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Honu'apo Park Resource Management Plan

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Coastal and Estuarine Land Conservation Program<br />

Final Program Guidelines – June 6, 2003<br />

6.9 Environmental Justice. Consistent with the President’s Executive Order on<br />

Environmental Justice (Feb. 11, 1994) and the Department of Commerce’s<br />

Environmental Justice Strategy, applicants shall ensure that their CELCP projects will not<br />

have disproportionately high and adverse human health or environmental effects on<br />

minority or low income populations.<br />

6.10 Commerce Pre-Award Notification Requirements for Grants and Cooperative<br />

Agreements. The Department of Commerce has published in the Federal Register,<br />

October 1, 2001 (66 FR 49917), as amended October 30, 2002 (67 FR66109), a set of<br />

requirements that are applicable to all federal financial assistance awards issued by the<br />

Department. These will be addressed as Special Award Conditions on financial assistance<br />

awards.<br />

7. Classification<br />

Opinion<br />

7.1 Administrative Procedure Act/Regulatory Flexibility Act.<br />

Prior notice and an opportunity for public comment are not required by the<br />

Administrative Procedure Act for rules concerning public property, loans, grants,<br />

benefits, and contracts (5 USC 553 (a) (2)). Because notice and opportunity for comment<br />

are not required pursuant to 5 USC 553 or any other law, the analytical requirements of<br />

the Regulatory Flexibility Act (5 USC 601 et seq.) are inapplicable. Therefore, a<br />

regulatory flexibility analysis is not required and has not been prepared.<br />

7.2 Executive Order 12866.<br />

These draft guidelines do not constitute a “significant regulatory action” as<br />

defined by Executive Order 12866 because: (1) they will not have an annual effect on<br />

the economy of $100 million or more , or adversely affect in a material way the<br />

economy, a sector of the economy, productivity, competition, jobs, the environment,<br />

public health or safety, or State, local or tribal governments or communities; (2) they<br />

will not create a serious inconsistency or otherwise interfere with an action taken or<br />

planned by another agency; (3) they will not materially alter the budgetary impact of<br />

entitlements, grants, user fees, or loan programs or the rights and obligations of<br />

recipients thereof; and (4) they will not raise novel legal or policy issues arising out of<br />

legal mandates, the President’s priorities, or the principles set forth in the Executive<br />

Order.<br />

7.3 Paperwork Reduction Act.<br />

This document contains collection-of-information requirements subject to the<br />

Paperwork Reduction Act (PRA), and which have been approved by OMB. The use of<br />

Standard Forms 424, 424A, 424B, and SF-LLL have been approved by OMB under the<br />

respective control numbers 0348-0043, 0348-0044, 0348-0040, and 0348-0046. The<br />

information to be collected under these guidelines through conservation plans, the<br />

NOAA National Ocean Service, Office of Ocean and Coastal <strong>Resource</strong> <strong>Management</strong><br />

National Oceanic and Atmospheric Administration 19

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