Clean Vessel Act Pumpout Grant Program

DEPARTMENT OF THE INTERIOR

50 CFR Part 85

RIN: 1018-AB95

Clean Vessel Act Pumpout Grant Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule provides the requirements for participation in the

Clean Vessel Act Grant Program authorized by Section 5604 of the Clean

Vessel Act of 1992. This rule provides for the uniform administration

of this new grant program.

DATES: This rules becomes effective April 11, 1994.

Proposals will be accepted for FY 1995 funds ($7.05 million)

between the effective date and April 29, 1994. For FY 1996 and FY 1997,

proposals will be due by May 1 of the year preceding that fiscal year

(e.g., May 1, 1995 for FY 1996).

ADDRESSES: Copies may be obtained by mailing a request to the Division

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

Interior, 1849 C Street, NW, MS 140 ARLSQ, Washington, DC 20240, or

obtained from the Division of Federal Aid, Fish and Wildlife Service,

U.S. Department of the Interior, room 140, 4401 North Fairfax Drive,

Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Columbus Brown, Chief, Division of Federal Aid, (703) 358-2156.

SUPPLEMENTARY INFORMATION:

Background

Sweage discharged by recreational boaters is a substantial

contributor to localized degradation of water quality in the United

States. The discharge of untreated sewage by boaters is prohibited

under Federal law in all areas within the navigable waters of the

United States. Many boaters have Type III marine sanitation devices

(holding tanks), or portable toilets for sewage. However, there is

currently an inadequate number of pumpout stations and dump stations

for boaters to dispose of their sewage. The purpose of the Act,

therefore, is to provide funds to States for the construction,

renovation, operation, and maintenance of pumpout and dump stations to

improve water quality.

Section 5604 of the Clean Vessel Act (Pub. L. 102-587, Subtitle F)

authorizes the Director of the U.S. Fish and Wildlife Service

(Director) to make grants to coastal States for conducting surveys of

the status of existing facilities and need for additional facilities,

and developing plans for the provision of facilities; and to all States

for constructing/renovating pumpout and dump stations and for

implementing associated education programs. Funds will be available on

a competitive basis to ensure that grants address the highest national

priorities. Amounts made available to the Service in a fiscal year are

available for obligating to the States for two years. Funds obligated

to the States by the Service are normally spent within the year that

these funds are obligated, but are available until expended on that

grant.

Summary of Comments and Recommendations

In the July 8, 1993, Interim Rule for the Clean Vessel Act Pumpout

grant Program, all interested parties were requested to submit comments

that might contribute to the development of a final rule for a 45 day

period ending August 23, 1993. Appropriate State and Federal agencies,

local governments, boaters and boating organizations, marina owners/

operators, marine equipment manufacturers and retailers, conservation

organizations, and other interested parties were contacted and

requested to comment.

A total of 2 written comment letters on the guidelines were

received by the Service from 2 marine equipment manufacturers. Both

comment letters made suggestions to clarify and recommendations to

modify some of the language and guidance. In addition, 1 letter opposed

the direction of the Clean Vessel Act to install pumpout and dump

stations, recommending on-board treatment instead.

In addition to the comments received, ten changes were made. The

first change is in the Summary, Other Dates, and in Sec. 85.21(b): The

next application period will end April 29, 1994, with $7.05 million

available. The second change is in the Background, second paragraph,

last sentence: language was added to clarify that the funds available

to the Service each year are available for obligation to the States for

two years. If not obligated in that two-year period, the funds are

turned over to the U.S. Coast Guard for boat safety. Once obligated to

the States, however, the funds are normally spent in the year

obligated, but are available until expended.

The third change is in the information collection requirements

section, last two sentences: The collection of survey information has

been approved by OMB, and the Service may now fund the State surveys.

The fourth change is in Sec. 85.20(b)(2), first sentence, and 85.20

(c)(3): Floating restrooms have been added as eligible for federal aid

funding. This addition makes these guidelines in agreement with the

technical guidelines, in which the Oregon State Marine Board commented

that these restrooms should be eligible because they meet the intent of

the Act to reduce vessel sewage pollution, are used solely by boaters,

and provide the only means to reasonably accommodate human waste from

boaters using smaller recreational watercraft 12-18 ft that do not

carry portable toilets or do not have holding tanks.

The fifth change is in Sec. 85.22(d), Grant proposals, after

innovative approaches: public/private partnerships, education,

sensitive waters, and public access were added. The sixth change is in

Sec. 85.30 Grant selection criteria, at end of section: Points have

been added to each of the criteria for both coastal and inland States.

The seventh change is in Section 85.31 Grant selection, first sentence:

Regional Offices have been deleted from the ranking panel and NOAA, EPA

and USCG have been added, along with the Service's Washington office

Division of Federal Aid personnel.

The eighth change is in Sec. 85.31 Grant selection., second

sentence: The date for the Director to make the selection has been

changed to August 1, annually. The ninth change is in Sec. 85.44, last

sentence: the phrase, ``for the useful life'', was deleted, and the

phrase, ``as long as the facility is needed and it serves its intended

purpose'', was added. This better reflects how long proceeds should be

used for operation and maintenance. An additional sentence was also

added, ``Maximum fee shall be evaluated for inflation, etc., each

year.'' This sentence was added because conditions may change through

time which may require changes in the maximum fee that should be

charged. The tenth change is in Sec. 85.48, after (b): This guidance

was added because some States have a question on how they should

receive payment for funds expended under this grant program.

A total of 6 issues were identified by the commenters. The Service

considered all suggestions and recommendations. This final guideline

revises the proposed guidelines based on the issues raised by the

commenters and makes other changes to clarify the requirements in the

interim guidelines. Those comments adopted are included in the final

guidelines in the appropriate sections. The following is a discussion

of the issues raised by the commenters, the Service's responses to

those issues, and a summary of changes made to the proposed guidelines.

Issue 1. Raritan Engineering Co., Inc.: Regarding the Clean Vessel

Act: Low density of pumpout stations is not the problem. Pumpout

stations have not been installed or used because they are messy,

problematic and distasteful. The primary problems with marine

sanitation today are: (1) Less than desirable compliance of existing

legislation; (2) difficulty enforcing existing legislation; (3) the

absence of systems appropriate for all types of boats, boaters, and

boating; (4) unfair allowances for treated waste water discharge from

municipal waste water plants while treated waste water from boating

sources is restricted; and (5) the specter of additional no discharge

zone approvals. The Clean Vessel Act attempts to solve the first

problem. It will not be successful, however, because the cause has been

misidentified. Additionally, it does not address problems 2 and 3, and

will heighten problems 4 and 5. The Clean Vessel Act contains no

provision to provide funds to improve or enhance on-board treatment of

boat generated sewage, which is the future of marine sanitation. The

Act should be amended to provide 50% of the Wallop-Breaux funds made

available to be spent on the documentation of on-board treatment

systems successes, and to fund research and development programs for

improved on-board treatment systems to make them more feasible for the

vast numbers of small recreational boats.

Response: The Clean Vessel Act addresses Type III marine sanitation

devices, or holding tanks, only. Types I and II, as discussed by the

commenter, are not addressed in the current legislation. Suggestions

made by the commenter would need additional legislation, as the Service

is not authorized to make such changes.

Issue 2. Raritan Engineering Co., Inc.: Background, first sentence:

The word ``may be'' does not correspond to the wording in the Act,

which states that ``Sewage discharged * * * is a substantial

contributor * * *''

Response: The words ``may be'' have been deleted, and the word

``is'' has been substituted.

Issue 3. Raritan Engineering Co., Inc.: Subpart C, Part 85.30 Grant

selection criteria, subpart (d): after pumpout and dump stations add

``and treatment''.

Response: As mentioned above in response to issue 1, treatment is

not within the scope of the Act.

Issue 4. Raritan Engineering Co., Inc.: Subpart C, Part 85.30 Grant

selection criteria: after (g), add ``(h) Proposals for innovative ways

to develop on-board treatment systems (Type I and/or II) that would be

more appropriate for smaller boats (boats under 30').''

Response: As mentioned above in response to issue 1, treatment is

not within the scope of the Act.

Issue 5. Raritan Engineering Co., Inc.: Subpart C, Part 85.30 Grant

selection criteria: after proposed (h) add ``(i) Proposals to survey

coastal boaters to establish the needs of smaller boaters such that on-

board treatment systems may be developed to meet the needs more

precisely.''

Response: As mentioned above in response to issue 1, treatment is

not within the scope of the Act.

Issue 6. Sealand Technology, Inc.: Section 85.44 Fee charges, first

sentence: The maximum fee of $5.00 may deter pumpout station

installation for two reasons: waste disposal costs may warrant a higher

fee, and a provision should be made for very large holding tanks (50

gallons plus).

Response: The Service agrees that there may be situations in which

a higher fee may be needed, and a statement that higher fees should be

justified has been added.

Environmental Effects

The effects on the physical, biological and sociological

environment are too broad, speculative, and conjectural to be analyzed

meaningfully. Therefore, the action is categorically excluded from any

National Environmental Policy Act documentation pursuant to 516 DM 2.3

A(2). However, construction/renovation of pumpout and dump stations

will require separate environmental consideration.

All actions that may be funded by this national grant program will

comply with requirements of the National Environmental Policy Act

(Appendix 1 of 516 Department Manual 6) prior to the funding.

Compliance with the National Environmental Policy Act and other

environmental laws related to the Endangered Species Act, Coastal

Barriers Resources Act as amended by the Coastal Barrier Improvement

Act, Coastal Zone Management Act, Executive Orders on Floodplains (E.O.

11988) and Wetlands (E.O. 11990), historic/cultural resources, prime

and unique farmlands, and the Clean Water Act shall be completed before

grant agreements are approved by the Fish and Wildlife Service.

Information Collection Requirements

The information collection requirements contained in this rule,

except for surveys, are only those necessary to fulfill applicable

requirements of 43 CFR Part 12, and have been approved by the Office of

Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501

et seq.). The collection of survey information contained in this rule

was approved by the Office of Management and Budget as required by 44

U.S.C. 3501 et seq., October 18, 1993, OMB No. 1018-0086, expiration

date September 30, 1996. Burden is expected to be 176,665 responses and

30,033 reporting hours.

Statement of Effects

This rule was not subject to Office of Management and Budget review

under E.O. 12866. The grant program does not involve ``taking'' as

described in Executive Order 12630. The rule allows eligible States to

make decisions regarding the development and submission of proposed

grants for surveys, plans, construction/renovation and education.

Therefore, it is consistent with Executive Order 12612 on Federalism.

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.) The effects of these

rules 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 be

the recipients of grants.

Intergovernmental Review of Federal Programs

This Clean Vessel Act Grant Program is covered under Executive

Order 12372 ``Intergovernmental Review of Federal Programs'' and 43 CFR

part 9 ``Intergovernmental Review of Department of the Interior

Programs and Activities.'' Under the Order, States may design their own

processes for reviewing and commenting on proposed Federal assistance

under covered programs.

States and Territories that participate in the Executive Order

process have established Single Points of Contact (SPOCs). Applicants

should alert their SPOCs to the prospective applications and receive

any necessary instructions to provide material as required by the SPOC.

It is imperative that the applicant submit all required materials, if

any, to the SPOC and indicate the date of this submittal (or the date

of contact if no submittal is required) on the narrative. Applicants

from States that choose to exempt the grants need take no action

regarding E.O. 12372.

Author

The primary author of these rules is Robert D. Pacific, U.S. Fish

and Wildlife Service.

List of Subjects in 50 CFR Part 85

Grant program, Grant procedures, Program policy, Project selection

criteria, Natural resources, Coastal waters, Pumpout station, Dump

station, Recreational vessel, Coastal zone management, Information

collection, Recordkeeping and reporting requirements.

Regulation Promulgation

For the reasons set out in the preamble, Subchapter F of Chapter I,

Title 50 of the Code of Federal Regulations is amended by revising Part

85.

PART 85--CLEAN VESSEL ACT GRANT PROGRAM

Subpart A--General

Sec.

85.10 Purpose and scope.

85.11 Definitions.

85.12 Information collection, recordkeeping, and reporting

requirements.

Subpart B--Application for Grants

85.20 Eligible activities.

85.21 Application procedures.

85.22 Grant proposals.

Subpart C--Grant Selection

85.30 Grant selection criteria.

85.31 Grant selection.

Subpart D--Conditions on Use/Acceptance of Funds

85.40 Cost sharing.

85.41 Allowable costs.

85.42 Real and personal property.

85.43 Signs and symbols.

85.44 Fee charges for use of facilities.

85.45 Public access to facilities and maintenance.

85.46 Survey and plan standards.

85.47 Program crediting.

85.48 Compliance with Federal laws, regulations, and policies.

Authority: Public Law 102-587, Subtitle F.

Subpart A--General

Sec. 85.10 Purpose and scope.

The purpose of this Part is to establish requirements for state

participation in the Clean Vessel Act Grant Program authorized by

Section 5604 of the Clean Vessel Act (Public Law 102-587, Subtitle F).

Sec. 85.11 Definitions.

Terms used in this Part shall have the following meaning:

(a) Clean Vessel Act or Act. The Clean Vessel Act (Pub. L. 102-587,

subtitle F).

(b) Coastal State. A State of the United States in, or bordering

on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long

Island Sound, or one or more of the Great Lakes. The term also includes

Puerto Rico, the Virgin Islands, Guam, and the Commonwealth of the

Northern Mariana Islands. The term excludes Alaska and American Samoa

because these States have a ratio of the number of recreational vessels

in the State numbered under chapter 123 of title 46, United States

Code, to number of miles of shoreline (as that term is defined in

Sec. 926.2(d) of title 15, Code of Federal Regulations, as in effect on

January 1, 1991), of less than one.

(c) Costal waters. In the Great Lakes area, the waters within the

territorial jurisdiction of the United States consisting of the Great

lakes, their connecting waters, harbors, roadsteads, and estuary-type

areas such as bays, shallows, and marshes. In other areas, those

waters, adjacent to the shorelines, which contain a measurable

percentage of sea water, including sounds, bays, lagoons, bayous,

ponds, and estuaries.

(d) Coastal zone. Coastal zone has the same meaning that the term

has in section 304(1) of the Coastal Zone Management Act of 1992 (16

U.S.C. 1453(1)). The coastal zone consists of coastal waters (including

the lands therein and thereunder) and the adjacent shorelands,

including islands, transitional and intertidal areas, salt marshes,

wetlands, and beaches. The zone extends, in Great Lakes waters, to the

international boundary between the United States and Canada and, in

other areas, seaward to the outer limit of the United States

territorial sea. The zone extends inland from the shorelines only to

the extent necessary to control shorelands and protect coastal waters.

(e) Construction. Activities which produce new capital improvements

and increase the value of usefulness of existing property.

(f) Dump station. A facility specifically designed to receive

sewage from portable toilets carried on vessels. Dump stations do not

include lavatories or restrooms.

(g) Education/information. The education/information program, as

identified in the technical guidelines as published in the Federal

Register, designed to make recreational boaters aware of the

environmental pollution problem resulting from sewage discharges from

vessels and inform them of the location of pumpout and dump stations.

(h) Eligible applicant. An agency of a State designated by the

Governor.

(i) Facility. A pumpout station or dump station.

(j) Grant. An award of financial assistance, including cooperative

agreements, in the form of money, or property in lieu of money, by the

Federal Government to an eligible grantee.

(k) Inland State. A State which is not a coastal State. The

District of Columbia, American Samoa and Alaska are included as inland

States (Rationale for Samoa and Alaska being inland States can be found

in Sec. 85.11(b) above).

(l) Maintenance. Those activities necessary for upkeep of a

facility. These are activities that allow the facility to function and

include routine recurring custodial maintenance such as housekeeping

and minor repairs as well as the supplies, materials, and tools

necessary to carry out the work. Also included is non-routine cyclical

maintenance to keep facilities fully functional.

(m) Operation. Those activities necessary for the functioning of a

facility to produce desired results. These are activities that make the

facility work.

(n) Plans. Those plans identified in the technical guidelines as

published in the Federal Register, for construction or renovation of

pumpout and dump stations necessary to ensure that there are adequate

and reasonably available stations to meet the needs of recreational

vessels using the coastal waters of the State.

(o) Pumpout station. A facility that pumps or receives sewage from

a type III marine sanitation device (holding tank) installed on board

vessels.

(p) Recreational vessel. Watercraft manufactured for operation, or

operated, primarily for pleasure. This term includes any watercraft

leased, rented, or chartered to another for the latter's pleasure.

(q) Renovation. Major rehabilitation of a facility to restore it to

its original intended purpose.

(r) Surveys. Those surveys identified in the technical guidelines

as published in the Federal Register. Surveys are designed to determine

the number and location of all operational pumpout and dump stations at

public and private marinas, mooring areas, docks, and other boating

access facilities within the coastal zone. Surveys also are designed to

determine the number of recreational vessels in coastal waters with

holding tanks or portable toilets, and the areas of coastal waters

where those vessels congregate.

(s) Type III marine sanitation device (holding tank). Any equipment

for installation on board a vessel which is specifically designed to

receive, retain, and discharge sewage.

Sec. 85.12 Information collection, record keeping, and reporting

requirements.

(a) The information collection requirements for this grant program,

except for surveys, are those necessary to comply with 43 CFR 12 which

include a narrative statement as identified in 85.22 Grant Proposals.

The collection of survey information contained in this rule was

approved by the Office of Management and Budget as required by 44

U.S.C. 3501 et seq., October 18, 1993, OMB No. 1018-0086, expiration

date September 30, 1996.

(b) Record keeping requirements include the tracking of costs and

accomplishments related to the grant as required by 43 CFR 12.60,

monitoring and reporting program performance (43 CFR 12.80), and

financial reporting (43 CFR 12.81).

(c) Reporting requirements include retention and access

requirements as required by 43 CFR 12.82.

Subpart B--Application for Grants

Sec. 85.20 Eligible activities.

(a) Eligible grant activities--coastal States:

(1) Eligible activities include identification in the coastal zone

of all operational pumpout and dump stations, and surveys of

recreational vessels in coastal waters with holding tanks or portable

toilets, and the areas where those vessels congregate. Also eligible

are costs of developing a list, including chart coordinates, of all

operational pumpout and dump stations in the coastal zone of the State,

for submission to the Fish and Wildlife Service.

(2) Plans for construction and renovation of pumpout and dump

stations in the coastal zone of the State necessary to ensure that

these stations are adequate and reasonably available to meet the needs

of recreational vessels using the coastal waters of the State.

Completed Stated-funded plans may be submitted after the technical

guidelines appear in the Federal Register.

(b) Eligible grant activities--all States:

(1) Eligible grant activities include education/information program

to educate/inform recreational boaters about the environmental

pollution problems resulting from sewage discharges from vessels and to

inform them of the location of pumpout and dump stations.

(2) Eligible grant activities include the construction, renovation,

operation and maintenance of pumpout and dump stations, including

floating restrooms in the water, not connected to land or structures

connected to the land, used solely by boaters. Eligible grant

activities also include any activity necessary to hold and transport

sewage to sewage treatment plants, such as holding tanks, piping,

haulage costs, and any activity necessary to get sewage treatment

plants to accept sewage, such as installing bleed-in facilities.

(c) Ineligible activities:

(1) Activities that do not provide public benefits.

(2) Enforcement activities.

(3) Construction/renovation of upland restroom facilities.

(4) Construction, renovation, operation and maintenance of on-site

sewage treatment plants, such as package treatment plants and septic

systems, and of municipal sewage treatment plants for primary and

secondary treatment.

Sec. 85.21 Application procedures.

(a) Eligible applicants will submit their proposals to the

appropriate Regional Office of the U.S. Fish and Wildlife Service.

Region 1 States Include--American Samoa, California, Commonwealth of

the Northern Mariana Islands, Guam, Hawaii, Idaho, Nevada, Oregon, and

Washington

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

Federal Complex, 911 NE 11th Avenue, Portland, Oregon 97232-4181,

(503) 231-6128

Region 2 States Include--Arizona, New Mexico, Oklahoma, and Texas

Division of Federal Aid, U.S. Fish and Wildlife Service, P.O. Box

1306, 500 Gold Avenue SW., Albuquerque, New Mexico 87103, (505) 766-

2095

Region 3 States Include--Illinois, Indiana, Iowa, Michigan, Minnesota,

Missouri, Ohio, and Wisconsin

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

Henry Whipple Federal Building, 1 Federal Drive, Fort Snelling,

Minnesota 55111-4056, (612) 725-3596

Region 4 States Include--Alabama, Arkansas, Florida, Georgia, Kentucky,

Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina,

Tennessee, and the Virgin Islands

Division of Federal Aid, U.S. Fish and Wildlife Service, 1875

Century Boulevard, Suite 324, Atlanta, Georgia 30345, (404) 679-4159

Region 5 States Include--Connecticut, Delaware, District of Columbia,

Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,

Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia

Division of Federal Aid, U.S. Fish and Wildlife Service, 300

Westgate Center Drive, Hadley, Massachusetts 01035-9589, (413) 253-

8501

Region 6 States Include--Colorado, Kansas, Montana, North Dakota,

Nebraska, South Dakota, Utah, and Wyoming

Division of Federal Aid, U.S. Fish and Wildlife Service, 134 Federal

Building, P.O. Box 25486, Denver, Colorado 80225

134 Union Boulevard, third floor, Lakewood, Colorado 80225, (303)

236-7392

Region 7 State Includes--Alaska

Division of Federal Aid, U.S. Fish and Wildlife Service, 1011 East

Tudor Road, Anchorage, Alaska 99503, (907) 786-3435

(b) Proposals will be accepted for FY 1995 funds ($7.05 million)

between the effective date and April 29, 1994. For FY 1996 and FY 1997,

proposals will be due by May 1 of the year preceding that fiscal year

(e.g., May 1, 1995 for FY 1996).

Sec. 85.22 Grant proposals.

Grant proposals will consist of a narrative which identifies and

describes the following:

(a) The need within the purposes of the Act (Coastal States with

approved plans should indicate how the activities contained in the

proposal implements the plan);

(b) Discrete objective(s) to be accomplished during a specified

time period that address the need(s);

(c) Expected results or benefits from accomplishing the objectives,

including the numbers of recreational vessels and people served;

(d) The approach to be used in meeting the objectives, including

specific procedures, schedules, key personnel, cooperators, grant

location, innovative approaches, public/private partnerships,

education, sensitive waters, public access, and estimated costs;

(e) Amount and source of matching funds; and,

(f) Fees for use of facility.

Subpart C--Grant Selection

Sec. 85.30 Grant selection criteria.

The Director shall give priority consideration to grant proposals

that meet the criteria listed in Subsections a-h and in the

accompanying chart:

(a) In coastal States that have no survey or plan, proposals to

complete such survey and plan;

(b) Proposals for constructing and renovating pumpout and dump

stations without an approved plan;

(c) In coastal States, proposals for constructing and renovating

pumpout and dump stations in accordance with a coastal State's plan

approved under section 5603(c) of the Clean Vessel Act, and for inland

States, proposals for constructing and renovating pumpout and dump

stations in accordance with an inland State's plan;

(d) Proposals that provide for public/private partnership efforts

to develop and operate pumpout and dump stations;

(e) Proposals for innovative ways to increase the availability and

use of pumpout and dump stations, e.g., where private parties put in

more than the minimum amount;

(f) Proposals that include an education/information component;

(g) Proposals that benefit the waters most likely to be affected by

the discharge of sewage from vessels, including the waters as defined

in the technical guidelines as published in the Federal Register; and,

(h) Proposals in areas with high vessel/pumpout or dump station

ratios.

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Points

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

Criteria Coastal Inland

state state

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a. Do a survey/plan................................. 50 ........

b. Construct w/no plan.............................. 10 5

c. Construct with plan.............................. 20 10

d. Partnership...................................... 10 5

e. Innovative approach.............................. 5 2

f. Education........................................ 5 2

g. Sensitive area................................... 5 2

h. Low pumpout ratio................................ 5 2

Total

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Sec. 85.31 Grant selection.

The Fish and Wildlife Service, Division of Federal Aid, will

convene a ranking panel of Federal employees, to include

representatives from the Service's Washington Office of the Division of

Federal Aid, the National Oceanic and Atmospheric Administration, the

Environmental Protection Agency, and the U.S. Coast Guard, to review,

rank, and make funding recommendations to the Director of the Fish and

Wildlife Service. The Director will make the selection of eligible

grants by August 1, annually. Upon selection of a proposal the

appropriate Regional Office will advise the successful applicant of

additional documentation requirements.

Subpart D--Conditions on Use/Acceptance of Funds

Sec. 85.40 Cost sharing.

(a) The Federal share shall not exceed 75% of total costs approved

in the grant agreement.

(b) The provisions of 43 CFR 12.64 apply to cost sharing or

matching requirements. Third party in-kind contributions must be

necessary and reasonable to accomplish grant objectives and represent

the current market value of noncash contributions furnished as part of

the grant by another public agency, private organization, or

individual.

Sec. 85.41 Allowable costs.

(a) Allowable grant costs are limited to those costs that are

necessary and reasonable for accomplishment of approved grant

objectives and meet the applicable Federal cost principles in 43 CFR

12.60(b). Purchase of informational signs, program signs, and symbols

designating pumpout and dump stations, are allowable costs.

(b) Grants or facilities designed to include purposes other than

those eligible under the Act shall have the costs prorated equitably

among the various purposes. Grant funds shall only be used for the part

of the activity related to the Clean Vessel Act.

(c) Costs incurred prior to the effective date of the grant

agreement are not allowable with the exception that preliminary costs

are allowed only with the approval of the appropriate Regional

Director. Preliminary costs may include such items as feasibility

surveys, engineering design, biological reconnaissance, appraisals, or

preparation of grant documents such as environmental assessments for

compliance with the National Environmental Policy Act.

Sec. 85.42 Real and personal property.

(a) Applicable regulations regarding acquisition, property records,

maintenance, and disposal of real property and equipment are found in

43 CFR 12.71 and 12.72. If questions arise regarding applicability, the

appropriate Regional Office should be contacted.

(b) A State shall ensure that design and installation of the

facilities are in accordance with the technical standards identified in

the technical guidelines as published in the Federal Register.

(c) The State must ensure that facilities are operated and

maintained, and that structures or related assets are used for the

stated grant purpose.

Sec. 85.43 Signs and symbols.

A national symbol, to be developed, should be installed to be

clearly visible to direct boaters entering the facility to pumpout and

dump stations. Appropriate information signs should be installed at

pumpout and dump stations. Such information could indicate fees,

restrictions, hours of operation, operating instructions, and a contact

name and telephone number if the facility is inoperable.

Sec. 85.44 Fee charges for use of facilities.

A maximum of a $5.00 fee may be charged, with no justification, for

use of pumpout facilities constructed, operated or maintained with

grant funds. If higher fees are charged, they must be justified before

the proposal can be approved. Such proceeds shall be retained,

accounted for, and used by the operator to defray operation and

maintenance costs as long as the facility is needed and it serves its

intended purpose. The maximum fee shall be evaluated for inflation,

etc., each year.

Sec. 85.45 Public access to facilities and maintenance.

All recreational vessels must have access to pumpout and dump

stations funded under this grant program. Facilities shall be operated,

maintained, and continue to be reasonably accessible to all

recreational vessels for the full period of their useful life.

Sec. 85.46 Survey and plan standards.

(a) Survey standards. (1) Surveys should be conducted according to

the technical guidelines as published in the Federal Register.

(2) Surveys may be conducted Statewide, if necessary, to obtain

information on boats using the coastal zone.

(b) Plan standards. Plans should be developed according to the

technical guidelines as published in the Federal Register.

Sec. 85.47 Program crediting.

Signs should acknowledge that the facility was constructed or

improved with funds from the Clean Vessel Act. Following is suggested

language: ``This facility was built (or improved) using Federal Aid

matching funds authorized by the Clean Vessel Act.''

Sec. 85.48 Compliance with federal laws, regulations, and policies.

(a) In accepting Federal funds, State representatives must agree to

and certify compliance with all applicable Federal laws, regulations,

and policies. This is done by submitting an assurances statement that

describes the compliance requirements for Federal grants.

(b) Compliance with environmental and other laws, as defined in

Service Manual 523 FW Chapter 1, may require additional documentation.

Consult with Regional Offices for specific applicability.

(c) For method of payment, refer to 43 CFR part 12, 31 CFR part

205, and any other regulations referenced in these parts.

Dated: February 11, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-5529 Filed 3-9-94; 8:45 am]

BILLING CODE 4310-55-M