[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Proposed Rules]
[Pages 36653-36656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14586]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 80

RIN 1018-AD83


Federal Aid in Sport Fish Restoration Program; Participation by 
the District of Columbia and U.S. Insular Territories and Commonwealths

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We propose to conform our regulations for the Federal Aid in 
Sport Fish Restoration Program to a recently enacted law by letting the 
States spend up to 15 percent (not just 10 percent) of their Federal 
Aid funds on aquatic education and outreach and communications. We also 
propose to let the Commonwealth of Puerto Rico, the District of 
Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the 
Virgin Islands, and American Samoa spend more for these purposes, with 
the approval of the appropriate Fish and Wildlife Service Regional 
Director. While making these changes in this section of our 
regulations, we also propose to rewrite that entire section to put it 
in plain lauguage, without making substantive change.
    We also propose a new section to define existing requirements for 
the collection of informatoin required by the Paperwork Reduction Act 
and the Office of Management and Budget's implementing regulation. This 
section is also presented in plain language format. Comments are 
welcome on both sections.

DATES: Comments must be received by August 8, 2000.

ADDRESSES: Comments may be addressed to the Chief, Division of Federal 
Aid, U.S. Fish and Wildlife Service, Arlington Square 140, 4401 North 
Fairfax Drive, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Jack Hicks, Division of Federal Aid, 
U.S. Fish and Wildlife Service. Telephone: (703) 358-1851.

SUPPLEMENTARY INFORMATION:

Background

    Through the Federal Aid in Sport Fish Restoration Program, the U.S. 
Fish and Wildlife Service (Service) disburses funds to States 
(including the District of Columbia and the U.S. insular territories 
and Commonwealths) to restore and manage the Nation's fishery 
resources. The States use the funds to fund fisheries research, 
surveys, and management; purchase and restore habitat; operate 
hatcheries; build boat access; and provide aquatic education and 
outreach and communications programs.
    The program is authorized by the Federal Aid in Sport Fish 
Restoration Act (Act), 16 U.S.C. 777 et seq., enacted in 1950, and 
carried out by regulations in 50 CFR part 80, ``Administrative 
Requirements, Federal Aid in Fish and Federal Aid in Wildlife 
Restoration Acts.'' Funds for the program are derived from excise and 
import taxes on fishing tackle and motorboat fuel. The manufacturer or 
importer collects the tax and pays it to the U.S. Department of the 
Treasury, who transfers the money to the Service for distribution to 
the States.
    Congress has amended the Act several times, most recently via the 
Transportation Equity Act for the 21st Century (Pub. L. 105-178), 
passed in 1998. Among other things, that law, commonly referred to as 
TEA-21, increased, from 10 to 15 percent, the maximum allowable 
expenditure of Sport Fish Restoration apportioned dollars for aquatic 
education, which now also applies to related outreach and 
communications projects. Section 777g(c) of the Act states, ``(E)ach 
State may use not to exceed 15 percent of the funds apportioned to it 
under Section 777c of this title to pay up to 75 percent of the costs 
of an aquatic resource education and outreach and communications 
program for the purpose of increasing public understanding of the 
Nation's water resources and associated aquatic life forms.''
    To carry out TEA-21, we are proposing changes to 50 CFR part 80. 
Specifically, we are proposing to amend part 80 by revising Sec. 80.15 
and by adding a new Sec. 80.27 pertaining to information collection 
requirements. Currently, 50 CFR 80.15(e) states, ``(N)ot more than 10 
per centum of the annual amount apportioned to each State under 
provisions of the Federal Aid in Sport Fish Restoration Act may be 
obligated on projects for aquatic education.'' In accordance with TEA-
21, we propose to amend part 80 to raise the amount that States may 
expend for aquatic education and outreach and communications to 15 
percent. However, we also propose to allow the Commonwealth of Puerto 
Rico, the District of Columbia, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin Islands, and American Samoa to spend 
a higher portion of their funds for this purpose, as described below. 
We further propose to convert the existing language in Sec. 80.15 to 
plain language.
    As proposed, the Commonwealth of Puerto Rico, the District of 
Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the 
Virgin Islands, and American Samoa would not be subject to the 
statutory cap of 15 percent for aquatic education and outreach and 
communications expenditures; that cap would apply only to the actual 
States. Section 777k of the Act states in part that ``(T)he secretary 
of the Interior is authorized to cooperate with the Secretary of 
Agriculture of Puerto Rico, the Mayor of the District of Columbia, the 
Governor of Guam, the Governor of American Samoa, the Governor of the 
Commonwealth of the Northern Mariana Islands, and the Governor of the 
Virgin Islands, in the conduct of fish restoration and management 
projects, as defined in Section 777a of this title, upon such terms and 
conditions as he shall deem fair, just, and equitable* * *'' Under this 
authority, we propose to let these jurisdictions spend a higher share 
of their program funds on aquatic education and outreach and 
communications, on the grounds that doing so is fair, just, and 
equitable because of the unique characteristics that set them apart 
from the States.
    The District of Columbia has a very small land base in District 
ownership (most of the riverfront land is owned by the National Park 
Service), limited aquatic resources (portions of two rivers and 
assorted small ponds and streams), and a very high urban population. 
The District commits a steady amount of funding for fisheries research 
and survey work in those portions of the two rivers that flow through 
its boundaries and for maintenance of its boating access facilities. 
Because of the land ownership situation, however, limited opportunities 
exist for the District to acquire land or to build additional boat 
access facilities, hatcheries, or fishing piers. In 1987 the District 
began an aquatic education program that has grown steadily and provides 
diverse, high-quality education programs for D.C. students and other 
citizens. The District's urban population creates the opportunity and 
need for developing innovative education strategies. While the demand 
for aquatic education remains high, the District's program cannot 
provide all the services requested because, under the current rules, 
the agency is limited to 10 percent of the total apportionment to spend 
on aquatic education programs.
    The Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin

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Islands, and American Samoa, although located over large geographical 
areas, have limited land mass. These islands are mostly small, separate 
land masses, creating special educational needs on an island-by-island 
basis. Unlike the U.S. mainland, which has reservoirs and lakes, the 
islands have an array of riverine, estuarine, and coastal habitats in 
very close proximity. Island aquatic ecosystems are less resilient than 
their continental counterparts. Thus, education on the conservation of 
aquatic resources on these islands becomes more critical.
    Despite these unique characteristics, our current regulations in 50 
CFR part 80 impose the same limitation on the education, outreach and 
communications funding of the Commonwealth of Puerto Rico, the District 
of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, 
the Virgin Islands, and American Samoa as they do on all the States. 
For the reasons just described, we believe the District of Columbia and 
the U.S. insular territories and commonwealths should be allowed 
discretion in determining the funding needed for aquatic education and 
outreach and communications. However we are proposing to authorize 
Service Regional Directors to make final determinations regarding 
spending for this purpose. With this proposed rule change, the 
Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth 
of the Northern Mariana Islands, Guam, the Virgin Islands, and American 
Samoa will gain the flexibility to spend more on aquatic education and 
outreach and communications programs, if given approval to do so by the 
appropriate Service Regional Director.

Required Determinations

    We have examined this action under the Paperwork Reduction Act 
(PRA) of 1995 and found it to contain no new or revised information 
collection requirements. However a new section, 50 CFR 80.27, is added 
to fulfill the public notice requirements of the PRA for existing 
approved information collection requirements contained in part 80.
    This document was not subject to review by the Office of Management 
and Budget under Executive Order 12866, Regulatory Planning and Review. 
It is not a significant regulatory action.
    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. A cost-benefit and economic 
analysis is not required because of the low dollar amount of this 
proposed rule change. This change would simply redistribute existing 
money. The District of Columbia, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin Islands, and American Samoa (but not 
Puerto Rico) each receive an annual apportionment of one-third of one 
percent of the Sport Fish Restoration account. Over the last 10 years, 
this amount has ranged from about $580,000 to $910,000, with an average 
of approximately $720,000 per year. In 2000, the apportionment was 
$803,128, which permitted them to each spend $120,469 (15 percent) for 
aquatic education and outreach and communications. Puerto Rico, which 
receives 1 percent, has a 10-year average of $2,164,533, with a 2000 
apportionment of $2,409,383, and currently has an aquatic education and 
outreach and communications spending limit of $361,407. The dollar 
amounts of this proposed rule will not have a major effect on the 
affected economies, since the money would have been obligated under 
programs other than aquatic education and outreach and communications 
without this change.
    This rule will not create inconsistencies with other agencies' 
actions or materially affect entitlements, grants, user fees, loan 
programs, or the rights and obligations of their recipients. This rule 
increases the allowable spending levels of Sport Fish Restoration 
dollars for aquatic education and outreach and communications, not the 
total apportionment for the recipients.
    This rule will not raise novel legal or policy issues. The 15-
percent limit applying to States was done through congressional action. 
The requested raised spending authority for the District of Columbia 
and the U.S. insular territories and commonwealths simply recognizes 
the different situations that these recipients have concerning 
opportunities for aquatic education and outreach and communications 
projects. The Act authorizes cooperation with the Commonwealth of 
Puerto Rico, the District of Columbia, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin Islands, and American Samoa. If not 
obligated, the money reverts after 2 years to the Service.
    We are soliciting comments on the readability of this proposed rule 
change and conformance with ``plain language'' guidelines. Please send 
comments to Chief, Division of Federal Aid, U.S. Fish and Wildlife 
Service, 4401 North Fairfax, Suite 140, Arlington, VA 22030. Our 
practice is to make comments, including names and home addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record, which we will honor to the extent allowable 
by law. There also may be circumstances in which we would withhold from 
the rulemaking record a respondent's identity, as allowable by law. If 
you wish us to withhold your name and/or 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 identifyng themselves 
as representatives or officials of organizations or businesses, 
available for public inspection in their entirety.
    The Department of the Interior certifies that this proposed rule 
will not have a significant economic effect on a substantial number of 
small entities under the Regulatory Flexibility Act of 1980 (5 U.S.C. 
et seq.). This action affects, by giving them more flexibility, the 
Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth 
of the Northern Mariana Islands, Guam, the Virgin Islands, and American 
Samoa. These governmental entities govern populations of more than 
50,000, and, therefore, they are not small entities as defined in 5 
U.S.C. 601. The proposed change simply allows for the redistribution of 
existing funds.
    In the District of Columbia, two constraints on the use of Sport 
Fish Restoration funds are (1) fisheries and water resources are 
limited to about 30 miles of river and a few impoundments and wetland 
areas and (2) most of the undeveloped shoreline in the District, which 
would be used to develop boat access sites, is owned by the National 
Park Service. The District's population of 650,000 people offers both a 
need and an opportunity for education. A greater public benefit can be 
achieved by allowing spending above the cap for the District of 
Columbia. The District would expand and improve the work outlined in 
its current 5-year plan, including building an addition to the heavily 
used Aquatic Education Center to include classrooms and a wet lab for 
both fisheries research and educational demonstrations and expanding 
the summer youth program and in-school program to reach a greater 
percentage of constituents.
    The Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, Guam, the Virgin Islands, and American Samoa are very

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diverse in culture and language, creating a need for multiple 
approaches to similar conservation issues. Letting the Regional 
Directors approve spending above 15 percent will allow more flexibility 
to use education and outreach and communications to help prevent and 
solve fisheries and aquatic resource problems.
    Additional funding for aquatic education and outreach and 
communications will benefit local residents without appreciable losses 
in management capability. No discernible effects on product prices or 
other economic effects are associated with this rule.
    We have determined and certify pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rulemaking will not impose 
a cost of $100 million or more in any given year on local, State, or 
territorial governments or private entities.
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule does not have 
an annual effect on the economy of $100 million or more; will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, territorial, or local government agencies, 
or geographic regions; and does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This rule change would allow redirection of certain monies 
within a total apportionment; no added or reduced total funding is 
involved in this change.
    We have determined that these proposed regulations meet the 
applicable standards provided in sections 3(a) and 3(b)(2) of Executive 
Order 12988, Civil Justice Reform.
    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. This rule gives the recipients (the District of Columbia, the 
Commonwealth of Puerto Rico, the commonwealth of the northern Mariana 
Islands, Guam, the Virgin Islands, and American Samoa) more self-
determination by allowing them more flexibility in their spending 
decisions.

List of Subjects in 50 CFR Part 80

    Fish, Grant programs, Natural resources, Reporting and 
recordkeeping requirements, Wildlife.

    Accordingly, we propose to amend part 80 of title 50 of the Code of 
Federal Regulations as follows:

PART 80--[AMENDED]

    1. The authority citation for part 80 continues to read as follows:

    Authority: 16 U.S.C. 777i; 16 U.S.C. 669i; 18 U.S.C. 701.

    2. Section 80.15, is revised to read as follows:


Sec. 80.15  Allowable costs.

    (a) What are allowable costs? Allowable costs are costs that are 
necessary and reasonable for accomplishment of approved project 
purposes and are in accordance with the cost principles of OMB Circular 
A-87.
    (b) What is required to determine the allowability of costs? All 
costs must be supported by source documents or other records as 
necessary to substantiate the application of funds. Such documentation 
and records are subject to review by the U.S. Fish and Wildlife Service 
and, if necessary, the Secretary to determine the allowability of 
costs.
    (c) Are costs allowable if they are incurred prior to the date of 
the grant agreement? Costs incurred prior to the effective date of the 
grant agreement are allowable only when specifically provided for in 
the grant agreement.
    (d) How are costs allocated in multipurpose projects or facilities? 
Projects or facilities designed to include purposes other than those 
eligible under either the Sport Fish Restoration or Wildlife 
Restoration Acts must provide for the allocation of costs among the 
various purposes. The method used to allocate costs must produce an 
equitable distribution of costs based on the relative uses or benefits 
provided.
    (e) What is the limit on administrative costs for State central 
services? Administrative costs in the form of overhead or indirect 
costs for State central services outside of the State fish and wildlife 
agency must be in accord with an approved cost allocation plan and 
cannot exceed in any 1 fiscal year 3 per centum of the annual 
apportionment to that State. Each State has a State Wide Cost 
Allocation Plan that describes approved allocations of indirect costs 
to agencies and programs within the State.
    (f) How much money may be obligated for aquatic education and 
outreach and communications?
    (1) Each of the 50 States may spend no more than 15 percent of the 
annual amount apportioned to it under provisions of the Federal Aid in 
Sport Fish Restoration Act for an aquatic education and outreach and 
communications program for the purpose of increasing public 
understanding of the Nation's water resources and associated aquatic 
life forms.
    (2) The Commonwealth of Puerto Rico, the District of Columbia, the 
Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, 
and American Samoa are not limited to the 15-percent cap imposed on the 
50 States. Each of these entities may spend more for these purposes 
with the approval of the appropriate Regional Director.
    3. A new Sec. 80.27 is added to read as follows:


Sec. 80.27  What are the information collection requirements in this 
part?

    (a) Information gathering requirements include filling out forms to 
apply for certain benefits offered by the Federal Government. 
Information gathered under this part is authorized under the Federal 
Aid in Sport Fish Restoration Act (16 U.S.C. 777-777l) and the Federal 
Aid in Wildlife Restoration Act (16 U.S.C. 669-669i). The Service may 
not conduct or sponsor, and you are not required to respond to, a 
collection of information unless the request displays a currently valid 
OMB control number. Our requests for information will be used to 
apportion funds and to review and make decisions on grant applications 
and reimbursement payment requests submitted to the Federal Aid 
Program.
    (b) OMB Circulars A-110 and A-102 require the use of several 
Standard Forms: SF-424, SF-424A and SF-424B, SF-269A and SF-269B, SF-
270, SF-271 and SF-272. Combined, as many as 12,000 of these forms are 
used annually by grant applicants. The individual burden is 
approximately 1 hour to compile information and complete each form; the 
total burden is approximately 12,000 hours (approximately 3,500 grants 
are awarded/renewed each year, but not all forms are used for all 
grants). These forms are needed to document grant applications and 
requests for reimbursement.
    (c) Part 1 Certification (form 3-154A) and Part 2 Summary of 
Hunting and Sport Fishing License Issued (form 3-154B) (OMB Approval 
1018-0007) require approximately \1/2\ hour from each of 56 respondent 
States and territories for a total burden of 28 hours. The information 
is routinely collected by the States and territories and easily 
transferred to these forms and certified. This information is used in a 
statutory formula to apportion funds among the grant recipients.
    (d) The Grant Agreement, 3-1552, and Amendment to Grant Agreement, 
3-1591 (OMB Approval 1018-0049) require approximately 1 hour to gather

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relevant information, review, type, and sign. This information is 
compiled in the normal agency planning processes and transferred to 
these forms. Recipients nationwide complete approximately 3,500 Grant 
Agreement forms and 1,750 Amendment to Grant Agreement forms during any 
fiscal year for a total burden of 5,250 hours. This information is used 
to document financial awards made to grant recipients and amendments to 
these awards.
    (e) The public is invited to submit comments on the accuracy of the 
estimated average burden hours needed for completing Part I--
Certification, Part II--Summary of Hunting and Sport Fishing License 
Issued, Grant Agreement, and Amendment to Grant Agreement forms and to 
suggest ways in which the burden may be reduced. Comments may be 
submitted to: U.S. Fish and Wildlife Service, Information Collection 
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA 
22203.

    Dated: May 11, 2000.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-14586 Filed 6-8-00; 8:45 am]
BILLING CODE 4310-55-M