2000 Federal Register, 3331; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: January 20, 2000 (Volume 65, Number 13)]
[Proposed Rules]
[Page 3331-3366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja00-27]

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Part III

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 86

National Boating Infrastructure Grant Program; Proposed Rule

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 86

RIN 1018-AF38

National Boating Infrastructure Grant Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and information collection.

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SUMMARY: This proposed regulation provides for the uniform
administration of the National Boating Infrastructure Grant Program and
survey authorized by section 7404 of the Sportfishing and Boating
Safety Act of 1998. The Program will fund States to install or upgrade
transient tie-up facilities for recreational boats 26 feet or more in
length. This proposed regulation also contains the proposed information
collection the U.S. Fish and Wildlife Service (referred to as ``we'' or
``us'' from now on) must submit to the Office of Management and Budget
(OMB) for approval under the Paperwork Reduction Act.

DATES: The public must submit comments on or before March 20, 2000 to
comment on the grant program.
For the information collection requirements, all comments are due
on or before February 22, 2000.
We will accept proposals between May 30, 2000, and November 3,
2000, for the first grant cycle; subsequent grant cycles are announced
later in this document.

ADDRESSES: If you wish to comment, you may submit your comments by
mail, via fax, or via Email.
1. Submitting comments on the grant program: Mail: Please mail
comments on the proposed regulation to Ms. Iesha Fields, Division of
Federal Aid, Fish and Wildlife Service, U.S. Department of the
Interior, Room 140, 4401 North Fairfax Drive, Arlington, Virginia
22203, or you may hand-deliver comments to the address above. Fax: You
may fax comments to: Iesha Fields, Division of Federal Aid, (703) 358-
1837. Email: Please submit Email comments to (iesha__fields@fws.gov) as
an ASCII file to avoid the use of special characters and any form of
encryption. Please also include the following: ``Attention: 1018-AF38''
and your name and return address in your Email message. If you do not
receive a confirmation from the system that we have received your Email
message, contact us directly at (703) 358-2435.
2. Submitting comments on the information collection requirements:
Mail: The public must make comments and suggestions directly to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, 725 17th Street, NW, Washington, DC 20503. Please also send a
copy of your suggestions to the Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, Room 222, 4401 North Fairfax
Drive, Arlington, Virginia 22203. You may hand-deliver your comments to
these same addresses.

FOR FURTHER INFORMATION CONTACT: Iesha Fields, Division of Federal
Aid, telephone (703) 358-2435; fax (703) 358-1837; email
(iesha__fields@fws.gov).

SUPPLEMENTARY INFORMATION:

Background

What is the economic status of boating in the United States?

Historically, coastal and inland waterways were the first
``highways'' along our shores and into the interior of the continent.
In the past, Americans used boats almost exclusively for transportation
of people and goods. Americans today use more than 12 million
recreational boats to cruise and go fishing. Recreational boating is
now a significant economic activity in many areas of the country and in
many respects exceeds that of waterborne commerce. Given the present
demographic forces, we expect a positive economic impact by adding
facilities to accommodate larger cruising boats.

Why did Congress enact the Boating Infrastructure grant program?

Recreational boats 26 feet or more in length, called `non-
trailerable' boats, represent about 4 percent, or more than 600,000, of
the recreational boats in the United States. Although we have
approximately 12,000 marinas in the United States, Congress recognized
that we have insufficient tie-up facilities for transient boats 26 feet
or more in length for reasonable and convenient access from our
navigable waters. These boaters are unable to enjoy many recreational,
cultural, historic, scenic, and natural resources of the United States.
We also have no marinas or commercial tie-up facilities along extended
stretches of our coastlines and rivers. In many parts of the 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 nonexistent.

What does the Boating Infrastructure Grant Program entail?

The Program provides $32 million to States and Territories over
four years to install transient tie-up facilities for recreational
boats 26 feet or more in length. The Program also allows funding for
completing surveys to determine where these facilities are needed.

What kinds of tie-up facilities can I, the State, construct?

The terms ``I'', ``you'', ``my'', and ``your'' refer to the State
in this regulation. The Boating Infrastructure Grant Program provides
funds for a wide range of development proposals for the needs of the
States. Some projects will be minimal, such as mooring buoys in
sensitive areas. Other projects, such as those at full-service marinas,
will provide docking, utilities, and restrooms along waterfronts of
major cities.

Can I Acquire Land or Easements?

Shoreline land can be expensive. We therefore discourage the
purchase or lease of land or easements for tie-up facilities, unless
absolutely necessary. Acquire or lease land only when you expect
significant project benefits.

What Will This Program Do?

This program will:
(a) Include transient dockage for recreational boats 26 feet or
more in length for recreational opportunities and safe harbors;
(b) Enhance access to recreational, historic, cultural, natural,
and scenic resources;
(c) Strengthen community ties to the water's edge and economic
benefits;
(d) Promote public/private partnerships and entrepreneurial
opportunities;
(e) Provide continuity of public access to the shore; and
(f) Promote awareness of transient boating opportunities.

What Other Activities Does the Act Authorize?

The Act also directs us to:
(a) Develop a national framework or methodology to conduct a boat
access needs assessment or survey;
(b) Fund States to complete the boat access needs survey (The
survey is to determine the adequacy of facilities for recreational
boats of all sizes); and
(c) Complete a comprehensive national assessment of boat access
needs and facilities (The assessment is a compilation of information
from the States' surveys into a national report of boat access needs
and facilities).

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Information Collection Requirements

With What Information Collection Requirements Must the Grant Recipients
Comply?

The requirements in this regulation, except surveys, are only those
needed to fulfill applicable requirements of 43 CFR part 12; see 43 CFR
12.4 for information concerning those requirements. We submitted the
collection of survey information contained in this regulation to the
Office of Management and Budget for approval, in compliance with 44
U.S.C. 3501 et seq. We may not conduct or sponsor, and OMB does not
require a person to respond to, a collection of information unless it
displays a currently valid OMB control number. OMB has 60 days in which
to respond, but may respond within 30 days; therefore, to ensure that
OMB considers your comments, they should receive them within 30 days.

What Information Collection Action is the Service Taking?

We submitted the following information collection requirements to
OMB for review and approval under the Paperwork Reduction Act of 1995,
44 USC 3501, et seq. This proposed regulation includes a notice of
information collection to fund a survey to determine boater access
needs. The public can find the information to be collected below in
Sec. 86.118. Doing the survey will include collections of information
from the public that require approval by OMB.

On What Should the Public Comment?

We invite the public's remarks on:
(a) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(b) The accuracy of the agency's estimate of burden, including the
validity of the methodology and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information on those who are to respond; and
(d) Ways to minimize the burden of the collection of information on
respondents, to include using appropriately automated, electronic,
mechanical, or other technological collection techniques, or other
forms of information technology.

Why do the States and the Service Need This Survey?

States should obtain sufficient information to determine what boat
access facilities are currently available to the public, and where they
need additional facilities. States will use the information to
determine the adequacy, number, location, and quality of facilities
that provide public access for all sizes of recreational boats. States
will also use this information to develop plans for the construction,
renovation, and maintenance of facilities. We will use the information
the States provide to develop a comprehensive national report of
recreational boat access needs and facilities, which the Act requires.
We are collecting this information to better evaluate grant proposals.
We will use this information to award or deny grants, following
criteria established in the Act and its regulations.

Is Information Already Available About Boat Access?

The States Organization for Boating Access (SOBA) is the primary
organization that monitors boating access in the United States. This
organization says that this information is not generally available.
Scoping meetings and telephone and Email inquiries with SOBA and 12
States revealed that the information was not available without the
survey. We also consulted with the following: BOAT/US, International
Association of Fish and Wildlife Agencies, Marina Operators Association
of America, Marine Environmental Education Foundation, Marine Retailers
Association of America, National Association of State Boating Law
Administrators, National Boating Federation, and National Marine
Manufacturers Association of America. To the extent possible, States
will use information already available.
However, some information is out of date since some marinas have
gone out of business. Some sites are no longer open. New sites have
been constructed. Finally, boating use and needs may have changed since
any previous survey has been completed. A few States have completed a
similar survey. Section 7404(b) of the Act exempts States that have
already completed such a survey. We do not anticipate any duplication.

How Will the Service Minimize the Burden on Small Businesses and Small
Entities?

Part C of the survey will include all non-State providers of
transient facilities. This number will be small. Part D of the survey
will include only a subset of small businesses and small entities to
minimize the burden to them. These are the minimum number of questions
necessary to obtain the information. Information already available will
be used to the extent possible. We do not anticipate any significant
impacts to small businesses or small entities.

What Happens if the States do not Complete the Survey?

States would not have an adequate basis to identify which boating
access facilities are adequate, and where the States need additional
facilities. States would not spend awarded funds most efficiently. If
information is not available to boaters on facility locations, they
will not use the facilities and will waste Federal funds. Section
7404(b) of the Act requires us to develop a comprehensive national
report of recreational boat access needs and facilities. Without the
survey, we could not complete this requirement.

What is the Hour Burden of the Collection of Information?

We expect the information requested to vary depending upon the type
of information requested from a particular respondent. Different
respondents may provide one or more types of information. Respondents
will usually provide the data verbally. Responses may vary from 10
minutes to 1 hour for completion and submission to the States,
depending upon the types of information collected from a particular
respondent, with an average of 38 minutes per response. This response
time estimate includes time to review instructions, gather and maintain
data, and complete and review the forms.
We estimate that States will conduct 39,200 interviews of boat
owners for Parts A and B, with averages of 200 per State for Part A and
500 per State for Part B, for 50 States and 6 territories. States will
conduct 12,400 interviews of providers for Parts C and D, with averages
of 150 per State for Part C and 71 per State for Part D.
We estimate that States will interview 150 providers for Part C
(all 56 State/Territory providers plus most Federal/municipal agencies
and marinas). We estimate that States will interview 71 providers for
Part D (all 56 State/Territory providers plus the few Federal/municipal
agencies and marinas). Some boaters will fill out Parts A and B, and
most providers will fill out Parts C and D. We therefore estimate that
45,400 different individuals will respond.
We estimate that, for Part A, 8,400 boaters will respond; for Part
B, 28,000 boaters will respond; for Part C, 8,000 providers will
respond; and for Part D, 1,000 providers will respond. We estimate the
response rate to be 70 percent, with States following up with the same
number of respondents until

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they reach 70 percent. We estimate a total of 15,000 burden hours for
the potential 45,400 respondents.
We estimate the cost for information collection is 15,000 burden
hours at $20.00 per hour, or $300,000. This amount is $196,000 at 9,800
burden hours for boaters, and $104,000 at 5,200 burden hours for
providers. This amount is a one-time cost that States will incur over a
3 year period. Some States will complete the survey the first year,
some later.

------------------------------------------------------------------------
Average
time
Number of required Annual
Type of information respondents per burden
\1\ response hours
(minutes)
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Boat owners: Part A........... 12,200 15 2,800
Boat owners: Part B........... 28,000 15 7,000
Boat owners: Part C........... 8,400 25 3,500
Boat owners: Part D........... 4,000 25 1,700
------------------------------------------------------------------------
\1\ 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.

What is the Total Annual Cost Burden to Respondents or Record-keepers?

The Federal Government will pay 75 percent of the costs of the
surveys. The Bureau of Census estimates that telephone surveys cost $25
per interview. At 921 interviews per State, we expect the total cost of
each survey to be $23,000. We also obtained estimates from States that
have recently completed such a survey, and we determined the cost to be
$25,000. If the 56 States and Territories complete surveys, the total
cost would be $1,400,000, or $1,050,000 for the Federal Government's
portion. If States use mail surveys, the cost would be similar.
However, their response rate is lower and, therefore, not as effective.
This will be a one-time cost during the 3 year period, either in-house
or contracting out costs to generate the information. We estimate that
the Federal Government will incur no additional costs for this
information collection. States will obtain all the information. We
expect no program changes or adjustments.

What are the Environmental Effects of This Regulation and Information
Collection?

This regulation and information collection requirement is not a
major Federal action significantly affecting the quality of the human
environment. In compliance with 516 DM 2, Appendix 1, we have
determined that this regulation is categorically excluded from the
National Environmental Policy Act process. It is limited to ``policies,
directives, regulations and guidelines of an administrative, financial,
legal, technical or procedural nature.'' The National Environmental
Policy Act of 1969 does not require a detailed statement. However, once
approved for funding, the States must provide environmental
documentation consistent with Federal and State regulations before
constructing/renovating tie-up facilities.

What Requirements Must I, the State, Comply With for Other Acts?

When you participate in this national grant program, you must
comply with National Environmental Policy Act requirements, Appendix 1
of 516 Department Manual 6, Clean Water Act, Endangered Species Act,
Coastal Barriers Resources Act as amended by the Coastal Barrier
Improvement Act, Coastal Zone Management Act, and Executive Orders on
Floodplains (E.O. 11988), Wetlands (E.O. 11990), historic/cultural
resources, prime and unique farmlands, and EPA Marine Guidance 6217 (or
replacement).

Our Policy on Comments That We Receive

We will take into consideration public comments and any additional
information received during the comment period. Our practice is to make
comments, including in most cases names and addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
rule-making record, which we will honor to the extent allowable by law.
In limited circumstances we would withhold a respondent's identity from
the rule-making record, as allowable by law. If you wish us to withhold
your name and address, you must state this prominently at the beginning
of your comment. However, we will not consider anonymous comments. We
will make all submissions from organizations or businesses and from
individuals who identify themselves as representatives or officials of
organizations or businesses available for public inspection completely.

Required Determinations

What are the Effects of This Regulation on Other Acts and Executive
Orders?

Regulatory Planning and Review (E.O. 12866)

This document is not a significant regulation subject to Office of
Management and Budget review under Executive Order 12866.
(a) This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. We do not need a cost-
benefit and economic analysis. Program funds total $8 million per year
for four years, for a total of $32 million. Program funds for surveys
total $1,050,000. States must match these amounts with 25 percent or $2
million per year. State match totals $8 million. This $10 million a
year for grants would not have an economic effect of $100 million. The
program will not negatively affect an economic sector, productivity,
jobs, and other units of government. The program will have a positive
effect on these factors. We will review all actions for NEPA compliance
to protect the environment.
(b) This rule will not create inconsistencies with other agencies'
actions. We will give all agencies an opportunity to review the
proposed rule. We will require the necessary Federal, State, and local
reviews and permits before allowing construction of all facilities.
These reviews will ensure that this rule will not create
inconsistencies with other agencies' actions.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This grant program does not stipulate any requirements that would
affect entitlements, grants, or loan programs. User fees are not
mandatory and allow only enough charges to maintain the facility. The

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amount of facilities, user fees, or fee charges will not materially
affect user fees. The program will not affect the rights of recipients.
The program will only obligate the recipient to maintain the facility.
All stipulations will be voluntarily accepted prior to awarding funds
for facility construction.
(d) This rule will not raise novel legal or policy issues. This
program will award funds to States to install facilities for transient
non-trailerable boats. This grant program is similar to past Federal
Aid grant programs for construction of facilities. No novel legal or
policy issues have been or are expected to be raised by this program.

Regulatory Flexibility Act

The Department certifies that this document will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Eight
million dollars will be available annually for a 4-year period. The
effects of these regulations occur to agencies in the States, Puerto
Rico, Guam, the Virgin Islands, American Samoa, the District of
Columbia, and the Northern Mariana Islands. These are not small
entities under the Regulatory Flexibility Act. Some small entities,
mainly marina operators, may receive grant funds. The program will
place facilities where there are none now, in remote areas where no
competition exists, and in populated areas where marinas have not
previously installed them. The program will, therefore, minimize
competition with private industry. Employment, investment,
productivity, and innovation should all increase because the program
will construct facilities to attract transient boaters. The result will
be to increase spending in the area. U.S.-based enterprises' ability to
compete with foreign-based enterprises should not be affected by this
rule. The rule does not stipulate any procedures regarding this issue.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This regulation is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act, as discussed in the
Regulatory Planning and Review and Regulatory Flexibility Act sections
above.

Unfunded Mandates Reform Act

This regulation does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. This regulation does not have a significant or unique
effect on State, local, tribal governments, or the private sector. The
rule would establish a grant program that States may participate in
voluntarily. A statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In compliance with Executive Order 12630, this regulation does not
have significant takings implications. The rule provides standardized
procedures for administering a Federal discretionary grant program.

Federalism Assessment (E.O. 13132)

In compliance with Executive Order 13132, this regulation does not
have sufficient Federalism implications to warrant the preparation of a
Federalism Assessment. The regulation allows eligible States to make
decisions regarding the development and submission of proposed grants
for construction renovation, maintenance, or public information and
education programs. Therefore, it is consistent with Executive Order
13132.

Civil Justice Reform (E. O. 12988)

In compliance with Executive Order 12988, the Office of the
Solicitor has determined that this regulation does not unduly burden
the judicial system and meets the requirements of Secs. 3(a) and
3(b)(2) of the Order.

Paperwork Reduction Act

The information collection requirements contained in this
regulation, except surveys that are described above, are only those
necessary to fulfill applicable requirements of 43 CFR Part 12; see 43
CFR 12.4 for information concerning Office of Management and Budget
approval of those requirements. The information collection requirements
related to the surveys will not be imposed until OMB approval under the
provisions of 44 U.S.C. 3501 et seq. For detailed information
concerning the surveys refer to the section above titled ``INFORMATION
COLLECTION REQUIREMENTS''.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this regulation easier to understand, including answers to questions
such as the following:
(a) Are the requirements in the regulation clearly stated?
(b) Does the regulation contain technical language or jargon that
interferes with its clarity?
(c) Does the format of the regulation (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity?
(d) Would the regulation be easier to understand if we divided it
into more (but shorter) sections?
(e) Is the description of the regulation in the ``Summary'' section
of the preamble helpful to understand the regulation?
(f) What else could we do to make the regulation easier to
understand?
What intergovernmental review procedures must I as a State follow?
Executive Order 12372 ``Intergovernmental Review of Federal
Programs'' and 43 CFR Part 9 ``Intergovernmental Review of Department
of the Interior Programs and Activities'' applies to the National
Boating Infrastructure Grant Program. Under the Order, you may design
your own processes to review and comment on proposed Federal assistance
under covered programs.

What is my Responsibility as a State if I Participate in the Executive
Order Process Having Single Points of Contact?

You should alert your Single Points of Contact (SPOCs) to the
prospective applications and receive any necessary instructions to
provide material the SPOC requires. You must submit all required
materials, if any, to the SPOC and show the date of this submittal (or
the date of contact if the SPOC does not require submittal) on the
narrative. If you are from a State that chooses to exempt the grants,
you need take no action regarding E.O. 12372.
Who is the author of this regulation? Robert D. Pacific, Division
of Federal Aid, U.S. Fish and Wildlife Service.

List of Subjects in 50 CFR Part 86

Administrative practice and procedure, Boats and boating, Grant
programs--recreation, Natural resources, Recreation and recreation
areas, and Reporting and recordkeeping requirements.

For the reasons set out in the preamble, we propose to amend
Subchapter F of Chapter I, Title 50 of the Code of Federal Regulations,
by adding a new part 86 to read as follows.

PART 86--NATIONAL BOATING INFRASTRUCTURE GRANT PROGRAM

Subpart A--General Information About the Grant Program

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Sec.
86.10 What does this regulation do?
86.11 What does the National Boating Infrastructure Grant Program
do?__
86.12 What is boating infrastructure?
86.13 Am I eligible to apply for these grants?
86.14 How does the grant process work?
86.15 What are the information collection requirements?
Subpart B--Funding State Grant Proposals
86.20 What activities are eligible for funding?
86.21 What activities are ineligible for funding?
Subpart C--Public Use of the Facility
86.30 Must I allow the public to use the grant-funded facilities?
86.31 How much money may I charge the public to use tie-up
facilities?
Subpart D--Funding Availability
86.40 How much money is available for grants?
86.41 How long will the money be available?
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 Who may apply?
86.51 When must I apply?
86.52 To whom must I apply?
86.53 What information must I include in my grant proposals?
86.54 What are funding tiers?
86.55 How must I submit proposals?
86.56 What are my compliance requirements with Federal laws,
regulations, and policies?
Subpart F--How the Service Selects Grants
86.60 What are the criteria used to select grants?
86.61 What process does the Service use to select grants?
86.62 What must I do after my grant has been selected?
86.63 Are there any appeals if my project has not been selected?
Subpart G--How States Manage Grants
86.70 What are my requirements to acquire, install, operate, and
maintain real and personal property?
86.71 How will I be reimbursed?
86.72 Are there any other requirements?
86.73 What if I don't spend all the money?
86.74 What if I need more money?
Subpart H--Report Requirements for the States
86.80 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 Sport Fish Restoration Symbols
86.90 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 the National Framework
86.100 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 Access Needs Surveys
86.110 What does the State 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 boat access survey?
86.114 Do I need to conduct a survey if I already have a plan
installing tie-up facilities for boats 26 feet or more in length?
86.115 How should I administer the survey?
86.116 May I change the questions in the survey?
86.117 What is the Service schedule to approve the survey?
86.118 What are the questions in this survey instrument?
Subpart L--Completing the Comprehensive National Assessment
86.120 What is the Comprehensive National Assessment?
86.121 What does the Comprehensive National Assessment do?
86.122 Who completes the Comprehensive National Assessment?
86.123 When is the Comprehensive National Assessment due?
86.124 What are the Comprehensive Assessment products?
Subpart M--How States Will Complete the State Program Plans
86.130 What does the State program plan do?
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 What is the Service schedule to approve the plans?
86.136 What must be in the plan?
86.137 What variables should I consider?

Authority: Title 7, Subtitle D, Pub. L. 105-178, 112 Stat. 482.

Subpart A--General Information About the Grant Program

Sec. 86.10 What does this part do?

In this part, the terms ``I'', ``you'', ``my'', and ``your'' refer
to the State in this regulation. ``We'' and ``us'' refers to the Fish
and Wildlife Service. This part establishes your requirements under the
Sportfishing and Boating Safety Act of 1998 (Public Law 105-178,
Subtitle D, 112 Stat. 482) to:
(a) Participate in the National Boating Infrastructure Grant
Program (the program),
(b) Complete your boat access survey, and
(c) Develop State plans to install transient tie-up facilities for
boats 26 feet or more in length. In this part:
(1) Tie-up facilities mean facilities that transient recreational
boats 26 feet or more in length occupy temporarily, not to exceed 10
consecutive days; for example, temporary shelter from a storm; a way
station en route to a destination; a mooring feature for fishing; or a
dock to visit a recreational, historic, cultural, natural, or scenic
site.
(2) Nontrailerable recreational vessels mean motorized boats 26
feet or more in length manufactured for and operated primarily for
pleasure, including vessels leased, rented, or chartered to another
person for his or her pleasure.

Sec. 86.11 What does the National Boating Infrastructure Grant Program
do?

This program provides funds for States to construct, renovate, and
maintain tie-up facilities with features for transient boaters in
vessels 26 feet or more in length, and to produce and distribute
information and educational materials about the system/program.
(a) Grant means financial assistance the Federal Government awards
to an eligible grantee.
(b) States means individual States within the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(c) Construct means activities that produce new capital
improvements and increase the value or usefulness of existing property.
These activities include adding new (presently do not exist),
replacing, or expanding tie-up facilities.
(d) Renovate means to rehabilitate or repair a tie-up facility to
restore it to its original intended purpose, or to expand its purpose
to allow transient nontrailerable boats.
(e) Maintain means activities necessary to keep up the tie-up
facility. These are activities that allow the facility to continue to
function, such as repairing docks, etc. These activities exclude
routine janitorial activities.

Sec. 86.12 What is boating infrastructure?

Boating infrastructure refers to features that provide stopover
places for transient boats 26 feet or more in length to tie up. These
features include, but are not limited to:
(a) Mooring buoys (permanently anchored floats designed to tie up

[[Page 3337]]

recreational vessels 26 feet or more in length),
(b) Day-docks (nontrailerable tie-up facilities that do not allow
overnight use),
(c) Navigational aids (aids to navigation, such as channel markers,
buoys, and directional information),
(d) Seasonal slips (slips for recreational boats 26 feet or more in
length that boaters occupy for no more than 10 consecutive days),
(e) Safe harbors (facilities protected from waves, wind, tides,
ice, currents, etc., that provide temporary safe anchorage point or
harbor of refuge during storms),
(f) Floating and fixed piers,
(g) Floating and fixed breakwaters,
(h) Dinghy docks (floating or fixed platforms that nontrailerable
boaters use for a temporary tie-up of their small boats to access the
shore),
(i) Restrooms,
(j) Retaining walls,
(k) Bulkheads,
(l) Dockside utilities,
(m) Pumpout stations,
(n) Recycling and trash receptacles,
(o) Electric service,
(p) Water supplies, and
(q) Pay telephones.

Sec. 86.13 Am I eligible to apply for these grants?

You may apply for these grants if you are an agency of a State,
with authority from the State Government to submit application. States
must identify one key contact only and must submit proposals through
this person.

Sec. 86.14 How does the grant process work?

To ensure that grants address the highest national priorities
identified in the Act, we make funds available on a competitive basis.
We will fund the proposals that best meet the funding criteria. You
must submit your proposals by a certain date within the annual cycles.
You must address certain questions and criteria to be eligible and
competitive. We will conduct a panel review of all proposals, and the
Service director will make the final awards. You may begin work on your
project only after you have signed a grant agreement.

Sec. 86.15 What are the information collection requirements?

This part contains both routine information collection and survey
requirements, as follows:
(a) The routine information collection requirements for grants
application and associated record keeping contained in this part are
only those necessary to fulfill applicable requirements of 43 CFR Part
12. These requirements include recordkeeping and reporting
requirements. See 43 CFR 12.4 for information concerning Office of
Management and Budget approval of those requirements.
(b) The information collection requirements related to the surveys
have been submitted to OMB for approval. They will not be imposed until
OMB approval under the provisions of 44 U.S.C. 3501 et seq. The surveys
are voluntary and are for States to determine the adequacy, number,
location, and quality of facilities that provide public access for all
sizes of recreational boats. The public's burden estimate for the
surveys is as follows:

(c) Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to the Service Information Collection Clearance
Officer, ms--224 ARLSQ, Fish and Wildlife Service, Washington, DC
20240, or the Office of Management and Budget, Paperwork Reduction
Project 1018--__, Washington, DC 20503.

Subpart B--Funding State Grant Proposals

Sec. 86.20 What activities are eligible for funding?

Your project is eligible for funding if you propose to:
(a) Construct, renovate, and maintain public and private boating
infrastructure tie-up facilities. To be eligible you must:
(1) Build these facilities on navigable waters, available to the
public.
(i) Navigable waters means waters connected to or part of the
jurisdictional waters of the United States that transient boats 26 feet
or more in length currently use or can use for recreation;
(ii) Available means a transient tie-up facility where the public
can reasonably access the facility, located where all boats typical to
that facility can easily use it, where the facility provider charges
equitable fees, and where open periods are reasonable;
(2) Design them for temporary use for recreational boats 26 feet or
more in length. Temporary use means short-term use of a tie-up facility
for transient vessels, not to exceed 10 consecutive days;
(3) Build them in water deep enough for boats 26 feet or more in
length to navigate: A minimum of 6 feet of depth at the lowest tide or
other measure of fluctuation;
(4) Provide security, safety, and service for these boats; and,
(5) Install a pumpout station if you construct facilities for
overnight stays since keeping sewage out of our waterways is important.
(i) If there is already a pumpout within reasonable distance
(generally within 2 miles) of the facility, you may not need one;
(ii) For facilities intended as day stops, we do not require, but
encourage, you to install a pumpout; and,
(iii) You may use funds from this grant program, or the Clean
Vessel Act pumpout grant program, also administered by this agency, to
pay for a pumpout station;
(b) Do one-time dredging only, to give transient vessels safe
channel depths between the tie-up facility and maintained channels or
open water;
(c) Install navigational aids, limited to giving transient vessels
safe passage between the tie-up facility and maintained channels or
open water;
(d) Apply funds to grant administration; and,
(e) Fund preliminary costs.
(1) Preliminary costs may include any of the following activities
completed prior to signing a grant agreement:
(i) Conducting appraisals;

[[Page 3338]]

(ii) Administering environmental reviews and permitting;
(iii) Conducting technical feasibility studies, for example,
studies pertaining to environmental, economic, and construction
engineering concerns;
(iv) Carrying out site surveys and engaging in site planning;
(v) Preparing cost estimates;
(vi) Preparing working drawings, construction plans, and
specifications;
(vii) Inspecting construction; and,
(viii) Construction, including site preparation, materials,
equipment rental, and demolition.
(2) We will fund these costs only if we approve the project.
(3) If the project is approved, the appropriate regional director
must still approve these costs.

Sec. 86.21 What activities are ineligible for funding?

Your project is ineligible for funding if you propose to:
(a) Complete a project that does not provide public benefits, for
instance, a project that is not open to the public for use.
(b) Involve enforcement activities.
(c) Significantly degrade or destroy valuable natural resources or
alter the cultural or historic nature of the area.
(d) Provide structures not expected to last at least 20 years.
(e) Do maintenance dredging.
(f) Fund operations or routine, custodial and janitorial
maintenance of the facility.
(g) Construct/renovate/maintain boating infrastructure tie-up
facilities for nontransient vessels, for example the following:
(1) Tie-up slips available for occupancy for more than 10
consecutive days by a single party;
(2) Dryland storage;
(3) Haul-out features; and,
(4) Boating features for trailerable or `car-top' boats (these two
terms refer to boats less than 26 feet in length), such as launch ramps
and carry-down walkways.
(h) Conduct surveys to determine boating access needs.
(1) You may conduct the survey with funds allocated to motorboat
access to recreational waters under subsection (b)(1) of section 8 of
the Federal Aid in Sport Fish Restoration Act of 1950, as amended (16
U.S.C. 777).
(2) Our regional offices should encourage States to combine surveys
under one contractor where feasible if these States can realize a cost
or other savings.
(i) Develop a State program plan to construct, renovate, and
maintain boating infrastructure tie-up facilities. ``State program
plan'' means a plan to identify existing tie-up facilities and
features; needed construction, renovation, and maintenance; and access
to facilities.

Subpart C--Public Use of the Facility

Sec. 86.30 Must I allow the public to use the grant-funded facilities?

(a) You must allow reasonable access to all recreational vessels
for the useful life of the tie-up facilities. You must allow public
access to the shore and basic features such as fuel and restrooms when
they are available. You must specify precise details in the contract
with the facility manager. We do not require public access to the
remainder of a park or marina where the facility is found. Nor do we
require any further restrictions in that park or marina.
(b) You must comply with American Disabilities Act requirements
when you construct or renovate all transient recreational vessel tie-up
facilities under this grant.

Sec. 86.31 How much money may I charge the public to use tie-up
facilities?

You may charge the public only a reasonable fee, based on the
prevailing rate in the area. You must determine a fee that does not
pose an unreasonable competitive amount, based on other public and
private tie-up facilities in the area. You must approve any proposed
changes in fee structure by a sub-grantee.

Subpart D--Funding Availability

Sec. 86.40 How much money is available for grants?

This program is authorized $32 million for 4 years.

Sec. 86.41 How long will the money be available?

The program begins in Fiscal Year 2000 and ends in Fiscal Year
2003. Funds are available for obligation to the States for 3 years.

Sec. 86.42 What are the match requirements?

The Act authorizes the Director of the U.S. Fish and Wildlife
Service (Service) to award grants to States to pay up to 75 percent of
the cost to construct, renovate, or maintain tie-up facilities for
transient boats more than 26 feet in length. You or a partner must pay
the remaining 25 percent match. Title 43 CFR 12.64 applies to cost
sharing or matching requirements. Property is eligible for a State
match.

Sec. 86.43 May someone else supply the match?

Third party, in-kind contributions, including property, is
allowable, but must be necessary and reasonable to accomplish grant
objectives. In-kind contributions must also represent the current
market value of noncash contributions that the third party furnishes as
part of the grant.

Sec. 86.44 What are my allowable costs?

(a) You may spend only funds that are necessary and reasonable to
accomplish the approved grant objectives. Grant costs must meet the
applicable Federal cost principles in 43 CFR 12.60(b). You may purchase
informational and program signs as allowable costs.
(b) If you include purposes other than those eligible under the
Act, we will prorate the costs equitably among the various purposes.
You may use grant funds only for the part of the activity related to
the Sportfishing and Boating Safety Act.

Sec. 86.45 When will I receive the funds?

Once you sign the grant agreement, the funds will be made
available.

Subpart E--How States Apply for Grants

Sec. 86.50 Who may apply?

(a) Only States may apply for grants under this program.
(b) You must identify one agency contact per State and submit
proposals through this contact. Typically the contact is a division of
the Department of Natural Resources or similar environmental
department.

Sec. 86.51 When must I apply?

(a) We will accept proposals between May 30, 2000, and November 3,
2000, for the first grant cycle; between February 1, 2001, and May 1,
2001, for the second grant cycle; and, between February 1, 2002, and
May 1, 2002, for the third grant cycle. This program starts Fiscal Year
2000 and ends Fiscal Year 2003. Fiscal Year 2000 begins on October 1,
1999. We will have $16 million to award the first year, and $8 million
each year after that.
(b) The annual schedule follows:

[[Page 3339]]

----------------------------------------------------------------------------------------------------------------
Schedule FY 2000-2001 FY 2002 FY 2003
----------------------------------------------------------------------------------------------------------------
We announce the grant cycle by....... May 30, 2000........... February 1, 2001....... February 1, 2002.
You submit your grant proposal by.... November 3, 2000....... May 1, 2001............ May 1, 2002.
Regions submit the proposals to December 3, 2000....... July 1, 2001........... July 1, 2002.
Washington by.
We rank the proposals by............. January 3, 2001........ August 1, 2001......... August 1, 2002.
The Director approves proposals by... January 13, 2001....... August 10, 2001........ August 10, 2002.
Regions finalize their grant February 13, 2001...... October 1, 2001........ October 1, 2002.
agreements by.
----------------------------------------------------------------------------------------------------------------

Sec. 86.52 To whom must I apply?

You must submit your proposals to the appropriate regional office
of the U.S. Fish and Wildlife Service. See the chart below for the
address you will need.

----------------------------------------------------------------------------------------------------------------
Region States Address Telephone
----------------------------------------------------------------------------------------------------------------
1................................ American Samoa, California, Division of Federal Aid, 503-231-6128
Commonwealth of the Northern U.S. Fish & Wildlife
Mariana Islands, Guam, Service, Eastside Federal
Hawaii, Idaho, Nevada, Complex, 911 NE 11th
Oregon, and Washington. Avenue, Portland, OR 97232-
4181.
2................................ Arizona, New Mexico, Division of Federal Aid, 505-248-7465
Oklahoma, and Texas. U.S. Fish & Wildlife
Service, P.O. Box 1306, 500
Gold Avenue, SW,
Albuquerque, NM 87103.
3................................ Illinois, Indiana, Iowa, Division of Federal Aid, 612-713-5138
Michigan, Minnesota, U.S. Fish & Wildlife
Missouri, Ohio, and Service, Bishop Henry
Wisconsin. Whipple Federal Building, 1
Federal Drive, Fort
Snelling, MN 55111-4056.
4................................ Alabama, Arkansas, Florida, Division of Federal Aid, 404-679-7113
Georgia, Kentucky, U.S. Fish & Wildlife
Louisiana, Mississippi, Service, 1875 Century
North Carolina, Puerto Rico, Boulevard, Suite 240,
South Carolina, Tennessee, Atlanta, Georgia 30345.
and the Virgin Islands.
5................................ Connecticut, Delaware, Division of Federal Aid, 413-253-8406
District of Columbia, Maine, U.S. Fish & Wildlife
Maryland, Massachusetts, New Service, 300 Westgate
Hampshire, New Jersey, New Center Drive, Hadley, MA
York, Pennsylvania, Rhode 01035-9589.
Island, Vermont, Virginia,
and West Virginia.
6................................ Colorado, Kansas, Montana, Division of Federal Aid, 303-236-8155
Nebraska, North Dakota, U.S. Fish & Wildlife
South Dakota, Utah, and Service, P.O. Box 25486,
Wyoming. Denver, Colorado 80225.
7................................ Alaska....................... Division of Federal Aid, 907-786-3322
U.S. Fish & Wildlife
Service, 1011 East Tudor
Road, Anchorage, Alaska
99503.
----------------------------------------------------------------------------------------------------------------

Sec. 86.53 What information must I include in my grant proposals?

You must submit a narrative that identifies and describes the
following:
(a) Needs within the purposes of the Act (if you have an approved
program plan, you must show how the activities in your proposal support
the State program plan).
(b) Discrete objective(s) you will accomplish during a specified
time.
(c) Expected results or benefits from accomplishing the objectives,
including the numbers of recreational vessels and people the proposed
facility will serve.
(d) The approach you will use to meet the objectives.
(e) Amount and source of matching funds.
(f) Estimated schedule of fees for use of the facility.
(g) A summary of how the proposal meets each criterion. And,
(h) The approach you will use to meet the objectives include the
following:
(1) Specific procedures.
(2) Schedules.
(3) Key personnel and cooperators.
(4) Grant location.
(5) Innovative approaches.
(i) ``Innovative'' means unique approaches, combinations of unique
and proven or traditional approaches, or creative combinations of
proven or traditional approaches that synergistically increase the
availability of tie-up facilities beyond what we would expect;
(ii) Innovative approaches include education/information programs,
brochures, cruising guides, and charts.
(6) Public/private partnerships (partnerships between State
agencies, between States and municipalities, or between States and
private groups, individuals, or businesses).
(7) Education. ``Education'' means providing information to
transient boaters about:
(i) The boating infrastructure grant program;
(ii) The location of transient nontrailerable tie-up facilities;
(iii) Costs to use these facilities;
(iv) Safety and environmental awareness; and
(v) Services available at these facilities.
(8) Public access.
(9) Estimated costs.

Sec. 86.54 What are funding tiers?

(a) This grant program will consist of two tiers of funding.
(b) You may apply for one or both.
(c) Two tiers will allow all States some certainty of base level.
(d) Tier One funding will ensure broad geographical distribution to
meet the needs of boats 26 feet or more in length.
(e) Tier Two funding will allow States with large projects to
compete with other States with large projects based on individual
project merits.
(f) We describe the two tiers as follows:
(1) Tier One Projects.
(i) You may submit a grant with an unlimited number of projects
within this tier. However, your request cannot exceed $100,000 of
Federal funds;
(ii) We will use one score for all Tier One projects, using the
criteria in Sec. 86.60;
(iii) Tier One projects that receive a minimum score of 60 points
will automatically receive funds if they comply with the Federal Aid in
Sport Fish Restoration (SFR) Program and other Federal requirements;
and

[[Page 3340]]

(iv) If Tier One projects do not receive the required points, we
will include the projects in Tier Two.
(2) Tier Two Projects.
(i) There is no dollar limit for Tier Two, and you may submit any
number of projects, which we will score and rank separately; and
(ii) Each project will compete nationally against every other
project in Tier Two.

Sec. 86.55 How must I submit proposals?

(a) You may apply for either Tier One or Tier Two or both.
(b) You may submit more than one project within Tier One and Tier
Two.
(c) You may submit one grant proposal that includes Tier One and
Tier Two projects.
(d) If you submit Tier One and Tier Two projects you must describe
Tier One projects separately from Tier Two projects.
(e) You must describe each project in Tier Two separately, so that
we can rank and score each project in Tier Two separately.
(f) For the first grant cycle, which includes $16,000,000, you may
submit two sets of Tier One projects, each for the $100,000 limit. If
both projects meet the threshold criteria, we will fund them both, one
with FY 2000 funds, and the second one with FY 2001 funds.
(g) For the remaining grant cycles, you must submit only one set of
Tier One projects.
(h) When we approve projects, our regional office will determine
how many grant agreements are necessary.

Sec. 86.56 What are my compliance requirements with Federal laws,
regulations, and policies?

(a) To receive Federal funds, you must agree to and certify
compliance with all applicable Federal laws, regulations, and policies.
You must submit an assurances statement that describes how you comply
with Federal grant requirements. And,
(b) You may have to provide additional documentation to comply with
environmental and other laws, as defined in Fish and Wildlife Service
Manual 523 FW 1. The regional office grant administrator may request
preliminary evidence at the grant proposal stage that the proposed
project will meet these compliance requirements. Consult with regional
offices for specific applicability.

Subpart F--How the Service Selects Grants

Sec. 86.60 What are the criteria used to select grants?

(a) We will rank all proposals according to the criteria in
paragraph (b) of this section.
(b) We will consider proposals that:
(1) Are to construct and renovate tie-up facilities for transient
recreational boats 26 feet or more in length following your State's
program plan that we have 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 vessels 26 feet or more in length (includes
education/information)--0-15 points.
(4) Include private, local, or other State funds besides the 25
percent State match, described in Sec. 86.40.
(i) Thirty-five percent above--5 points.
(ii) Between thirty-six and forty-nine percent above--10 points.
(iii) Fifty percent 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 compared with
the funds from the proposal. For example, where you construct a small
feature such as a transient mooring dock within an existing harbor that
adds high value and opportunity to existing features (restrooms,
utilities, etc.). A proposal that 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, cultural or natural
areas, or that provide safe harbors from storms--10 points.
(7) Provide access to recreational, historic, cultural, natural, or
scenic opportunities of local, regional, or national significance.
(i) Local significance--5 points.
(ii) Regional significance--10 points.
(iii) National significance--15 points.
(8) Provide significant positive economic impacts to a community.
For example, a project that costs $100,000 attracts a significant
number of boaters who spend $1 million a year in the community--1-5
points. And,
(9) Include multi-State efforts that result in coordinating
location of tie-up facilities--5 points.
(10) Total possible points--100 points.

Sec. 86.61 What process does the Service use to select grants?

Our Division convenes a panel of Federal Aid staff to review, rank,
and recommend funding to the Director. This panel will include
representatives from Washington, DC, and regional offices. The Director
may convene an advisory panel of nongovernmental organizations to
advise and make recommendations to the Federal panel. The Director will
make the selection of eligible grants by January 13, 2001, August 10,
2001, and August 10, 2002, for the three grant cycles.

Sec. 86.62 What must I do after my grant has been selected?

After your award is approved, you will be notified to work with the
appropriate regional office to fulfill the grant documentation
requirements and finalize the grant agreement.

Sec. 86.63 Are there any appeals if my project has not been selected?

If you have a difference of opinion over the eligibility of
proposed activities or differences arising over the conduct of work,
you may appeal to the Director. Final determination rests with the
Secretary of the Interior.

Subpart G--How States Manage Grants

Sec. 86.70 What are my requirements to acquire, install, operate, and
maintain real and personal property?

(a) You will find applicable regulations for this subject in 43 CFR
12.71 and 12.72. If questions arise about applicability, you should
contact the appropriate regional office.
(b) You must ensure that the design and installation of tie-up
facilities provide for substantial structures that will have a
significant longevity, at least 20 years.
(c) You must ensure that you operate, maintain, and use the tie-up
facilities and features for the stated grant purpose. You must obtain
prior written approval from the appropriate regional director before
you can convert these tie-up facilities to other uses.

Sec. 86.71 How will I be reimbursed?

For details on how you will be paid, refer to 43 CFR part 12, 31
CFR part 205, and any other regulations referenced in these parts.

[[Page 3341]]

Sec. 86.72 Are there any other requirements?

For administrative requirements not covered under these specific
guidelines, you should check 43 CFR part 12, which generally applies to
all Federal grant programs.

Sec. 86.73 What if I don't spend all the money?

You must return any unused funds that remain after the grant has
been completed.

Sec. 86.74 What if I need more money?

Funds for grants are available only on a competitive basis.
Therefore, if you need more money, you must compete in the next grant
cycle.

Subpart H--Report Requirements for the States

Sec. 86.80 What are my reporting requirements for this grant program?

You must submit a quarterly performance report, an annual report,
and a final performance report. For additional information on
reporting, see 43 CFR part 12 and OMB Circular A-102.

Sec. 86.81 When are the reports due?

Reports are due as follows:
(a) Quarterly reports are due 30 days after the reporting period;
(b) Annual reports are due 90 days after the grant year; and
(c) The final performance report is due 90 days after the
expiration or termination of grant support.

Sec. 86.82 What must be in the reports?

Reports must include the following:
(a) You must identify the actual accomplishments compared to the
objectives established for the period;
(b) You must identify the reasons for any slippage if established
objectives were not met; and
(c) You must identify any additional pertinent information
including, when appropriate, analysis and explanation of cost overruns
or high unit costs.

Subpart I--State Use of Signs and Sport Fish Restoration Symbols

Sec. 86.90 What are my responsibilities for information signs?

You should install appropriate information signs at boating
infrastructure tie-up facilities. You should ensure that this
information is clearly visible, directing boaters to the facility.
Information should show fees, restrictions, hours of operation, a
contact name, and telephone number to report an inoperable facility.

Sec. 86.91 What are my program crediting responsibilities?

You should give public credit to the Sport Fish Restoration program
as the source of funding for the Boating Infrastructure Grant Program.
You should recognize this program by using the Sport Fish Restoration
logo. You may use the crediting logo identified in Sec. 80.26 of this
chapter to identify National Boating Infrastructure Grant Program
projects.

Sec. 86.92 Who can use the SFR logo?

You the State may use the SFR logo. Encourage others to display the
logo. Other people or organizations may use the logo for purposes
related to the National Boating Infrastructure Grant Program as
authorized in Sec. 80.26 of this chapter.

Sec. 86.93 Where should I use the SFR logo?

You should display the logo on tie-up facilities you construct,
acquire, develop, or maintain under these grants. You should also use
the logo on printed material or other visual representations that
relate to project accomplishments or education/information. Refer to
Sec. 85.47 of this chapter for logo colors.

Sec. 86.94 What crediting language should I use?

Suggested examples of language to use when crediting the National
Boating Infrastructure Grant Program follow:
(a) Example 1: The Sport Fish Restoration Program funded this
facility thanks to your purchase of fishing equipment and motorboat
fuels.
(b) Example 2: The Sport Fish Restoration Program is funding this
construction thanks to your purchase of fishing equipment and motorboat
fuels. And,
(c) Example 3: The Sport Fish Restoration Program funded this
(pamphlet) thanks to your purchase of fishing equipment and motorboat
fuels.

Subpart J--Service Completion of the National Framework

Sec. 86.100 What is the National Framework?

The National Framework is the method you must use to conduct a
State survey to determine boating access needs in your State. ``State
survey'' means boating access needs assessment or data collection to
determine the adequacy, number, location, and quality of tie-up
facilities and boat access sites providing access to recreational
waters for all sizes of recreational boats. ``Boat access site'' means
a place where boats less than 26 feet long enter the water.
``Recreational waters'' means navigable waters that recreational
vessels 26 feet or more in length use for recreational purposes.

Sec. 86.101 What is the Service schedule to adopt the National
Framework?

We plan to adopt the National Framework by April 30, 2000. We will
consult with the States to develop this framework.

Sec. 86.102 How did the Service design the National Framework?

The Framework divides the survey into two components, boater survey
and boat access provider survey.
(a) The boater survey component.
(1) We designed these questions to obtain information identifying
boat user preferences and concerns for existing and needed access
available to the public.
(2) The nontrailerable boat data set will fulfill informational
needs for you to develop your State program plans as called for in the
Act.
(3) The boater survey will survey registered boat owners in your
State for two types of boats:
(i) Part A--for boats 26 feet or more in length.
(ii) Part B--for trailerable and `car-top' boats (less than 26 feet
long).
(b) The boat access provider component.
(1) We designed these questions to obtain information identifying
boat access providers' ideas about current and needed facility and site
locations, and providers' perceptions of boat user preferences and
concerns regarding access.
(2) We developed these questions to guide interviews of boat access
facility and site managers.
(3) The nontrailerable boat data set will fulfill the informational
needs for you to develop your State plans as called for in the Act.
(4) The boat access provider survey will survey facility providers
in your State for two types of boats:
(i) Part C--a survey to all providers in your State, including
State agency and non State entities (Federal and local government
entities, corporate and private/commercial providers) that operate tie-
up facilities for boats 26 feet or more in length.
(ii) Part D--a survey to all providers in your State that operate
boat access sites for boats less than 26 feet long.

Subpart K--How States Will Complete Access Needs Surveys

Sec. 86.110 What does the State survey do?

The State survey determines the current status of boating access
facilities for all recreational boats in your State and your future
boater access needs.

[[Page 3342]]

Sec. 86.111 Must I do a survey?

Surveys are not required. They are voluntary. However, if you do a
survey, you must complete it following the National Framework to
receive funds.

Sec. 86.112 What are the advantages of doing a survey?

Surveys provide the information necessary to fully understand the
needs of boaters in your State. Surveys allow you to develop a
meaningful plan to provide better access to boaters. Surveys are
required to complete the plan. The plan will make you more competitive
when you submit grants under this program. We will give you 15 points
for having an approved plan.

Sec. 86.113 What if I have recently completed a boat access survey?

If the recent survey substantially answers the questions in
Sec. 86.118, the appropriate regional office will determine if it is
sufficient to meet the needs of the program. If the regional office
determines that the survey is not sufficient, you must complete that
part(s) or an entire new survey to receive credit for completing a
recent survey.

Sec. 86.114 Do I need to conduct a survey if I already have a plan
installing tie-up facilities for boats 26 feet or more in length?

You need not conduct the survey if we certify that you have
developed and are carrying out a State program plan that ensures there
are and will be public boat access adequate to meet the needs of
recreational boaters on your waters.

Sec. 86.115 How should I administer the survey?

Use a consultant or university specializing in administration of
such surveys. Design the sample sizes needed to achieve statistical
accuracy so the estimate is within 10 percent of the true number. You
must not alter the survey questions, since we need information that is
comparable nationwide. You may use a telephone, mail, or other type of
survey for a sample population of boaters within the State. Costs for
telephone and mail surveys are similar. However, response rate for mail
surveys is lower, and not as effective. For boat access providers, we
prefer you survey all State agency and non State providers, but you may
survey a sample population. You may develop your own methodology to
collect data, which may include telephone, mail, fax or other inventory
means. We do not expect you to use automated, electronic, mechanic, or
other means of information collection. Data collected are unique to
each respondent. You should follow up on the same respondents until you
reach 70 percent of the respondents.

Sec. 86.116 May I change the questions in the survey?

You must not change the questions. We have developed a survey
instrument for completing the surveys. We are obtaining approval from
OMB on the questions identified below. Such approval does not extend to
additional questions.

Sec. 86.117 What is the Service schedule to approve the survey?

The Service schedule is as follows:
(a) Request for survey to OMB--by December 17, 1999.
(b) OMB approves Survey--by March 17, 2000.
(c) We notify you to begin surveys--by March 22, 2000.
(d) You submit your survey results to regional offices, or we
certify you have an adequate State program plan--by August 19, 2000.
And,
(e) Regions approve surveys--by September 19, 2000.

Sec. 86.118 What are the questions in this survey instrument?

(a) We divided this survey into four parts. Part A is for transient
nontrailerable boat owners. Part B is for trailerable or ``car-top''
(less than 26 feet) boat owners. Part C is for State agency and non
State providers of facilities for boats 26 feet or more in length in
the State. Part D is for State and non State providers of access sites
for trailerable or ``car-top'' boats.
(b) Follow these instructions to complete Part A--BOAT OWNER SURVEY
FOR TIE-UP FACILITIES FOR BOATS 26 FEET OR MORE IN LENGTH:
(1) If the boater owns a boat 26 feet or more in length, ask the
boater to fill out Part A.
(2) If the boater owns more than one boat 26 feet or more in
length, ask the boater to provide information for the boat he or she
uses MOST OFTEN.
(3) If the boater owns at least one boat more than and at least one
boat less than 26 feet in length, ask the boater to fill out both Parts
A and B. And,
(4) You should collect enough information to obtain the sample size
needed to achieve statistical accuracy so the estimate is within 10
percent of the true number.
(c) Follow these instructions to complete Part B--BOAT OWNER SURVEY
FOR TRAILERABLE OR `CAR-TOP' BOAT ACCESS SITES:
(1) If the boater owns a boat less than 26 feet long, ask the
boater to fill out Part B.
(2) If the boater owns more than one boat less than 26 feet long,
ask the boater to provide information for the boat he or she uses most.
(3) If the boater owns at least one boat more than and at least one
boat less than 26 feet in length, ask the boater to complete both Parts
A and B. And,
(4) You should collect enough information to obtain the sample size
needed to achieve statistical accuracy so the estimate is within 10
percent of the true number.
(d) Parts C and D are the transient tie-up facility and boat access
site provider surveys. Part C is for State agency and non State
providers of facilities for boats 26 feet or more in length in the
State. Part D is for State and non State providers of boat access sites
for boats under 26 feet in length.
(e) Follow these instructions to complete Part C--STATE AGENCY AND
NON STATE PROVIDER SURVEY FOR TRANSIENT TIE-UP FACILITIES:
(1) Ask State agency and non State providers of transient
facilities for boats 26 feet or more in length to fill out Part C.
(2) If more than one State agency manages these facilities, send
this survey to all of those agencies.
(3) If the State agency or non State provider awards grants to
others who provide facilities, ask these grantees to respond for these
facilities instead of the State agency or non State provider.
(4) If a State agency or non State provider operates transient
facilities/sites for both nontrailerable and trailerable boats, ask the
provider to fill out both Parts C and D.
(5) Ask State agency and non State providers to identify all
transient tie-up facilities.
(6) For all questions, if you need additional space, make copies of
the appropriate page.
(f) Follow these instructions to complete Part D--STATE AGENCY AND
NON STATE PROVIDER SURVEY FOR TRAILERABLE OR `CAR-TOP' BOAT ACCESS
SITES:
(1) Ask State agency and non State providers of boat access sites
for boats less than 26 feet long to fill out Part D.
(2) Non State providers include the Federal Government, local
government, corporate, private/commercial, etc., providers.
(3) If more than one State agency manages these sites, send this
survey to all of them.
(4) If the State agency or non State provider awards grants to
others who provide sites, ask these grantees to respond for these sites
instead of the State agency or non State provider.
(5) If a State agency or non State provider operates transient
facilities/

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sites for both nontrailerable and trailerable boats, ask the provider
to fill out both Parts C and D.
(6) We prefer that the State agency or non State provider identify
all boat access sites and water-bodies, but if he or she has many sites
and water-bodies, the provider may group the information together
rather than identify each site individually. ``Water-body'' means the
lake, section of river, or specific area of the coast, such as a harbor
or cove, where tie-up facilities or boat access sites are located.
(7) For all questions, if you need additional space, make copies of
the appropriate page.
(g) Following is the survey instrument for Parts A through D:

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Subpart L--Completing the Comprehensive National Assessment

Sec. 86.120 What is the Comprehensive National Assessment?

The Comprehensive National Assessment is a national report
integrating the results of State boat access needs and facility
surveys.

Sec. 86.121 What does the Comprehensive National Assessment do?

The Comprehensive National Assessment determines nationwide the
adequacy, number, location, and quality of public tie-up facilities and
boat access sites for all sizes of recreational boats.

Sec. 86.122 Who completes the Comprehensive National Assessment?

The Service completes the Assessment. We will develop standards in
consultation with the States.

Sec. 86.123 When is the Comprehensive National Assessment due?

The Comprehensive National Assessment is due as follows:
(a) We develop the assessment by February 20, 2001;
(b) The public reviews the assessment by April 5, 2001; and,
(c) We complete the assessment by June 4, 2001.

Sec. 86.124 What are the Comprehensive Assessment products?

The Comprehensive Assessment products are:
(a) A single report, including the following information:
(1) A national summary of all the information gathered by you in
your survey.
(2) A table of States showing the results of the information
gathered.
(3) One-page individual State summaries of the information.
(4) Appendices that include the survey questions, and names,
addresses, and telephone numbers of State contacts.
(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, and how often they boat.
(ii) Boater needs, such as where facilities and sites are now
found, where boaters need new facilities and boat access sites, and
what changes of features boaters need at these facilities and sites.
And,
(iii) Condition of facilities, such as replacement and maintenance
costs.
(b) Summary report abstracting important information from the final
national report. And,
(c) A key findings fact sheet suitable for widespread distribution.

Subpart M--How States Will Complete the State Program Plans

Sec. 86.130 What does the State program plan do?

The State program plan identifies the construction, renovation, and
maintenance of tie-up facilities needed to meet nontrailerable
recreational vessel user needs in the State.

Sec. 86.131 Must I do a plan?

Plans are not required. They are voluntary. However, if you do a
plan, you must complete it following these regulations.

Sec. 86.132 What are the advantages to doing a plan?

Plans provide the information necessary to fully understand the
needs of boaters in your State. The plan will make you more competitive
when you submit grants under this program. We will give you 15 points
for having an approved plan.

Sec. 86.133 What are the plan standards?

You must base State program plans on a recent, completed survey
following the National Framework.

Sec. 86.134 What if I am already carrying out a plan?

You need not develop a program plan if we certify that you have
developed and are carrying out a plan that ensures there are and will
be public boat access adequate to meet the needs of recreational
boaters on your waters.

Sec. 86.135 What is the Service schedule to approve the plans?

The Service schedule is as follows:
(a) You begin developing program plans by September 19, 2000.
(b) You submit plans to our regional office by November 3, 2000.
And,
(c) Our regional office approves State program plans by December 3,
2000.

Sec. 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 facilities and features open to the
public, and their condition.
(c) Identify boat access user needs and preferences and their
desired locations. Include repair, replacement, and expansion needs,
and new tie-up facilities and features needed.
(d) Identify factors that inhibit boating in specific areas, such
as lack of facilities, or conditions attached that inhibit full use of
facilities. Identify strategies to overcome these problems.
(e) Identify current value of tie-up facilities, and maintenance
and replacement costs. And,
(f) Include information about the longevity of current tie-up
facilities.

Sec. 86.137 What variables should I consider?

You should consider the following variables:
(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
to maintain and improve existing facilities, and
(i) Other variables as needed.

Dated: December 16, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-177 Filed 1-19-00; 8:45 am]
BILLING CODE 4310-55-P