Notice2022-06336
Fisheries Finance Program; Announcement of Availability of Federal Financial Assistance for Western Alaskan Community Development Groups
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Published
March 25, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the availability of long-term direct loans for Western Alaskan Community Development Quota (CDQ) groups through the Community Development Loan program as a component of the Fisheries Finance Program (FFP). The Community Development loans will provide financing for the purchase of all or part of ownership interests in fishing or processing vessels, shoreside fish processing facilities, permits, quota, and cooperative rights in any of the Bering Sea and Aleutian Island fisheries. FFP loans are not issued for purposes that could contribute to over-fishing.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17070-17072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06336]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB489]
Fisheries Finance Program; Announcement of Availability of
Federal Financial Assistance for Western Alaskan Community Development
Groups
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice of availability of Federal financial assistance for
Western Alaskan Community Development Quota Groups.
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SUMMARY: NMFS announces the availability of long-term direct loans for
Western Alaskan Community Development Quota (CDQ) groups through the
Community Development Loan program as a component of the Fisheries
Finance Program (FFP). The Community Development loans will provide
financing for the purchase of all or part of ownership interests in
fishing or processing vessels, shoreside fish processing facilities,
permits, quota, and cooperative rights in any of the Bering Sea and
Aleutian Island fisheries. FFP loans are not issued for purposes that
could contribute to over-fishing.
DATES: Letters of interest must be received by April 25, 2022.
Applications should be submitted beginning April 25, 2022 and must be
received by June 24, 2022.
ADDRESSES: Letters of interest will only be accepted via email to
<a href="/cdn-cgi/l/email-protection#681b0b071c1c4600071d0f001c090401060f2806070909460f071e"><span class="__cf_email__" data-cfemail="5b2838342f2f7533342e3c332f3a3732353c1b35343a3a753c342d">[email protected]</span></a>. Applications must be submitted
electronically to <a href="/cdn-cgi/l/email-protection#bac9d9d5cece94d2d5cfddd2cedbd6d3d4ddfad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="a9dacac6dddd87c1c6dccec1ddc8c5c0c7cee9c7c6c8c887cec6df">[email protected]</span></a> through secure
transmissions.
FOR FURTHER INFORMATION CONTACT: Applicants may obtain information
regarding Community Development loans by contacting: Scott Houghtaling,
Branch Chief; Northwest Financial Services Branch, F/MB53 National
Marine Fisheries Service, National Oceanic and Atmospheric
Administration. Phone: (206) 526-6122 or by email to
<a href="/cdn-cgi/l/email-protection#1261717d66663c7a7d67757a66737e7b7c75527c7d73733c757d64"><span class="__cf_email__" data-cfemail="fd8e9e928989d39592889a95899c9194939abd93929c9cd39a928b">[email protected]</span></a>.
[[Page 17071]]
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Authority
The FFP's primary statutory authority is found in Title XI of the
Merchant Marine Act, 1936, as amended and now recodified at 46 U.S.C.
53701, et seq. (Act). The Sustainable Fisheries Act (SFA) (Pub. L. 104-
297, 110 Stat 3559) amended section 1104A(a)(7) of Title XI of the
Merchant Marine Act of 1936 and section 303(d)(4) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
(16 U.S.C. 1801 et seq.) to authorize Individual Fishing Quota
financing.
Authority for the Community Development Loan program for CDQ
lending as a component of the FFP is found in the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999, Public Law 105-
277, 112 stat. 2681-635, Section 211(e), as amended by the Science,
State, Justice, Commerce, and Related Agencies Appropriations Act of
2006, Public Law 109-108, 119 Stat. 2311-2312 and the Coast Guard and
Maritime Transportation Act of 2006, Public Law 109-241, 120 stat. 545,
section 416(c). NMFS published a final rule for CDQ lending in the
Federal Register on December 16, 2010 (75 FR 78619), codified at 50 CFR
part 253. This authority is subject to the Federal Credit Reform Act of
1990 (FCRA) (2 U.S.C. 661 et seq.) and the Single Audit Act Amendments
of 1996 (31 U.S.C. 7501 et seq.). CDQ loans are subject to all FFP
general credit standards and requirements, except that CDQ loans may
have terms up to thirty years pursuant to 50 CFR 253.29(d), but shall
not exceed the project property's useful life. Collateral, guarantee
and other requirements may be adjusted to individual credit risks.
B. Assistance Listings
The FFP is listed on <a href="http://www.sam.gov">www.sam.gov</a> under the ``Catalog of Federal
Domestic Assistance'' number 11.415: Fisheries Finance Program.
C. Funding Availability
The amount of credit authority available for the purposes of
purchasing all or part of the ownership interests in fishing or
processing vessels, shoreside fish processing facilities, permits,
quota, and cooperative rights in any of the Bering Sea and Aleutian
Island fisheries, is approximately $197,284,200. This amount is
available until expended.
D. Eligibility Criteria
Eligible applicants are defined in Public Law 105-277, 112 Stat
2681, Section 211(e). The following six CDQ groups are eligible to
apply:
1. Aleutian Pribilof Island Community Development Association;
2. Bristol Bay Economic Development Corporation;
3. Central Bering Sea Fishermen's Association;
4. Coastal Villages Region Fund;
5. Norton Sound Economic Development Corporation; and
6. Yukon Delta Fisheries Development Association.
E. Process & Priority for Accepting Applications
(1) The FFP has approximately $197,284,200 in CDQ loan authority.
Each of the six CDQ groups may submit a letter of interest to borrow up
to $32,880,700 for a qualified FFP loan project(s) by April 25, 2022.
(2) Letters of interest will only be accepted via email to
<a href="/cdn-cgi/l/email-protection#f487979b8080da9c9b81939c8095989d9a93b49a9b9595da939b82"><span class="__cf_email__" data-cfemail="186b7b776c6c3670776d7f706c797471767f5876777979367f776e">[email protected]</span></a>.
(3) NMFS will respond to letters of interest from the CDQ groups by
providing FFP Loan Application Form, NOAA Form 88-1 and instructions
for submitting applications electronically through secure
transmissions. Applications will only be accepted electronically
through secured transmissions.
(4) If NMFS does not receive letters of interest from the CDQ
groups totaling $197,280,000 by April 25, 2022, NMFS will inform the 6
CDQ groups that the remaining funds will be available on a first come
basis. Any CDQ group that has already submitted a letter of interest
may adjust its funding request in a subsequent letter of interest or
application should remaining funds be available as described, and any
CDQ group that had not previously submitted a letter of interest may
still do so in the event of any remaining funds. There is no preference
for a letter of interest or application for remaining funds, either
will be accepted for purposes of determining who has expressed interest
first, provided that a timely application is subsequently received by
June 24, 2022. If at any time, the total amounts requested exceed the
lending authority listed above, priority will be based on the date and
time of the electronic submission.
(5) NMFS will begin accepting applications on April 25, 2022 at 9
a.m., EDT. Applications received before this time will not be accepted.
Applications will be reviewed in the order in which they are received.
Applications must be submitted electronically to
<a href="/cdn-cgi/l/email-protection#1a6979756e6e3472756f7d726e7b7673747d5a74757b7b347d756c"><span class="__cf_email__" data-cfemail="1d6e7e726969337572687a75697c7174737a5d73727c7c337a726b">[email protected]</span></a> through secure transmissions. Each CDQ group
will have until June 24, 2022 to submit a loan application(s).
(6) If NMFS does not receive any loan applications by June 24, 2022
for the extent of its loan authority, NMFS will inform the 6 CDQ groups
that the remaining funds will be available on a first come basis. If at
any time, the total amounts requested exceed the lending authority
listed above, priority will be based on the date and time of the
electronic submission.
II. Administrative Requirements & Evaluation Criteria
(1) Per Section 1.A. of this notification, Community Development
loans to CDQ groups are subject to all FFP general credit standards and
requirements in 50 CFR part 253. These include, for example,
requirements for applicable interest rates, principal, collateral, and
working capital, lending restrictions, ability and experience
requirements, and application fees. In addition, NMFS will not approve
loans for fisheries that are listed as overfished or subject to
overfishing. NMFS will undertake a due diligence investigation of every
application to determine if, in its sole judgment, the application is
both eligible for a loan because it meets the applicable loan
requirements and qualified because the project is deemed an acceptable
credit risk. Among other investigations, applicants may be subject to a
background check, fisheries violations check and credit review.
Background checks are intended to reveal if any key individuals
associated with the project have been convicted of, or are presently
facing criminal charges such as fraud, theft, perjury, or other matters
which significantly reflect on the applicant's honesty or financial
integrity.
(2) Community Development loans to CDQ groups are also subject to
the requirements for Federal loans codified in the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, as described in 2 CFR 200.101(b), adopted by the
Department of Commerce in 2 CFR part 1327. Applicable requirements for
Federal loans include, but are not limited to, internal controls (2 CFR
200.303) and audit requirements (2 CFR part 200, subpart F).
Prospective ``participants'' (as defined at 2 CFR 180.980) are subject
to 2 CFR part 180, subparts A through I, as supplemented by 2 CFR part
1326, regarding ``Nonprocurement Debarment and Suspension.'' Disclosure
of an applicant's Taxpayer Identification
[[Page 17072]]
Number, and, to the extent permitted by applicable law, the social
security number for an individual, may be made in the event NMFS takes
action to exclude a person under the nonprocurement debarment and
suspension system using the System for Award Management Exclusions, as
described in 2 CFR part 180, subpart E.
(3) In accordance with the provisions of the Debt Collection
Improvement Act of 1996, a person may not obtain any Federal financial
assistance in the form of a loan (other than a disaster loan) or loan
guarantee if the person has an outstanding debt (other than a debt
under the Internal Revenue Code of 1986) with any Federal agency which
is in a delinquent status, as determined under standards prescribed by
the Secretary of the Treasury.
(4) A false statement on an application is grounds for denial or
termination of funds and grounds for possible punishment by a fine or
imprisonment as provided in 18 U.S.C. 1001 and an event of a security
default. 50 CFR 253.12(c).
(5) Recipients of Federal loans are subject to the applicable
lobbying provisions of 31 U.S.C. 1352, ``Limitation on use of
appropriated funds to influence certain Federal contracting and
financial transactions.'' Applicants must submit a completed Form CD-
511, ``Certification Regarding Lobbying.''
(6) An applicant classified for tax purposes as an individual,
limited liability company, partnership, proprietorship, corporation, or
legal entity is required to submit a taxpayer identification number
(TIN) (either social security number, employer identification number as
applicable, or registered foreign organization number) on Form W-9,
``Payers Request for Taxpayer Identification Number.'' Recipients who
either fail to provide their TIN or provide an incorrect TIN may have
funding suspended until the requirement is met.
(7) An audit of a Community Development loan may be conducted at
any time; expenditures of or exceeding $750,000 during a non-Federal
entity's fiscal year in Federal awards must have a single or program-
specific audit for that year. 50 CFR 253.25(d); 2 CFR 200.501(a).
Auditee responsibilities are set forth in 2 CFR 200.508. Auditors,
selected pursuant to 2 CFR 200.509, shall have access to any and all
personnel, accounts, books, documents, papers and records, supporting
documentation and other information of the obligor or any other party
to a financing, that the auditor(s) deem pertinent, whether written,
printed, recorded, produced or reproduced by any mechanical, magnetic
or other process or medium.
III. Regulatory Determinations
Neither the Administrative Procedure Act nor any other law requires
prior notice and opportunity for public comment about this document
(which concerns loans). Consequently, the Regulatory Flexibility Act
does not require a regulatory flexibility analysis. This action is not
a ``regulation'' for purposes of Executive Order 12866 (Regulatory
Planning and Review) nor does it constitute a policy that has
federalism implications under Executive Order 13132 (Federalism).
This notification contains and refers to collection-of-information
requirements subject to the Paperwork Reduction Act. The application
requirements contained in the notification have been approved under OMB
control number 0648-0012. Notwithstanding any other provision of law,
no person is required to respond to, nor shall any person be subject to
a penalty for failure to comply with, a collection of information
subject to the requirements of the Paperwork Reduction Act unless that
collection of information displays a currently valid OMB control
number.
This action is subject to the National Environmental Policy Act.
Pursuant to the NOAA Administrative Order 216-6A and the NOAA Companion
Manual (CM), ``Policy and Procedures for Compliance with the National
Environmental Policy Act and Related Authorities'' (effective January
13, 2017), NMFS has determined that this action is categorically
excluded from the requirement to prepare an environmental impact
statement or environmental assessment under Categorical Exclusion D.1,
at CM Appendix E. The action does not involve any of the extraordinary
circumstances provided in NOAA's NEPA procedures, and therefore does
not require further analysis to determine whether the action may have
significant effects (CM at 4.A).
Dated: March 22, 2022.
Brian Pawlak,
Director, NMFS Office of Management and Budget.
[FR Doc. 2022-06336 Filed 3-24-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 25, 2022.
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