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Thursday,

January 18, 2001

Part VII

Department of theInteriorFish and Wildlife Service

50 CFR Part 86Boating Infrastructure Grant Program;Final Rule

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5282 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 86

RIN 1018–AF38

Boating Infrastructure Grant Program

AGENCY: Fish and Wildlife Service,Interior.ACTION: Final rule.

SUMMARY: This regulation provides forthe uniform administration of thenational Boating Infrastructure GrantProgram and survey authorized bySection 7404 of the Sportfishing andBoating Safety Act of 1998. Through thisprogram, the U.S. Fish and WildlifeService will provide funds to States toinstall or upgrade tie-up facilities fortransient recreational boats 26 feet ormore in length.DATES: This rule is effective on February20, 2001.ADDRESSES: The administrative recordfor this rule, including copies ofcomments received, is available forviewing Monday through Friday, 8 amto 4 pm, in the Division of Federal Aid,4401 North Fairfax Drive, Room 140,Arlington, VA 22203.FOR FURTHER INFORMATION CONTACT:Steve Farrell, Project Officer, U.S. Fishand Wildlife Service, Division ofFederal Aid, 4401 North Fairfax Drive,Suite 140, Arlington, Virginia 22203;telephone (703) 358–2156; fax (703)358–1705; email<[email protected]>.

SUPPLEMENTARY INFORMATION:

Background

Economic Status of Boating in theUnited States

Historically, coastal and inlandwaterways were the first highways alongour shores and into the interior of thecontinent. Americans used boats almostexclusively for transportation of peopleand goods. Today we use more than 12million recreational boats to cruise andfish. Recreational boating is now asignificant economic activity in manyareas of the country and in manyrespects exceeds that of waterbornecommerce. Given the presentdemographic forces, we expect this ruleto have a positive economic impact byadding facilities to accommodate largercruising boats.

Purpose of the Boating InfrastructureGrant Program

Recreational boats 26 feet or more inlength, called ‘‘nontrailerable’’ boats,represent about 4 percent, or more than

600,000, of the recreational boats in theUnited States. Although we haveapproximately 12,000 marinas in theUnited States, Congress recognized thatinsufficient tie-up facilities exist fortransient, nontrailerable boats forreasonable and convenient access fromour navigable waters. These boaters areunable to enjoy many recreational,cultural, historic, scenic, and naturalresources of the United States. We alsohave an insufficient quantity of marinasor commercial tie-up facilities alongextended stretches of our coastlines andrivers that benefit transient,nontrailerable boats. In many parts ofthe country, the number of places to tie-up, moor, or anchor a cruising boat,especially during a storm, is limited.Basic features, such as tie-ups, fuel,utilities, and restrooms, are oftennonexistent. As a result, Congresspassed the Sport Fishing and BoatingSafety Act of 1998 (16 U.S.C. 777g).Under the Act, the U.S. Fish andWildlife Service conducts the BoatingInfrastructure Grant (BIG) Program. TheBIG Program will provide $32 million toStates and Territories over 4 years toconstruct, renovate, or maintain tie-upfacilities for recreational boats 26 feet ormore in length.

This program will:(a) Create dockage for transient

recreational boats 26 feet or more inlength for recreational opportunities andsafe harbors;

(b) Provide navigational aids forboaters to use these facilities;

(c) Enhance access to recreational,historic, cultural, natural, and scenicresources;

(d) Strengthen local ties to the boatingcommunity and its economic benefits;

(e) Promote public/privatepartnerships and entrepreneurialopportunities;

(f) Provide continuity of public accessto the shore; and

(g) Promote awareness of transientboating opportunities.

The Act also directs us to:(a) Develop a national framework or

methodology to conduct a boat accessneeds assessment or survey todetermine the adequacy of facilities forrecreational boats of all sizes;

(b) Encourage States to complete theboat access needs survey; and

(c) Complete a comprehensivenational assessment of boat access needsand facilities (the assessment will be acompilation of information from theStates’ surveys into a national report ofboat access needs).

Analysis of Public Comments andChanges Made to the Proposed Rule

On January 20, 2000, the U.S. Fishand Wildlife Service (Service) publisheda proposed rule in the Federal Register(65 FR 3331) and requested commentson the proposed rule and informationcollection for the national BIG Program.The Service received 13 writtenresponses by the close of the commentperiod on March 20, 2000. Theresponses came from nongovernmentalorganizations, a private individual, andFederal and State employees andagencies.

We received a total of 170 commentsfrom the 13 written responses coveringthe following areas: survey (74), criteriafor selection (11), State plans (8),clarifications (3), suspectedtypographical errors (3), and commentsof a general nature (71). We may notreflect these actual numbers in the listbelow due to combining similarcomments or questions. We haveaddressed all of the comments in thissection of the preamble and made anynecessary changes to the proposed rule.As a result, some sections of theproposed rule were combined oreliminated. Comments pertaining to theproposed information collection areaddressed under SubstantiveComments, Issues 1 through 9.

The following is clarification oranalysis and reporting of any substantialchanges to the rule that the Servicemade in response to these comments.The Service also corrected other minorerrors in the proposed rule, as describedbelow.

Minor ChangesIn § 86.12(n), in response to a

comment asking us to define‘‘transient,’’ we are adding the followingdefinition, ‘‘Passing through or by aplace, staying 10 days or less.’’

In § 86.13(d), we changed ‘‘seasonal’’to ‘‘transient’’ to avoid confusingwording.

In § 86.13(f), in response to asuggestion, we added ‘‘docks’’ after theword ‘‘floating’’ to clarify.

In § 86.13, in response to suggestions,we added at paragraphs (o), (p), and (q),‘‘dockside’’ to clarify where utilities areplaced.

In § 86.13, in response to a suggestion,we added ‘‘(r) Debris deflection booms.’’

In § 86.13, in response to suggestions,we added ‘‘(s) Marine fueling stations.’’

In § 86.20(a)(1), in response to asuggestion, we added a second sentenceas follows: ‘‘You must design newconstruction and renovations to last atleast 20 years.’’

In § 86.20(e)(1), in response to asuggestion, we deleted from


5283Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

subparagraph (vii) to end, as theactivities listed in the proposed rule arenot appropriate preconstructionactivities.

In § 86.20, in response to a suggestion,we added a new item, ‘‘(f) Produceinformation and education materialssuch as charts, cruising guides, andbrochures.’’

In § 86.21(d), in response to asuggestion, we changed the sentence toread: ‘‘Construct or renovate principalstructures not expected to last at least 20years.’’

In § 86.44(b), in response to asuggestion, we replaced ‘‘* * * wewill’’ with ‘‘* * * The State must* * *’’

In § 86.54(f)(1)(i) in the proposed rule(now § 86.53(d)(1)(i)), in response toseveral comments, we changed thesection to clarify that no State Tier Oneproposal may exceed $100,000 in anygiven fiscal year.

Substantive ChangesIssue 1. Questions and comments on

the survey included issues ofrespondent burden (how long tocomplete a section), unclear questions,issues of confidentiality, site-specificquestions, and the value of answers tospecific questions in determiningnational need.

Response: In response to all of thecomments received on the technicalaspects of the proposed survey, wecompleted significant revisions to thesurvey instrument. We considered allcomments and redesigned the survey,improved guidance and questions, anddecreased the time burden forcompletion. The revised survey beganits approval process when it waspublished in the Federal Register (65FR 63606) on October 24, 2000 for a 60-day public comment period. The surveywill be ready for use during the FY 2001grant cycle, and the Service will notifyeligible applicants upon receiving OMBapproval.

Issue 2. How can States pay for thesurvey?

Response: States can pay the costs forconducting the survey using FederalAid in Sport Fish Restoration programfunds, and credit expenditures towardthe 15% minimum used for motor boataccess (16 U.S.C. 777g (g)(4)).

Issue 3. Is the survey required?Response: The Service does not

require States to conduct surveys toreceive funding under the national BIGprogram. However, the Service mustproduce a comprehensive nationalassessment of recreational boat accessneeds and facilities. The States, byconducting and forwarding their surveyresults to the Service, are ensuring that

their needs are known (16 U.S.C. 777g(g)(2)). States may use existing, recentsurvey results, approved by theappropriate Service Regional Office, todetermine boating infrastructure needs(§ 86.113).

Issue 4. States completing a surveyshould receive ranking points.

Response: No ‘‘points’’ are assigned inthe criteria for completing a survey; theonly available points are outlined in§ 86.60. States must use the surveyresults to develop a State plan forboating infrastructure. The plan (anyplan certified by the Service RegionalOffice) is then eligible for 15 rankingpoints.

Issue 5. Can States add questions tothe survey?

Response: States cannot add anyquestions to the survey. If OMBapproves the final survey as written, wewill reimburse States only foradministering it as approved.

Issue 6. Typographical errors occur inthe survey tables.

Response: We fixed typographicalerrors in both tables describing the typeof participant in survey parts.

Issue 7. States should submit surveyresults electronically.

Response: The Service wants theresults transmitted to the ServiceRegional Offices in a common electronicformat, such as Microsoft Word, WordPerfect, Excel or Quattro Pro. We addeda requirement regarding electronictransmission of results to § 86.111.

Issue 8. Clarify ‘‘boat serviceproviders’’ as the term relates to publicaccess.

Response: We changed§ 86.102(b)(2)(i) and (ii) to include aphrase that specifies boat serviceproviders ‘‘who allow public access.’’

Issue 9. What are the survey responserate requirements?

Response: We changed § 86.115 toread ‘‘plus or minus 10 percent.’’ Wealso replaced the language that suggestsa 70 percent response rate with languagethat says the State is responsible forselecting a statistically valid samplesize.

Issue 10. In § 86.60, the points do notadd up to 100, or no points are allowedfor completing surveys.

Response: This section needed severalminor editorial changes to make it clearand concise. Among these, we changedthe point total to 105. The issueregarding awarding points forcompleting surveys is addressed inIssue 4.

Issue 11. According to § 86.54, whyare proposals that are awarded less than60 points when held to the criteria in§ 86.60 automatically moved to TierTwo?

Response: We removed this ‘‘60point’’ break when we revised the TierOne/Two break.

Issue 12. By awarding 15 points for aState plan, the Service is making Stateplans mandatory, penalizing all nonplanproposals.

Response: State plans are desirableunder the Act (16 U.S.C. 777g (g)). Theyhelp set priorities and describe how aState will fulfill recreational boaters’needs. We can also use plans to help setnational priorities in the comprehensivenational assessment of recreational boataccess needs and facilities described inthe Act. The plan nonetheless isoptional. The Act states, ‘‘A State maydevelop a plan for,’’ and in the proposedrule, § 86.131 states ‘‘Plans arevoluntary.’’ However, the Service willaward 15 criteria points to anyacceptable plan, already existing andcurrent, or a newly developed planbased on the OMB-approved survey orother recent approved survey results.The reason for the 15 criteria points isthat projects coming from an acceptedplan will establish priorities based on aformal needs assessment.

Issue 13. Add a statement to identifypriorities in the State plan in§ 86.60(b)(1).

Response: We added to § 86.60(b)(1),after the word ‘‘following’’ ‘‘prioritiesidentified in’’ your State’s program plan.We also agreed with the second thoughtpresented in this comment and changed‘‘construct and renovate’’ to ‘‘construct,renovate, and maintain.’’

Issue 14. Change the point valuesassigned to certain criteria.

Response: We are not making achange to the final rule as a result of thiscomment. We believe that we did athorough job of stakeholder involvementwhen we assigned these point values.

Issue 15. A possible conflict exists in§ 86.60(b)(4) about match funds.

Response: We have changed§ 86.60(b)(4) to read ‘‘Include private,local, or other State funds in addition tothe non-Federal match described in§ 86.42.’’

Issue 16. Because of typographicalerrors in § 86.60(b)(4)(i), the percentagerange was left out.

Response: In § 86.60(b)(4), wechanged paragraph (i) to read ‘‘Twenty-six percent to thirty-five percent—5points,’’ paragraph (ii) to remove theword ‘‘above’’ at the end, and paragraph(iii) to insert the word ‘‘and’’ so it reads‘‘Fifty percent and above—15 points.’’

Issue 17. Add the word ‘‘proposed’’before ‘‘tie-up’’ to the second sentencein § 86.60(b)(5), and delete the word‘‘access’’ from the same sentence.

Response: We do not believe thissuggestion adds to the clarity of the



sentence. We are making no changes tothe proposed rule as a result of thiscomment.

Issue 18. In § 86.60(b)(6), change thewording of the sentence to restrict thesites to those near population centersand raise the value of the pointsassigned.

Response: We believe this changewould unnecessarily restrict Stateproposals. We believe the sentence isclear and the points are appropriate.The sentence remains unchanged.

Issue 19. In § 86.60(b)(7), substitute‘‘enhanced opportunities’’ for ‘‘access.’’

Response: We are not changing thisparagraph as a result of this commentbecause we believe the sentence is clearas written.

Issue 20. In § 86.60(b)(8), add‘‘adjacent’’ before the word‘‘community,’’ and add ‘‘as the result ofconstruction, renovation, or increaseduse,’’ at the end of the first sentence.

Response: We believe this changewould unnecessarily restrict theprogram criteria. The proposed sentencestands unchanged.

Issue 21. Allow Tier One dollars tofinance State plans because not to do socreates an unfunded Federal mandate.

Response: The Act states that‘‘* * * a State may develop and submitto the Secretary a plan for* * * ,’’ not‘‘must’’ (16 U.S.C. 777g–1 (c)). Amandate does not exist. However, Statesmay do planning under other Sport FishRestoration Act grant programs forpurposes eligible under those programsand apply the resulting plan to the BIGProgram.

Issue 22. Will the Service acceptexisting plans?

Response: The Service will accept anyplan certified by the appropriate ServiceRegional Office that ensures that publicboat access is and will be adequate tomeet the needs of recreational boaterson your State’s waters (§ 86.134).

Issue 23. What are the products of theNational Assessment?

Response: The products of theComprehensive National Assessmentare listed in § 86.124.

Issue 24. Complying with the NationalEnvironmental Policy Act and theEndangered Species Act could cause upto 2 years of delay.

Response: All grantees must agree toand certify compliance with allapplicable Federal laws. We use acertified ‘‘Assurances’’ statement. Weare making no changes to the proposedrule as a result of this comment.

Issue 25. Can States use consultantfees, design, permitting, andconstruction administration costs asmatch for Tier One projects?

Response: Allowable matching andcost-sharing regulations are in 43 CFR

12.64; specific questions should bedirected to the appropriate ServiceRegional Office.

Issue 26. Reduce match to where localgovernments or small marinas cancompete for funds.

Response: In accordance with the Act,only States are eligible for fundingunder this grant program.

Issue 27. Are pre-award costsallowable?

Response: Only as described under§ 86.20.

Issue 28. Who assumes theadministrative burden after the programexpires in 3 years?

Response: We discuss maintenance ofapproved projects in 50 CFR 80.17.

Issue 29. How much money can wecharge the public to tie-up?

Response: The going rate in thelocality determines the amount for thefacility. We are making no change to theproposed rule as a result of thiscomment.

Issue 30. For projects in Tier Two thatexceed available funding in Tier Two,what is the methodology for awardingfunds other than what States request?

Response: There is none. We cannotexceed established spending levels. If aState requires funds from two or moredifferent programs to obtain fullfunding, the State is responsible forsecuring the funds.

Issue 31. In § 86.20(a)(3), substitute‘‘deep enough’’ for ‘‘6 feet of depth atthe lowest tide * * * .’’

Response: We researched these depthsbefore making this specification, and weare not making the recommendedchange.

Issue 32. In § 86.20(a)(5)(iii), deletethe reference to ‘‘this program,’’ so thatthe sentence reads: ‘‘You may use fundsfrom the Clean Vessel Act Program.’’

Response: We encourage theconstruction of pumpout stations witheither set of funds. We are making nochanges to the proposed rule as a resultof this comment.

Issue 33. In § 86.20(e)(1), add‘‘contract documents.’’

Response: No contract should beprepared and awarded until after wesign a grant; therefore, contractdocuments are not allowed as a pre-agreement cost. We are making nochanges to the proposed rule as a resultof this comment.

Issue 34. In § 86.21(e) and (g), addnote on one-time dredging to (e) andadd dinghy docks to (g).

Response: We address one-timedredging in § 86.20, and dinghy docksare not for transient vessels more than26 feet in length. We are making nochanges to the proposed rule as a resultof this comment.

Issue 35. In § 86.21, make the Stateplan eligible for funding under BIG.

Response: State plans are eligibleactivities under the Sport FishRestoration Act (16 U.S.C. 777).

Issue 36. In accordance with § 86.30,must I allow the public to use grant-funded facilities?

Response: Yes, § 86.30 specifies thatreasonable access must be allowed andexplains what that means.

Issue 37. In regard to § 86.54, oneresponder commented that the criterionreferenced in § 86.60 was developed forcompetitive Tier Two projects and wasnot meant for Tier One projects. TierOne project funding was developed forStates meeting the requirements in§§ 86.13 and 86.20.

Response: We agree and will change§ 86.54(f)(1)(ii) (now § 86.53(d)(1)(ii) inthe final rule) to read ‘‘* * * using theeligibility requirements in §§ 86.14 and86.20.’’ (Section 86.13 from theproposed rule has become § 86.14 in thefinal rule.)

Issue 38. In regard to § 86.55(f), whyare two sets of $100,000 proposalsrequired? Why not require one $200,000proposal?

Response: Tier One proposals in thefirst grant cycle will be funded by 2different fiscal years. To provideadditional clarity, we replaced thesecond sentence in § 86.55(f) (now§ 86.54(f)) with wording similar to thefollowing, ‘‘We will fund one proposalfor each fiscal year provided that eachproposal meets the eligibilityrequirements in §§ 86.13 (now 86.14)and 86.20.’’

Issue 39. Sections 86.20 and 86.21conflict in useful life of some outputs.

Response: We do not agree. Principalstructures expected to last 20 years ormore are different from navigationalaids which may have a shorter lifespan.Only principal structures must bedesigned to last at least 20 years,therefore a conflict does not exist.

Issue 40. In regard to § 86.56, after theService awards funds for a project, if itis found not to meet compliancerequirements, where will these fundsgo?

Response: If a State cannot bring theproject into compliance according to§ 86.56 (now § 86.55), the funds mayrevert as required by the Act (16 U.S.C.777c).

Issue 41. Regarding § 86.60(b), arespondent recommended consideringconstruction in remote areas in thescoring priority and adding a statementto the Regulatory Flexibility Act sectionto give criteria points for remote sites.

Response: Section 86.60(b)(6) and (7)considers remote areas as they relate tosignificant links to prominent



destinations, way-points, and national,regional, and local significant areas.Therefore, we do not see the need toalter the present guidance.

Issue 42. In § 86.60(b)(8), how will weassess ‘‘significant positive economicimpact?’’

Response: States should assess theeconomic impact of projects using acost/benefit analysis as described in theexample in § 86.60(b)(8). States shouldaddress this issue, along with all theother criteria, in the grant proposal.

Issue 43. In § 86.82(b), replace theword ‘‘slippage’’ with ‘‘deviation.’’

Response: ‘‘Slippage’’ is the term usedin 43 CFR 12.80(b)(2)(ii), whichprovides reporting requirements forassistance programs. We are making nochanges to the proposed rule as a resultof this comment.

Issue 44. In § 86.80, remove therequirement for quarterly reports.

Response: We are removing therequirement for quarterly reporting forTier One projects only, according to 43CFR 12.80, Monitoring and ReportingProgram Performance.

Issue 45. In § 86.91, make States givecredit to the Sport Fish RestorationProgram for BIG grants.

Response: Credit to the Sport FishRestoration Program remains optional.We have nothing on which to basemaking this issue mandatory. We arechanging ‘‘may’’ in the last sentence to‘‘* * * are encouraged to * * *’’.

Issue 46. Could priority for services attie-up facilities be given to transientboats over 26 feet in length? If so, howwould States enforce the priority?

Response: No. While we intend theprogram to benefit transient,nontrailerable boats, States must giveequal public access to all boaters.Consequently, enforcement isunnecessary.

Issue 47. The Service Director shouldconvene a nongovernmental advisorycommittee to provide expertise on‘‘recreational boating facilities needs.’’

Response: Under the FederalAdvisory Committee Act ( Pub. L. 92–463, 5 U.S.C. App.1), requirements forcreating an advisory committee wouldsignificantly delay the distribution ofthe first cycle grant funds. However,opportunities may exist for thenongovernmental community toparticipate in the grant selectionprocess, and the Service will investigatesuch opportunities.

Issue 48. Are maintenance andoperation costs in remote areas eligibleunder § 86.20(4)?

Response: We cover maintenanceunder § 86.20(a); we specificallyexclude operation and janitorial costsunder § 86.21.

Issue 49. Provide sufficient time torank and award proposals.

Response: We changed theapplication period for the first grantcycle to allow applicants 90 days tosubmit grant proposals to theappropriate Service Regional Office.This change occurs in § 86.50.

Regulatory Planning and Review (E.O.12866)

In accordance with the criteria inExecutive Order 12866, this rule is asignificant regulatory action accordingto the following:

(a) This rule will not have an annualeconomic effect of $100 million oradversely affect an economic sector,productivity, jobs, the environment, orother units of government. Programfunds total $8 million per year for 4years, for a total of $32 million. Programfunds for surveys total $1,050,000.States must match these amounts with25 percent or $2 million per year. Statematch totals $8 million over 4 years.The program will not negatively affectan economic sector, productivity, jobs,and other units of government. Theprogram will have a positive effect onthese factors.

(b) This rule will not createinconsistencies with other agencies’actions. We will require the necessaryFederal, State, and local reviews andpermits before allowing construction ofall facilities approved under theprogram. These reviews will ensure thatthis rule will not create inconsistencieswith other agencies’ actions.

(c) This rule will materially affectentitlements, grants, user fees, loanprograms, or the rights and obligationsof their recipients. This rule establishesa new grant program using existingfunds that are otherwise available toState natural resource agencies underthe Sport Fish Restoration Act (16U.S.C. 777–777m). Recipients willvoluntarily accept all stipulations priorto the Service awarding funds forfacility construction. The program onlyobligates the recipient to maintain thefacility. User fees are not mandatory andthe program allows only enough chargesto maintain the facility established bythe grant.

(d) This rule will not raise novel legalor policy issues. This program willaward funds to States to install facilitiesfor transient nontrailerable boats. Wewill review all actions for compliancewith the National Environmental PolicyAct. This grant program is similar topast Federal Aid grant programs forconstruction of facilities.

Regulatory Flexibility ActThe Department certifies that this

document will not have a significanteconomic effect on a substantial numberof small entities under the RegulatoryFlexibility Act (5 U.S.C. 601 et seq.).Eight million dollars will be availableannually for a 4-year period. The effectsof these regulations occur to agencies inthe States, Puerto Rico, Guam, theVirgin Islands, American Samoa, theDistrict of Columbia, and the NorthernMariana Islands. These are not smallentities under the Regulatory FlexibilityAct. Some small entities, mainly marinaoperators, may receive grant funds. Theprogram will place facilities where noneexist now, in remote areas where nocompetition exists, and in populatedareas where marinas have notpreviously installed them. Employment,investment, productivity, andinnovation should all increase becausethe program will construct facilities toattract transient boaters. The result willbe a net transfer of expenditures in thearea. U.S.-based enterprises’ ability tocompete with foreign-based enterprisesshould not be affected by this rule.

Small Business Regulatory EnforcementFairness Act (SBREFA)

This regulation is not a major ruleunder 5 U.S.C. 804(2), the SmallBusiness Regulatory EnforcementFairness Act, as discussed in theRegulatory Planning and Review andRegulatory Flexibility Act sectionsabove.

Unfunded Mandates Reform ActThis regulation does not impose an

unfunded mandate on State, local, ortribal governments or the private sectorof more than $100 million per year. Thisregulation does not have a significant orunique effect on State, local, tribalgovernments, or the private sector. Therule establishes a grant program thatStates may participate in voluntarily. Astatement containing the informationrequired by the Unfunded MandatesReform Act (2 U.S.C. 1531 et seq.) is notnecessary.

Takings (E.O. 12630)In compliance with Executive Order

12630, this regulation does not havesignificant takings implications. Therule provides standardized proceduresfor administering a Federaldiscretionary grant program.

Federalism Assessment (E.O. 13132)In compliance with Executive Order

13132, this regulation does not havesufficient Federalism implications towarrant the preparation of a FederalismAssessment. Through this regulation,



eligible States will receive grants forconstruction, renovation, maintenanceof boating facilities, and publicinformation and education programs.Therefore, the rule is consistent withExecutive Order 13132.

Civil Justice Reform (E.O. 12988)In compliance with Executive Order

12988, the Office of the Solicitor hasdetermined that this regulation does notunduly burden the judicial system andmeets the requirements of §§ 3(a) and3(b)(2) of the Order.

Paperwork Reduction ActThe information collection

requirements contained in thisregulation are only those necessary tofulfill applicable grant applicationrequirements of 43 CFR Part 12; see 43CFR 12.4 for information concerningOMB approval of those requirements.We have submitted the collections ofinformation contained in this rule to theOffice of Management and Budget forapproval as required under 44 U.S.C.3501 et seq. The Service will not collectthis information until OMB has grantedus approval. Additionally, no personmay be required to respond to acollection of information unless itdisplays a currently valid OMB number.

The information collectionrequirement related to the surveys has acurrent OMB Approval Number 1018–0106 under the provisions of 44 U.S.C.3501 et seq. In response to thecomments received on the technicalaspects of the proposed survey, werevised the survey improving theguidance, questions, and a lower timeburden for completion.

What Intergovernmental ReviewProcedures Must I as a State follow?

Executive Order 12372,‘‘Intergovernmental Review of FederalPrograms,’’ and 43 CFR Part 9,‘‘Intergovernmental Review ofDepartment of the Interior Programs andActivities,’’ applies to the national BIGProgram. Under the Order, you maydesign your own processes to reviewand comment on proposed Federalassistance under covered programs.

What Is My Responsibility as a State ifI Participate in the Executive OrderProcess Having Single Points ofContact?

You should alert your Single Points ofContact (SPOC) to the prospectiveapplications and receive any necessaryinstructions to provide material theSPOC requires. You must submit allrequired materials, if any, to the SPOCand show the date of this submittal (orthe date of contact if the SPOC does not

require submittal) on the narrative. Ifyou are from a State that chooses toexempt the grants, you need take noaction regarding E.O. 12372.

AuthorThe principal author of this rule is

Steve Farrell, Project Officer, U.S. Fishand Wildlife Service, Division ofFederal Aid, 4401 North Fairfax Drive,Suite 140, Arlington, Virginia 22203.

Regulation PromulgationAccordingly, the Service hereby

establishes part 86, subchapter F ofChapter I, Title 50 Code of FederalRegulations, as set forth below:

List of Subjects in 50 CFR Part 86Administrative practice and

procedure, Boats and boating, Grantprograms—recreation, Naturalresources, Recreation and recreationareas, Reporting and record keepingrequirements.

For the reasons set out in thepreamble, we amend Subchapter F ofChapter I, Title 50 of the Code ofFederal Regulations, by adding a newpart 86 to read as follows.

PART 86—BOATINGINFRASTRUCTURE GRANT (BIG)PROGRAM

Subpart A—General Information About theGrant Program

Sec.86.10 What does this regulation do?86.11 What does the national BIG Program

do?86.12 Definitions of Terms Used in Part 8686.13 What is boating infrastructure?86.14 Who may apply for these grants?86.15 How does the grant process work?86.16 What are the information collection

requirements?

Subpart B—Funding State Grant Proposals

86.20 What activities are eligible forfunding?

86.21 What activities are ineligible forfunding?

Subpart C—Public Use of the Facility

86.30 Must I allow the public to use thegrant-funded facilities?

86.31 How much money may I charge thepublic to use tie-up facilities?

Subpart D—Funding Availability

86.40 How much money is available forgrants?

86.41 How long will the money beavailable?

86.42 What are the match requirements?86.43 May someone else supply the match?86.44 What are my allowable costs?86.45 When will I receive the funds?

Subpart E—How States Apply for Grants

86.50 When must I apply?86.51 To whom must I apply?

86.52 What information must I include inmy grant proposals?

86.53 What are funding tiers?86.54 How must I submit proposals?86.55 What are my compliance

requirements with Federal laws,regulations, and policies?

Subpart F—How the Service SelectsProjects To Receive Grants

86.60 What are the criteria used to selectprojects for grants?

86.61 What process does the Service use toselect projects for grants?

86.62 What must I do after my project hasbeen selected?

86.63 May I appeal if my project is notselected?

Subpart G—How States Manage Grants

86.70 What are my requirements to acquire,install, operate, and maintain real andpersonal property?

86.71 How will I be reimbursed?86.72 Do any other Federal requirements

apply to this program?86.73 What if I do not spend all the money?86.74 What if I need more money?

Subpart H—Reporting Requirements for theStates86.80 What are my reporting requirements

for this grant program?86.81 When are the reports due?86.82 What must be in the reports?

Subpart I—State Use of Signs and SportFish Restoration Symbols86.90 What are my responsibilities for

information signs?86.91 What are my program crediting

responsibilities?86.92 Who can use the SFR logo?86.93 Where should I use the SFR logo?86.94 What crediting language should I use?

Subpart J—Service Completion of theNational Framework86.100 What is the National Framework?86.101 What is the Service schedule to

adopt the National Framework?86.102 How did the Service design the

National Framework?

Subpart K—How States Will Complete aBoat Access Needs Survey (Survey)

86.110 What does the survey do?86.111 Must I do a survey?86.112 What are the advantages of doing a

survey?86.113 What if I have recently completed a

survey?86.114 Do I need to conduct a survey if I

already have a plan for installing tie-upfacilities?

86.115 How should I administer the survey?86.116 May I change the questions in the

survey?86.117 [Reserved]86.118 What does this survey include?

Subpart L—Completing the ComprehensiveNational Assessment

86.120 What is the Comprehensive NationalAssessment?

86.121 What does the ComprehensiveNational Assessment do?



86.122 Who completes the ComprehensiveNational Assessment?

86.123 Comprehensive NationalAssessment schedule.

86.124 What are the ComprehensiveNational Assessment products?

Subpart M—How States Will Complete theState Program Plans

86.130 What does the State program plando?

86.131 Must I do a plan?86.132 What are the advantages to doing a

plan?86.133 What are the plan standards?86.134 What if I am already carrying out a

plan?86.135 [Reserved]86.136 What must be in the plan?86.137 What variables should I consider?

Authority: 16 U.S.C. 777g, 777g–1.

Subpart A—General Information Aboutthe Grant Program

§ 86.10 What does this regulation do?

In this part, the terms ‘‘I,’’ ‘‘you,’’‘‘my,’’ and ‘‘your’’ refer to the Stateagency seeking participation in thenational Boating Infrastructure Grant(BIG) Program. ‘‘We’’ and ‘‘us’’ refers tothe Fish and Wildlife Service. This partestablishes your requirements under theSportfishing and Boating Safety Act of1998 to:

(a) Participate in the national BIGProgram,

(b) Complete your boat access survey,and

(c) Develop State plans to install tie-up facilities for transient nontrailerablerecreational vessels.

§ 86.11 What does the national BIGProgram do?

This program provides funds forStates to construct, renovate, andmaintain tie-up facilities with featuresfor transient boaters in vessels 26 feet ormore in length, and to produce anddistribute information and educationalmaterials about the program.

§ 86.12 Definitions of terms used in part86.

For the purposes of this part, thefollowing terms are defined:

Construct means engaging in activitiesthat produce new capital improvementsand increase the value or usefulness ofexisting property. These activitiesinclude building new tie-up facilities orreplacing or expanding existing tie-upfacilities.

Grant means financial assistance theFederal Government awards to aneligible applicant.

Grant agreement means a contractualagreement used to obligate Federal Aidfunds for carrying out work covered byan approved grant proposal.

Maintain means engaging in activitiesthat allow the facility to continue tofunction, such as repairing docks. Theseactivities exclude routine janitorialactivities.

Navigable waters means watersconnected to or part of the jurisdictionalwaters of the United States thattransient nontrailerable recreationalvessels currently use or can use.

Nontrailerable recreational vesselsmean motorized boats 26 feet or more inlength manufactured for and operatedprimarily for pleasure, including vesselsleased, rented, or chartered to anotherperson for his or her pleasure.

Project means a specific plan ordesign.

Proposal means a description of oneor more projects for which a Staterequests grant funds.

Recreational waters means navigablewaters that vessels use for recreationalpurposes.

Renovate means to rehabilitate orrepair a tie-up facility to restore it to itsoriginal intended purpose, or to expandits purpose to allow transientnontrailerable recreational vessels.

States means individual States withinthe United States, the District ofColumbia, the Commonwealth of PuertoRico, Guam, American Samoa, theVirgin Islands, and the Commonwealthof the Northern Mariana Islands.

Survey instrument means a tooldeveloped by the Service and approvedby OMB to assess the need for boatingfacilities.

Tie-up facilities mean facilities thattransient nontrailerable recreationalvessels occupy temporarily, not toexceed 10 consecutive days; forexample, temporary shelter from astorm; a way station en route to adestination; a mooring feature forfishing; or a dock to visit a recreational,historic, cultural, natural, or scenic site.

Transient means passing through orby a place, staying 10 days or less.

Water-body means the lake, section ofriver, or specific area of the coast, suchas a harbor or cove, where tie-upfacilities or boat access sites are located.

§ 86.13 What is boating infrastructure?Boating infrastructure refers to

features that provide stopover places fortransient nontrailerable recreationalvessels to tie up. These features include,but are not limited to:

(a) Mooring buoys (permanentlyanchored floats designed to tie upnontrailerable recreational vessels);

(b) Day-docks (tie-up facilities that donot allow overnight use);

(c) Navigational aids (e.g., channelmarkers, buoys, and directionalinformation);

(d) Transient slips (slips that boaterswith nontrailerable recreational vesselsoccupy for no more than 10 consecutivedays);

(e) Safe harbors (facilities protectedfrom waves, wind, tides, ice, currents,etc., that provide a temporary safeanchorage point or harbor of refugeduring storms);

(f) Floating docks and fixed piers;(g) Floating and fixed breakwaters;(h) Dinghy docks (floating or fixed

platforms that boaters withnontrailerable recreational vessels usefor a temporary tie-up of their smallboats to reach the shore);

(i) Restrooms;(j) Retaining walls;(k) Bulkheads;(l) Dockside utilities;(m) Pumpout stations;(n) Recycling and trash receptacles;(o) Dockside electric service;(p) Dockside water supplies;(q) Dockside pay telephones;(r) Debris deflection booms; and(s) Marine fueling stations.

§ 86.14 Who may apply for these grants?

You, with authority from your StateGovernment. You must identify one keycontact only and submit proposalsthrough this person.

§ 86.15 How does the grant process work?

To ensure that grants address thehighest national priorities identified inthe Act, we make funds available on acompetitive basis. You must submityour proposals by the appropriate dateas specified in § 86.50. You mustaddress certain questions and criteria(listed in § 86.52) to be eligible andcompetitive. We will conduct a panelreview of all proposals, and the ServiceDirector will make the final grantawards. You may begin work on yourproject only after you receive a fullyexecuted grant agreement.

§ 86.16 What are the information collectionrequirements?

This part contains both routineinformation collection and surveyrequirements, as follows:

(a) The routine information collectionrequirements for grants applications andassociated record keeping contained inthis part are only those necessary tofulfill applicable requirements of 43CFR part 12. These requirementsinclude record keeping and reportingrequirements. See 43 CFR 12.4 forinformation concerning OMB approvalof those requirements.

(b) The revised information collectionrequirements related to the surveys willbe submitted to OMB for approval aschanged. They will not be imposed until



we receive OMB approval under theprovisions of 44 U.S.C. 3501 et seq. Thesurveys are voluntary and are for States

to determine the adequacy, number,location, and quality of facilities thatprovide public access for all sizes of

recreational boats. The public’s burdenestimate for the survey is as follows:

Type of information Number ofrespondents*

Average timerequired per

response(minutes)

Annual burdenhours

Boat owners: Part A .................................................................................................................... 11,200 12 2,240Boat owners: Part B .................................................................................................................... 28,000 12 5,600Boat Service Providers: Part C ................................................................................................... 8,400 20 2,800Boat Service Providers: Part D ................................................................................................... 4,000 20 1,333

* These numbers are not additive since some boaters will fill out both Parts A and B, and most of the providers will fill out both Parts C and D.

(c) Send comments regarding thiscollection of information to the ServiceInformation Collection ClearanceOfficer, MS—222 ARLSQ, Fish andWildlife Service, Washington, DC20240, and the Office of Managementand Budget, Department of Interior,Desk Officer, 1849 C Street, NW.,Washington, DC 20503. An Agency maynot conduct or sponsor, and a person isnot required to respond to, a collectionof information unless it displays acurrently valid OMB control number.OMB has up to 60 days to approve ordisapprove the information collectionbut may respond after 30 days.Therefore, to ensure maximumconsideration, you must send yourcomments to OMB by the abovereferenced date.

Subpart B—Funding State GrantProposals

§ 86.20 What activities are eligible forfunding?

Your project is eligible for funding ifyou propose to:

(a) Construct, renovate, and maintaineither publicly or privately ownedboating infrastructure tie-up facilities.To be eligible you must:

(1) Build these tie-up facilities onnavigable waters, available to thepublic. You must design newconstruction and renovations to last atleast 20 years;

(2) Design these tie-up facilities fortemporary use for transientnontrailerable recreational vessels;

(3) Build these tie-up facilities inwater deep enough for nontrailerablerecreational vessels to navigate (aminimum of 6 feet of depth at thelowest tide or other measure of lowestfluctuation);

(4) Provide security, safety, andservice for these boats; and,

(5) Install a pumpout station, if youconstruct a facility for overnight stays:

(i) If there is already a pumpoutwithin a reasonable distance (generallywithin 2 miles) of the facility, you maynot need one;

(ii) For facilities intended as daystops, we encourage you to install apumpout; and,

(iii) You may use funds from the BIGprogram, or the Clean Vessel Actpumpout grant program alsoadministered by us, to pay for apumpout station.

(b) Do one-time dredging only, to givetransient vessels safe channel depthsbetween the tie-up facility andmaintained channels or open water.

(c) Install navigational aids, limited togiving transient vessels safe passagebetween the tie-up facility andmaintained channels or open water.

(d) Apply funds to grantadministration.

(e) Fund preliminary costs:(1) Preliminary costs may include any

of the following activities completedbefore signing a grant agreement:

(i) Conducting appraisals;(ii) Administering environmental

reviews and permitting;(iii) Conducting technical feasibility

studies, for example, studies aboutenvironmental, economic, andconstruction engineering concerns;

(iv) Carrying out site surveys andengaging in site planning;

(v) Preparing cost estimates; and(vi) Preparing working drawings,

construction plans, and specifications.(2) We will fund preliminary costs

only if we approve the project.(3) If the project is approved, the

appropriate Service Regional Directormust still approve preliminary costs.

(f) Produce information and educationmaterials such as charts, cruisingguides, and brochures.

§ 86.21 What activities are ineligible forfunding?

Your project is ineligible for fundingif you propose to:

(a) Complete a project that does notprovide public benefits, for instance, aproject that is not open to the public foruse;

(b) Involve law enforcement activities;(c) Significantly degrade or destroy

valuable natural resources or alter thecultural or historic nature of the area;

(d) Construct or renovate principalstructures not expected to last at least 20years;

(e) Do maintenance dredging;(f) Fund operations or routine,

custodial, and janitorial maintenance ofthe facility;

(g) Construct, renovate, or maintainboating infrastructure tie-up facilitiesfor nontrailerable vessels, for examplethe following:

(1) Tie-up slips available foroccupancy for more than 10 consecutivedays by a single party;

(2) Dryland storage;(3) Haul-out features; and(4) Boating features for trailerable or

‘‘car-top’’ boats (boats less than 26 feetin length), such as launch ramps andcarry-down walkways.

(h) Develop a State program plan toconstruct, renovate, and maintainboating infrastructure tie-up facilities;and

(i) Conduct surveys to determineboating access needs.

(1) You may conduct the survey withfunds allocated to motorboat access torecreational waters under subsection(b)(1) of section 8 of the Federal Aid inSport Fish Restoration Act of 1950, asamended (16 U.S.C. 777).

(2) You may combine surveys underone contractor where feasible if you canrealize a cost or other savings.

Subpart C—Public Use of the Facility

§ 86.30 Must I allow the public to use thegrant-funded facilities?

(a) You must allow reasonable accessto all recreational vessels for the usefullife of the tie-up facilities. Accessible tothe public means located where thepublic can reasonably reach the facilityand where all boats typical to thatfacility can easily use it, chargingequitable fees, and being open forreasonable periods. You must allowpublic access to the shore and basicfeatures such as fuel and restrooms infacilities that have them. You mustspecify precise details of the publicaccess in the contract with the facility



manager. We do not require publicaccess to the remainder of a park ormarina where the facility is found. Nordo we require any restrictions in thatpark or marina.

(b) You must comply with Americanswith Disabilities Act requirements whenyou construct or renovate all tie-upfacilities under this grant.

§ 86.31 How much money may I charge thepublic to use tie-up facilities?

You may charge the public only areasonable fee, based on the prevailingrate in the area. You must determine afee that does not pose an unreasonable,competitive amount, based on otherpublicly and privately owned tie-upfacilities in the area. You must approveany proposed changes in fee structureby a sub-grantee.

Subpart D—Funding Availability

§ 86.40 How much money is available forgrants?

There is $32 million available forgrants under the BIG program ($8million per year for fiscal years 2000–2003).

§ 86.41 How long will the money beavailable?

Under the Act, funding for the BIGprogram is provided for FY 2000–2003.

Each year’s funds remain available forobligation for a total of three fiscal years(e.g. FY 2000 funds will remainavailable through FY 2002) (16 U.S.C.777c(b)(3)(B)).

§ 86.42 What are the match requirements?The Act authorizes the Secretary of

the Interior (through the Director of theU.S. Fish and Wildlife Service (Service))to award grants to States to pay up to75 percent of the cost to construct,renovate, or maintain tie-up facilities fortransient nontrailerable recreationalvessels. You or a partner must pay theremaining project cost—at least a 25percent match is required. Title 43 CFR12.64 applies to cost sharing ormatching requirements for Federalgrants.

§ 86.43 May someone else supply thematch?

Third-party contribution, includingproperty and in-kind services, isallowable, but must be necessary andreasonable to accomplish grantobjectives. In-kind contributions mustalso represent the current market valueof noncash contributions that the thirdparty furnishes as part of the grant.

§ 86.44 What are my allowable costs?(a) The State may spend grant funds

to pay only costs that are necessary and

reasonable to accomplish the approvedgrant objectives. Grant costs must meetthe applicable Federal cost principles in43 CFR 12.62. You may purchaseinformational and program signs asallowable costs.

(b) If you include purposes other thanthose eligible under the Act, you mustprorate the costs equitably according toFederal cost principles in 43 CFR 12.62and 50 CFR 80.15.

§ 86.45 When will I receive the funds?

Once you sign the grant agreement,we will make the funds available.

Subpart E—How States Apply forGrants

§ 86.50 When must I apply?

(a) We will accept proposals betweenFebruary 20, 2001, and May 18, 2001,for the first grant cycle; between July 1,2001, and September 30, 2001, for thesecond grant cycle; and between July 1,2002, and September 30, 2002, for thethird grant cycle. This program startsfiscal year 2000 and ends fiscal year2003. We will have $16 million toaward the first grant cycle, and $8million each cycle after that.

(b) The annual schedule follows:

Action FY 2000–2001 FY 2002 FY 2003

We announce the beginning of thegrant cycle.

February 20, 2001 ........................ July 1, 2001 .................................. July 1, 2002.

You submit your grant proposal by May 18, 2001 ................................ September 30, 2001 ..................... September 30, 2002.Regions submit the proposals to

Washington by.June 18, 2001 ............................... October 31, 2001 .......................... October 31, 2002.

We rank the proposals by .............. July 17, 2001 ................................ November 30, 2001 ...................... November 30, 2002.The Director approves proposals

by.August 16, 2001 ........................... December 31, 2001 ...................... December 31, 2002.

Regions finalize their grant agree-ments by.

October 15, 2001 .......................... February 28, 2002 ........................ February 28, 2003.

§ 86.51 To whom must I apply?

You must submit your proposals tothe appropriate regional office of the

U.S. Fish and Wildlife Service. See thechart below for the address you willneed.

Region State Address Telephone

1 .................... California, Hawaii, Idaho, Nevada, Oregon,Washington, American Samoa, Com-monwealth of the Northern Mariana Is-lands, and Guam.

Division of Federal Aid, U.S. Fish & WildlifeService, Eastside Federal Complex, 911NE 11th Avenue, Portland, OR 97232–4181.

503–231–6128, Fax: 503–231–6996

2 .................... Arizona, New Mexico, Oklahoma, andTexas.

Division of Federal Aid, U.S. Fish & WildlifeService, P.O. Box 1306, 625 Silver, SW,Suite 325, Albuquerque, NM 87102.

505–248–7450, Fax: 505–248–7471

3 .................... Illinois, Indiana, Iowa, Michigan, Minnesota,Missouri, Ohio, and Wisconsin.

Division of Federal Aid, U.S. Fish & WildlifeService, Bishop Henry Whipple FederalBuilding, 1 Federal Drive, Fort Snelling,MN 55111–4056.

612–713–5130, Fax: 612–713–5290

4 .................... Alabama, Arkansas, Florida, Georgia, Ken-tucky, Louisiana, Mississippi, North Caro-lina, South Carolina, Tennessee, PuertoRico, and the Virgin Islands.

Division of Federal Aid, U.S. Fish & WildlifeService, 1875 Century Boulevard, Suite324, Atlanta, Georgia 30345.

404–679–4159, Fax: 404–679–4160



Region State Address Telephone

5 .................... Connecticut, Delaware, District of Colum-bia, Maine, Maryland, Massachusetts,New Hampshire, New Jersey, New York,Pennsylvania, Rhode Island, Vermont,Virginia, and West Virginia.

Division of Federal Aid, U.S. Fish & WildlifeService, 300 Westgate Center Drive,Hadley, MA 01035–9589.

413–253–8200, Fax: 413–253–8487

6 .................... Colorado, Kansas, Montana, Nebraska,North Dakota, South Dakota, Utah, andWyoming.

Division of Federal Aid, U.S. Fish & WildlifeService, Denver Federal Center, P.O.Box 25486, Lake Plaza North Building,134 Union Boulevard, 4th Floor, Denver,Colorado 80225.

303–236–7392, Fax: 303–236–8192

7 .................... Alaska .......................................................... Division of Federal Aid, U.S. Fish & WildlifeService, 1011 East Tudor Road, Anchor-age, Alaska 99503.

907–786–3435, Fax: 907–786–3575

§ 86.52 What information must I include inmy grant proposals?

You must submit the followingstandard forms and narrative for allprojects (Tier One and Tier Two) (see§ 86.53):

(a) Standard Form 424 series asprescribed by the Office of Managementand Budget. The SF 424 series consistsof the Applications for FederalAssistance (SF 424), BudgetInformation—Non-ConstructionPrograms (SF 424A), Assurances—Non-Construction Programs (SF 424B),Budget Information—ConstructionPrograms (SF 424C), and Assurances—Construction Programs (SF 424D).Submit forms appropriate for eitherconstruction or nonconstructionprojects. Forms are available from yourappropriate Service Regional Office.

(b) Information requested under OMBCircular A–102 (Application Booklet forFederal Aid Grants—pending approvalunder the Paperwork Reduction Act).

§ 86.53 What are funding tiers?

(a) This grant program will consist oftwo tiers of funding.

(i) You may apply for one or bothtiers.

(ii) The two tiers will allow all Statessome certainty of base level funding.

(b) Tier One funding will ensurebroad geographical distribution to meetthe needs of transient nontrailerablerecreational vessels.

(c) Tier Two funding will allow Stateswith large projects to compete withother States with large projects based onindividual project merits.

(d) We describe the two tiers asfollows:

(1) Tier One Projects.(i) You may submit a proposal with an

unlimited number of projects withinthis tier. However, your total requestcannot exceed $100,000 of Federalfunds for any given fiscal year.

(ii) Tier One projects must meet theeligibility requirements in §§ 86.14 and86.20.

(2) Tier Two Projects.(i) While we expect available funds

for Tier Two proposals to be between $3million and $4 million per grant cycle,we have no dollar limit for Tier Twoproposals. You may submit any numberof projects, which we will score andrank separately according to the criteriain § 86.60.

(ii) Each project will competenationally against every other project inTier Two.

(iii) Tier Two projects must also meetthe eligibility requirements in §§ 86.14and 86.20.

§ 86.54 How must I submit proposals?(a) You may apply for either Tier One

funding or Tier Two funding or both.(b) You may submit more than one

project proposal within Tier One andTier Two.

(c) You may submit one proposal thatincludes Tier One and Tier Twoprojects.

(d) If your proposal includes Tier Oneand Tier Two projects, you mustdescribe Tier One projects separatelyfrom Tier Two projects.

(e) You must describe each project inTier Two separately, so that the Servicecan rank and score each project in TierTwo separately.

(f) For the first grant cycle, whichincludes fiscal years 2000 and 2001, aState may submit one Tier One proposalnot to exceed $100,000 per fiscal year.States should submit proposals betweenFebruary 20, 2001, and May 18, 2001.We will fund one Tier One proposal perState for each fiscal year provided thateach proposal meets the eligibilityrequirements in §§ 86.14 and 86.20.Fiscal year 2000 funds are availableonly for Tier One proposals. Tier Oneproposals need not meet the criteria in§ 86.60. We will fund Tier Two

proposals received between February20, 2001, and May 18, 2001, that meetthe criteria in §§ 86.14, 86.20, and 86.60with fiscal year 2001 funds and theremainder of fiscal year 2000 funds.

(g) For the remaining grant cycles, youmay submit only one proposal of TierOne projects per fiscal year.

(h) When we approve projects, theappropriate Service Regional Office willdetermine how many grant agreementsare necessary.

§ 86.55 What are my compliancerequirements with Federal laws,regulations, and policies?

(a) To receive Federal funds, you mustagree to and certify compliance with allapplicable Federal laws, regulations,and policies. You must submit anAssurance Statement, as described in 43CFR part 12.51(c), that describes howyou comply with Federal grantrequirements; and

(b) You may have to provideadditional documentation to complywith environmental and other laws, asdefined in Fish and Wildlife ServiceManual 523 FW 1 (available on theinternet at http://www.fws.gov/directives/523fw1.html). The ServiceRegional Office Grant Administratormay request preliminary evidence at thegrant proposal stage that the proposedproject will meet these compliancerequirements. Consult with theappropriate Service Regional Office forspecific applicability.

Subpart F—How the Service SelectsProjects To Receive Grants

§ 86.60 What are the criteria used to selectprojects for grants?

(a) We will rank all Tier Twoproposals according to the criteria inparagraph (b) of this section and theattached chart, which sets forth pointswe will ascribe for various factors.

(b) We will consider proposals that:



(1) Plan to construct, renovate, and maintain tie-up facilities for transient nontrailerable recreational vessels following prior-ities identified in your State’s program plan (see Subpart M for State program plan information) that the Secretary of theInterior has approved under section 7404(c) of the Sportfishing and Boating Safety Act.

15 points.

(2) Provide for public/private and public/public partnership efforts to develop, renovate, and maintain tie-up facilities.These partners must be other than the Service and lead State agency:

(i) One partner ............................................................................................................................................................................... 5 points.(ii) Two partners ............................................................................................................................................................................ 10 points.(iii) Three or more partners ........................................................................................................................................................... 15 points.

(3) Use innovative techniques to increase the availability of tie-up facilities for transient nontrailerable recreational vessels(includes education/information).

0–15 points.

(4) Include private, local, or other State funds in addition to the non-Federal match, described in § 86.42:(i) Twenty-six percent to thirty-five percent ................................................................................................................................ 5 points.(ii) Between thirty-six and forty-nine percent ............................................................................................................................. 10 points.(iii) Fifty percent and above .......................................................................................................................................................... 15 points.

(5) Are cost efficient. Proposals are cost efficient when the tie-up facility or access site’s features add a high value comparedwith the funds from the proposal, for example, where you construct a small feature such as a transient mooring dockwithin an existing harbor that adds high value and opportunity to existing features (restrooms, utilities, etc.). A proposalthat requires installing all of the above features would add less value for the cost.

0–10 points.

(6) Provide a significant link to prominent destination way points such as those near metropolitan population centers, cul-tural or natural areas, or that provide safe harbors from storms.

10 points.

(7) Provide access to recreational, historic, cultural, natural, or scenic opportunities of national, regional, or local signifi-cance. Projects that provide access to opportunities of national, regional, or local significance receive 5 points for each, fora maximum of 15 points

(8) Provide significant positive economic impacts to a community. For example, a project that costs $100,000 and attracts anumber of boaters who altogether spend $1 million a year in the community.

1–5 points.

(9) Include multi-State efforts that result in coordinating location of tie-up facilities .................................................................... 5 points.(10) Total possible points ..................................................................................................................................................................... 105 points.

Criteria Points

(1) Construct Tie-up Facilities 15(2) Provide Partnership Efforts 5–15(3) Use Innovative Techniques 0–15(4) Include Other Funding

Sources ............................... 5–15(5) Are Cost Efficient .............. 0–10(6) Provide Way Point Linkage 10(7) Provide Access To Oppor-

tunities ................................. 5–15(8) Provide Significant Eco-

nomic Impacts ..................... 1–5(9) Include Multi-State Efforts 5(10) Total Possible Points ...... 105

§ 86.61 What process does the Service useto select projects for grants?

The Service’s Division of Federal Aidconvenes a panel of professional staff toreview, rank, and recommend fundingto the Service Director. This panel willinclude representatives from theService’s Washington, DC, and RegionalOffices. The Director may convene anadvisory panel of nongovernmentalorganizations to advise and makerecommendations to the Federal panel.The Service Director will select projectsfor grants by August 16, 2001, August10, 2001, and August 10, 2002, for thethree grant cycles.

§ 86.62 What must I do after my projecthas been selected?

After we approve your award, we willnotify you to work with the appropriateService Regional Office to fulfill thegrant documentation requirements andfinalize the grant agreement.

§ 86.63 May I appeal if my project is notselected?

If you have a difference of opinionover the eligibility of proposed activitiesor differences arising over the conductof work, you may appeal to the Director.Final determination rests with theSecretary of the Interior (50 CFR 80.7).

Subpart G—How States ManageGrants

§ 86.70 What are my requirements toacquire, install, operate, and maintain realand personal property?

(a) You will find applicableregulations for this subject in 43 CFR12.71 and 12.72. If you have questionsabout applicability, contact theappropriate Service Regional Office.

(b) You must ensure that the designand installation of tie-up facilitiesprovide for substantial structures thatwill have a significant longevity, at least20 years.

(c) You must ensure that you operate,maintain, and use the tie-up facilitiesand features for the stated grantpurpose. You must obtain prior writtenapproval from the appropriate ServiceRegional Director before you canconvert these tie-up facilities to otheruses.

§ 86.71 How will I be reimbursed?For details on how we will pay you,

refer to 43 CFR 12.61.

§ 86.72 Do any other Federal requirementsapply to this program?

For administrative requirements notcovered under these specific guidelines,check 43 CFR 12, which generallyapplies to all Federal grant programs.

§ 86.73 What if I do not spend all themoney?

Funds not obligated or expended after3 fiscal years from the date of the awardrevert to the Secretary of Transportationfor use in State recreational boatingsafety programs. (16 U.S.C.777c(b)(3)(B), 16 U.S.C. 777c(b)(4))

§ 86.74 What if I need more money?Funds for grants are available only on

a competitive basis. Therefore, if youneed more money, you must compete inthe next grant cycle.

Subpart H—Reporting Requirementsfor the States

§ 86.80 What are my reportingrequirements for this grant program?

(a) For all projects, you must submitto the appropriate Service RegionalOffice an annual report and a finalperformance report and otherwisecomply with 43 CFR 12.80.

(b) For Tier Two projects, you mustsubmit quarterly reports according to 43CFR 12.80.

§ 86.81 When are the reports due?Reports are due as follows:(a) Annual reports are due 90 days

after the grant year ends;(b) The final performance report is

due 90 days after the expiration ortermination of grant support;

(c) Tier Two quarterly reports are dueJanuary 31, April 30, July 31, andOctober 31 unless specified otherwise inthe grant agreement; and

(d) The State must report certifiedpercentage of completion data and othersignificant developments in accordance



with the grant agreement or 43 CFR12.80.

§ 86.82 What must be in the reports?The reports must include the

following:(a) You must identify the actual

accomplishments compared to theobjectives established for the period;

(b) You must identify the reasons forany slippage if established objectiveswere not met; and

(c) You must identify any additionalpertinent information including, whenappropriate, analysis and explanation ofcost overruns or high unit costs.

Subpart I—State Use of Signs andSport Fish Restoration Symbols

§ 86.90 What are my responsibilities forinformation signs?

You should install appropriateinformation signs at boatinginfrastructure tie-up facilities. Youshould ensure that this information isclearly visible, directing boaters to thefacility. Information should show fees,restrictions, hours of operation, acontact name, and telephone number toreport an inoperable facility.

§ 86.91 What are my program creditingresponsibilities?

You should give public credit to theFederal Aid in Sport Fish Restoration(SFR) program as the source of fundingfor the BIG Program. You shouldrecognize this program by using the SFRlogo. You are encouraged to use thecrediting logo identified in § 80.26 ofthis chapter to identify national BIGProgram projects.

§ 86.92 Who can use the SFR logo?The States may use the SFR logo and

should encourage others to display it.Other people or organizations may usethe logo for purposes related to thenational BIG Program as authorized in§ 80.26 of this chapter.

§ 86.93 Where should I use the SFR logo?You should display the logo on tie-up

facilities that you construct, acquire,develop, or maintain under these grants.You should also use the logo on printedmaterial or other visual representationsthat relate to project accomplishmentsor education/information. Refer to§ 85.47 of this chapter for logo colors.

§ 86.94 What crediting language should Iuse?

Suggested examples of language touse when crediting the national BIGProgram follow:

(a) Example 1: The Federal Aid inSport Fish Restoration Program fundedthis facility thanks to your purchase offishing equipment and motorboat fuels.

(b) Example 2: The Federal Aid inSport Fish Restoration Program isfunding this construction thanks to yourpurchase of fishing equipment andmotorboat fuels. And,

(c) Example 3: The Federal Aid inSport Fish Restoration Program fundedthis (pamphlet) thanks to your purchaseof fishing equipment and motorboatfuels.

Subpart J—Service Completion of theNational Framework

§ 86.100 What is the National Framework?

The National Framework is thesurvey, required by the Act, you mustuse to determine boating access needs inyour State. Through a State survey, youmust conduct a boating access needsassessment or data collection todetermine the adequacy, number,location, and quality of tie-up facilitiesand boat access sites providing access torecreational waters for all sizes ofrecreational boats.

§ 86.101 What is the Service schedule toadopt the National Framework?

The Secretary of the Interior adoptedthe National Framework on September28, 2000 via a notice in the FederalRegister (Volume 65, Number 189, Page58284).

§ 86.102 How did the Service design theNational Framework?

The Framework divides the surveyinto two components: boater survey,and boat access provider survey.

(a) The purpose of the boater surveycomponent is to identify boat userpreferences and concerns for existingand needed access available to thepublic.

(1) The nontrailerable boat data setwill fulfill informational needs for youto develop your State program plans ascalled for in the Act.

(2) The boater survey will surveyregistered boat owners in your State fortwo types of boats:

(i) Part A—for nontrailerablerecreational vessels.

(ii) Part B—for trailerable and ‘‘car-top’’ boats (less than 26 feet long).

(b) The purpose of the boat accessprovider component is to identify boataccess providers’ ideas about currentand needed facility and site locationsand perceptions of boat user preferencesand concerns regarding access. Wedeveloped these questions to guideinterviews of boat access facility andsite managers.

(1) The nontrailerable boat data setwill fulfill the informational needs foryou to develop your State plans ascalled for in the Act.

(2) The boat access provider surveywill survey facility providers in yourState for two types of boats:

(i) Part C—a survey to all providers inyour State who allow public access,including State agency and non-Stateentities (Federal and local governmententities, corporate and private/commercial providers), and operate tie-up facilities for nontrailerablerecreational vessels.

(ii) Part D—a survey to all providersin your State who allow public accessand operate boat access sites for boatsless than 26 feet long.

Subpart K—How States Will CompleteAccess Needs Surveys

§ 86.110 What does the State survey do?

The State survey determines thestatus of boating access facilities for allrecreational boats in your State and yourfuture boater access needs.

§ 86.111 Must I do a survey?

The Act does not require surveys.They are voluntary. However, if you doa survey, you must complete itfollowing the National Framework toreceive funds. You must transmit theresults to the Service Regional Offices ina common electronic format, such asMicrosoft Word, Word Perfect, Excel orQuattro Pro.

§ 86.112 What are the advantages of doinga survey?

Surveys provide the informationnecessary to fully understand the needsof boaters in your State. Surveys allowyou to develop a meaningful plan toprovide better access to boaters. Usesurveys to complete the plan.

§ 86.113 What if I have recently completeda boat access survey?

If the recent survey substantiallyanswers the provisions in § 86.118, theappropriate Service Regional Office willdetermine if it is sufficient to meet theneeds of the program. If the RegionalOffice determines that the survey is notsufficient, you must complete thatportion(s) or an entire new survey toreceive credit for completing a recentsurvey.

§ 86.114 Do I need to conduct a survey ifI already have a plan for installing tie-upfacilities?

You need not conduct the survey ifthe appropriate Secretary of the Interiorcertifies that you have developed andare carrying out a State program plan, asdescribed in Subpart M of this chapter,that ensures that public boat accessexists and is adequate to meet the needsof recreational boaters on your waters.



§ 86.115 How should I administer thesurvey?

Use a consultant or universityspecializing in administration of suchsurveys. Use sample sizes large enoughto achieve statistical accuracy so theestimate is within plus or minus 10percent of the true number.

(a) You may use a telephone, mail, orother type of survey for a samplepopulation of boaters within the State.Costs for telephone and mail surveys areroughly similar. However, responserates for mail surveys are generallylower.

(b) For boat access providers, weprefer that you survey all State agencyand non-State providers, but you maysurvey a sample population.

(c) You may develop your ownmethodology to collect data, which mayinclude telephone, mail, fax, or otherinventory means. We do not expect youto use automated, electronic,mechanical, or similar means ofinformation collection.

(d) Data collected are unique to eachrespondent. Data collection should usestandard survey method criteria togather information from eachrespondent.

§ 86.116 May I change the questions in thesurvey?

You must not change the questionsbecause we need information that iscomparable nationwide. We havedeveloped a survey instrument forcompleting the surveys. We are seekingapproval from OMB on the surveyquestions and the OMB approval doesnot extend to additional questions.

§ 86.117 Reserved for survey approvalschedule.

§ 86.118 What does this survey instrumentinclude?

(a) We divided this survey into fourparts. Part A being for transientnontrailerable boat owners. Part B is fortrailerable or ‘‘car-top’’ boat owners.Part C is for State agency and non-Stateproviders of facilities for nontrailerablerecreational vessels in the State. Part Dis for State and non-State providers ofaccess sites for trailerable or ‘‘car-top’’boats.

(b) Follow these instructions tocomplete Part A—BOAT OWNERSURVEY FOR TIE-UP FACILITIES FORNONTRAILERABLE RECREATIONALVESSELS:

(1) If the boater owns a nontrailerablerecreational vessel, ask the boater to fillout Part A;

(2) If the boater owns more than oneboat 26 feet or more in length, ask theboater to provide information for theboat he or she uses most often;

(3) If the boater owns at least one boatmore than and at least one boat less than26 feet in length, ask the boater to fillout both Parts A and B; and,

(4) You should use a sample size largeenough to achieve statistical accuracy sothe estimate is within 10 percent of thetrue number.

(c) Follow these instructions tocomplete Part B—BOAT OWNERSURVEY FOR TRAILERABLE OR‘‘CAR-TOP’’ BOAT ACCESS SITES:

(1) If the boater owns a boat less than26 feet long, ask the boater to fill outPart B;

(2) If the boater owns more than oneboat less than 26 feet long, ask theboater to provide information for theboat he or she uses most;

(3) If the boater owns at least one boatmore than and at least one boat less than26 feet in length, ask the boater tocomplete both Parts A and B; and,

(4) You should use a sample size largeenough to achieve statistical accuracy sothe estimate is within 10 percent of thetrue number.

(d) Parts C and D are surveys forproviders of tie-up facilities and boataccess sites. Part C is for State agencyand non-State providers of facilities fornontrailerable recreational vessels in theState. Part D is for State and non-Stateproviders of boat access sites for boatsless than 26 feet in length.

(e) Follow these instructions tocomplete Part C—STATE AGENCYAND NON-STATE PROVIDER SURVEYFOR TIE-UP FACILITIES:

(1) Ask State agency and non-Stateproviders of tie-up facilities fornontrailerable recreational vessels to fillout Part C.

(2) If more than one State agencymanages these facilities, send thissurvey to all of those agencies.

(3) If the State agency or non-Stateprovider awards grants to others whoprovide facilities, ask these grantees torespond for these facilities instead of theState agency or non-State provider.

(4) If a State agency or non-Stateprovider operates facilities and sites forboth nontrailerable and trailerable boats,ask the provider to fill out both Parts Cand D.

(5) Ask State agency and non-Stateproviders to identify all tie-up facilities.

(6) For all questions, if you needadditional space, make copies of theappropriate page.

(f) Follow these instructions tocomplete Part D—STATE AGENCYAND NON-STATE PROVIDER SURVEYFOR TRAILERABLE BOAT ACCESSSITES:

(1) Ask State agency and non-Stateproviders of access sites for boats lessthan 26 feet long to fill out Part D.

(2) Non-State providers include theFederal Government, local government,corporations, private owners, andothers.

(3) If more than one State agencymanages these sites, send this survey toall of them.

(4) If the State agency or non-Stateprovider awards grants to others whoprovide sites, ask these grantees torespond for these sites instead of theState agency or non-State provider.

(5) If a State agency or non-Stateprovider operates facilities and sites forboth nontrailerable and trailerable boats,ask the provider to fill out both Parts Cand D.

(6) We prefer that the State agency ornon-State provider identify all boataccess sites and water-bodies, but if heor she has many sites and water-bodies,the provider may group the informationtogether rather than identify each siteindividually.

(7) For all questions, if you needadditional space, make copies of theappropriate page.

Subpart L—Completing theComprehensive National Assessment

§ 86.120 What is the ComprehensiveNational Assessment?

The Comprehensive NationalAssessment is a national reportintegrating the results of State boataccess needs and facility surveys.

§ 86.121 What does the ComprehensiveNational Assessment do?

The Comprehensive NationalAssessment determines nationwide theadequacy, number, location, and qualityof public tie-up facilities and boataccess sites for all sizes of recreationalboats.

§ 86.122 Who completes theComprehensive National Assessment?

The Service completes theAssessment. We will develop standardsin consultation with the States.

§ 86.123 Comprehensive NationalAssessment schedule.

Using the results from the Statesurveys, the Service will compile theresults and produce the ComprehensiveNational Assessment by September 30,2003.

§ 86.124 What are the ComprehensiveNational Assessment products?

The Comprehensive NationalAssessment products are:

(a) A single report, including thefollowing information:

(1) A national summary of all theinformation gathered in the Statesurveys.



(2) A table of States showing theresults of the information gathered.

(3) One-page individual Statesummaries of the information.

(4) Appendices that include thesurvey questions, and names, addresses,and telephone numbers of Statecontacts.

(5) An introduction, background,methodology, results, and findings.

(6) Information on the following:(i) Boater trends, such as what types

of boats they own, where they boat, andhow often they boat.

(ii) Boater needs, such as wherefacilities and sites are now found, whereboaters need new facilities and boataccess sites, and what changes offeatures boaters need at these facilitiesand sites. And

(iii) Condition of facilities.(b) Summary report abstracting

important information from the finalnational report. And

(c) A key findings fact sheet suitablefor widespread distribution.

Subpart M—How States Will Completethe State Program Plans

§ 86.130 What does the State program plando?

The State program plan identifies theconstruction, renovation, andmaintenance of tie-up facilities neededto meet nontrailerable recreationalvessel user needs in the State.

§ 86.131 Must I do a plan?

The Act does not require plans. Plansare voluntary. However, if you do aplan, you must complete it followingthese regulations.

§ 86.132 What are the advantages to doinga plan?

Plans provide the informationnecessary to fully understand the needsof boaters operating nontrailerablerecreational vessels in your State. Theplan will make you more competitivewhen you submit grants under thisprogram. We will give you 15 points forhaving an approved plan.

§ 86.133 What are the plan standards?

You must base State program plans ona recent, completed survey followingthe National Framework.

§ 86.134 What if I am already carrying outa plan?

You need not develop a program planif we certify that you have developedand are carrying out a plan that ensurespublic boat access is and will beadequate to meet the needs ofrecreational boaters on your waters.

§ 86.135 Reserved for plan approvalschedule.

§ 86.136 What must be in the plan?

The plan must:(a) Identify current boat use and

patterns of use.

(b) Identify current tie-up facilitiesand features open to the public andtheir condition.

(c) Identify boat access user needs andpreferences and their desired locations.Include repair, replacement, andexpansion needs and new tie-upfacilities and features needed.

(d) Identify factors that inhibit boatingin specific areas, such as lack offacilities, or conditions attached thatinhibit full use of facilities. Identifystrategies to overcome these problems.

(e) Include information about thelongevity of current tie-up facilities.

§ 86.137 What variables should I consider?

You should consider the followingvariables:

(a) Location of population centers,(b) Boat-based recreation demand,(c) Cost of development,(d) Local support and commitment to

maintenance,(e) Water-body size,(f) Nature of the fishery and other

resources,(g) Geographic distribution of existing

tie-up facilities,(h) How to balance the need for new

tie-up facilities with the cost tomaintain and improve existing facilities.

Dated: December 8, 2000.Kenneth L. Smith,Acting Assistant Secretary for Fish andWildlife and Parks.[FR Doc. 01–951 Filed 1–17–01; 8:45 am]BILLING CODE 4310–55–P


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