project is being conducted under the
authority of 10 U.S.C. 1092. This
Demonstration is extended through
October 31, 2008.
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SUPPLEMENTARY INFORMATION:
Dated: June 20, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 07–2999 Filed 6–18–07; 8:45 am]
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DEPARTMENT OF DEFENSE
Department of the Army
Board of Visitors, United States
Military Academy (USMA)
Department of the Army, DoD.
Notice of open 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: Board of Visitors,
United States Military Academy.
Date: Sunday, July 14, 2007.
Place of Meeting: The Superintendent’s
Conference Room, Building 600 (Taylor
Hall), West Point, NY.
Time of Meeting: Approximately 12:30
p.m. through 4:30 p.m.
Board Mission: The Board, under the
provisions of 10 U.S.C. 4355, and the Federal
Advisory Committee Act of 1972, as
amended, shall provide the President of the
United States independent advice and
recommendations on matters relating to the
U.S. Military Academy, to include but not
limited to morale and discipline, curriculum,
instruction, physical equipment, and
academic methods.
Board Membership: The Board is
composed of 15 members, 9 of which are
members of Congress and 6 persons
designated by the President. The 2007
Chairman of the Board is Congressman John
McHugh, New York—23rd District.
Ms.
Cynthia Kramer, United States Military
Academy, West Point, NY 10996–5000,
(845) 938–5078 or via e-mail:
Cynthia.kramer@usma.edu.
SUPPLEMENTARY INFORMATION: Proposed
Agenda: Summer Meeting of the Board
of Visitors. The Board plans to inquire
into instruction and physical
equipment, and the BRAC relocation of
the United States Military Academy
Preparatory School. Board members will
observe Cadet Summer Training and
participate in roundtable discussions
with cadet leadership. Members will
receive tours and briefings on renovated
Cadet Barracks, Jefferson Hall Library
and Learning Center, the West Point
Museum, and the BRAC-approved
United States Military Academy
Preparatory School (USMAPS) location
at West Point. All Board meeting
proceedings are open to the public.
Picture identification is required to
enter West Point.
Public Inquiry at Board Meetings: Any
member of the public is permitted to file
a written statement with the USMA
Board of Visitors. Written statements
should be sent to the Designated Federal
Officer (DFO) at: United States Military
Academy, Office of the Secretary of the
FOR FURTHER INFORMATION CONTACT:
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General Staff (MASG), 646 Swift Road,
West Point, NY 10996–1905 or faxed to
the Designated Federal Officer (DFO) at
(845) 938–3214. Written statements
must be received no later than five
working days prior to the next meeting
in order to provide time for member
consideration.
By rule, no member of the public
attending open meetings will be allowed
to present questions from the floor or
speak to any issue under consideration
by the Board.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 07–3000 Filed 6–18–07; 8:45 am]
BILLING CODE: 3710–08–M
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Notice of Solicitation for Estuary
Habitat Restoration Program
Department of the Army, U.S.
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 20, 2007.
ADDRESSES: Proposal forms may be
accessed at https://www.usace.army.mil/
cw/cecwp/estuary_act/index.htm 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
DATES:
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provided in Section X. of the
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:
Arrangements have been made for a
conference call to answer questions
regarding this solicitation. The call has
been scheduled for July 16, 2007 at 1
p.m. EDT. This will be a long distance
call but there will be no surcharge above
each participant’s normal costs for long
distance calls. In order to assure
adequate lines are available, please send
an email with a subject line of ‘‘EHRP
solicitation conference call’’ to Ms.
Cummings or Mr. Smith by noon on July
11, 2007. A reply will be sent to each
message containing the telephone
number and access code for the call. A
second call will be scheduled at a later
date if necessary.
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) on December 3,
2002. It is also accessible at https://
www.usace.army.mil/cw/cecwp/
estuary_act/index.htm 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
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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 recognized 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
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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
agency. A non-governmental
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
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necessary lands, easements, rights-ofway, 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 for
credit toward its share of the project
cost. 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 AntiKickback
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
have a long-term responsibility 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 NonFederal 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 Non-
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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. It
is recommended that the Non-Federal
Sponsor coordinate with the appropriate
Corps district office during preparation
of the proposal. Information on district
locations and boundaries may be found
at https://www.usace.army.mil/
ContactUs.html. If additional assistance
is required please contact Ms.
Cummings (see FOR FURTHER
INFORMATION CONTACT section).
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 Sponsor and 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
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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 initial screening criteria will not
be evaluated further. To be accepted the
proposal must:
(1) Originate from a Non-Federal
Sponsor (section 104(b));
(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://era.noaa.gov/htmls/
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era/era_monitoring.html, or from the
contacts listed in the FOR FURTHER
INFORMATION CONTACT section).
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)).
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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
proposals 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
Proposals will be evaluated based on
the extent of proposed habitat
restoration activities and the type(s) of
habitat(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
functions,
(b) benefits for Federally listed
endangered or threatened species,
species proposed for Federal listing,
recently delisted species or designated
or proposed critical habitat in the
project areas,
(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 habits or
restoration of estuary habitats that are
already contaminated, and
(e) benefits or nearby existing habitat
areas, or contribution to the creation of
wildlife/ecological corridors connecting
existing habit areas.
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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.
(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 plans, and
(f) experience and qualifications of
project personnel.
(2) Cost-Effectiveness
(4) Scientific Merit
Reviewers will evaluate the
relationship between estimated project
costs, including the costs 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 examples, 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.
Reviewers will evaluate the extent to
which the project design 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.
(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:
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(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
are:
(a) The State, Federal, and local
agencies involved in developing the
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
criteria follow. How will the project
promote collaboration or create
partnerships among public and private
entities, including potential for future
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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).
rwilkins on PROD1PC63 with NOTICES
(8) Monitoring Plan
Reviewers 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 those 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.
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18:32 Jun 18, 2007
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(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(b)(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.
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33747
(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 reasonable additional 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 Districts 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
are 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
questions and will be the day-to-day
contact for the project. This may be a
different individual than the individual
signing the Non-Federal 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 share of the project cost being
sought from the Estuary Habitat
Restoration Program as from the Corps.
For this entry the ‘‘contribution type’’ is
in-kind and the entire amount originates
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 it 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
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33748
Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 / Notices
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 as defined in the
application form.
rwilkins on PROD1PC63 with NOTICES
X. Application Process
Proposal application forms are
available at https://www.usace.army.mil/
cw/cecwp/estuary_act/index.htm 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@HQDA.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
04/30/2008. 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 if
the files exceed 4MB in size. Questions
may also be sent to the same e-mail
address. Hard copy submissions may be
sent or delivered to HQUSACE, ATTN:
CECW–PB, 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 disk 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
VerDate Aug<31>2005
19:06 Jun 18, 2007
Jkt 211001
be submitted in separate e-mail
messages and/or envelopes.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 07–3002 Filed 6–18–07; 8:45 am]
BILLING CODE 3710–92–M
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PR07–14–000]
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5 p.m. Eastern Time
June 27, 2007.
Bridgeline Holdings, L.P.; Notice of
Rate Filing
June 12, 2007.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–11740 Filed 6–18–07; 8:45 am]
BILLING CODE 6717–01–P
Take notice that on June 1, 2007,
Bridgeline Holdings, L.P. (Bridgeline)
filed a petition for rate approval
pursuant to section 284.123(b)(2) of the
Commission’s regulations. Bridgeline
requests the Commission to approve a
maximum interruptible rate of $0.3452
per MMBtu, a maximum firm usage
charge of $0.2449 per MMBtu, a
monthly reservation charge of $3.05 per
MMBtu, and fuel retention of 0.29
percent for transportation service under
section 311(a)(2) of the Natural Gas
Policy Act of 1978.
Any person desiring to participate in
this rate proceeding must file a motion
to intervene or to protest this filing must
file in accordance with Rules 211 and
214 of the Commission’s Rules of
Practice and Procedure (18 CFR 385.211
and 385.214). Protests will be
considered by the Commission in
determining the appropriate action to be
taken, but will not serve to make
protestants parties to the proceeding.
Any person wishing to become a party
must file a notice of intervention or
motion to intervene, as appropriate.
Such notices, motions, or protests must
be filed on or before the date as
indicated below. Anyone filing an
intervention or protest must serve a
copy of that document on the Applicant.
Anyone filing an intervention or protest
on or before the intervention or protest
date need not serve motions to intervene
or protests on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 14 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
PO 00000
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Fmt 4703
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP07–367–000]
Columbia Gas Transmission
Corporation; Notice of Application
May 16, 2007.
Take notice that on May 3, 2007,
Columbia Gas Transmission Corporation
(Columbia), 1700 MacCorkle Avenue,
SE., Charleston, West Virginia 25314,
filed an application in Docket No.
CP07–367–000, pursuant to sections
7(b) and 7(c) of the Natural Gas Act for
a certificate of public convenience and
necessity authorizing it to construct and
operate facilities located in Ohio, West
Virginia, and Virginia, for its Eastern
Market Expansion (EME) Project. This
filing is available for review at the
Commission in the Public Reference
Room or may be viewed on the
Commission’s Web site at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, please contact FERC Online
Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
As part of the EME project, Columbia
is seeking authorization to construct
approximately 15.26 miles of pipeline,
drill 9 new wells and recondition 14
existing wells at the Crawford, Coco A,
and Coco C storage fields, install 12,280
horsepower at the Lanham, Lost River,
and Seneca compressor stations, and
upgrade various existing delivery
points. When completed, the facilities
will allow Columbia to provide up to
97,050 Dth per day of firm storage
service, all as more fully set forth in the
E:\FR\FM\19JNN1.SGM
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Agencies
[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Notices]
[Pages 33743-33748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3002]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Solicitation for Estuary Habitat Restoration Program
AGENCY: Department of the Army, U.S. 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 20, 2007.
ADDRESSES: Proposal forms may be accessed at https://www.usace.army.mil/
cw/cecwp/estuary_act/index.htm 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
[[Page 33744]]
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: Arrangements have been made for a conference
call to answer questions regarding this solicitation. The call has been
scheduled for July 16, 2007 at 1 p.m. EDT. This will be a long distance
call but there will be no surcharge above each participant's normal
costs for long distance calls. In order to assure adequate lines are
available, please send an email with a subject line of ``EHRP
solicitation conference call'' to Ms. Cummings or Mr. Smith by noon on
July 11, 2007. A reply will be sent to each message containing the
telephone number and access code for the call. A second call will be
scheduled at a later date if necessary.
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) on December 3, 2002. It is also
accessible at https://www.usace.army.mil/cw/cecwp/estuary_act/index.htm
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 recognized 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 agency. A non-
governmental 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
[[Page 33745]]
necessary lands, easements, rights-of-way, 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 for credit toward
its share of the project cost. 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 AntiKickback 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
have a long-term responsibility 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. It is
recommended that the Non-Federal Sponsor coordinate with the
appropriate Corps district office during preparation of the proposal.
Information on district locations and boundaries may be found at http:/
/www.usace.army.mil/ContactUs.html. If additional assistance is
required please contact Ms. Cummings (see FOR FURTHER INFORMATION
CONTACT section).
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 Sponsor and 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
initial screening criteria will not be evaluated further. To be
accepted the proposal must:
(1) Originate from a Non-Federal Sponsor (section 104(b));
(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://
era.noaa.gov/htmls/
[[Page 33746]]
era/era--monitoring.html, or from the contacts listed in the FOR
FURTHER INFORMATION CONTACT section). 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 proposals 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
Proposals will be evaluated based on the extent of proposed habitat
restoration activities and the type(s) of habitat(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
functions,
(b) benefits for Federally listed endangered or threatened species,
species proposed for Federal listing, recently delisted species or
designated or proposed critical habitat in the project areas,
(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 habits or restoration of estuary habitats that
are already contaminated, and
(e) benefits or nearby existing habitat areas, or contribution to
the creation of wildlife/ecological corridors connecting existing habit
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 costs 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 examples, 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 plans, and
(f) experience and qualifications of project personnel.
(4) Scientific Merit
Reviewers will evaluate the extent to which the project design 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 are:
(a) The State, Federal, and local agencies involved in developing
the 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 criteria follow. How will the project
promote collaboration or create partnerships among public and private
entities, including potential for future
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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
Reviewers 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
those 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(b)(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
reasonable additional 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 Districts 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 are 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 questions and will be the
day-to-day contact for the project. This may be a different individual
than the 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 share of the project cost
being sought from the Estuary Habitat Restoration Program as from the
Corps. For this entry the ``contribution type'' is in-kind and the
entire amount originates 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 it 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
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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 as defined in the application form.
X. Application Process
Proposal application forms are available at https://
www.usace.army.mil/cw/cecwp/estuary_act/index.htm 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@HQDA.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 04/30/2008. 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
if the files exceed 4MB in size. Questions may also be sent to the same
e-mail address. Hard copy submissions may be sent or delivered to
HQUSACE, ATTN: CECW-PB, 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 disk 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. 07-3002 Filed 6-18-07; 8:45 am]
BILLING CODE 3710-92-M