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[Federal Register: January 20, 2000 (Volume 65, Number 13)]

[Proposed Rules]

[Page 3331-3366]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20ja00-27]

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Part III

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 86

National 1 Boating 1 Infrastructure Grant Program; Proposed Rule

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 86

RIN 1018-AF38

National 1 Boating 1 Infrastructure Grant Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and information collection.

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SUMMARY: This proposed regulation provides for the uniform

administration of the National 1 Boating 1 Infrastructure Grant Program and

survey authorized by section 7404 of the Sportfishing and 1 Boating

Safety Act of 1998. The Program will fund States to install or upgrade

transient tie-up facilities for recreational boats 26 feet or more in

length. This proposed regulation also contains the proposed information

collection the U.S. Fish and Wildlife Service (referred to as ``we'' or

``us'' from now on) must submit to the Office of Management and Budget

(OMB) for approval under the Paperwork Reduction Act.

DATES: The public must submit comments on or before March 20, 2000 to

comment on the grant program.

For the information collection requirements, all comments are due

on or before February 22, 2000.

We will accept proposals between May 30, 2000, and November 3,

2000, for the first grant cycle; subsequent grant cycles are announced

later in this document.

ADDRESSES: If you wish to comment, you may submit your comments by

mail, via fax, or via Email.

1. Submitting comments on the grant program: Mail: Please mail

comments on the proposed regulation to Ms. Iesha Fields, Division of

Federal Aid, Fish and Wildlife Service, U.S. Department of the

Interior, Room 140, 4401 North Fairfax Drive, Arlington, Virginia

22203, or you may hand-deliver comments to the address above. Fax: You

may fax comments to: Iesha Fields, Division of Federal Aid, (703) 358-

1837. Email: Please submit Email comments to (iesha__fields@fws.gov) as

an ASCII file to avoid the use of special characters and any form of

encryption. Please also include the following: ``Attention: 1018-AF38''

and your name and return address in your Email message. If you do not

receive a confirmation from the system that we have received your Email

message, contact us directly at (703) 358-2435.

2. Submitting comments on the information collection requirements:

Mail: The public must make comments and suggestions directly to the

Office of Management and Budget, Office of Information and Regulatory

Affairs, 725 17th Street, NW, Washington, DC 20503. Please also send a

copy of your suggestions to the Information Collection Clearance

Officer, U.S. Fish and Wildlife Service, Room 222, 4401 North Fairfax

Drive, Arlington, Virginia 22203. You may hand-deliver your comments to

these same addresses.

FOR FURTHER INFORMATION CONTACT: Iesha Fields, Division of Federal

Aid, telephone (703) 358-2435; fax (703) 358-1837; email

(iesha__fields@fws.gov).

SUPPLEMENTARY INFORMATION:

Background

What is the economic status of 1 boating in the United States?

Historically, coastal and inland waterways were the first

``highways'' along our shores and into the interior of the continent.

In the past, Americans used boats almost exclusively for transportation

of people and goods. Americans today use more than 12 million

recreational boats to cruise and go fishing. Recreational 1 boating is

now a significant economic activity in many areas of the country and in

many respects exceeds that of waterborne commerce. Given the present

demographic forces, we expect a positive economic impact by adding

facilities to accommodate larger cruising boats.

Why did Congress enact the 1 Boating 1 Infrastructure grant program?

Recreational boats 26 feet or more in length, called `non-

trailerable' boats, represent about 4 percent, or more than 600,000, of

the recreational boats in the United States. Although we have

approximately 12,000 marinas in the United States, Congress recognized

that we have insufficient tie-up facilities for transient boats 26 feet

or more in length for reasonable and convenient access from our

navigable waters. These boaters are unable to enjoy many recreational,

cultural, historic, scenic, and natural resources of the United States.

We also have no marinas or commercial tie-up facilities along extended

stretches of our coastlines and rivers. In many parts of the country,

the number of places to tie-up, moor, or anchor a cruising boat,

especially during a storm, is limited. Basic features, such as tie-ups,

fuel, utilities, and restrooms, are nonexistent.

What does the 1 Boating 1 Infrastructure Grant Program entail?

The Program provides $32 million to States and Territories over

four years to install transient tie-up facilities for recreational

boats 26 feet or more in length. The Program also allows funding for

completing surveys to determine where these facilities are needed.

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

The terms ``I'', ``you'', ``my'', and ``your'' refer to the State

in this regulation. The 1 Boating 1 Infrastructure Grant Program provides

funds for a wide range of development proposals for the needs of the

States. Some projects will be minimal, such as mooring buoys in

sensitive areas. Other projects, such as those at full-service marinas,

will provide docking, utilities, and restrooms along waterfronts of

major cities.

Can I Acquire Land or Easements?

Shoreline land can be expensive. We therefore discourage the

purchase or lease of land or easements for tie-up facilities, unless

absolutely necessary. Acquire or lease land only when you expect

significant project benefits.

What Will This Program Do?

This program will:

(a) Include transient dockage for recreational boats 26 feet or

more in length for recreational opportunities and safe harbors;

(b) Enhance access to recreational, historic, cultural, natural,

and scenic resources;

benefits;

(d) Promote public/private partnerships and entrepreneurial

opportunities;

(e) Provide continuity of public access to the shore; and

(f) Promote awareness of transient 1 boating opportunities.

What Other Activities Does the Act Authorize?

The Act also directs us to:

(a) Develop a national framework or methodology to conduct a boat

access needs assessment or survey;

(b) Fund States to complete the boat access needs survey (The

survey is to determine the adequacy of facilities for recreational

boats of all sizes); and

needs and facilities (The assessment is a compilation of information

from the States' surveys into a national report of boat access needs

and facilities).

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Information Collection Requirements

With What Information Collection Requirements Must the Grant Recipients

Comply?

The requirements in this regulation, except surveys, are only those

needed to fulfill applicable requirements of 43 CFR part 12; see 43 CFR

12.4 for information concerning those requirements. We submitted the

collection of survey information contained in this regulation to the

Office of Management and Budget for approval, in compliance with 44

U.S.C. 3501 et seq. We may not conduct or sponsor, and OMB does not

require a person to respond to, a collection of information unless it

displays a currently valid OMB control number. OMB has 60 days in which

to respond, but may respond within 30 days; therefore, to ensure that

OMB considers your comments, they should receive them within 30 days.

What Information Collection Action is the Service Taking?

We submitted the following information collection requirements to

OMB for review and approval under the Paperwork Reduction Act of 1995,

44 USC 3501, et seq. This proposed regulation includes a notice of

information collection to fund a survey to determine boater access

needs. The public can find the information to be collected below in

Sec. 86.118. Doing the survey will include collections of information

from the public that require approval by OMB.

On What Should the Public Comment?

We invite the public's remarks on:

(a) Whether or not the collection of information is necessary for

the proper performance of the functions of the agency, including

whether or not the information will have practical utility;

(b) The accuracy of the agency's estimate of burden, including the

validity of the methodology and assumptions used;

information on those who are to respond; and

(d) Ways to minimize the burden of the collection of information on

respondents, to include using appropriately automated, electronic,

mechanical, or other technological collection techniques, or other

forms of information technology.

Why do the States and the Service Need This Survey?

States should obtain sufficient information to determine what boat

access facilities are currently available to the public, and where they

need additional facilities. States will use the information to

determine the adequacy, number, location, and quality of facilities

that provide public access for all sizes of recreational boats. States

will also use this information to develop plans for the construction,

renovation, and maintenance of facilities. We will use the information

the States provide to develop a comprehensive national report of

recreational boat access needs and facilities, which the Act requires.

We are collecting this information to better evaluate grant proposals.

We will use this information to award or deny grants, following

criteria established in the Act and its regulations.

Is Information Already Available About Boat Access?

The States Organization for 1 Boating Access (SOBA) is the primary

organization that monitors 1 boating access in the United States. This

organization says that this information is not generally available.

Scoping meetings and telephone and Email inquiries with SOBA and 12

States revealed that the information was not available without the

survey. We also consulted with the following: BOAT/US, International

Association of Fish and Wildlife Agencies, Marina Operators Association

of America, Marine Environmental Education Foundation, Marine Retailers

Association of America, National Association of State 1 Boating Law

Administrators, National 1 Boating Federation, and National Marine

Manufacturers Association of America. To the extent possible, States

will use information already available.

However, some information is out of date since some marinas have

gone out of business. Some sites are no longer open. New sites have

been constructed. Finally, 1 boating use and needs may have changed since

any previous survey has been completed. A few States have completed a

similar survey. Section 7404(b) of the Act exempts States that have

already completed such a survey. We do not anticipate any duplication.

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

Entities?

Part C of the survey will include all non-State providers of

transient facilities. This number will be small. Part D of the survey

will include only a subset of small businesses and small entities to

minimize the burden to them. These are the minimum number of questions

necessary to obtain the information. Information already available will

be used to the extent possible. We do not anticipate any significant

impacts to small businesses or small entities.

What Happens if the States do not Complete the Survey?

States would not have an adequate basis to identify which 1 boating

access facilities are adequate, and where the States need additional

facilities. States would not spend awarded funds most efficiently. If

information is not available to boaters on facility locations, they

will not use the facilities and will waste Federal funds. Section

7404(b) of the Act requires us to develop a comprehensive national

report of recreational boat access needs and facilities. Without the

survey, we could not complete this requirement.

What is the Hour Burden of the Collection of Information?

We expect the information requested to vary depending upon the type

of information requested from a particular respondent. Different

respondents may provide one or more types of information. Respondents

will usually provide the data verbally. Responses may vary from 10

minutes to 1 hour for completion and submission to the States,

depending upon the types of information collected from a particular

respondent, with an average of 38 minutes per response. This response

time estimate includes time to review instructions, gather and maintain

data, and complete and review the forms.

We estimate that States will conduct 39,200 interviews of boat

owners for Parts A and B, with averages of 200 per State for Part A and

500 per State for Part B, for 50 States and 6 territories. States will

conduct 12,400 interviews of providers for Parts C and D, with averages

of 150 per State for Part C and 71 per State for Part D.

We estimate that States will interview 150 providers for Part C

(all 56 State/Territory providers plus most Federal/municipal agencies

and marinas). We estimate that States will interview 71 providers for

Part D (all 56 State/Territory providers plus the few Federal/municipal

agencies and marinas). Some boaters will fill out Parts A and B, and

most providers will fill out Parts C and D. We therefore estimate that

45,400 different individuals will respond.

We estimate that, for Part A, 8,400 boaters will respond; for Part

B, 28,000 boaters will respond; for Part C, 8,000 providers will

respond; and for Part D, 1,000 providers will respond. We estimate the

response rate to be 70 percent, with States following up with the same

number of respondents until

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they reach 70 percent. We estimate a total of 15,000 burden hours for

the potential 45,400 respondents.

We estimate the cost for information collection is 15,000 burden

hours at $20.00 per hour, or $300,000. This amount is $196,000 at 9,800

burden hours for boaters, and $104,000 at 5,200 burden hours for

providers. This amount is a one-time cost that States will incur over a

3 year period. Some States will complete the survey the first year,

some later.

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Average

time

Number of required Annual

Type of information respondents per burden

(minutes)

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Boat owners: Part A........... 12,200 15 2,800

Boat owners: Part B........... 28,000 15 7,000

Boat owners: Part C........... 8,400 25 3,500

Boat owners: Part D........... 4,000 25 1,700

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Parts A and B, and most of the providers will fill out both Parts C

and D.

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

The Federal Government will pay 75 percent of the costs of the

surveys. The Bureau of Census estimates that telephone surveys cost $25

per interview. At 921 interviews per State, we expect the total cost of

each survey to be $23,000. We also obtained estimates from States that

have recently completed such a survey, and we determined the cost to be

$25,000. If the 56 States and Territories complete surveys, the total

cost would be $1,400,000, or $1,050,000 for the Federal Government's

portion. If States use mail surveys, the cost would be similar.

However, their response rate is lower and, therefore, not as effective.

This will be a one-time cost during the 3 year period, either in-house

or contracting out costs to generate the information. We estimate that

the Federal Government will incur no additional costs for this

information collection. States will obtain all the information. We

expect no program changes or adjustments.

What are the Environmental Effects of This Regulation and Information

Collection?

This regulation and information collection requirement is not a

major Federal action significantly affecting the quality of the human

environment. In compliance with 516 DM 2, Appendix 1, we have

determined that this regulation is categorically excluded from the

National Environmental Policy Act process. It is limited to ``policies,

directives, regulations and guidelines of an administrative, financial,

legal, technical or procedural nature.'' The National Environmental

Policy Act of 1969 does not require a detailed statement. However, once

approved for funding, the States must provide environmental

documentation consistent with Federal and State regulations before

constructing/renovating tie-up facilities.

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

When you participate in this national grant program, you must

comply with National Environmental Policy Act requirements, Appendix 1

of 516 Department Manual 6, Clean Water Act, Endangered Species Act,

Coastal Barriers Resources Act as amended by the Coastal Barrier

Improvement Act, Coastal Zone Management Act, and Executive Orders on

Floodplains (E.O. 11988), Wetlands (E.O. 11990), historic/cultural

resources, prime and unique farmlands, and EPA Marine Guidance 6217 (or

replacement).

Our Policy on Comments That We Receive

We will take into consideration public comments and any additional

information received during the comment period. Our practice is to make

comments, including in most cases names and addresses of respondents,

available for public review during regular business hours. Individual

respondents may request that we withhold their home address from the

rule-making record, which we will honor to the extent allowable by law.

In limited circumstances we would withhold a respondent's identity from

the rule-making record, as allowable by law. If you wish us to withhold

your name and address, you must state this prominently at the beginning

of your comment. However, we will not consider anonymous comments. We

will make all submissions from organizations or businesses and from

individuals who identify themselves as representatives or officials of

organizations or businesses available for public inspection completely.

Required Determinations

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

Orders?

Regulatory Planning and Review (E.O. 12866)

This document is not a significant regulation subject to Office of

Management and Budget review under Executive Order 12866.

(a) This rule will not have an annual economic effect of $100

million or adversely affect an economic sector, productivity, jobs, the

environment, or other units of government. We do not need a cost-

benefit and economic analysis. Program funds total $8 million per year

for four years, for a total of $32 million. Program funds for surveys

total $1,050,000. States must match these amounts with 25 percent or $2

million per year. State match totals $8 million. This $10 million a

year for grants would not have an economic effect of $100 million. The

program will not negatively affect an economic sector, productivity,

jobs, and other units of government. The program will have a positive

effect on these factors. We will review all actions for NEPA compliance

to protect the environment.

(b) This rule will not create inconsistencies with other agencies'

actions. We will give all agencies an opportunity to review the

proposed rule. We will require the necessary Federal, State, and local

reviews and permits before allowing construction of all facilities.

These reviews will ensure that this rule will not create

inconsistencies with other agencies' actions.

fees, loan programs, or the rights and obligations of their recipients.

This grant program does not stipulate any requirements that would

affect entitlements, grants, or loan programs. User fees are not

mandatory and allow only enough charges to maintain the facility. The

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amount of facilities, user fees, or fee charges will not materially

affect user fees. The program will not affect the rights of recipients.

The program will only obligate the recipient to maintain the facility.

All stipulations will be voluntarily accepted prior to awarding funds

for facility construction.

(d) This rule will not raise novel legal or policy issues. This

program will award funds to States to install facilities for transient

non-trailerable boats. This grant program is similar to past Federal

Aid grant programs for construction of facilities. No novel legal or

policy issues have been or are expected to be raised by this program.

Regulatory Flexibility Act

The Department certifies that this document will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Eight

million dollars will be available annually for a 4-year period. The

effects of these regulations occur to agencies in the States, Puerto

Rico, Guam, the Virgin Islands, American Samoa, the District of

Columbia, and the Northern Mariana Islands. These are not small

entities under the Regulatory Flexibility Act. Some small entities,

mainly marina operators, may receive grant funds. The program will

place facilities where there are none now, in remote areas where no

competition exists, and in populated areas where marinas have not

previously installed them. The program will, therefore, minimize

competition with private industry. Employment, investment,

productivity, and innovation should all increase because the program

will construct facilities to attract transient boaters. The result will

be to increase spending in the area. U.S.-based enterprises' ability to

compete with foreign-based enterprises should not be affected by this

rule. The rule does not stipulate any procedures regarding this issue.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

This regulation is not a major rule under 5 U.S.C. 804(2), the

Small Business Regulatory Enforcement Fairness Act, as discussed in the

Regulatory Planning and Review and Regulatory Flexibility Act sections

above.

Unfunded Mandates Reform Act

This regulation does not impose an unfunded mandate on State,

local, or tribal governments or the private sector of more than $100

million per year. This regulation does not have a significant or unique

effect on State, local, tribal governments, or the private sector. The

rule would establish a grant program that States may participate in

voluntarily. A statement containing the information required by the

Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

In compliance with Executive Order 12630, this regulation does not

have significant takings implications. The rule provides standardized

procedures for administering a Federal discretionary grant program.

Federalism Assessment (E.O. 13132)

In compliance with Executive Order 13132, this regulation does not

have sufficient Federalism implications to warrant the preparation of a

Federalism Assessment. The regulation allows eligible States to make

decisions regarding the development and submission of proposed grants

for construction renovation, maintenance, or public information and

education programs. Therefore, it is consistent with Executive Order

13132.

Civil Justice Reform (E. O. 12988)

In compliance with Executive Order 12988, the Office of the

Solicitor has determined that this regulation does not unduly burden

the judicial system and meets the requirements of Secs. 3(a) and

3(b)(2) of the Order.

Paperwork Reduction Act

The information collection requirements contained in this

regulation, except surveys that are described above, are only those

necessary to fulfill applicable requirements of 43 CFR Part 12; see 43

CFR 12.4 for information concerning Office of Management and Budget

approval of those requirements. The information collection requirements

related to the surveys will not be imposed until OMB approval under the

provisions of 44 U.S.C. 3501 et seq. For detailed information

concerning the surveys refer to the section above titled ``INFORMATION

COLLECTION REQUIREMENTS''.

Clarity of This Regulation

Executive Order 12866 requires each agency to write regulations

that are easy to understand. We invite your comments on how to make

this regulation easier to understand, including answers to questions

such as the following:

(a) Are the requirements in the regulation clearly stated?

(b) Does the regulation contain technical language or jargon that

interferes with its clarity?

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity?

(d) Would the regulation be easier to understand if we divided it

into more (but shorter) sections?

(e) Is the description of the regulation in the ``Summary'' section

of the preamble helpful to understand the regulation?

(f) What else could we do to make the regulation easier to

understand?

What intergovernmental review procedures must I as a State follow?

Executive Order 12372 ``Intergovernmental Review of Federal

Programs'' and 43 CFR Part 9 ``Intergovernmental Review of Department

of the Interior Programs and Activities'' applies to the National

1 Boating 1 Infrastructure Grant Program. Under the Order, you may design

your own processes to review and comment on proposed Federal assistance

under covered programs.

What is my Responsibility as a State if I Participate in the Executive

Order Process Having Single Points of Contact?

You should alert your Single Points of Contact (SPOCs) to the

prospective applications and receive any necessary instructions to

provide material the SPOC requires. You must submit all required

materials, if any, to the SPOC and show the date of this submittal (or

the date of contact if the SPOC does not require submittal) on the

narrative. If you are from a State that chooses to exempt the grants,

you need take no action regarding E.O. 12372.

Who is the author of this regulation? Robert D. Pacific, Division

of Federal Aid, U.S. Fish and Wildlife Service.

List of Subjects in 50 CFR Part 86

Administrative practice and procedure, Boats and 1 boating, Grant

programs--recreation, Natural resources, Recreation and recreation

areas, and Reporting and recordkeeping requirements.

For the reasons set out in the preamble, we propose to amend

Subchapter F of Chapter I, Title 50 of the Code of Federal Regulations,

by adding a new part 86 to read as follows.

PART 86--NATIONAL 1 BOATING 1 INFRASTRUCTURE GRANT PROGRAM

Subpart A--General Information About the Grant Program

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Sec.

86.10 What does this regulation do?

86.11 What does the National 1 Boating 1 Infrastructure Grant Program

do?__

86.12 What is 1 boating 1 infrastructure?

86.13 Am I eligible to apply for these grants?

86.14 How does the grant process work?

86.15 What are the information collection requirements?

Subpart B--Funding State Grant Proposals

86.20 What activities are eligible for funding?

86.21 What activities are ineligible for funding?

Subpart C--Public Use of the Facility

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

86.31 How much money may I charge the public to use tie-up

facilities?

Subpart D--Funding Availability

86.40 How much money is available for grants?

86.41 How long will the money be available?

86.42 What are the match requirements?

86.43 May someone else supply the match?

86.44 What are my allowable costs?

86.45 When will I receive the funds?

Subpart E--How States Apply for Grants

86.50 Who may apply?

86.51 When must I apply?

86.52 To whom must I apply?

86.53 What information must I include in my grant proposals?

86.54 What are funding tiers?

86.55 How must I submit proposals?

86.56 What are my compliance requirements with Federal laws,

regulations, and policies?

Subpart F--How the Service Selects Grants

86.60 What are the criteria used to select grants?

86.61 What process does the Service use to select grants?

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

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

Subpart G--How States Manage Grants

86.70 What are my requirements to acquire, install, operate, and

maintain real and personal property?

86.71 How will I be reimbursed?

86.72 Are there any other requirements?

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

86.74 What if I need more money?

Subpart H--Report Requirements for the States

86.80 What are my reporting requirements for this grant program?

86.81 When are the reports due?

86.82 What must be in the reports?

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

86.90 What are my responsibilities for information signs?

86.91 What are my program crediting responsibilities?

86.92 Who can use the SFR logo?

86.93 Where should I use the SFR logo?

86.94 What crediting language should I use?

Subpart J--Service Completion of the National Framework

86.100 What is the National Framework?

86.101 What is the Service schedule to adopt the National

Framework?

86.102 How did the Service design the National Framework?

Subpart K--How States Will Complete Access Needs Surveys

86.110 What does the State survey do?

86.111 Must I do a survey?

86.112 What are the advantages of doing a survey?

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

86.114 Do I need to conduct a survey if I already have a plan

installing tie-up facilities for boats 26 feet or more in length?

86.115 How should I administer the survey?

86.116 May I change the questions in the survey?

86.117 What is the Service schedule to approve the survey?

86.118 What are the questions in this survey instrument?

Subpart L--Completing the Comprehensive National Assessment

86.120 What is the Comprehensive National Assessment?

86.121 What does the Comprehensive National Assessment do?

86.122 Who completes the Comprehensive National Assessment?

86.123 When is the Comprehensive National Assessment due?

86.124 What are the Comprehensive Assessment products?

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

86.130 What does the State program plan do?

86.131 Must I do a plan?

86.132 What are the advantages to doing a plan?

86.133 What are the plan standards?

86.134 What if I am already carrying out a plan?

86.135 What is the Service schedule to approve the plans?

86.136 What must be in the plan?

86.137 What variables should I consider?

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

Subpart A--General Information About the Grant Program

Sec. 86.10 What does this part do?

In this part, the terms ``I'', ``you'', ``my'', and ``your'' refer

to the State in this regulation. ``We'' and ``us'' refers to the Fish

and Wildlife Service. This part establishes your requirements under the

Sportfishing and 1 Boating Safety Act of 1998 (Public Law 105-178,

Subtitle D, 112 Stat. 482) to:

(a) Participate in the National 1 Boating 1 Infrastructure Grant

Program (the program),

(b) Complete your boat access survey, and

boats 26 feet or more in length. In this part:

(1) Tie-up facilities mean facilities that transient recreational

boats 26 feet or more in length occupy temporarily, not to exceed 10

consecutive days; for example, temporary shelter from a storm; a way

station en route to a destination; a mooring feature for fishing; or a

dock to visit a recreational, historic, cultural, natural, or scenic

site.

(2) Nontrailerable recreational vessels mean motorized boats 26

feet or more in length manufactured for and operated primarily for

pleasure, including vessels leased, rented, or chartered to another

person for his or her pleasure.

Sec. 86.11 What does the National 1 Boating 1 Infrastructure Grant Program

do?

This program provides funds for States to construct, renovate, and

maintain tie-up facilities with features for transient boaters in

vessels 26 feet or more in length, and to produce and distribute

information and educational materials about the system/program.

(a) Grant means financial assistance the Federal Government awards

to an eligible grantee.

(b) States means individual States within the United States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana

Islands.

improvements and increase the value or usefulness of existing property.

These activities include adding new (presently do not exist),

replacing, or expanding tie-up facilities.

(d) Renovate means to rehabilitate or repair a tie-up facility to

restore it to its original intended purpose, or to expand its purpose

to allow transient nontrailerable boats.

(e) Maintain means activities necessary to keep up the tie-up

facility. These are activities that allow the facility to continue to

function, such as repairing docks, etc. These activities exclude

routine janitorial activities.

Sec. 86.12 What is 1 boating 1 infrastructure?

1 Boating 1 infrastructure refers to features that provide stopover

places for transient boats 26 feet or more in length to tie up. These

features include, but are not limited to:

(a) Mooring buoys (permanently anchored floats designed to tie up

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recreational vessels 26 feet or more in length),

(b) Day-docks (nontrailerable tie-up facilities that do not allow

overnight use),

buoys, and directional information),

(d) Seasonal slips (slips for recreational boats 26 feet or more in

length that boaters occupy for no more than 10 consecutive days),

(e) Safe harbors (facilities protected from waves, wind, tides,

ice, currents, etc., that provide temporary safe anchorage point or

harbor of refuge during storms),

(f) Floating and fixed piers,

(g) Floating and fixed breakwaters,

(h) Dinghy docks (floating or fixed platforms that nontrailerable

boaters use for a temporary tie-up of their small boats to access the

shore),

(i) Restrooms,

(j) Retaining walls,

(k) Bulkheads,

(l) Dockside utilities,

(m) Pumpout stations,

(n) Recycling and trash receptacles,

(o) Electric service,

(p) Water supplies, and

(q) Pay telephones.

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

You may apply for these grants if you are an agency of a State,

with authority from the State Government to submit application. States

must identify one key contact only and must submit proposals through

this person.

Sec. 86.14 How does the grant process work?

To ensure that grants address the highest national priorities

identified in the Act, we make funds available on a competitive basis.

We will fund the proposals that best meet the funding criteria. You

must submit your proposals by a certain date within the annual cycles.

You must address certain questions and criteria to be eligible and

competitive. We will conduct a panel review of all proposals, and the

Service director will make the final awards. You may begin work on your

project only after you have signed a grant agreement.

Sec. 86.15 What are the information collection requirements?

This part contains both routine information collection and survey

requirements, as follows:

(a) The routine information collection requirements for grants

application and associated record keeping contained in this part are

only those necessary to fulfill applicable requirements of 43 CFR Part

12. These requirements include recordkeeping and reporting

requirements. See 43 CFR 12.4 for information concerning Office of

Management and Budget approval of those requirements.

(b) The information collection requirements related to the surveys

have been submitted to OMB for approval. They will not be imposed until

OMB approval under the provisions of 44 U.S.C. 3501 et seq. The surveys

are voluntary and are for States to determine the adequacy, number,

location, and quality of facilities that provide public access for all

sizes of recreational boats. The public's burden estimate for the

surveys is as follows:

------------------------------------------------------------------------

Average

time

Number of required Annual

Type of information respondents per burden

(minutes)

------------------------------------------------------------------------

Boat owners: Part A........... 12,200 15 2,800

Boat owners: Part B........... 28,000 15 7,000

Boat owners: Part C........... 8,400 25 3,500

Boat owners: Part D........... 4,000 25 1,700

------------------------------------------------------------------------

Parts A and B, and most of the providers will fill out both Parts C

and D.

aspect of this collection of information, including suggestions for

reducing the burden, to the Service Information Collection Clearance

Officer, ms--224 ARLSQ, Fish and Wildlife Service, Washington, DC

20240, or the Office of Management and Budget, Paperwork Reduction

Project 1018--__, Washington, DC 20503.

Subpart B--Funding State Grant Proposals

Sec. 86.20 What activities are eligible for funding?

Your project is eligible for funding if you propose to:

(a) Construct, renovate, and maintain public and private 1 boating

1 infrastructure tie-up facilities. To be eligible you must:

(1) Build these facilities on navigable waters, available to the

public.

(i) Navigable waters means waters connected to or part of the

jurisdictional waters of the United States that transient boats 26 feet

or more in length currently use or can use for recreation;

(ii) Available means a transient tie-up facility where the public

can reasonably access the facility, located where all boats typical to

that facility can easily use it, where the facility provider charges

equitable fees, and where open periods are reasonable;

(2) Design them for temporary use for recreational boats 26 feet or

more in length. Temporary use means short-term use of a tie-up facility

for transient vessels, not to exceed 10 consecutive days;

(3) Build them in water deep enough for boats 26 feet or more in

length to navigate: A minimum of 6 feet of depth at the lowest tide or

other measure of fluctuation;

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

(5) Install a pumpout station if you construct facilities for

overnight stays since keeping sewage out of our waterways is important.

(i) If there is already a pumpout within reasonable distance

(generally within 2 miles) of the facility, you may not need one;

(ii) For facilities intended as day stops, we do not require, but

encourage, you to install a pumpout; and,

(iii) You may use funds from this grant program, or the Clean

Vessel Act pumpout grant program, also administered by this agency, to

pay for a pumpout station;

(b) Do one-time dredging only, to give transient vessels safe

channel depths between the tie-up facility and maintained channels or

open water;

safe passage between the tie-up facility and maintained channels or

open water;

(d) Apply funds to grant administration; and,

(e) Fund preliminary costs.

(1) Preliminary costs may include any of the following activities

completed prior to signing a grant agreement:

(i) Conducting appraisals;

[[Page 3338]]

(ii) Administering environmental reviews and permitting;

(iii) Conducting technical feasibility studies, for example,

studies pertaining to environmental, economic, and construction

engineering concerns;

(iv) Carrying out site surveys and engaging in site planning;

(v) Preparing cost estimates;

(vi) Preparing working drawings, construction plans, and

specifications;

(vii) Inspecting construction; and,

(viii) Construction, including site preparation, materials,

equipment rental, and demolition.

(2) We will fund these costs only if we approve the project.

(3) If the project is approved, the appropriate regional director

must still approve these costs.

Sec. 86.21 What activities are ineligible for funding?

Your project is ineligible for funding if you propose to:

(a) Complete a project that does not provide public benefits, for

instance, a project that is not open to the public for use.

(b) Involve enforcement activities.

alter the cultural or historic nature of the area.

(d) Provide structures not expected to last at least 20 years.

(e) Do maintenance dredging.

(f) Fund operations or routine, custodial and janitorial

maintenance of the facility.

(g) Construct/renovate/maintain 1 boating 1 infrastructure tie-up

facilities for nontransient vessels, for example the following:

(1) Tie-up slips available for occupancy for more than 10

consecutive days by a single party;

(2) Dryland storage;

(3) Haul-out features; and,

(4) 1 Boating features for trailerable or `car-top' boats (these two

terms refer to boats less than 26 feet in length), such as launch ramps

and carry-down walkways.

(h) Conduct surveys to determine 1 boating access needs.

(1) You may conduct the survey with funds allocated to motorboat

access to recreational waters under subsection (b)(1) of section 8 of

the Federal Aid in Sport Fish Restoration Act of 1950, as amended (16

U.S.C. 777).

(2) Our regional offices should encourage States to combine surveys

under one contractor where feasible if these States can realize a cost

or other savings.

(i) Develop a State program plan to construct, renovate, and

maintain 1 boating 1 infrastructure tie-up facilities. ``State program

plan'' means a plan to identify existing tie-up facilities and

features; needed construction, renovation, and maintenance; and access

to facilities.

Subpart C--Public Use of the Facility

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

(a) You must allow reasonable access to all recreational vessels

for the useful life of the tie-up facilities. You must allow public

access to the shore and basic features such as fuel and restrooms when

they are available. You must specify precise details in the contract

with the facility manager. We do not require public access to the

remainder of a park or marina where the facility is found. Nor do we

require any further restrictions in that park or marina.

(b) You must comply with American Disabilities Act requirements

when you construct or renovate all transient recreational vessel tie-up

facilities under this grant.

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

facilities?

You may charge the public only a reasonable fee, based on the

prevailing rate in the area. You must determine a fee that does not

pose an unreasonable competitive amount, based on other public and

private tie-up facilities in the area. You must approve any proposed

changes in fee structure by a sub-grantee.

Subpart D--Funding Availability

Sec. 86.40 How much money is available for grants?

This program is authorized $32 million for 4 years.

Sec. 86.41 How long will the money be available?

The program begins in Fiscal Year 2000 and ends in Fiscal Year

2003. Funds are available for obligation to the States for 3 years.

Sec. 86.42 What are the match requirements?

The Act authorizes the Director of the U.S. Fish and Wildlife

Service (Service) to award grants to States to pay up to 75 percent of

the cost to construct, renovate, or maintain tie-up facilities for

transient boats more than 26 feet in length. You or a partner must pay

the remaining 25 percent match. Title 43 CFR 12.64 applies to cost

sharing or matching requirements. Property is eligible for a State

match.

Sec. 86.43 May someone else supply the match?

Third party, in-kind contributions, including property, is

allowable, but must be necessary and reasonable to accomplish grant

objectives. In-kind contributions must also represent the current

market value of noncash contributions that the third party furnishes as

part of the grant.

Sec. 86.44 What are my allowable costs?

(a) You may spend only funds that are necessary and reasonable to

accomplish the approved grant objectives. Grant costs must meet the

applicable Federal cost principles in 43 CFR 12.60(b). You may purchase

informational and program signs as allowable costs.

(b) If you include purposes other than those eligible under the

Act, we will prorate the costs equitably among the various purposes.

You may use grant funds only for the part of the activity related to

the Sportfishing and 1 Boating Safety Act.

Sec. 86.45 When will I receive the funds?

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

available.

Subpart E--How States Apply for Grants

Sec. 86.50 Who may apply?

(a) Only States may apply for grants under this program.

(b) You must identify one agency contact per State and submit

proposals through this contact. Typically the contact is a division of

the Department of Natural Resources or similar environmental

department.

Sec. 86.51 When must I apply?

(a) We will accept proposals between May 30, 2000, and November 3,

2000, for the first grant cycle; between February 1, 2001, and May 1,

2001, for the second grant cycle; and, between February 1, 2002, and

May 1, 2002, for the third grant cycle. This program starts Fiscal Year

2000 and ends Fiscal Year 2003. Fiscal Year 2000 begins on October 1,

1999. We will have $16 million to award the first year, and $8 million

each year after that.

(b) The annual schedule follows:

[[Page 3339]]

----------------------------------------------------------------------------------------------------------------

Schedule FY 2000-2001 FY 2002 FY 2003

----------------------------------------------------------------------------------------------------------------

We announce the grant cycle by....... May 30, 2000........... February 1, 2001....... February 1, 2002.

You submit your grant proposal by.... November 3, 2000....... May 1, 2001............ May 1, 2002.

Regions submit the proposals to December 3, 2000....... July 1, 2001........... July 1, 2002.

Washington by.

We rank the proposals by............. January 3, 2001........ August 1, 2001......... August 1, 2002.

The Director approves proposals by... January 13, 2001....... August 10, 2001........ August 10, 2002.

Regions finalize their grant February 13, 2001...... October 1, 2001........ October 1, 2002.

agreements by.

----------------------------------------------------------------------------------------------------------------

Sec. 86.52 To whom must I apply?

You must submit your proposals to the appropriate regional office

of the U.S. Fish and Wildlife Service. See the chart below for the

address you will need.

----------------------------------------------------------------------------------------------------------------

Region States Address Telephone

----------------------------------------------------------------------------------------------------------------

1................................ American Samoa, California, Division of Federal Aid, 503-231-6128

Commonwealth of the Northern U.S. Fish & Wildlife

Mariana Islands, Guam, Service, Eastside Federal

Hawaii, Idaho, Nevada, Complex, 911 NE 11th

Oregon, and Washington. Avenue, Portland, OR 97232-

4181.

2................................ Arizona, New Mexico, Division of Federal Aid, 505-248-7465

Oklahoma, and Texas. U.S. Fish & Wildlife

Service, P.O. Box 1306, 500

Gold Avenue, SW,

Albuquerque, NM 87103.

3................................ Illinois, Indiana, Iowa, Division of Federal Aid, 612-713-5138

Michigan, Minnesota, U.S. Fish & Wildlife

Missouri, Ohio, and Service, Bishop Henry

Wisconsin. Whipple Federal Building, 1

Federal Drive, Fort

Snelling, MN 55111-4056.

4................................ Alabama, Arkansas, Florida, Division of Federal Aid, 404-679-7113

Georgia, Kentucky, U.S. Fish & Wildlife

Louisiana, Mississippi, Service, 1875 Century

North Carolina, Puerto Rico, Boulevard, Suite 240,

South Carolina, Tennessee, Atlanta, Georgia 30345.

and the Virgin Islands.

5................................ Connecticut, Delaware, Division of Federal Aid, 413-253-8406

District of Columbia, Maine, U.S. Fish & Wildlife

Maryland, Massachusetts, New Service, 300 Westgate

Hampshire, New Jersey, New Center Drive, Hadley, MA

York, Pennsylvania, Rhode 01035-9589.

Island, Vermont, Virginia,

and West Virginia.

6................................ Colorado, Kansas, Montana, Division of Federal Aid, 303-236-8155

Nebraska, North Dakota, U.S. Fish & Wildlife

South Dakota, Utah, and Service, P.O. Box 25486,

Wyoming. Denver, Colorado 80225.

7................................ Alaska....................... Division of Federal Aid, 907-786-3322

U.S. Fish & Wildlife

Service, 1011 East Tudor

Road, Anchorage, Alaska

99503.

----------------------------------------------------------------------------------------------------------------

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

You must submit a narrative that identifies and describes the

following:

(a) Needs within the purposes of the Act (if you have an approved

program plan, you must show how the activities in your proposal support

the State program plan).

(b) Discrete objective(s) you will accomplish during a specified

time.

including the numbers of recreational vessels and people the proposed

facility will serve.

(d) The approach you will use to meet the objectives.

(e) Amount and source of matching funds.

(f) Estimated schedule of fees for use of the facility.

(g) A summary of how the proposal meets each criterion. And,

(h) The approach you will use to meet the objectives include the

following:

(1) Specific procedures.

(2) Schedules.

(3) Key personnel and cooperators.

(4) Grant location.

(5) Innovative approaches.

(i) ``Innovative'' means unique approaches, combinations of unique

and proven or traditional approaches, or creative combinations of

proven or traditional approaches that synergistically increase the

availability of tie-up facilities beyond what we would expect;

(ii) Innovative approaches include education/information programs,

brochures, cruising guides, and charts.

(6) Public/private partnerships (partnerships between State

agencies, between States and municipalities, or between States and

private groups, individuals, or businesses).

(7) Education. ``Education'' means providing information to

transient boaters about:

(i) The 1 boating 1 infrastructure grant program;

(ii) The location of transient nontrailerable tie-up facilities;

(iii) Costs to use these facilities;

(iv) Safety and environmental awareness; and

(v) Services available at these facilities.

(8) Public access.

(9) Estimated costs.

Sec. 86.54 What are funding tiers?

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

(b) You may apply for one or both.

(d) Tier One funding will ensure broad geographical distribution to

meet the needs of boats 26 feet or more in length.

(e) Tier Two funding will allow States with large projects to

compete with other States with large projects based on individual

project merits.

(f) We describe the two tiers as follows:

(1) Tier One Projects.

(i) You may submit a grant with an unlimited number of projects

within this tier. However, your request cannot exceed $100,000 of

Federal funds;

(ii) We will use one score for all Tier One projects, using the

criteria in Sec. 86.60;

(iii) Tier One projects that receive a minimum score of 60 points

will automatically receive funds if they comply with the Federal Aid in

Sport Fish Restoration (SFR) Program and other Federal requirements;

and

[[Page 3340]]

(iv) If Tier One projects do not receive the required points, we

will include the projects in Tier Two.

(2) Tier Two Projects.

(i) There is no dollar limit for Tier Two, and you may submit any

number of projects, which we will score and rank separately; and

(ii) Each project will compete nationally against every other

project in Tier Two.

Sec. 86.55 How must I submit proposals?

(a) You may apply for either Tier One or Tier Two or both.

(b) You may submit more than one project within Tier One and Tier

Two.

Tier Two projects.

(d) If you submit Tier One and Tier Two projects you must describe

Tier One projects separately from Tier Two projects.

(e) You must describe each project in Tier Two separately, so that

we can rank and score each project in Tier Two separately.

(f) For the first grant cycle, which includes $16,000,000, you may

submit two sets of Tier One projects, each for the $100,000 limit. If

both projects meet the threshold criteria, we will fund them both, one

with FY 2000 funds, and the second one with FY 2001 funds.

(g) For the remaining grant cycles, you must submit only one set of

Tier One projects.

(h) When we approve projects, our regional office will determine

how many grant agreements are necessary.

Sec. 86.56 What are my compliance requirements with Federal laws,

regulations, and policies?

(a) To receive Federal funds, you must agree to and certify

compliance with all applicable Federal laws, regulations, and policies.

You must submit an assurances statement that describes how you comply

with Federal grant requirements. And,

(b) You may have to provide additional documentation to comply with

environmental and other laws, as defined in Fish and Wildlife Service

Manual 523 FW 1. The regional office grant administrator may request

preliminary evidence at the grant proposal stage that the proposed

project will meet these compliance requirements. Consult with regional

offices for specific applicability.

Subpart F--How the Service Selects Grants

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

(a) We will rank all proposals according to the criteria in

paragraph (b) of this section.

(b) We will consider proposals that:

(1) Are to construct and renovate tie-up facilities for transient

recreational boats 26 feet or more in length following your State's

program plan that we have approved under section 7404(c) of the

Sportfishing and 1 Boating Safety Act--15 points.

(2) Provide for public/private and public/public partnership

efforts to develop, renovate, and maintain tie-up facilities. These

partners must be other than the Service and lead State agency.

(i) One partner--5 points.

(ii) Two partners--10 points.

(iii) Three or more partners--15 points.

(3) Use innovative techniques to increase the availability of tie-

up facilities for transient vessels 26 feet or more in length (includes

education/information)--0-15 points.

(4) Include private, local, or other State funds besides the 25

percent State match, described in Sec. 86.40.

(i) Thirty-five percent above--5 points.

(ii) Between thirty-six and forty-nine percent above--10 points.

(iii) Fifty percent above--15 points.

(5) Are cost efficient. Proposals are cost efficient when the tie-

up facility or access site's features add a high value compared with

the funds from the proposal. For example, where you construct a small

feature such as a transient mooring dock within an existing harbor that

adds high value and opportunity to existing features (restrooms,

utilities, etc.). A proposal that requires installing all of the above

features would add less value for the cost--0-10 points.

(6) Provide a significant link to prominent destination way points

such as those near metropolitan population centers, cultural or natural

areas, or that provide safe harbors from storms--10 points.

(7) Provide access to recreational, historic, cultural, natural, or

scenic opportunities of local, regional, or national significance.

(i) Local significance--5 points.

(ii) Regional significance--10 points.

(iii) National significance--15 points.

(8) Provide significant positive economic impacts to a community.

For example, a project that costs $100,000 attracts a significant

number of boaters who spend $1 million a year in the community--1-5

points. And,

(9) Include multi-State efforts that result in coordinating

location of tie-up facilities--5 points.

(10) Total possible points--100 points.

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

Our Division convenes a panel of Federal Aid staff to review, rank,

and recommend funding to the Director. This panel will include

representatives from Washington, DC, and regional offices. The Director

may convene an advisory panel of nongovernmental organizations to

advise and make recommendations to the Federal panel. The Director will

make the selection of eligible grants by January 13, 2001, August 10,

2001, and August 10, 2002, for the three grant cycles.

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

After your award is approved, you will be notified to work with the

appropriate regional office to fulfill the grant documentation

requirements and finalize the grant agreement.

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

If you have a difference of opinion over the eligibility of

proposed activities or differences arising over the conduct of work,

you may appeal to the Director. Final determination rests with the

Secretary of the Interior.

Subpart G--How States Manage Grants

Sec. 86.70 What are my requirements to acquire, install, operate, and

maintain real and personal property?

(a) You will find applicable regulations for this subject in 43 CFR

12.71 and 12.72. If questions arise about applicability, you should

contact the appropriate regional office.

(b) You must ensure that the design and installation of tie-up

facilities provide for substantial structures that will have a

significant longevity, at least 20 years.

facilities and features for the stated grant purpose. You must obtain

prior written approval from the appropriate regional director before

you can convert these tie-up facilities to other uses.

Sec. 86.71 How will I be reimbursed?

For details on how you will be paid, refer to 43 CFR part 12, 31

CFR part 205, and any other regulations referenced in these parts.

[[Page 3341]]

Sec. 86.72 Are there any other requirements?

For administrative requirements not covered under these specific

guidelines, you should check 43 CFR part 12, which generally applies to

all Federal grant programs.

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

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

been completed.

Sec. 86.74 What if I need more money?

Funds for grants are available only on a competitive basis.

Therefore, if you need more money, you must compete in the next grant

cycle.

Subpart H--Report Requirements for the States

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

You must submit a quarterly performance report, an annual report,

and a final performance report. For additional information on

reporting, see 43 CFR part 12 and OMB Circular A-102.

Sec. 86.81 When are the reports due?

Reports are due as follows:

(a) Quarterly reports are due 30 days after the reporting period;

(b) Annual reports are due 90 days after the grant year; and

expiration or termination of grant support.

Sec. 86.82 What must be in the reports?

Reports must include the following:

(a) You must identify the actual accomplishments compared to the

objectives established for the period;

(b) You must identify the reasons for any slippage if established

objectives were not met; and

including, when appropriate, analysis and explanation of cost overruns

or high unit costs.

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

Sec. 86.90 What are my responsibilities for information signs?

You should install appropriate information signs at 1 boating

1 infrastructure tie-up facilities. You should ensure that this

information is clearly visible, directing boaters to the facility.

Information should show fees, restrictions, hours of operation, a

contact name, and telephone number to report an inoperable facility.

Sec. 86.91 What are my program crediting responsibilities?

You should give public credit to the Sport Fish Restoration program

as the source of funding for the 1 Boating 1 Infrastructure Grant Program.

You should recognize this program by using the Sport Fish Restoration

logo. You may use the crediting logo identified in Sec. 80.26 of this

chapter to identify National 1 Boating 1 Infrastructure Grant Program

projects.

Sec. 86.92 Who can use the SFR logo?

You the State may use the SFR logo. Encourage others to display the

logo. Other people or organizations may use the logo for purposes

related to the National 1 Boating 1 Infrastructure Grant Program as

authorized in Sec. 80.26 of this chapter.

Sec. 86.93 Where should I use the SFR logo?

You should display the logo on tie-up facilities you construct,

acquire, develop, or maintain under these grants. You should also use

the logo on printed material or other visual representations that

relate to project accomplishments or education/information. Refer to

Sec. 85.47 of this chapter for logo colors.

Sec. 86.94 What crediting language should I use?

Suggested examples of language to use when crediting the National

1 Boating 1 Infrastructure Grant Program follow:

(a) Example 1: The Sport Fish Restoration Program funded this

facility thanks to your purchase of fishing equipment and motorboat

fuels.

(b) Example 2: The Sport Fish Restoration Program is funding this

construction thanks to your purchase of fishing equipment and motorboat

fuels. And,

(pamphlet) thanks to your purchase of fishing equipment and motorboat

fuels.

Subpart J--Service Completion of the National Framework

Sec. 86.100 What is the National Framework?

The National Framework is the method you must use to conduct a

State survey to determine 1 boating access needs in your State. ``State

survey'' means 1 boating access needs assessment or data collection to

determine the adequacy, number, location, and quality of tie-up

facilities and boat access sites providing access to recreational

waters for all sizes of recreational boats. ``Boat access site'' means

a place where boats less than 26 feet long enter the water.

``Recreational waters'' means navigable waters that recreational

vessels 26 feet or more in length use for recreational purposes.

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

Framework?

We plan to adopt the National Framework by April 30, 2000. We will

consult with the States to develop this framework.

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

The Framework divides the survey into two components, boater survey

and boat access provider survey.

(a) The boater survey component.

(1) We designed these questions to obtain information identifying

boat user preferences and concerns for existing and needed access

available to the public.

(2) The nontrailerable boat data set will fulfill informational

needs for you to develop your State program plans as called for in the

Act.

(3) The boater survey will survey registered boat owners in your

State for two types of boats:

(i) Part A--for boats 26 feet or more in length.

(ii) Part B--for trailerable and `car-top' boats (less than 26 feet

long).

(b) The boat access provider component.

(1) We designed these questions to obtain information identifying

boat access providers' ideas about current and needed facility and site

locations, and providers' perceptions of boat user preferences and

concerns regarding access.

(2) We developed these questions to guide interviews of boat access

facility and site managers.

(3) The nontrailerable boat data set will fulfill the informational

needs for you to develop your State plans as called for in the Act.

(4) The boat access provider survey will survey facility providers

in your State for two types of boats:

(i) Part C--a survey to all providers in your State, including

State agency and non State entities (Federal and local government

entities, corporate and private/commercial providers) that operate tie-

up facilities for boats 26 feet or more in length.

(ii) Part D--a survey to all providers in your State that operate

boat access sites for boats less than 26 feet long.

Subpart K--How States Will Complete Access Needs Surveys

Sec. 86.110 What does the State survey do?

The State survey determines the current status of 1 boating access

facilities for all recreational boats in your State and your future

boater access needs.

[[Page 3342]]

Sec. 86.111 Must I do a survey?

Surveys are not required. They are voluntary. However, if you do a

survey, you must complete it following the National Framework to

receive funds.

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

Surveys provide the information necessary to fully understand the

needs of boaters in your State. Surveys allow you to develop a

meaningful plan to provide better access to boaters. Surveys are

required to complete the plan. The plan will make you more competitive

when you submit grants under this program. We will give you 15 points

for having an approved plan.

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

If the recent survey substantially answers the questions in

Sec. 86.118, the appropriate regional office will determine if it is

sufficient to meet the needs of the program. If the regional office

determines that the survey is not sufficient, you must complete that

part(s) or an entire new survey to receive credit for completing a

recent survey.

Sec. 86.114 Do I need to conduct a survey if I already have a plan

installing tie-up facilities for boats 26 feet or more in length?

You need not conduct the survey if we certify that you have

developed and are carrying out a State program plan that ensures there

are and will be public boat access adequate to meet the needs of

recreational boaters on your waters.

Sec. 86.115 How should I administer the survey?

Use a consultant or university specializing in administration of

such surveys. Design the sample sizes needed to achieve statistical

accuracy so the estimate is within 10 percent of the true number. You

must not alter the survey questions, since we need information that is

comparable nationwide. You may use a telephone, mail, or other type of

survey for a sample population of boaters within the State. Costs for

telephone and mail surveys are similar. However, response rate for mail

surveys is lower, and not as effective. For boat access providers, we

prefer you survey all State agency and non State providers, but you may

survey a sample population. You may develop your own methodology to

collect data, which may include telephone, mail, fax or other inventory

means. We do not expect you to use automated, electronic, mechanic, or

other means of information collection. Data collected are unique to

each respondent. You should follow up on the same respondents until you

reach 70 percent of the respondents.

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

You must not change the questions. We have developed a survey

instrument for completing the surveys. We are obtaining approval from

OMB on the questions identified below. Such approval does not extend to

additional questions.

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

The Service schedule is as follows:

(a) Request for survey to OMB--by December 17, 1999.

(b) OMB approves Survey--by March 17, 2000.

(d) You submit your survey results to regional offices, or we

certify you have an adequate State program plan--by August 19, 2000.

And,

(e) Regions approve surveys--by September 19, 2000.

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

(a) We divided this survey into four parts. Part A is for transient

nontrailerable boat owners. Part B is for trailerable or ``car-top''

(less than 26 feet) boat owners. Part C is for State agency and non

State providers of facilities for boats 26 feet or more in length in

the State. Part D is for State and non State providers of access sites

for trailerable or ``car-top'' boats.

(b) Follow these instructions to complete Part A--BOAT OWNER SURVEY

FOR TIE-UP FACILITIES FOR BOATS 26 FEET OR MORE IN LENGTH:

(1) If the boater owns a boat 26 feet or more in length, ask the

boater to fill out Part A.

(2) If the boater owns more than one boat 26 feet or more in

length, ask the boater to provide information for the boat he or she

uses MOST OFTEN.

(3) If the boater owns at least one boat more than and at least one

boat less than 26 feet in length, ask the boater to fill out both Parts

A and B. And,

(4) You should collect enough information to obtain the sample size

needed to achieve statistical accuracy so the estimate is within 10

percent of the true number.

FOR TRAILERABLE OR `CAR-TOP' BOAT ACCESS SITES:

(1) If the boater owns a boat less than 26 feet long, ask the

boater to fill out Part B.

(2) If the boater owns more than one boat less than 26 feet long,

ask the boater to provide information for the boat he or she uses most.

(3) If the boater owns at least one boat more than and at least one

boat less than 26 feet in length, ask the boater to complete both Parts

A and B. And,

(4) You should collect enough information to obtain the sample size

needed to achieve statistical accuracy so the estimate is within 10

percent of the true number.

(d) Parts C and D are the transient tie-up facility and boat access

site provider surveys. Part C is for State agency and non State

providers of facilities for boats 26 feet or more in length in the

State. Part D is for State and non State providers of boat access sites

for boats under 26 feet in length.

(e) Follow these instructions to complete Part C--STATE AGENCY AND

NON STATE PROVIDER SURVEY FOR TRANSIENT TIE-UP FACILITIES:

(1) Ask State agency and non State providers of transient

facilities for boats 26 feet or more in length to fill out Part C.

(2) If more than one State agency manages these facilities, send

this survey to all of those agencies.

(3) If the State agency or non State provider awards grants to

others who provide facilities, ask these grantees to respond for these

facilities instead of the State agency or non State provider.

(4) If a State agency or non State provider operates transient

facilities/sites for both nontrailerable and trailerable boats, ask the

provider to fill out both Parts C and D.

(5) Ask State agency and non State providers to identify all

transient tie-up facilities.

(6) For all questions, if you need additional space, make copies of

the appropriate page.

(f) Follow these instructions to complete Part D--STATE AGENCY AND

NON STATE PROVIDER SURVEY FOR TRAILERABLE OR `CAR-TOP' BOAT ACCESS

SITES:

(1) Ask State agency and non State providers of boat access sites

for boats less than 26 feet long to fill out Part D.

(2) Non State providers include the Federal Government, local

government, corporate, private/commercial, etc., providers.

(3) If more than one State agency manages these sites, send this

survey to all of them.

(4) If the State agency or non State provider awards grants to

others who provide sites, ask these grantees to respond for these sites

instead of the State agency or non State provider.

(5) If a State agency or non State provider operates transient

facilities/

[[Page 3343]]

sites for both nontrailerable and trailerable boats, ask the provider

to fill out both Parts C and D.

(6) We prefer that the State agency or non State provider identify

all boat access sites and water-bodies, but if he or she has many sites

and water-bodies, the provider may group the information together

rather than identify each site individually. ``Water-body'' means the

lake, section of river, or specific area of the coast, such as a harbor

or cove, where tie-up facilities or boat access sites are located.

(7) For all questions, if you need additional space, make copies of

the appropriate page.

(g) Following is the survey instrument for Parts A through D:

Subpart L--Completing the Comprehensive National Assessment

Sec. 86.120 What is the Comprehensive National Assessment?

The Comprehensive National Assessment is a national report

integrating the results of State boat access needs and facility

surveys.

Sec. 86.121 What does the Comprehensive National Assessment do?

The Comprehensive National Assessment determines nationwide the

adequacy, number, location, and quality of public tie-up facilities and

boat access sites for all sizes of recreational boats.

Sec. 86.122 Who completes the Comprehensive National Assessment?

The Service completes the Assessment. We will develop standards in

consultation with the States.

Sec. 86.123 When is the Comprehensive National Assessment due?

The Comprehensive National Assessment is due as follows:

(a) We develop the assessment by February 20, 2001;

(b) The public reviews the assessment by April 5, 2001; and,

Sec. 86.124 What are the Comprehensive Assessment products?

The Comprehensive Assessment products are:

(a) A single report, including the following information:

(1) A national summary of all the information gathered by you in

your survey.

(2) A table of States showing the results of the information