[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Proposed Rules]
[Pages 18767-18785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 86
[Docket No. FWS-R9-WSR-2011-0083; FVWF941009000007B-XXX-FF09W11000]
RIN 1018-AW64
Boating Infrastructure Grant Program
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose
changes in the regulations governing the administration of the national
Boating Infrastructure Grant Program (BIG). We are updating the
regulations to reflect changes in policy and practice that have
occurred since the program's inception in 1998. We are also responding
to recommendations received from States carrying out the program, a
Federal advisory committee, and organizations with an interest in the
program. The proposed rule will clarify the current program
requirements, adjust the ranking criteria for competitive awards to
correspond to the priorities in the Sportfishing and Boating Safety Act
of 1998, organize questions and answers to reflect the life cycle of
the grant, and reword and reformat regulations following Federal plain
language policy and current rulemaking guidance.
DATES: We will accept comments received or postmarked on or before May
29, 2012.
ADDRESSES: You may submit comments, identified by docket number FWS-R9-
WSR-2011-0083, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R9-WSR-2011-0083; U.S. Fish and Wildlife Service; Division of
Policy and Directives Management; 4401 North Fairfax Drive, MS 2042-
PDM; Arlington, VA 22203.
Hand Delivery/Courier: U.S. Fish and Wildlife Service;
Division of Policy and Directives Management; 4501 North Fairfax Drive,
Room 2042 PDM; Arlington, VA 22203.
We will not accept email or faxes. All submissions received must
include the agency name and docket number or Regulatory Information
Number (RIN) for this rulemaking. All comments received will be posted
without change to http://www/regulations.gov, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lisa E. Van Alstyne, Wildlife and
Sport Fish Restoration Program, Division of Policy and Programs, U.S.
Fish and Wildlife Service, 703-358-1942.
SUPPLEMENTARY INFORMATION:
Background
Boating is a national pastime recognized for decades as a
recreational activity that also has a strong economic impact. According
to the National Marine Manufacturer's Association Recreational Boating
Statistical Abstract, 2009, boating contributes $30.8 billion in annual
sales and services to the U.S. economy. Studies of recreational boaters
have shown an increase in the number of boats at least
[[Page 18768]]
26 feet long that stay in the water for the entire season and travel
throughout the country's waterways. These boaters contribute an
estimated 16 percent of the overall boating impact to the economy, over
$5 billion annually. The activities of transient recreational boats at
least 26 feet long call for specific accommodations and services for
protecting the environment and enjoyment by the public. The purpose of
the Boating Infrastructure Grant Program (BIG) is to assist States in
addressing the need for more and better facilities to accommodate these
boaters. A recent economic study conducted by the U.S. Fish and
Wildlife Service (Service) estimates the annual positive impact of the
BIG Program in 2009 to be $34.28 million. This impact reflects the
availability of the grants themselves as well as the jobs created to
construct facilities, increased boater traffic, positive economic
impact due to more and easily accessible facilities, overall
improvement to the infrastructure of boating-access facilities, and
connections to communities throughout the United States.
Testimony at a congressional hearing in February 1997 introduced
awareness of the need for more and better boating access and facilities
for recreational boats at least 26 feet long that owners put into the
water for a season and travel from place to place. The testimony and
further research indicated too few, inadequate, or poorly located
facilities available to allow these boaters to travel the United States
navigable waters and access amenities such as dock space, restrooms,
showers, fuel, pumpouts, and harbors of safe refuge, and to link
boaters to cultural, historic, scenic, and natural resources of the
United States.
The Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g-1)
amended the Dingell-Johnson Sport Fish Restoration Act. This amendment
established a Federal grant program to States for developing and
maintaining facilities for transient nontrailerable recreational
vessels at least 26 feet long. These vessels must be operated primarily
for pleasure or leased, rented, or chartered to another for the
latter's pleasure. The priorities in awarding grants are constructing,
renovating, and maintaining facilities; providing for public and
private partnership efforts to develop, maintain, and operate
facilities; and including new and emerging techniques, ideas, products,
and concepts to increase and improve facilities and services.
The Service's Wildlife and Sport Fish Restoration (WSFR) Program
and the partnerships it has fostered manage multiple grant programs.
Among them is BIG, which offers grants to States to build facilities
for eligible transient recreational vessels that support boating,
travel, local economies, and environmental improvement, and enhance
awareness and public satisfaction.
The Service published the BIG final rule in the Federal Register
[66 FR 5282] on January 18, 2001. The Catalog of Federal Domestic
Assistance (CFDA) describes the program at 15.622.
In 2003, the Director of the Service asked the Sport Fishing and
Boating Partnership Council (Council), an advisory group established
according to the requirements of the Federal Advisory Committee Act
(FACA), to undertake a review of BIG and offer recommendations for
improvement. The Council issued its report in June 2005 and offered
recommendations for improvement in program administration; project
application, review and selection; awareness and participation; and
project execution and reporting. We have considered the issues and
recommendations identified in the Council report. This proposed rule
includes changes based on our response to advice offered by the
Council.
We propose to incorporate changes to the rule based on Service
Manual chapter 522 FW 16, ``Preagreement Costs,'' Oct. 13, 2005. The
chapter establishes conditions under which a grantee may incur costs
before the grant start date. It incorporates recommendations of a joint
task force of Federal and State officials.
We will make changes to the rule based on Public Law 111-274,
``Plain Writing Act of 2010'' (October 13, 2010). This Act requires
that we use plain language in all proposed and final rulemaking
documents published in the Federal Register.
The Sportfishing and Boating Safety Act of 1998 required the
Service to develop a National Framework for States to collect
information on existing facilities and the current state of boating
that would allow the Service and States to develop a strategy to
address areas of need. States were to complete a survey, based on the
National Framework, and the Service would use the information to
develop a Comprehensive National Assessment. The Secretary of the
Interior adopted the National Framework for Survey of Boating Access
Needs through a Federal Register notice [65 FR 58284] on September 28,
2000. The Service proposal to implement the survey allowed States to
collect data through several methods and allowed States to choose the
method they used. The Office of Management and Budget (OMB) rejected
the proposal, citing concerns that the variety of data collection
methods would result in the inability of the Service to compile all of
the States' information consistently. Funding constraints have
prevented the Service from developing standardized collection methods
and reporting of this information for States. The current rule contains
detailed information for implementing the survey and reporting. We
propose to remove these sections from the proposed rule. We will give
guidance for the National Framework, State survey, and Comprehensive
National Assessment in the future should the Service receive the
resources needed to pursue the project.
The current rule contains criteria allowing projects to receive
points for completing a State survey based on the National Framework.
As we propose to remove all references to the National Framework and
State survey, we also propose to remove the criterion allowing projects
to receive points for completing a survey. We propose other changes to
the ranking criteria for competitive grants based on Service experience
and recommendations from participants, interested parties, and Service
staff.
Updates to the Regulation
We arrange the sections of the proposed rule into subparts of
related subject matter. The gaps in section numbers between each
subpart allow us to add new sections in the future. We summarize the
changes in the proposed rule by section or by group of sections, and
cross-reference proposed section numbers to the corresponding numbers
in the current version of 50 CFR part 86 as published in the Federal
Register [66 FR 5282] on January 18, 2001. We refer to the 2001 version
of 50 CFR part 86 when we use the term ``current'' before a section
number or before a reference to 50 CFR part 86. Where we change the
format, wording, or both, of a section or topic, but do not change the
content in a major way, we indicate that we make no significant
changes.
We include new terms in the definitions to make the rule easier to
read and understand. We change some definitions in the current rule to
clarify the meanings. We divide the rule into more subparts and
sections to clarify program details.
We remove all references to ``framework,'' ``boat access survey,''
``State plans,'' or any other terms or activities found in the current
``Subpart J--Service Completion of the National Framework,'' ``Subpart
K--How States Will Complete Access Needs Surveys,''
[[Page 18769]]
``Subpart L--Completing the Comprehensive National Assessment,'' and
``Subpart M--How States Will Complete the State Program Plans.'' We do
not have OMB approval or funding to implement the framework, surveys,
assessment, or plans as published in the Federal Register [67 FR 744-
755] on January 7, 2002. We will publish guidance on these topics when
the Service has the resources and approval to implement.
Subpart A--General
Section 86.1 What does this part do?
This proposed section corresponds to the current Sec. 86.10. We
remove references to both the boat access survey and State plans. We
introduce two new terms, ``BIG Basic'' to replace ``Tier 1'', and ``BIG
Competitive'' to replace ``Tier 2'' for identifying the available grant
award types.
Section 86.2 What is the purpose of BIG?
This proposed section corresponds to the current Sec. 86.11. We
make no significant changes.
Section 86.3 What terms do I need to know?
This proposed section corresponds to the current Sec. 86.12. We
give definitions for terms as they apply to BIG that improve reader
understanding of the program and our administration of it. The proposed
section defines the following terms that are not in the corresponding
``Definitions'' section of 86.12: BIG-funded facility, Capital
improvement, Director, Eligible user, Eligible vessel, Facility, Match,
Real property, Regional Office, Scope, Service, and Useful life. We
introduce the terms ``BIG-funded facility'' and ``Facility'' to
differentiate between the components of a facility that receive BIG
funding and to which this part applies, from the rest of the facility.
We define ``Capital improvement'' and apply the term to explain useful
life, the Federal interest in property, and information to include in
the BIG grant application. We introduce the terms ``Eligible vessel''
and ``Eligible user'' so that we do not repeat the term ``transient
nontrailerable recreational vessel at least 26 feet long'' throughout
the rule. We use ``Useful life'' to tell applicants how to follow
guidance in the rule that shows the responsibilities of grantees to
maintain a BIG-funded facility.
We propose to move the section on ``Boating infrastructure'' from
the current Sec. 86.13 and include it as a term in this section. We
expand the term ``Construction'' to include all applicable phases of
construction.
We remove the terms: Proposal, Recreational waters, Survey
instrument, and Tie-up facilities. We include the information for what
is in a ``Proposal'' in the proposed Sec. 86.41 ``How do you apply for
a grant?''. We do not need the terms ``Recreational waters'' and
``Survey instrument'' because we do not use them in the rule. We remove
the term ``tie-up facilities'' because the term is too restrictive and
does not reflect all the eligible activities in BIG.
Subpart B--Program Eligibility
This proposed subpart does not have a corresponding subpart in the
current regulations. We use this subpart to tell grantees and the
public what the basic program requirements are. This subpart lays a
foundation for the subparts that follow. We indicate where we relocate
current sections to this new subpart. We incorporate and expand the
current Sec. 86.15 throughout the subpart.
Section 86.10 Who may apply for a BIG grant?
This proposed section corresponds to the current Sec. 86.14. We
make no significant changes.
Section 86.11 What activities are eligible for funding?
This proposed section corresponds to the current Sec. 86.20. The
section lists only eligible activities. We discuss design features at
Sec. 86.13. We propose to add to the list of eligible activities those
services, equipment, and structures that: (a) Support clean boating and
good environmental practices and (b) make boating infrastructure more
convenient for eligible users.
The Act requires that we consider as a priority those projects that
propose ``innovative ways to increase the availability of facilities.''
We propose new language to allow flexibility so that we may approve
other activities in the future that consider new ideas and
technologies, promote environmental stewardship and awareness, and
benefit the mission of BIG. We explain some eligible activities in
general terms to allow for growth of the program based on our knowledge
and judgment year to year.
Section 86.12 What construction and services does boating
infrastructure include?
This proposed section corresponds to the current Sec. 86.13. We
remove the term ``Safe harbor'' from this section and the rule as a
whole. The public now commonly uses the term to define business or
financial situations that have no connection to boating and are not
applicable to the BIG rule. Where we refer to a place of safety for
boaters in the proposed rule, we use the term ``Harbor of safe
refuge.''
Section 86.13 What design features must a BIG-funded facility have?
We separate the design criteria from the current Sec. 86.20 to
clarify the differences between eligible activities and required design
features. All eligible activities must include the required design
features, but not all design features are eligible activities. BIG
facilities cater to larger boats that contain Marine Sanitation Devices
that may require a pumpout, so pumpout service is an integral part of a
BIG-funded project. However, we will consider waiving the requirement
for a pumpout if: (a) The BIG-funded facility is in an area that does
not have existing utilities to operate a pumpout, (b) the applicant can
demonstrate it is not feasible to install, or (c) there are legal
restrictions that do not allow septic-waste collection facilities in an
area. If we waive the requirement to provide a pumpout facility, we
will require that the grantee post a sign telling boaters they must
hold and dispose of waste properly and indicate where the nearest
pumpout or pumpouts are located.
Section 86.14 How can I receive BIG funds for maintenance?
We add this new proposed section to tell applicants how they can
receive BIG funds for maintenance. BIG Competitive grants are primarily
for construction projects, and grantees must receive funds with the
understanding that they are responsible for the continued maintenance
of the BIG-funded facility for the useful life of the project. Grantees
may propose to include maintenance activities during construction that
support the eligible project, such as painting the existing transient
docks, replacing worn planks, or overhauling the fuel dock. Applicants
may request BIG Basic funding for eligible maintenance at any BIG-
eligible facility any time in the life of the project.
Section 86.15 How can dredging qualify as an eligible activity?
We add this new proposed section to expand on how grantees may use
BIG funding for dredging projects. The primary purpose of BIG is to
construct, renovate, or maintain facilities for eligible users, but
sometimes dredging is necessary to provide access to eligible users. We
establish a funding limit for dredging of no more than 10 percent of
the total BIG-funded project, which
[[Page 18770]]
includes the Federal grant and match. This limit applies to all
activities directly related to dredging. Grantees may pay for
additional costs through other funding sources, but they may not use
their excess contribution toward any other BIG matching requirements.
We limit funding for dredging because it does not produce additional
slips or amenities.
Section 86.16 What activities are ineligible for BIG funding?
This proposed section corresponds to the current Sec. 86.21. We
list ineligible activities and we give other requirements at Sec.
86.16(a)(9) and (b), without which we will consider a project or
activity ineligible. We remove references to plans and surveys. We
remove the 20-year useful-life requirement from the current section and
discuss useful-life requirements at Sec. Sec. 86.74 and 86.75. We
designate as ineligible activities: acquiring land; constructing retail
businesses, parking lots, or roads; administering or managing the
facility; and purchasing or operating boats to transport boaters.
Section 86.17 Who must own the site of a BIG-funded facility?
This proposed section does not have a corresponding section in the
current regulations. We add it to emphasize the information in the
current Sec. 86.20 that allows projects on publicly or privately owned
properties.
Section 86.18 How can I ensure that BIG-funded projects continue to
serve their intended purpose for their useful life?
This proposed section does not have a corresponding section in the
current regulations. We add this section to tell grantees that they
must apply best standards when constructing a project and follow
requirements to protect the State and Federal interest in the BIG-
funded project.
We affirm the obligation of States to record, or ensure that
subgrantees record, the Federal interest in a BIG project and require
notice of certain changes that may occur at the project location during
its useful life.
Section 86.19 What if a project would benefit both eligible and
ineligible users?
This proposed section corresponds to the current Sec. 86.44(b). We
tell a grantee how to assign costs to the BIG-funded project when
components of the project may also include ineligible costs or
benefits.
Subpart C--Federal Funds and Match
We remove references to specific-year funding and dates specific to
the grant cycle. We will publish annual funding and date information in
the annual Request for Applications (RFA).
Section 86.30 What is the source of BIG funds?
We add this new section to inform the public of the source of funds
for BIG and emphasize the participation of anglers and boaters in
supporting the Sport Fish Restoration and Boating Trust Fund.
Section 86.31 How does the Service know how much money will be
available for BIG grants each year?
This proposed section replaces the current Sec. 86.40 and Sec.
86.41 in general terms. We discuss the process rather than specific
amounts.
Section 86.32 What are the match requirements?
This proposed section corresponds to the current Sec. 86.42. We
add that grantees must not use land or any interest in land for match
to emphasize that BIG grants are for boating infrastructure and not
land acquisition. States have access to other Federal grants to buy
land for boating access. We do not allow using the value of existing
structures as match in a BIG project to avoid subsidizing existing
facilities.
Section 86.33 What information must I provide on match commitments and
where do I provide it?
This proposed section does not have a corresponding section in the
current regulations. We explain how grantees must show match and match
commitments in an application. This will allow reviewers to evaluate
the source and value of matching funds more consistently.
Section 86.34 What if a partner is not willing or able to follow
through on a match commitment?
This proposed section does not have a corresponding section in the
current regulations. Match is often associated with partnerships. We
consider partnerships as part of the scoring criteria. We include this
section to tell applicants how changes in contributions provided by a
partner may affect their applications. We emphasize the responsibility
of the grantee to provide the match should the providing partner not be
able or willing to fulfill their commitment. This section also
emphasizes the importance of making sure that partners' commitments are
reliable.
Subpart D--Application for a Grant
We remove the current Sec. 86.50 and Sec. 86.51 that give dates
and specific contacts for sending in grant applications. We will
provide this information in the annual RFA.
Section 86.40 What are the differences between BIG Basic grants and BIG
Competitive grants?
This proposed section replaces the current Sec. 86.53, replaces
some of the information in the current Sec. 86.54, and presents the
information in table form. We introduce new funding limits. BIG Basic
grants will have an annual minimum award of $100,000 per State, but the
minimum award may increase depending on available annual funds. We will
announce the maximum award in each RFA. We will limit BIG Competitive
grants to $1.5 million to allow us to fund more projects. To date, less
than 5 percent of the BIG Competitive projects have exceeded $1.5
million in Federal funds.
Section 86.41 How do I apply for a grant?
This proposed section includes topics discussed in the current
Sec. 86.51. We remove addresses for the Regional Offices and direct
the public to http://www.grants.gov and the annual RFA for detailed
contact information.
Section 86.42 What do I have to include in an application?
This proposed section corresponds to the current Sec. 86.52. We
include general information and refer applicants to http://www.grants.gov and the annual RFA for more guidance.
Section 86.43 What information must I put in the project statement?
This proposed section does not have a corresponding section in the
current regulations. We add this section to improve consistency of
information included in applications, to enable the review and ranking
of applications, and to clarify OMB Circular A-102, ``Grants and
Cooperative Agreements with State and Local Governments.''
Section 86.44 What other documents and information must I include in a
grant application?
We propose this new section to describe the need for BIG
competitive grant applicants to address ranking criteria and provide
maps and drawings to support the proposed project. The section also
emphasizes the requirement
[[Page 18771]]
at the proposed Sec. 86.33 for commitment letters from partners
providing match.
Section 86.45 What if my BIG Competitive project needs more than the
awarded Federal share and required match to complete?
We propose this new section to inform applicants how to apply for
funding if they plan a project that will require more than the $1.5
million Federal share and the required match to complete. We emphasize
that each BIG Competitive grant application must be a discrete project
that meets all grant criteria without considering any other BIG grant
applications. All BIG Competitive grants will compete equally with all
other grant applications, and we will not give preference to an
application based on its connection to another application. If one
project cannot be completed or be successful without the other, we will
either reject it or assign it a low score. States may use BIG Basic
funds to assist projects that have received BIG Competitive funds, or
to complete portions of projects over several years.
Section 86.46 If the Service does not select my application for
funding, can I apply for the same project the following year?
We propose this new section to clarify that if you are unsuccessful
in receiving a grant for a BIG grant one year, you may reapply in
following years.
Section 86.47 What changes can I make in an application after I submit
it?
We propose this new section to emphasize the responsibility of the
applicant to submit a complete application by the due date. We give
details that set clear standards and help avoid any unfair
interpretation in this national program.
Subpart E--Project Selection
This subpart corresponds to the current Subpart F--How the Service
Selects Projects to Receive Grants.
We propose sections 86.52-86.58 to explain the criteria at section
86.51. This will help applicants and the public understand how we view
each ranking criterion.
Section 86.50 Who ranks BIG competitive applications?
This proposed section corresponds to the current Sec. 86.61 with
no significant changes.
Section 86.51 What criteria does the Service use to evaluate BIG
Competitive applications?
This proposed section corresponds to the current Sec. 86.60. We
change the scoring criteria to correspond to the three priorities
Congress established in the original Act. We also change the scoring
system to a sliding scale for each criterion. We base this change on
experience administering BIG and advice from States, a Federal advisory
committee, and boating-related organizations. The current rule does not
consistently allow sliding scales, and reviewers often must score
projects using set points that can negatively affect accurate
assessment of projects. For one current criterion, applicants must
receive at least 1 point even if the criterion does not apply to their
project or they do not address it in the application. This change
allows ranking committee members to consider the need, value,
significance, and benefit when scoring the project. We adjust the
criterion in the current rule that gives preference to projects at
existing marinas to give projects at new locations the ability to rank
well. We continue to emphasize partnerships but expand the criteria in
response to recommendations that asked us to consider the nonmonetary
value of a partner as well as the monetary contributions. The proposed
criteria allow for partnerships in small communities to rank well even
if they do not result in large financial contributions. We also set new
standards for innovation. The intent is to allow reviewers the
flexibility to judge applications based on new technologies and
techniques each year, and to consider different standards for
innovation year-to-year, based on knowledge and availability at the
time of the review.
Section 86.52 What does the Service consider when evaluating a project
under the criterion at Sec. 86.51(a)(1) on the need for more or
improved boating infrastructure?
We propose to emphasize that projects must show a need for new or
expanded facilities. We wish to avoid funding projects in areas that
have sufficient capacity or where eligible boaters are unlikely to
travel.
Section 86.53 What does the Service consider when evaluating a project
under the criterion at Sec. 86.51(a)(2) on boater access to
significant destinations and services that support transient boater
travel?
We propose to consider not only a destination that is likely to
attract boaters, but also access from the BIG-funded facility and how
long the attraction is available. We expand this section to include the
need for services that help transient boaters. A significant
destination, such as a national park or entertainment attraction, may
entice boaters, but if they cannot refuel, stock up on provisions, and
take care of basic needs, then it is unlikely they will go there.
Section 86.54 What does the Service consider under the criterion at
Sec. 86.51(a)(3) on cost-benefit analysis?
We propose to expand on the current criterion (5) that requires a
project to be cost-effective. The current criterion requires a cost-
per-slip analysis that favors construction in an existing marina or
area. We modify this criterion to allow reviewers to look at the cost
of a project in relation to the benefit received. This will allow a
project that costs more per slip because it is new, but is in an area
of great need, to rank well against a project that costs less per slip,
but offers less benefit.
Section 86.55 What does the Service consider when evaluating a project
under the criterion for partners at Sec. 86.51(b)(1)?
We propose to show what applicants must include in their
applications to receive points for partners. Applicants must verify the
commitment of all partners, including subgrantees, by a signed letter
that includes details of the partnership. States, as applicants, are
not partners. Governmental entities are partners only if they
contribute to the project more than required by legal mandate or
administrative assignment. We will allow various types of partners and
consider contributions other than monetary.
Section 86.56 What does the Service consider when evaluating a project
under the criterion for match at Sec. 86.51(b)(2)?
We propose to allow applicants to receive additional points if they
or their partners contribute more than the minimum 25-percent matching
share. This is similar to the current Sec. 86.60(b)(4), but has a
sliding scale instead of the set breakdown of points.
Section 86.57 What does the Service consider when evaluating a project
for improving or maintaining the quality of the local environment under
the criterion at Sec. 86.51(c)(1)?
We propose this new criterion for projects that include components
that improve the local environment or mitigate the impacts of the
project.
[[Page 18772]]
Examples are when applicants propose to:
1. Design or renovate docks to allow more sunlight to pass through,
thus benefitting a local fish or plant habitat;
2. Include a structure in the dock system to nurture juvenile
aquatic life to be released into the larger area; or
3. Renovate a fuel dock to prevent spills.
Section 86.58 What does the Service consider when evaluating a project
for environmental sustainability under the criterion at Sec.
86.51(c)(2)?
We propose this new criterion to encourage using new technologies
and techniques, environmentally sound best-management practices, and
education to produce a project that supports the overall mission of BIG
and the Service.
Section 86.59 What happens after the Director approves projects for
funding?
This proposed section corresponds to the current Sec. 86.62, but
we give further detail on requirements to obligate funding promptly.
Subpart F--Grant Administration
This proposed subpart corresponds to the current ``Subpart G--How
States Manage Grants.'' We propose to include questions and answers to
give grantees a better understanding of their responsibilities once
they receive a BIG grant.
Section 86.70 What standards must I follow when constructing a BIG-
funded facility?
We propose minimum standards for construction and a requirement
that a licensed engineer or architect design construction.
Section 86.71 How much time do I have to complete the work funded by a
BIG grant?
We propose to give a reasonable time frame to complete a BIG
project with a baseline of 3 years from the beginning of the grant
period. The intent of BIG is to award funds so that projects are
completed and available for eligible boater use as soon as possible.
However, sometimes there are delays beyond the control of the grantee,
so we allow justified grant extensions. We include instructions for
grant extensions at Sec. 86.72.
Section 86.72 What if I cannot complete the project during the grant
period?
We propose this new section to tell grantees how they may request
an extension if their project is not completed during the 3-year grant
period. The proposed process allows for two 1-year extensions if
grantees can document progress. We have included a possibility for
further extensions under extreme conditions. We propose this process to
encourage grantees to complete projects promptly.
Section 86.73 What if I need more funds to finish a project?
This proposed section corresponds to the current Sec. 86.74. The
current rule states that a grantee must compete in another grant cycle
if it needs more funds. This suggests that an applicant does not have
the responsibility to complete an awarded project as presented and
could potentially set up a system where grantees might expect extra
funding to finish projects they originally stated they could complete
with requested funds. It also suggests that partial projects can
successfully compete against full projects. BIG is a competitive
program, and when we fund a project through BIG, we expect the grantee
to complete the project as proposed. We reject applications that do not
propose discrete projects. A grantee may not come back and request more
BIG Competitive funds to complete the project. That would be unfair to
applicants that competed unsuccessfully and unfair to grantees that
completed their projects as proposed. Should the grantee need more
money to complete the project, we expect the grantee to find another
source of funding to complete the project. If that is not possible, the
grantee may ask for a change in scope following our guidance.
Section 86.74 How long must I operate and maintain a BIG-funded
facility, and who is responsible for the cost of operation and
maintenance?
This proposed section corresponds to the second sentence of the
current Sec. 86.20(a)(1) and Sec. 86.70(b). We propose that grantees
maintain the BIG project for the useful life specified in the grant
agreement instead of the 20 years in the current rule. We address how a
catastrophic incident may affect useful life.
Section 86.75 How do I determine the useful life of a project?
This proposed section expands on the proposed Sec. 86.74 and tells
applicants what information to consider when they propose a useful life
for their project in the grant application and how we will include the
useful life in the grant agreement.
Section 86.76 How should I credit the BIG program?
This proposed section corresponds to the current Sec. Sec. 86.91
and 86.94. We added a graphic of the Sport Fish Restoration logo in the
proposed rule. Since the current rule was published, the Division of
Federal Aid was renamed the Division of Wildlife and Sport Fish
Restoration. We change recommended crediting language to reflect Sport
Fish Restoration and BIG. We require that you must credit BIG for the
funding.
Section 86.77 How can I use the logo for the BIG program?
This proposed section corresponds to the current Sec. Sec. 86.91-
86.93. We indicate where grantees and subgrantees may use the Sport
Fish Restoration logo. We also state the consequences of unauthorized
use.
Section 86.78 How must I treat program income?
This proposed new section gives the circumstances where program
income requirements would apply to a BIG grant.
Section 86.79 How must I treat income earned after the grant period?
This proposed new section clarifies the requirements for income
earned after the grant period.
Subpart G--Facility Operations and Maintenance
This subpart tells grantees, subgrantees, and operators how a BIG-
funded facility must be operated and maintained.
Section 86.90 How much must an operator of a BIG-funded facility charge
for using the facility?
This proposed section corresponds to the current Sec. 86.31.
According to OMB Circular A-102, ``Grants and Cooperative Agreements
with State and Local Governments,'' grantees must not use grant-
acquired assets to compete unfairly with the private sector. It is
unacceptable for grantees to make money using grant funds by charging
more than the local market. This section tells grantees: (a) How to
propose reasonable fees for BIG-funded projects and (b) that they must
include this information in the grant application.
Section 86.91 May an operator of a BIG-funded facility increase or
decrease user fees during the useful life of the BIG-funded project?
This proposed new section does not correspond to a current section.
It allows the operator of a BIG-funded
[[Page 18773]]
project to increase or decrease fees after the grant period based on
changes in the local market.
Section 86.92 May an operator of a BIG-funded facility limit public
access?
This proposed section corresponds to the current Sec. 86.21(a) and
Sec. 86.30. We propose no significant changes to the public access
requirements. We add a paragraph that allows an operator to limit
access temporarily for emergency or other reasonable purposes.
Section 86.93 May I prohibit overnight use by eligible vessels at a
BIG-funded facility?
This proposed section corresponds in part to the current Sec. Sec.
86.13(b) and 86.20(a)(5)(ii), which discuss day docks as an eligible
activity under BIG. This section allows BIG-funded facilities to be for
day use only if proposed in the application.
Section 86.94 Do I have to include informational signs for eligible
users at BIG-funded facilities?
This proposed section corresponds to the current Sec. 86.90 with
no significant changes.
Subpart H--Revisions and Appeals
Section 86.100 Can I change the information in an application after I
receive a grant?
We propose this new section to inform grantees of the conditions
that apply to postaward changes of information in an application.
Section 86.101 How do I ask for a revision of a grant?
We propose this new section to supplement Sec. 86.100.
Section 86.102 Can I appeal a decision?
This proposed section corresponds to the current Sec. 86.63. There
are no significant changes, but we include additional guidance.
Section 86.103 Can the Director authorize an exception to this part?
This proposed section is new. It supports the authority of the
Director to make exceptions to this rule.
Subpart I--Information Collection
Section 86.110 What are the information-collection requirements of this
part?
This proposed section corresponds to the current Sec. 86.52 and
``Subpart H--Reporting Requirements for the States.'' The proposed
section is more general than the current section to allow this
regulation to stay current if the frequency and level of reporting
change.
Public Comments
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We will not accept
comments sent by email or fax or to an address not listed in ADDRESSES.
Finally, we will not consider hand-delivered comments that we do not
receive, or mailed comments that are not postmarked, by the date
specified in DATES.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal information from
public view, we cannot guarantee that we will be able to do so.
Required Determinations
Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by Public
Law 111-274, ``Plain Writing Act of 2010'' (October 13, 2010), to write
all rules in plain language. This means that each rule we publish must:
a. Be logically organized;
b. Use the active voice to address readers directly;
c. Use clear language rather than jargon;
d. Be divided into short sections and sentences; and
e. Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To help us revise
the rule, your comments should be as specific as possible. For example,
you should tell us the numbers of the sections or paragraphs that you
find unclear, which sections or sentences are too long, the sections
where you feel lists or tables would be useful, etc.
Regulatory Planning and Review (E.O. 12866)
OMB has determined that this rule is not significant and has not
reviewed this rule under E.O. 12866. OMB bases its determination on the
following four criteria:
a. Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
b. Whether the rule will create inconsistencies with other Federal
agencies' actions.
c. Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of recipients.
d. Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
The Regulatory Flexibility Act requires an agency to consider the
impact of proposed rules on small entities, i.e., small businesses,
small organizations, and small government jurisdictions. If there is a
significant economic impact on a substantial number of small entities,
the agency must perform a Regulatory Flexibility Analysis. This is not
required if the head of an agency certifies the rule would not have a
significant economic impact on a substantial number of small entities.
The Small Business Regulatory Enforcement Fairness Act (SBREFA) amended
the Regulatory Flexibility Act to require Federal agencies to state the
factual basis for certifying that a rule would not have a significant
economic impact on a substantial number of small entities.
We have examined this proposed rule's potential effects on small
entities as required by the Regulatory Flexibility Act. We have
determined that the proposed changes do not have a significant impact
and do not require a Regulatory Flexibility Analysis because the
changes:
a. Give information to State fish and wildlife agencies that allows
them to apply for and administer grants more easily, more efficiently,
and with greater flexibility. Only State fish and wildlife agencies may
receive grants in BIG, but small entities sometimes voluntarily become
subgrantees of agencies. Any impact on these subgrantees would be
beneficial.
b. Address changes in law and regulation. This helps grant
applicants and recipients by making the regulation consistent with
current standards. Any impact on small entities that voluntarily become
subgrantees of agencies would be beneficial.
c. Reword and reorganize the regulation to make it easier to
understand. Any impact on the small entities that voluntarily become
subgrantees of agencies would be beneficial.
The Service has determined that the changes primarily affect State
governments. The small entities affected by the changes are primarily
concessioners and subgrantees that
[[Page 18774]]
voluntarily enter into mutually beneficial relationships with an
agency. The impact on small entities would be very limited and
beneficial in all cases.
Consequently, we certify that because this proposed rule would not
have a significant economic effect on a substantial number of small
entities, a Regulatory Flexibility Analysis is not required.
In addition, this proposed rule is not a major rule under SBREFA (5
U.S.C. 804(2)) and would not have a significant impact on a substantial
number of small entities because it does not:
a. Have an annual effect on the economy of $100 million or more.
b. Cause a major increase in costs or prices for consumers;
individual industries; Federal, State, or local government agencies; or
geographic regions.
c. Have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. Ch. 25; Pub. L.
104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. The Act requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of a proposed rule with Federal mandates that may result
in the expenditure by State, local, and tribal governments, in
aggregate, or by the private sector, of $100 million or more (adjusted
annually for inflation) in any 1 year. We have determined the following
under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.):
a. As discussed in the determination for the Regulatory Flexibility
Act, this proposed rule would not have a significant economic effect on
a substantial number of small entities.
b. The regulation does not require a small government agency plan
or any other requirement for expenditure of local funds.
c. The programs governed by the current regulations and enhanced by
the proposed changes potentially assist small governments financially
when they occasionally and voluntarily participate as subgrantees of an
eligible agency.
d. The proposed rule clarifies and enhances the current regulations
allowing State, local, and tribal governments and the private sector to
receive the benefits of grant funding in a more flexible, efficient,
and effective manner.
e. Any costs incurred by a State, local, or tribal government or
the private sector are voluntary. There are no mandated costs
associated with the proposed rule.
f. The benefits of grant funding outweigh the costs. The Federal
Government provides up to 75 percent of the cost of each grant to the
50 States affected by the proposed rule. The Federal Government will
also waive the first $200,000 of match for each grant to the
Commonwealth of the Northern Mariana Islands and the territories of
Guam, the U.S. Virgin Islands, and American Samoa. Of the 50 States and
6 other jurisdictions that voluntarily are eligible to apply for grants
in these programs each year, 95 percent have participated. This is
clear evidence that the benefits of this grant funding outweigh the
costs.
g. This proposed rule would not produce a Federal mandate of $100
million or greater in any year, i.e., it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings
This proposed rule would not have significant takings implications
under E.O. 12630 because it would not have a provision for taking
private property. Therefore, a takings implication assessment is not
required.
Federalism
This proposed rule would not have sufficient Federalism effects to
warrant preparation of a Federalism assessment under E.O. 13132. It
would not interfere with the States' ability to manage themselves or
their funds. We work closely with the States in administration of these
programs, and they helped us identify those sections of the current
regulations in need of change and new issues in need of clarification
through regulation. In drafting the proposed rule, we received comments
from the Sport Fishing and Boating Partnership Council, a nongovernment
committee established under FACA; the States Organization for Boating
Access; the Joint Federal/State Task Force on Federal Assistance
Policy; and individual States.
Civil Justice Reform
The Office of the Solicitor has determined under E.O. 12988 that
the rule would not unduly burden the judicial system and meets the
requirements of sections 3(a) and 3(b)(2) of the Order. The proposed
rule will benefit grantees because it:
a. Updates the regulations to reflect changes in policy and
practice and recommendations received during the past 10 years;
b. Makes the regulations easier to use and understand by improving
the organization and using plain language;
c. Modifies the final rule to amend 50 CFR 86 published in the
Federal Register at 66 FR 5282 on January 18, 2001, based on subsequent
experience; and
d. Adopts recommendations on new issues received from State fish
and wildlife agencies and the Sport Fishing and Boating Partnership
Council since we published the current rule.
Paperwork Reduction Act
We examined the proposed rule under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), and there are no new collections of information
that require OMB approval. The proposed 50 CFR part 86 describes the
Boating Infrastructure Grant Program, including application and
reporting requirements.
OMB has approved Governmentwide standard forms for: (a) Grant
applications (OMB Control No. 4040-0004); (b) certifications related to
authority, capability, and legal compliance (OMB Control Numbers 4040-
0007 and 4040-0009); (c) reports on the status of Federal grant funds
and any program income earned (OMB Control Number 0348-0061); and (d)
reports on real property status and requests for agency instructions on
real property (OMB Control Number 3090-0296).
In addition to the above, OMB approved the following information
collection requirements associated with the BIG Program: (a) Project
statement in support of a grant application, (b) report on progress in
completing a grant-funded project, and (c) request to approve an update
or another change in information provided in a previously approved
application (OMB Control Number 1018-0109).
We may not collect or sponsor and you are not required to respond
to a collection of information unless it displays a current OMB control
number.
National Environmental Policy Act
We have analyzed this rule under the National Environmental Policy
Act, 42 U.S.C. 4321 et seq. and part 516 of the Departmental Manual.
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. An environmental impact
statement/assessment is not required due to the categorical exclusion
for administrative changes provided at 516 DM 8.5A(3).
[[Page 18775]]
Government-to-Government Relationship With Tribes
We have evaluated potential effects on federally recognized Indian
tribes under the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2. We have
determined that there are no potential effects. This proposed rule
would not interfere with the tribes' ability to manage themselves or
their funds.
Energy Supply, Distribution, or Use (E.O. 13211)
E.O. 13211 addresses regulations that significantly affect energy
supply, distribution, and use, and requires agencies to prepare
Statements of Energy Effects when undertaking certain actions. This
rule is not a significant regulatory action under E.O. 12866 and does
not affect energy supplies, distribution, or use. Therefore, this
action is not a significant energy action and no Statement of Energy
Effects is required.
List of Subjects in 50 CFR Part 86
Administrative practice and procedure, Boats and Boating Safety,
Fishing, Grants administration, Grant programs, Harbors, Intermodal
transportation, Marine resources, Natural resources, Navigation
(water), Recreation and recreation areas, Reporting and recordkeeping
requirements, Rivers, Signs and symbols, Vessels, Water resources,
Waterways.
Proposed Regulation Promulgation
For the reasons discussed in the preamble, we propose to amend
title 50 of the Code of Federal Regulations, chapter I, subchapter F,
by revising part 86 to read as follows:
PART 86--BOATING INFRASTRUCTURE GRANT PROGRAM
Subpart A--General
Sec.
86.1 What does this part do?
86.2 What is the purpose of BIG?
86.3 What terms do I need to know?
Subpart B--Program Eligibility
86.10 Who may apply for a BIG grant?
86.11 What activities are eligible for funding?
86.12 What construction and services does boating infrastructure
include?
86.13 What design features must a BIG-funded facility have?
86.14 How can I receive BIG funds for maintenance?
86.15 How can dredging qualify as an eligible activity?
86.16 What activities are ineligible for BIG funding?
86.17 Who must own the site of a BIG-funded facility?
86.18 How can I ensure that BIG-funded projects continue to serve
their intended purpose for their useful life?
86.19 What if a project would benefit both eligible and ineligible
users?
Subpart C--Federal Funds and Match
86.30 What is the source of BIG funds?
86.31 How does the Service know how much money will be available for
BIG grants each year?
86.32 What are the match requirements?
86.33 What information must I provide on match commitments and where
do I provide it?
86.34 What if a partner is not willing or able to follow through on
a match commitment?
Subpart D--Application for a Grant
86.40 What are the differences between BIG Basic grants and BIG
Competitive grants?
86.41 How do I apply for a grant?
86.42 What do I have to include in an application?
86.43 What information must I put in the project statement?
86.44 What other documents and information must I include in a grant
application?
86.45 What if my BIG project needs more than the awarded Federal
share and required match to complete?
86.46 If the Service does not select my application for funding, can
I apply for the same project the following year?
86.47 What changes can I make in an application after I submit it?
Subpart E--Project Selection
86.50 Who ranks BIG Competitive applications?
86.51 What criteria does the Service use to evaluate BIG Competitive
applications?
86.52 What does the Service consider when evaluating a project on
the need for more or improved boating infrastructure?
86.53 What does the Service consider when evaluating a project on
boater access to significant destinations and services that support
transient boater travel?
86.54 What does the Service consider on benefits to eligible users
that justify the cost of the project?
86.55 What does the Service consider when evaluating a project for
partnerships?
86.56 What does the Service consider when evaluating a project that
includes greater than the minimum match?
86.57 What does the Service consider when evaluating a project for
improving or maintaining the quality of the local environment?
86.58 What does the Service consider when evaluating a project for
environmental sustainability?
86.59 What happens after the Director approves projects for funding?
Subpart F--Grant Administration
86.70 What standards must I follow when constructing a BIG-funded
facility?
86.71 How much time do I have to complete the work funded by a BIG
grant?
86.72 What if I cannot complete the project during the grant period?
86.73 What if I need more funds to finish a project?
86.74 How long must I operate and maintain a BIG-funded facility,
and who is responsible for the cost of operation and maintenance?
86.75 How do I determine the useful life of a project?
86.76 How should I credit the BIG program?
86.77 How can I use the logo for the BIG program?
86.78 How must I treat program income?
86.79 How must I treat income earned after the grant period?
Subpart G--Facility Operations and Maintenance
86.90 How much must an operator of a BIG-funded facility charge for
using the facility?
86.91 May an operator of a BIG-funded facility increase or decrease
user fees during the useful life of the BIG-funded project?
86.92 May an operator of a BIG-funded facility limit public access?
86.93 May I prohibit overnight use by eligible vessels at a BIG-
funded facility?
86.94 Do I have to include informational signs for eligible users at
BIG-funded facilities?
Subpart H--Revisions and Appeals
86.100 Can I change the information in an application after I
receive a grant?
86.101 How do I ask for a revision of a grant?
86.102 Can I appeal a decision?
86.103 Can the Director authorize an exception to this part?
Subpart I--Information Collection
86.110 What are the information-collection requirements of this
part?
Authority: 16 U.S.C. 777c, g, and g-1.
Subpart A--General
Sec. 86.1 What does this part do?
(a) This part of the Code of Federal Regulations tells States how
they may apply for and receive grants from the Boating Infrastructure
Grant program (BIG) Basic and Competitive subprograms. The differences
between these two subprograms are described at Sec. 86.40.
(b) The terms you and your refer to a State agency that applies for
or receives a BIG grant. You may also apply to a subgrantee with which
a State agency has a formal agreement to construct, operate, or
maintain a project.
(c) The terms we, us, and our refer to the U.S. Fish and Wildlife
Service.
Sec. 86.2 What is the purpose of BIG?
The purpose of BIG is to:
(a) Construct, renovate, and maintain boating infrastructure
facilities for
[[Page 18776]]
transient recreational vessels at least 26 feet long; and
(b) Produce and distribute information and educational materials
about BIG-funded boating infrastructure facilities.
Sec. 86.3 What terms do I need to know?
For the purposes of this part, we define these terms:
BIG-funded facility means only the part of a facility that we fund
through a BIG grant.
Boating infrastructure means all of the structures, equipment,
accessories, and services that are necessary or desirable for a
facility to accommodate eligible vessels.
Capital improvement means:
(1) A new structure that costs at least $25,000 to build; or
(2) Altering, renovating, or repairing an existing structure if it
increases the structure's useful life by 10 years or if it costs at
least $25,000.
Construction means the act of building or significantly altering,
renovating, or repairing a structure. Acquiring, clearing, and
reshaping land and demolishing structures are types or phases of
construction. Examples of structures are buildings, docks, piers,
breakwaters, and slips.
Director means:
(1) The person whom the Secretary of the Interior:
(i) Appointed as the chief executive official of the U.S. Fish and
Wildlife Service; and
(ii) Delegated authority to administer BIG nationally; or
(2) A deputy or another person who exercises the Director's
Servicewide authority.
Eligible user means an operator or passenger of an eligible vessel.
Eligible vessel means a transient recreational vessel at least 26
feet long. The term includes vessels that are owned, loaned, rented, or
chartered. The term does not include commercial vessels that dock or
operate from a permanent location or that routinely transport
passengers on a prescribed route, such as cruise ships, dive boats, and
ferries.
Facility means the structures, equipment, and operations that:
(1) Provide services to boaters at one location; and
(2) Are under the control of a single operator or business
identified in the project application.
Grant means an award of money, the principal purpose of which is to
transfer funds from a Federal agency to a grantee to support or
stimulate an authorized public purpose and includes the matching cash
and any matching in-kind contributions.
Maintenance means keeping structures or equipment in a condition to
serve the intended purpose. It does not include routine activities such
as janitorial work.
Match means the portion of the costs of a grant-funded project or
projects not borne by the Federal Government, unless a Federal statute
authorizes such match, including the value of any in-kind
contributions.
Navigable waters means waters that are deep and wide enough for the
passage of eligible vessels.
Operation means activities that allow a project or parts of a
project to perform their function on a daily basis.
Project means one or more related activities that are eligible for
BIG funding and, in the case of a construction project, occur at only
one facility.
Real property means one, several, or all interests, benefits, and
rights inherent in owning a parcel of land or water and includes
anything physically and firmly attached to it by natural or human
action. Examples of real property include fee and leasehold interests,
easements, fixed docks, piers, breakwaters, buildings, utilities, and
fences.
Regional Office means the main administrative office of one of the
Service's geographic Regions in which a BIG-funded project is located.
Each Regional Office has a:
(1) Regional Director appointed by the Director to be the chief
executive official of the Region and authorized to administer Service
activities in the Region, except for those handled directly by the
Service's Washington Office; and
(2) Division of Wildlife and Sport Fish Restoration (WSFR) or its
equivalent that administers BIG grants.
Renovate means to rehabilitate all or part of a facility to restore
it to its intended purpose or to expand its purpose to allow use by
eligible vessels or eligible users.
Scope of a project means the purpose, objectives, approach, and
results or benefits expected including the useful life of any capital
improvement.
Service means the U.S. Fish and Wildlife Service.
State means any State of the United States, the Commonwealths of
Puerto Rico and the Northern Mariana Islands, the District of Columbia,
and the territories of Guam, the U.S. Virgin Islands, and American
Samoa.
Transient means traveling through and staying at a single facility
up to 10 days.
Useful life means the period during which a BIG-funded capital
improvement is capable of fulfilling its intended purpose with adequate
routine maintenance. See Sec. Sec. 86.74 and 86.75.
Subpart B--Program Eligibility
Sec. 86.10 Who may apply for a BIG grant?
One agency in each eligible State may apply for a BIG grant if
authorized to do so by:
(a) A Statute or regulation of the eligible jurisdiction;
(b) The Governor of the State, Commonwealth, or territory; or
(c) The Mayor of the District of Columbia.
Sec. 86.11 What activities are eligible for funding?
(a) The following activities are eligible for BIG funding if they
are for eligible users or eligible vessels:
(1) Construct, renovate, or maintain publicly or privately owned
boating infrastructure (see Sec. 86.12) following the requirements at
Sec. 86.13.
(2) Conduct activities necessary to construct boating
infrastructure, such as:
(i) Engineering, economic, environmental, or feasibility studies or
assessments; and
(ii) Planning, permitting, and contracting.
(3) Dredge a channel, boat basin, or other boat passage following
the requirements at Sec. 86.15.
(4) Install navigational aids to give transient vessels safe
passage between a facility and navigable channels or open water.
(5) Offer services that support clean boating and good
environmental practices at facilities.
(6) Produce information and educational materials such as charts,
cruising guides, brochures, and public communication pertaining to
specific activities or accomplishments of a BIG project or the BIG
program.
(7) Administer BIG Statewide using BIG Basic grant awards,
including coordinating and monitoring to ensure BIG-funded facilities
are well constructed, meet project objectives, and serve the intended
purpose for the useful life of the project.
(b) Other activities may qualify for BIG funding, subject to our
approval, if they achieve the purposes of BIG as described at Sec.
86.2.
Sec. 86.12 What construction and services does boating infrastructure
include?
Boating infrastructure may include:
(a) Boat slips, piers, mooring buoys, floating docks, dinghy docks,
day docks, and other structures for boats to tie-up and gain access to
the shore or services.
[[Page 18777]]
(b) Fuel stations, restrooms, showers, utilities, and other
amenities for transient-boater convenience.
(c) Lighting, communications, buoys, beacons, signals, markers,
signs, and other means to support safe boating and provide information
to assist boaters.
(d) Breakwaters, sea walls, and other physical improvements to
allow an area to offer a harbor of safe refuge. A harbor of safe refuge
is an area that gives eligible vessels protection from storms. The
facility must offer a place to secure eligible vessels and provide
access to provisions and communication for eligible users.
(e) Pumpouts, oil recycling, bilge-water cleaning, absorbent fuel
collars, and other services and structures that support clean and safe
boating.
Sec. 86.13 What design features must a BIG-funded facility have?
(a) At project completion, a BIG-funded facility must:
(1) Be open to eligible users and operated and maintained for its
intended purpose for its useful life;
(2) Clearly designate eligible uses and inform the public of
restrictions;
(3) Offer security, safety, and service for eligible users and
vessels;
(4) Be accessible by eligible vessels on navigable waters;
(5) Allow public access as described at Sec. 86.92;
(6) Have docking or mooring sites with water access at least 6 feet
deep at the lowest tide or fluctuation; and
(7) Have an operational pumpout station if:
(i) Eligible vessels stay overnight; and
(ii) Available pumpout service is not located within 2 nautical
miles; or
(iii) State or local laws require one on site.
(b) We may waive the pumpout requirement if the grantee
demonstrates that installing a pumpout would be a hardship due to lack
of utilities or other difficult obstacles, or that State or local law
does not allow septic-waste disposal facilities at the location.
(c) If we waive the pumpout requirement, the BIG-funded facility
must post a sign that tells boaters:
(1) The requirement to hold and dispose of septic waste; and
(2) Where they can find the nearest pumpout station or stations.
86.14 How can I receive BIG funds for maintenance?
(a) For BIG Competitive and BIG Basic grants, you may request BIG
funds for maintenance if the maintenance activities:
(1) Are a one-time cost; and
(2) Do not extend past the grant period.
(b) For BIG Basic grants, you may also request BIG funds for
continued maintenance costs at BIG-eligible facilities.
(c) Facilities need not have received BIG funds in the past.
Sec. 86.15 How can dredging qualify as an eligible activity?
(a) Dredging can qualify as an eligible activity under the grant if
the costs for the dredging-related activities do not exceed 10 percent
of total BIG project costs.
(b) When the project is completed, the BIG-funded dredged area
must:
(1) Have navigable water at least 6 feet deep at lowest tide or
fluctuation;
(2) Allow safe, accessible navigation by eligible vessels to, from,
and within the BIG-funded facility; and
(3) Allow eligible vessels to dock safely and securely at transient
slips.
(c) You must show in the application that:
(1) Dredging is needed to fulfill the purpose and objectives of the
proposed project; and
(2) You have divided the dredging costs equitably between the
expected use by eligible vessels and ineligible vessels.
(d) You must certify in the application that you have enough
resources to maintain the dredged area at the approved width and depth
for the useful life of the BIG-funded project.
Sec. 86.16 What activities are ineligible for BIG funding?
(a) These activities or costs are ineligible for BIG funding:
(1) Law enforcement.
(2) Direct administration and operation of the facility, such as
salaries, utilities, and janitorial maintenance.
(3) Developing a State plan to construct, renovate, or maintain
boating infrastructure.
(4) Acquiring land or any interest in land.
(5) Constructing, renovating, or maintaining roads or parking lots.
(6) Constructing, renovating, or maintaining boating infrastructure
facilities for:
(i) Shops, stores, food service, other retail businesses, or
lodging;
(ii) Facility administration or management, such as a
harbormaster's or dockmaster's office; or
(iii) Transportation, storage, or services for boats on dry land,
such as dry docks, haul outs, and maintenance and repair shops.
(7) Purchasing or operating service boats to transport boaters to
and from mooring areas.
(8) Marketing, which is an activity that promotes a product to
interested customers for the benefit of the facility. It includes a
strategy for sales techniques, business communication, and business
development. A business uses marketing to identify, satisfy, and keep a
customer.
(9) Constructing, renovating, or maintaining boating infrastructure
that does not:
(i) Include design features as described at Sec. 86.13;
(ii) Serve eligible vessels or users; or
(iii) Allow access by the general public as described at Sec.
86.92.
(b) Other activities may be ineligible for BIG funding if they are
inconsistent with the:
(1) Purpose of BIG as described at Sec. 86.2; or
(2) Applicable Cost Principles at 2 CFR part 225 or 230.
Sec. 86.17 Who must own the site of a BIG-funded facility?
(a) You, a subgrantee, or another entity approved by us must own or
have a legal right to operate the site of a BIG-funded facility. You
must be able to show that your contractual arrangements with the owner
of the site will ensure that the owner will use the BIG-funded facility
for its authorized purpose for the useful life of the BIG-funded
project.
(b) Subgrantees or contractors may be a local or tribal government,
a nonprofit organization, a commercial enterprise, or an individual.
(c) Subgrantees that are commercial enterprises are subject to:
(1) 43 CFR 12 subpart F for grant administrative requirements; and
(2) Any future regulations that supplement or replace that subpart.
Sec. 86.18 How can I ensure that BIG-funded projects continue to
serve their intended purpose for their useful life?
(a) When you design and build your project, you must consider:
(1) The features and location of your project in reference to the
geological, geographic, and climatic factors that may have an impact on
the useful life of the project; and
(2) The best reasonably available materials and technology.
(b) You must record the Federal interest in real property that
includes a BIG-funded capital improvement according to the assurances
required in the application and guidance from the Regional WSFR
Division.
(c) You must require that subgrantees record the Federal interest
in real property that includes a BIG-funded capital improvement.
[[Page 18778]]
(d) You must notify subgrantees that they must not alter the
ownership, purpose, or use of the BIG-funded facility as described in
the project statement without approval from you and the WSFR Regional
Office.
(e) You may impose other requirements on subgrantees, as allowed by
law, to reduce State liability for the BIG-funded project. Examples
are: insurance, deed restrictions, and a security interest agreement.
Sec. 86.19 What if a project would benefit both eligible and
ineligible users?
You may assign 100 percent of the project costs to the BIG grant if
the project and each discrete element of the project benefit only
eligible users. If a proposed project or a discrete element of a
project would benefit both eligible and ineligible users:
(a) You must divide costs equitably between eligible and ineligible
users, even if the benefits for ineligible users are incidental to the
objectives of the project. You must assign to the BIG grant only the
share of costs that benefits eligible users.
(b) You must not assign any share of the costs to the BIG grant if
the project or a discrete element of the project does not benefit
eligible users.
(c) You must consider placement of facilities for eligible users
and the potential for attracting ineligible users. An example would be
transient dock space near a boat ramp that ineligible users could view
as a courtesy dock. Any facilities with a potential dual purpose must
either divide costs following the guidance at paragraph (e) of this
section or post restrictions following the requirements at Sec. 86.94.
(d) You must consider the number of months per year that the BIG-
funded project will be available to eligible users.
(e) The following table shows how to apply paragraphs (a) through
(d) of this section:
----------------------------------------------------------------------------------------------------------------
If a discrete element of a project
benefits. . . Then. . .
----------------------------------------------------------------------------------------------------------------
(1) Only eligible users................ Assign 100 percent of the costs to BIG.
(2) Both eligible and ineligible users. Divide costs equitably by the method described in the annual Request
for Applications at http://www.grants.gov.
(3) Only ineligible users.............. Assign 0 percent of the costs to BIG.
----------------------------------------------------------------------------------------------------------------
(f) You must clearly post the details of eligible- and ineligible-
user access following the guidance at Sec. 86.94.
(g) You must explain in the project statement the basis or method
you use to assign costs between eligible and ineligible users. We
reject applications that do not divide costs equitably between eligible
and ineligible users.
Subpart C--Federal Funds and Match
Sec. 86.30 What is the source of BIG funds?
(a) BIG receives Federal funding as a percentage of the annual
revenues to the Sport Fish Restoration and Boating Trust Fund (Trust
Fund) [26 U.S.C. 4161(a), 4162, 9503(c), and 9504].
(b) The Trust Fund receives revenue from sources including:
(1) Excise taxes paid by manufacturers on sportfishing equipment
and electric outboard motors;
(2) Fuel taxes attributable to motorboats and nonbusiness use of
small-engine power equipment; and
(3) Import duties on fishing tackle, yachts, and pleasure craft.
Sec. 86.31 How does the Service know how much money will be available
for BIG grants each year?
(a) We estimate funds available for BIG grants each year when we
issue a Request for Applications (RFA) at http://www.grants.gov. We
base this estimate on the revenue projected for the Trust Fund.
(b) We calculate the actual amount of funds available for BIG
grants based on tax collections, the funds carried over from previous
fiscal years, and available unobligated BIG funds.
Sec. 86.32 What are the match requirements?
(a) The Act requires that the State or another non-Federal partner
must pay at least 25 percent of eligible and allowable project costs.
We must waive the first $200,000 of the required match for each grant
to the Commonwealth of the Northern Mariana Islands and the territories
of American Samoa, Guam, and the U.S. Virgin Islands (48 U.S.C.
1469(a)).
(b) Match may be cash contributed during the funding period or in-
kind contributions of personal property, structures, and services
including volunteer labor contributed during the grant period.
(c) Match must be:
(1) Necessary to achieve project objectives;
(2) From a non-Federal source, unless you show that a Federal
statute authorizes the specific Federal source for use as match; and
(3) Consistent with the applicable sections of:
(i) Uniform Administrative Requirements for Grants and Agreements
at 43 CFR 12.64 and 43 CFR 12.923;
(ii) Applicable Cost Principles at 2 CFR parts 225 or 230; and
(iii) Any regulations or policies that may replace or supplement
requirements at paragraphs (c)(3)(i) and (ii) of this section.
(d) Match must not include:
(1) An interest in land or water;
(2) The value of any structure completed before the beginning of
the funding period;
(3) Costs or in-kind contributions that have been or will be
counted as satisfying the cost-sharing or match requirement of another
Federal grant, a Federal cooperative agreement, or a Federal contract,
unless authorized by Federal statute; or
(4) Any funds received from another Federal source, unless
authorized by Federal statute.
Sec. 86.33 What information must I provide on match commitments and
where do I provide it?
(a) You must provide information on the amount and the source of
match for your BIG application on the standard grant application form
available at http://www.grants.gov.
(b) You must also provide information on:
(1) Your match commitment in the project statement under ``Match
and Other Contributions;'' and
(2) A subgrantee's or other third party's match commitment in the
project statement under ``Match and Other Contributions'' and by
attaching to the application package a letter signed by the third
party's authorized representative.
(c) In providing the information required at paragraphs (b)(1) and
(2) of this section, you must:
(1) State the amount of matching cash;
(2) Describe any matching in-kind contributions;
(3) State the estimated value of any in-kind contributions; and
(4) Explain the basis of the estimated value.
[[Page 18779]]
Sec. 86.34 What if a partner is not willing or able to follow through
on a match commitment?
(a) If you discover that a partner is not willing or able to meet a
match commitment, you must either:
(1) Replace the original partner with another partner and provide
us with a letter of commitment from the new partner; or
(2) Provide either cash or an in-kind contribution that at least
equals the value and achieves the same objective as the partner's
original commitment of cash or in-kind contribution.
(b) You must notify us of any changes in your application related
to partners before a grant award. Failure to notify us that a
contributing partner has withdrawn its support may make your project
ineligible.
(c) You must notify us of any changes in partner contributions
after an award following the provisions at Sec. 86.100.
(d) If you discover that a partner is not willing or able to meet a
match commitment and you do not have enough money to complete the
project, you must follow the requirements at Sec. Sec. 86.73 and
86.100.
Subpart D--Application for a Grant
Sec. 86.40 What are the differences between BIG Basic grants and BIG
Competitive grants?
Comparison of BIG Basic and Competitive Grants
------------------------------------------------------------------------
BIG basic BIG competitive
------------------------------------------------------------------------
(a) What activities are Those listed at Sec. Those listed at Sec.
eligible for funding? 86.11. 86.11.
(b) What is the amount of Each year we make at Up to $1.5 million.
Federal funds I can receive least $100,000
in one BIG grant? available to each
State. States may
request any amount
up to the annual
funding limit. We
decide annual
funding limits
based on the total
funds available for
BIG. We announce
each year in http://www.grants.gov the
amount of Federal
funds you can
receive.
(c) How many applications We will accept only No limit.
can I submit each year? one per State, but
it may contain
multiple projects.
(d) How does the Service We fund one eligible We score each
choose applications for grant per State up application
funding? to the maximum according to
annual amount ranking criteria at
available. Sec. 86.51. We
recommend
applications with
the highest scores
to the Director.
The Director
selects the
applications for
award.
------------------------------------------------------------------------
Sec. 86.41 How do I apply for a grant?
(a) You apply for a grant by submitting an application to:
(1) http://www.grants.gov, Catalog of Federal Domestic Assistance
(CFDA) 15.622; or
(2) Regional Director, at the address listed in the annual RFA and
available at http://www.grants.gov for the Regional Office responsible
for Service activities in the State where your project is located.
(b) Regional Office addresses are in the annual RFA at http://www.grants.gov, CFDA 15.622.
(c) If you send an application to the Regional Director, you may
send it by any means authorized in the annual RFA at http://www.grants.gov.
(d) The director of your agency or an authorized representative
must certify all standard forms submitted in the application process,
in the format designated by the Service.
(e) If your State supports Executive Order 12372, Intergovernmental
Review of Federal Programs, you must send copies of all standard forms
and supporting information to the State Clearinghouse or Single Point
of Contact before sending it to the Regional Director.
Sec. 86.42 What do I have to include in an application?
(a) When you submit a BIG application you must include standard
forms, budget information, a BIG project statement, documents, maps,
images, and other information asked for in the annual RFA at http://www.grants.gov, CFDA 15.622 in the format requested.
(b) After we review your application, any responses to our requests
to give more information or to clarify information become part of the
application.
(c) After we award your project, you must include supporting
documentation explaining how the proposed work complies with applicable
laws and regulations and identify permits, evaluations, and reviews you
will need to obtain in order to complete the project.
(d) Substantial misrepresentations of the information you give in
an application may be a reason for us to:
(1) Consider your application ineligible; or
(2) Terminate your grant agreement.
Sec. 86.43 What information must I put in the project statement?
You must put the following information in the project statement:
(a) Need. Explain why the project is necessary and how it fulfills
the purpose of BIG stated at Sec. 86.2. To support the need for the
project you must:
(1) Describe existing facilities available for eligible vessels
near the proposed project. Include relevant details, such as the number
of transient slips and the amenities for eligible users.
(2) Describe how the proposed project fills a need or offers a
benefit not offered by the existing facilities identified at paragraph
(a)(1) of this section.
(3) Give information to support the number of transient boats
expected to use the area of the proposed project and show that the
existing facilities identified at paragraph (a)(1) of this section are
not enough to support them.
(b) Purpose and objectives. State the purpose and objectives. The
purpose states the desired outcome of the proposed project in general
or abstract terms. The objectives state the desired outcome of the
proposed project in terms that are specific and quantified.
(c) Results or benefits expected. (1) Describe the capital
improvement, services, or other products that will result from the
project, and the purpose of each of these.
(2) Describe how the structures, services, or other products will:
(i) Satisfy the need described at paragraph (a) of this section;
and
(ii) Benefit eligible users.
(d) Approach. (1) Describe the methods used to achieve the
objectives. Show that you will use sound design and proper procedures.
Include enough information for the Service to make a preliminary
assessment of compliance needs.
[[Page 18780]]
(2) Give the name, contact information, qualifications, and role of
each known contractor or subgrantee.
(3) Explain how you will exercise control to ensure the BIG-funded
facility continues to fulfill its authorized purpose during the useful
life of the BIG-funded project.
(e) Useful life. State the useful life in years of the capital
improvements for the proposed project. Explain how you determined the
useful life of each capital improvement. You must reference a generally
accepted method used to determine useful life of a capital improvement
valued at $100,000 or more. See Sec. Sec. 86.74 and 86.75.
(f) Geographic location. State the location using Global
Positioning System (GPS) coordinates in the format requested in the
annual RFA at http://www.grants.gov. State the local jurisdiction
(county, town, city, or equivalent), street address, and water body
associated with the project.
(g) Budget narrative. Provide costs and additional information
sufficient to show that the project will have benefits that justify the
costs. State the percent of project costs that benefit eligible users.
Describe any item that requires the Service's approval and estimate its
cost or value. Examples are preaward costs and dredging.
(h) Match and other partner contributions. See Sec. Sec. 86.32 and
86.33 for required information.
(i) Fees and program income, if applicable. (1) See Sec. 86.90 for
the information that you must include on the estimated fees that an
operator will charge during the useful life of the BIG-funded project.
(2) See Sec. Sec. 86.78 and 86.79 for an explanation of how you
may use program income. If you determine that your project will
generate program income during the grant period, you must:
(i) Estimate the amount of program income that the project is
likely to generate; and
(ii) Indicate how you will apply program income to Federal and non-
Federal outlays.
(j) Multipurpose projects and equitable costs for BIG-funded
facilities. You must explain the method used to divide costs equitably
between estimated benefits for eligible and ineligible users. Your
division of costs must be consistent with the requirements at Sec.
86.19.
(k) Relationship with other grants. Describe the relationship
between this project and other work funded by Federal and non-Federal
grants that is planned, expected, or in progress.
(l) Timeline. Describe significant milestones in completing the
project and any accomplishments to date.
(m) Grantee's contact. Record the name, work address, and work-
telephone number of your representative for day-to-day issues on the
project.
Sec. 86.44 What other documents and information must I include in a
grant application?
(a) You must include in all BIG applications:
(1) Maps, such as:
(i) A small State map that shows the general location of the
project;
(ii) A local map that shows the facility location and the nearest
community, public road, and navigable water body; and
(iii) Any other map that supports the information in the project
statement.
(2) For construction projects, support the description of your
project by including images that show existing structures and
facilities, the proposed BIG project, and information related to your
project such as distances, number of slips, and functions.
(3) Letters of commitment from partners, if applicable, using the
guidance at Sec. 86.33. (4) Any other documents requested in the
annual RFA or needed to support your proposed project.
(b) In BIG Competitive applications, you must respond to each of
the questions addressing the ranking criteria at Sec. 86.51 in the
order in which the questions appear in the table. We publish the
questions for these criteria in the annual RFA at http://www.grants.gov. In answering each question, you must include the
information at Sec. Sec. 86.52 through 86.58 and any additional
information requested in the annual RFA.
Sec. 86.45 What if my BIG project needs more than the awarded Federal
share and required match to complete?
(a) If you plan a project that you cannot complete with the amount
of the Federal award and the required match, you may:
(1) Find other sources of funds to complete the project;
(2) Combine BIG Basic and BIG Competitive funding to complete a
project at a single location; or
(3) Divide your larger project into smaller, distinct, stand-alone
projects and apply for more than one BIG grant, either in the same year
or in different years. One project cannot depend on the completion of
another.
(b) For BIG Competitive grants, we review and rank each application
individually, and each must compete with other applications for the
same award year.
(c) If you receive a BIG grant for one of your applications, we do
not give preference to other applications you submit.
Sec. 86.46 If the Service does not select my application for funding,
can I apply for the same project the following year?
If we do not select your BIG application for funding, you can apply
for the same project the following year or in later years.
Sec. 86.47 What changes can I make in an application after I submit
it?
(a) After you submit your application, you can add information or
make changes up to the date and time that the applications are due.
(b) After the due date of the applications and before we announce
successful applicants, you can add information or make a change in your
application only if it does not affect the scope of the project and
would not affect the score of the application. If we discover that part
of an application contains activities that we cannot fund with a BIG
grant, we will determine on a case-by-case basis if we will consider
the remainder of the application for funding. We may ask the applicant
to change the useful life of the BIG project during this period
following guidance at Sec. 86.75.
(c) You must inform us of any incorrect information in an
application as soon as you discover it, either before or after
receiving an award.
(d) We may ask you at any point in the application process to:
(1) Clarify, correct, explain, or supplement data and information
in the application;
(2) Justify the eligibility of a proposed activity; or
(3) Justify the allowability of proposed costs or in-kind
contributions.
(e) If you do not respond fully to our questions at paragraph (d)
in this section in the time allotted, we will not consider your
application for funding.
(f) If funding is limited and we cannot fully fund your project, we
may tell you the amount of available funds and ask you if you wish to
adjust your application to reduce the amount of funding requested.
Subpart E--Project Selection
Sec. 86.50 Who ranks BIG Competitive applications?
We assemble a panel of our professional staff to review, rank, and
recommend applications for funding to the Director. This panel may
include
[[Page 18781]]
representatives from our Regional Offices, with Washington Office staff
overseeing the review, ranking, and recommendation process. Following
the requirements of the Federal Advisory Committee Act (5 U.S.C.
Appendix), the Director may invite nongovernmental organizations and
other non-Federal entities to take part in an advisory panel to make
recommendations to the Director.
Sec. 86.51 What criteria does the Service use to evaluate BIG
Competitive applications?
Our panel of professional staff and an advisory panel of
nongovernmental organizations evaluate BIG Competitive applications
using the ranking criteria in the following table and assigning points
within the range for each criterion. We may supplement these criteria
in the annual RFA on http://www.grants.gov.
------------------------------------------------------------------------
Ranking criteria Points
------------------------------------------------------------------------
(a) Boating Infrastructure........... 50 percent of total possible
points.
(1) Will the proposed boating 0-30.
infrastructure meet a need for
more or improved facilities?.
(2) Will the proposed boating 0-10.
infrastructure accommodate
boater access to significant
destinations and services that
support transient boater travel?.
(3) Will eligible users receive 0-10.
benefits from the proposed
boating infrastructure that
justify the cost of the project?.
(b) Partnerships..................... 30 percent of total possible
points.
(1) Will the proposed project 0-15.
include private or public
partnerships to develop,
renovate, maintain, or operate
facilities?.
(2) Will the proposed project 0-15.
include private, local, or other
State funds greater than the
required minimum match?.
(c) Environment...................... 20 percent of total possible
points.
(1) Will the proposed project 0-10.
improve or maintain the quality
of the local environment?.
(2) Will the proposed project 0-10.
include physical components or
activities that improve the
environmental sustainability of
the facility?
(d) Total possible points............ 100.
------------------------------------------------------------------------
Sec. 86.52 What does the Service consider when evaluating a project
on the need for more or improved boating infrastructure?
In evaluating a proposed project under the criterion at Sec.
86.51(a)(1) on the need for more or improved boating infrastructure
facilities, we consider whether the project will:
(a) Construct new boating infrastructure in an area that lacks
these facilities, but where eligible vessels now travel or would travel
if the project were completed;
(b) Renovate a facility to:
(1) Improve its physical condition;
(2) Comply with local building codes;
(3) Improve generally accepted safety standards; or
(4) Adapt it to a new purpose for which there is a demonstrated
need;
(c) Expand an existing marina or mooring site that is unable to
accommodate current or projected demand by eligible vessels; or
(d) Produce other improvements to accommodate a demonstrated
eligible need.
Sec. 86.53 What does the Service consider when evaluating a project
on boater access to significant destinations and services that support
transient boater travel?
In evaluating a proposed project under the criterion at Sec.
86.51(a)(2) on boater access, we consider the degree of access that the
BIG-funded facility will give, the significance of the destination, and
the services available in the area to support eligible users.
Sec. 86.54 What does the Service consider on benefits to eligible
users that justify the cost of the project?
We consider these factors in evaluating a proposed project under
the criterion at Sec. 86.51(a)(3) on benefits for eligible users that
justify the cost of the project:
(a) Total cost of the project;
(b) Total benefits available to eligible users upon completion of
the project; and
(c) Credibility of the data and information used to determine
benefits relative to costs.
Sec. 86.55 What does the Service consider when evaluating a project
for partnerships?
(a) We consider the number of partners and the significance of each
partner's contribution in evaluating a project under the criterion at
Sec. 86.51(b)(1).
(b) To qualify, a partner's contribution must be necessary to
accomplish the eligible project objectives. The application must state
specifically how the partnership helps construct, renovate, or maintain
the project.
(c) The following may qualify as partners for purposes of the
ranking criterion:
(1) A non-Federal entity, including a subgrantee, if it signs a
letter that:
(i) Commits to contributing match that is at least 1 percent of the
BIG-funded project; and
(ii) Follows the requirements at Sec. 86.33(b)(2) and (c).
(2) A Federal or non-Federal entity that has taken or commits to
take a voluntary action during the grant period. The action must
contribute directly and substantively to the completion of the project.
You must explain in the application how the action is necessary to
complete the project.
(3) A Federal or non-Federal entity that commits to the ongoing
objectives of the project, such as providing a service or benefit on a
routine basis during or after the grant period. You must explain in the
application how the action will contribute, the length of the
commitment, and how the commitment benefits the project and eligible
users.
(4) A governmental entity may be a partner unless its contribution
to completing the project is a mandatory duty of the agency, such as
reviewing a permit application.
Sec. 86.56 What does the Service consider when evaluating a project
that includes greater than the minimum match?
When we evaluate a project under the criterion for match at Sec.
86.51(b)(2), we consider cash and the value of allowable in-kind
contributions of equipment, services, and supplies.
Sec. 86.57 What does the Service consider when evaluating a project
for improving or maintaining the quality of the local environment?
In evaluating a proposed project under the criterion at Sec.
86.51(c)(1), we consider whether the project will:
(a) Restore, support, or create local habitat;
[[Page 18782]]
(b) Compensate for the impacts of the project on the local
environment; or
(c) Eliminate an existing environmentally harmful practice or
situation at or near the facility.
Sec. 86.58 What does the Service consider when evaluating a project
for environmental sustainability?
(a) In evaluating a proposed project under the criterion at Sec.
86.51(c)(2), we consider whether the project includes equipment,
supplies, practices, and other elements that will minimize the global
impact or enhance the long-term sustainability of the project.
(b) We may consider activities funded through other sources that
benefit eligible users, but are not eligible BIG costs.
Sec. 86.59 What happens after the Director approves projects for
funding?
(a) After the Director approves projects for funding, we notify
successful applicants of the:
(1) Amount of the grant;
(2) Forms or documents required, including those required for
compliance with applicable laws and regulations;
(3) Approvals needed; and
(4) Time constraints.
(b) After we receive the required forms and documents, we approve
the terms of the grant and obligate the grant in the Federal financial
management system.
(c) BIG funds are available for Federal obligation for 3 Federal
fiscal years, starting October 1 of the fiscal year that funds become
available for award. We do not make a Federal obligation until you meet
grant requirements. Funds not obligated within 3 fiscal years are no
longer available.
Subpart F--Grant Administration
Sec. 86.70 What standards must I follow when constructing a BIG-
funded facility?
(a) You must design and build a BIG-funded facility so that each
structure meets Federal, State, and local standards.
(b) You must provide documents to show that a licensed engineer or
architect designed the project.
Sec. 86.71 How much time do I have to complete the work funded by a
BIG grant?
(a) We assign a grant period that is no longer than 3 years from
the grant start date.
(b) You must complete your project within the grant period unless
you ask for and receive a grant extension.
Sec. 86.72 What if I cannot complete the project during the grant
period?
(a) If you cannot complete the project during the 3-year grant
period, you may ask us for an extension. Your request must be in
writing, and we must receive it before the end of the original grant
period.
(b) An extension is considered a revision of a grant and must
follow guidance at Sec. 86.101.
(c) We will approve a 1-year extension if your request:
(1) Describes in detail the work you have completed and the work
that you plan to complete during the extension;
(2) Explains the reasons for delay;
(3) Includes a report on the status of the project budget; and
(4) Includes assurance that you have met or will meet all other
terms and conditions of the grant.
(d) If you cannot complete the project during the 1-year extension
period, you may ask us for a second extension. Your request must be in
writing, and we must receive it before the end of the first 1-year
extension. Your request for a second extension must include all of the
information required at paragraph (b) of this section and, it must show
that:
(1) The extension is justified;
(2) The delay in completion is not due to inaction, poor planning,
or mismanagement; and
(3) You will achieve the project objectives by the end of the
second extension.
(e) We require that the Regional Director for your State and the
Service's Assistant Director for the Wildlife and Sport Fish
Restoration Program approve extensions beyond 2 years.
Sec. 86.73 What if I need more funds to finish a project?
(a) If you need more money to finish a BIG Competitive project, you
must:
(1) Complete the project with funds from non-Federal sources; or
(2) Request approval to change the scope of the grant by following
guidance in subpart I of this part.
(b) If you need more money to finish a BIG Basic project, you may:
(1) Complete the project with funds from non-Federal sources;
(2) Complete the project with funds from another annual BIG Basic
grant; or
(3) Request approval to change the scope of the grant by following
guidance in subpart H of this part.
(c) If you do not complete your project, we follow guidance found
for non-compliance in 43 CFR 12.83, 43 CFR 12.962, and whatever other
regulations may apply.
Sec. 86.74 How long must I operate and maintain a BIG-funded
facility, and who is responsible for the cost of operation and
maintenance?
(a) You must operate and maintain a BIG-funded facility for its
authorized purpose for the useful life of the BIG-funded project. See
Sec. Sec. 86.3, 86.43(e), and 86.75.
(b) Catastrophic events may shorten the identified useful life of a
BIG project. You may provide appropriate insurance coverage for the BIG
project in order to protect the investment should an event occur. If
the event causes sufficient damage that it is not practical to repair
or replace the BIG project, you may ask the Regional Director to amend
the grant agreement to reduce your useful-life obligation.
(c) You are responsible for the costs of the operation and
maintenance of the BIG-funded project for its useful life.
Sec. 86.75 How do I determine the useful life of a project?
(a) To determine and justify the useful life of a project you must:
(1) Identify each capital improvement for your project. The capital
improvement must be a structure or system that meets the definition at
Sec. 86.3 and serves an identified purpose, such as a building, dock
system, breakwater, seawall, dredge project, fuel station, or pumpout
system.
(2) Show the expected useful life and how you determined the useful
life for each capital improvement identified following paragraph (a)(1)
of this section.
(3) Use a generally accepted method to determine the useful life of
a capital improvement valued at $100,000 or more.
(4) Determine useful life based on the functional purpose of the
capital improvement. For example, if a dock system has a concrete base
that will last at least 50 years, but you expect the overall useful
life of the dock system to be 20 years, use 20 years.
(b) We may reject your application if you do not adequately justify
your determination for the useful life of each capital improvement.
(c) We may adjust the proposed useful life of the BIG project in
consultation with you and any subgrantees. We may ask you to justify
and change the useful life at any time between receiving your
application and when the Regional Office issues the award.
Sec. 86.76 How should I credit the BIG program?
(a) You must use the Sport Fish Restoration logo to show the source
of BIG funding:
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[GRAPHIC] [TIFF OMITTED] TP28MR12.001
(b) Examples of language you may use to credit the BIG program are:
(1) A Sport Fish Restoration--Boating Infrastructure Grant funded
this facility thanks to your purchase of fishing equipment and
motorboat fuel.
(2) A Sport Fish Restoration--Boating Infrastructure Grant is
funding this construction thanks to your purchase of fishing equipment
and motorboat fuel.
(3) A Sport Fish Restoration--Boating Infrastructure Grant funded
this pamphlet thanks to your purchase of fishing equipment and
motorboat fuel.
Sec. 86.77 How can I use the logo for the BIG program?
(a) You must use the Sport Fish Restoration logo on:
(1) BIG-funded facilities;
(2) Printed or Web-based material or other visual representations
of BIG projects or accomplishments; and
(3) BIG-funded or BIG-related educational and informational
material.
(b) You must require a subgrantee to display the logo in the places
and on materials described at paragraph (a) of this section.
(c) The Director or Regional Director may authorize other persons,
organizations, agencies, or governments that are not grant recipients
to use the logo for purposes related to the BIG program by entering
into a written agreement with the user. The user must state how it
intends to use the logo, to what it will attach the logo, and the
relationship to the BIG program.
(d) The Service and the Department of the Interior make no
representation or endorsement whatsoever by the display of the logo as
to the quality, utility, suitability, or safety of any product,
service, or project associated with the logo.
(e) The user of the logo must indemnify and defend the United
States and hold it harmless from any claims, suits, losses, and damages
from:
(1) Any allegedly unauthorized use of any patent, process, idea,
method, or device by the user in connection with its use of the logo,
or any other alleged action of the user; and
(2) Any claims, suits, losses, and damages arising from alleged
defects in the articles or services associated with the logo.
(f) No one may use any part of the logo in any other manner unless
the Director or Regional Director authorizes it. Unauthorized use of
the logo is a violation of 18 U.S.C. 701 and subjects the violator to
possible fines and imprisonment.
Sec. 86.78 How must I treat program income?
(a) You must follow the applicable program income requirements at
43 CFR 12.65 or 12.924.
(b) We authorize the following options in the regulations cited in
paragraph (a) of this section:
(1) You may deduct the costs of generating program income from the
gross income as long as you did not charge these costs to the grant. An
example of costs that may qualify for deduction is maintenance of the
BIG-funded facility that generated the program income.
(2) Use the addition alternative for program income only if:
(i) You describe the source and amount of program income in the
project statement according to Sec. 86.43(i)(2); and
(ii) We approve your proposed use of the program income, which must
be for one or more of the activities eligible for funding in Sec.
86.11.
(3) Use the deduction alternative for program income that does not
qualify under paragraph (b)(2) of this section.
(c) We do not authorize the cost-sharing or matching alternative in
the regulations cited in paragraph (a) of this section.
(d) For BIG Basic grants that include multiple projects:
------------------------------------------------------------------------
If . . . Then . . .
------------------------------------------------------------------------
(1) The State subgrants one or more (i) The State must verify to
projects and an individual subgrantee the WSFR Regional Office that
project is completed. its agreement with the
subgrantee has been satisfied.
(ii) The Regional Office will
review and approve completion
of the project.
(iii) The Regional Office will
instruct the State to apply
any program income earned by
the subgrantee as described at
Sec. 86.78(b). The
subgrantee will have no
further responsibilities for
program income.
(iv) The State grant will stay
open to allow for completion
of other projects, as
applicable.
(2) The State will complete one or more (i) The State must notify the
projects and an individual State WSFR Regional Office that it
project is completed. has completed one of the
projects in the grant.
(ii) The Regional Office must
require the State to apply
program income to the grant,
but may allow the State to
apply program income as
described in Sec. 86.78(b).
------------------------------------------------------------------------
Sec. 86.79 How must I treat income earned after the grant period?
You are not accountable to us for income earned by you or a
subgrantee after the grant period as a result of the grant except as
required at Sec. Sec. 86.90 and 86.91.
Subpart G--Facility Operations and Maintenance
Sec. 86.90 How much must an operator of a BIG-funded facility charge
for using the facility?
(a) An operator of a BIG-funded facility must charge a reasonable
fee for using the facility based on prevailing rates at other publicly
and privately owned local facilities offering a similar service or
amenity.
(b) We review fees as part of the application process. Awarding
your grant includes approval of proposed fees unless we indicate
otherwise.
Sec. 86.91 May an operator of a BIG-funded facility increase or
decrease user fees during the useful life of the BIG-funded project?
An operator of a BIG-funded facility may increase or decrease user
fees during the useful life of the BIG-funded
[[Page 18784]]
project if they are consistent with prevailing market rates.
Sec. 86.92 May an operator of a BIG-funded facility limit public
access?
(a) An operator of a BIG-funded facility must not limit public
access to any part of the facility during the useful life of the BIG-
funded project, except as permitted at paragraphs (d) and (e) of this
section, unless you describe these limits in the approved application.
Public access in this section means access by eligible users, other
types of boaters, and the general public.
(b) The site of a BIG-funded facility must be:
(1) Accessible to the public; and
(2) Open for reasonable periods.
(c) The public must have access to the shore and related facility
features such as fuel stations and restrooms.
(d) An operator may temporarily limit public access to all or part
of the BIG-funded facility due to an emergency, repairs, construction,
or as a safety precaution.
(e) An operator may limit public access when seasonally closed for
business.
Sec. 86.93 May I prohibit overnight use by eligible vessels at a BIG-
funded facility?
You may prohibit overnight use at a BIG-funded facility if you
state in the approved application that the facility is only for day
use.
Sec. 86.94 Do I have to include informational signs for eligible
users at BIG-funded facilities?
(a) You must include clearly visible signs at BIG-funded facilities
that:
(1) Direct eligible users to the BIG-funded facility;
(2) Include fees, restrictions, operating periods, and contact
information; and
(3) Restrict ineligible use at any part of the BIG-funded project
designated only for eligible use.
(b) You must credit BIG as a source of the funding.
(c) When crediting the BIG program you must follow the requirements
at Sec. Sec. 86.76 and 86.77.
Subpart H--Revisions and Appeals
Sec. 86.100 Can I change the information in an application after I
receive a grant?
(a) To change information in an application after you receive a
grant, you must propose a revision of the grant and we must approve it.
(b) We may approve a proposed revision if it:
(1) Involves process, materials, logistics, or other items that
have no effect on the factors used to decide score;
(2) Would not significantly decrease the benefits of the project;
and
(3) Would not increase Federal funds.
(c) We may approve a decrease in the Federal funds requested in the
application subject to paragraph (b) of this section.
(d) The Regional Director must review and the Assistant Director
for the Wildlife and Sport Fish Restoration Program must approve any
changes after we award a grant.
Sec. 86.101 How do I ask for a revision of a grant?
(a) You must ask for a revision of a grant by sending us the
following documents:
(1) The standard form used to apply for Federal assistance, which
is available at http://www.grants.gov. You must use this form to update
or ask for a change in the information that you included in the
approved application. The authorized representative of your agency must
certify this form.
(2) A statement attached to the standard form at paragraph (a)(1)
of this section that explains:
(i) How the revision would affect the information that you
submitted with the original grant application; and
(ii) Why the revision is necessary.
(b) You must send any revision of the scope to your State
Clearinghouse or Single Point of Contact if your State supports this
process under Executive Order 12372, Intergovernmental Review of
Federal Programs.
Sec. 86.102 Can I appeal a decision?
You can appeal the Director's or Regional Director's decision on
any matter subject to this part.
(a) You must send the appeal to the Director within 30 days of the
date that the Director or Regional Director mails or otherwise informs
you of a decision.
(b) You may appeal the Director's decision under paragraph (a) of
this section to the Secretary within 30 days of the date that the
Director mailed the decision. An appeal to the Secretary must follow
procedures in 43 CFR part 4, subpart G, ``Special Rules Applicable to
other Appeals and Hearings,'' or any regulations that replace or
supplement subpart G.
Sec. 86.103 Can the Director authorize an exception to this part?
The Director can authorize an exception to any requirement of this
part that is not explicitly required by law if it does not conflict
with other laws or regulations or the policies of the Department of the
Interior or the OMB.
Subpart I--Information Collection
Sec. 86.110 What are the information-collection requirements of this
part?
(a) This part requires each applicant in the BIG program to:
(1) Give us information on Standard Form 424, Application for
Federal Assistance (OMB control number 4040-0004).
(2) Certify on Standard Form 424 B, Assurances for Nonconstruction
Programs, or Standard Form 424 D, Assurances for Construction Programs,
or both if applicable, (OMB control numbers 4040-0007 and 4040-0009)
that it:
(i) Has the authority to apply for the grant;
(ii) Has the ability to complete the project; and
(iii) Will follow the laws, regulations, and policies applicable to
construction projects, nonconstruction projects, or both.
(3) Complete a project statement that describes the need,
objectives, results expected, approach, location, cost explanation, and
other information that shows that the project is eligible under the
authorizing legislation and meets the requirements of the Federal Cost
Principles and the laws, regulations, and policies applicable to the
grant program (OMB control number 1018-0109).
(b) This part requires each grantee in the BIG program to:
(1) Update information given to the Service in an earlier approved
application (OMB control number 1018-0109).
(2) Report on a Standard Form 425, Federal Financial Report, on the
status of Federal grant funds and any program income earned (OMB
control number 0348-0061).
(3) Report on progress in completing the grant-funded project (OMB
control number 1018-0109).
(4) Report real property status or request agency instructions on
real property on Standard Form 429, Real Property Status Report (OMB
control number 3090-0296).
(5) Follow any future requirements for reporting financial and
performance activities of a grant using additional forms or formats for
inputting information.
(c) The authorizations for information collection under this part
are in OMB Circular A-102, ``Grants and Cooperative Agreements with
State and Local Government,'' and in 43 CFR 12, subpart C, ``Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.''
[[Page 18785]]
(d) Send comments on the information collection requirements to:
U.S. Fish and Wildlife Service, Information Collection Clearance
Officer, 4401 North Fairfax Drive, MS 2042-PDM, Arlington, VA 22203.
Dated: March 12, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-6994 Filed 3-27-12; 8:45 am]
BILLING CODE 4310-55-P