[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5529]


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[Federal Register: March 10, 1994]


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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.

------------------------------------------------------------------------
                                                            Points      
                                                     -------------------
                      Criteria                         Coastal   Inland 
                                                       state      state 
------------------------------------------------------------------------
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                                                             
------------------------------------------------------------------------

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