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11.477 FISHERIES DISASTER RELIEF

FEDERAL AGENCY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL MARINE FISHERIES SERVICE, DEPARTMENT OF COMMERCE

AUTHORIZATION
Magnuson-Stevens Fishery Conservation and Management Act of 1996, Section 312(a), 16 U.S.C. 1861a; Departments of Justice and State, the Judiciary, and Related Agencies Appropriations Act, Title II.

OBJECTIVES
To deal with commercial fishery failures due to fishery resource disasters. Disaster causes may be (a) natural; (b) man-made (if they are "beyond the control of fisheries managers to mitigate through conservation and management measures"); or (c) undetermined.

TYPES OF ASSISTANCE
Project Grants (Cooperative Agreements).

USES AND USE RESTRICTIONS
Funds can be used for assessing the effects of commercial fishery failures, or restoring fisheries or preventing future failures, and assisting fishing communities affected by the failures. However, the Secretary of Commerce must first determine that the activity will not expand the commercial fishery failure in that fishery or into other fisheries or other geographical regions.

Applicant Eligibility
Eligible applicants are agencies of State governments or fishing communities for programs to provide assistance to fishing communities (including fishing vessel owners, operators, and crew and United States fish processors that are based in such community).

Beneficiary Eligibility
This program directly benefits fishing communities (including fishing vessel owners, operators, crew, and U.S. fish processors based in such communities) that are adversely affected by commercial fishery failures due to a fishery resource disaster.

Credentials/Documentation
Applicants are required to satisfy all Department of Commerce, National Oceanic and Atmospheric Administration (DOC/NOAA) standards and regulations, including routine and special terms and conditions, for financial assistance programs application and conduct. Costs will be determined in accordance with OMB Circular No. A- 87 for State and local governments.

Preapplication Coordination
The standard application forms as furnished by the agency. This program is excluded from coverage under E.O. 12372.

Application Procedure
Proposals are submitted through Grants.Gov. Applicants will need to enter the Funding Opportunity Number and/or CFDA number to access the application package and instructions. Application package will then be submitted directly to the National Marine Fisheries Service. Proposals are subject to the requirements of 15 CFR Parts 14 and 24, as applicable.

Award Procedure
Proposals are initially evaluated by the pertinent National Marine Fisheries Service (NMFS) office, region science center, or their component laboratories, and are subject to review for technical merit, soundness of design, competency of the applicant to perform the proposed work, potential contribution of the project to national or regional goals, and appropriateness and reasonableness of proposed costs. Projects recommended for funding will be submitted to the NOAA Grants Management Division for review and approval.

Deadlines
Project applications must be received by the receiving NMFS office at least 120 days before the requested start date of the project.

Range of Approval/Disapproval Time
Approval time is expected to range from 90 to 120 days, which includes processing of the award through the NMFS and DOC financial assistance procedures.

Appeals
None.

Renewals
Grants and cooperative agreements are approved for a fixed period, but may be continued beyond that period, subject to approved time frame and scope of work, satisfactory progress, and availability of funds. Renewal of an award to increase funding, extend the period of an award to increase funding, or extend the period of performance is at the total discretion of the Department.

Formula and Matching Requirements
The Federal share of any activity under this program must not exceed 75 percent of the total costs of the activity. The minimum 25 percent contribution from the recipient may be as cash or in-kind contributions.

Length and Time Phasing of Assistance
Varies. Award funds must be spent in the indicated budget period and are expended in accordance with OMB Cost Principles and DOC financial and reporting procedures. Funds are released in advance or by reimbursement, as agreed to in the Standard Terms and Conditions document required for each grant.

Reports
Reports are due in accordance with the terms and conditions of the award. The Department's financial assistance standard terms and conditions generally require that financial and performance reports be submitted on a semi-annual basis.

Audits
Audits are required at lease biennially by DOC Office of the Inspector General auditors, or an independent public accountant, and are subject to the Audit Act of 1984, 312 U.S.C. 7501-7507. Recipients that are subject to the provisions of OMB Circular No. A-133; Audit of States, Local Governments, and Nonprofit Organizations; and that expend $500,000 or more in Federal awards shall have an audit performed in accordance with the requirements contained in OMB Circular No. A-133. In accordance with 15 CFR Part 14.26, for-profit recipients shall have a project audit performed no less than once every two years in accordance with the Generally Accepted Government Auditing Standards. See OMB Circular No. A-133, (Revised June 27, 2003) (Audits of States, Local Governments, and Nonprofit Organizations and Information Collection Under OMB Review).

Records
All financial and programmatic records, supporting documents, statistical reports, and other records of grantees or subgrantees are required to be maintained by the terms of the agreement. The grantee must retain records for 3 years from the date when the final financial status report is submitted unless otherwise directed by DOC/NOAA pursuant to the exception or 15 CFR Part 24, as applicable. In cases where litigation, claim or an audit is initiated prior to expiration of the three-year period, records must be retained until the action and resolution of any issues associated with it are complete or until the end of the three-year retention period; whichever is latest.

Account Identification
13-1450-0-1-306.

Obligations
FY 07 est $0; FY 08 est not available; and FY 09 est not reported.

Range and Average of Financial Assistance
$343,500 to $7,000,000. Average: $2,781,167. FY 2006 Defense appropriations bill supplemental. Amount from USDA = $199.8M to refurbish/rehabilitate oyster beds damaged by 2005 hurricanes and HUD = $11.5B for disaster relief, long term recovery, restoration of infrastructure and mitigation in communities in 2005 hurricane disaster areas.

PROGRAM ACCOMPLISHMENTS
Fishery resource assessment, contaminant monitoring, debris mapping, and development of fishing effort reduction and market-based approaches to fishery management.

REGULATIONS, GUIDELINES, AND LITERATURE
Grants administration will be in accordance with provisions of 15 CFR Part 24 for State and Local Governments. For other projects developed to provide assistance to universities, nonprofits, and individuals, grants administration will be in accordance with 15 CFR Part 14 and costs will be determined in accordance with OMB Circular No. A-21 for Institutions of Higher Education, Circular No. A-122 for Nonprofit Organizations, and for Commercial Organizations 48 CFR Part 31.

Regional or Local Office
Alaska: Shawn Carey, Alaska Regional Office, NMFS, P.O. Box 21668, Juneau, AK 99802-1668. Telephone: (907) 586-7845, Fax: (907) 586-7255. Use the same numbers for FTS. E-mail: Shawn.Carey@noaa.gov. Northeast: Harold C. Mears, Director, State, Federal, and Constituent Programs Office, National Marine Fisheries Service; Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-2298. Telephone: (978)281-9243. Fax: (978) 281-9117. E-mail: Grants.Information@noaa.gov. Northwest: Steve Freese, Northwest Regional Office, NMFS, Sustainable Fisheries Division, 7600 Sand Point Way NE, Seattle, WA 98115. Telephone: (206) 526-6113. Fax: (206) 526- 4461. E-mail: steve.freese@noaa.gov. Southeast: Jeffrey Brown, State/Federal Liaison Staff, Southeast Regional Office, 263 13th Ave., South, St. Petersburg, FL 33702-2432. Telephone: (727) 551-5324. Fax: (727) 551-5364. E-mail: jeff.brown@noaa.gov. Southwest: Tricia Culver, Federal Program Officer, Southwest Regional Office, 501 W. Ocean Blvd., Long Beach, CA 90802-4213. Telephone: (562) 980-4239. Fax: (562) 980-4047. E-mail: tricia.culver@noaa.gov..

Headquarters Office
Steve Aguzin, NOAA National Marine Fisheries Service, Financial Services Division, 1315 East-West Highway, Rm. 13134, Silver Spring, MD 20910 (301) 713-2358 x 215. Fax: (301) 713-1306. e-Mail: Stephen.Aguzin@noaa.gov.

Web Site Address
Alaska: http://www.fakr.noaa.gov/omi/grants/default.htm. Southeast: http://caldera.sero.nmfs.gov/grants/programs/disaster.htm

RELATED PROGRAMS
11.407, Interjurisdictional Fisheries Act of 1986; 11.452, Unallied Industry Projects.

EXAMPLES OF FUNDED PROJECTS
Refurbish/rehabilitate oyster beds damaged by 2005 hurricanes and disaster relief, long term recovery, restoration of infrastructure and mitigation in communities in 2005 hurricane disaster areas.

CRITERIA FOR SELECTING PROPOSALS
Proposals may be selected from several sources, e.g., unsolicited and solicited proposals, Congressionally-mandated projects, and applications received as a result of notices published in the Federal Register. All proposals must undergo rigorous technical and merit review. Recipients, subrecipients and their proposals are subject to all applicable Federal laws and Federal and departmental policies, regulations, and procedures applicable to Federal financial assistance awards.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)