[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Rules and Regulations]
[Pages 18210-18213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8418]


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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: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), will 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 as previously allowed) of their Federal Aid funds 
on aquatic education and outreach and communications. Because their 
circumstances are different, we will also 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 in 
excess of 15 percent for these purposes, with the approval of the 
appropriate Fish and Wildlife Service Regional Director. We are also 
defining existing requirements for the collection of information 
required by the Paperwork Reduction Act and the Office of Management 
and Budget's implementing regulation.

DATES: This rule is effective on May 7, 2001.

ADDRESSES: The administrative record for this rule is available for 
viewing Monday through Friday, 8 a.m. to 4 p.m., in the Division of 
Federal Aid, 4401 North Fairfax Drive, Suite 140, Arlington, Virginia 
22203.

FOR FURTHER INFORMATION CONTACT: Kris E. LaMontagne, Chief, Division of 
Federal Aid, U.S. Fish and Wildlife Service. Telephone: (703) 358-2156.

SUPPLEMENTARY INFORMATION:

Background

    Through the Federal Aid in Sport Fish Restoration Program, the 
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 Federal Aid in Sport Fish Restoration Act (Act), 16 U.S.C. 777 
et seq., authorizes the program. It was 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.'' The 
Service derives funds for the Program 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. The Transportation 
Equity Act for the 21st Century (Public Law 105-178), passed in 1998, 
commonly called TEA-21, increased from 10 percent to 15 percent the 
maximum allowable expenditure of Sport Fish Restoration apportioned 
dollars for aquatic education, which now also applies to

[[Page 18211]]

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.'' In addition, section 777k of the Act states in part that 
``(T)he Secretary of the Interior (Secretary) 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 American 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 * * *''
    On June 9, 2000, the Service published a proposed rule in the 
Federal Register (65 FR 36653) to amend 50 CFR part 80 to carry out 
TEA-21. Specifically we proposed to amend Sec. 80.15 to raise the 
amount that States may expend for aquatic education and outreach and 
communications to 15 percent. We also proposed 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 percentage of their funds for this purpose, as 
determined by the appropriate Regional Director. We also proposed to 
rewrite 50 CFR 80.15 in plain language and to add a new 50 CFR 80.27 
concerning information collection requirements. We received no comments 
during the 60-day comment period, which ended August 8, 2000.

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. We currently have approval for Grant 
Agreements and Amendments (1018-0049), Part 1 Certification and Part 2 
Summary of Hunting and Fishing Licenses (1018-0007), and The Federal 
Aid Grant Application Booklet (1018-0109). 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.
    The Office of Management and Budget determined this document is not 
a significant regulatory action under Executive Order 12866, Regulatory 
Planning and Review.
    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. Neither a cost or benefit 
economic analysis is required because of the low dollar amount of this 
proposed rule change. This change will 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 receives 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 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 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.
    The Department of the Interior certifies that this 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. 601 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 entities govern populations of more than 50,000, and, 
therefore, they are not small entities as defined in 5 U.S.C. 601. The 
change simply allows for the redistribution of existing funds.
    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 now 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 allows redirection of certain monies 
within a total apportionment. No added or reduced total funding is 
involved in this change.
    We have determined that these 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

[[Page 18212]]

them more flexibility in their spending decisions.
    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM 2, Appendix 1. This rule 
does not constitute a major Federal action significantly affecting the 
quality of the human environment. An environmental impact statement/
assessment is not required due to the categorical exclusion (1.10) for 
administrative changes.
    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. This rule has no taking of personal property 
implications; it is restricted to grants administration for government 
entities.
    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, 
although generally not applicable, we are coordinating with federally 
recognized tribes on a Government-to-Government basis when needed.

List of Subjects in 50 CFR Part 80

    Fish, Grant programs--natural resources, Reporting and 
recordkeeping requirements, Signs and symbols, Wildlife.

    Accordingly, we amend part 80, Subchapter F of chapter I, 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. Revise Sec. 80.15 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 (For availability, see 5 CFR 1310.3.).
    (b) What is required to determine the allowability of costs? Source 
documents or other records as necessary must support all costs to 
substantiate the application of funds. Such documentation and records 
are subject to review by the 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 one fiscal year three 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. Add Sec. 80.27 to read as follows:


Sec. 80.27  Information collection requirements.

    (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. 777-7771) and the Federal 
Aid in Wildlife Restoration Act (16 U.S.C. 669-669i). The Service may 
not conduct or sponsor, and applicants or grantees 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 Circular A-102 requires the use of several Standard Forms: 
SF-424, SF-424A and SF-424B, SF-424C, SF-424D, SF-269A and SF-269B, SF-
270, SF-271 and SF-272 (For availability, see 5 CFR 1310.3.). 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 (Service Form 3-154A, OMB Control No. 
1018-0007) and Part 2 Summary of Hunting and Sport Fishing Licenses 
Issued (Service Form 3-154B, OMB Control No. 1018-0007) require 
approximately one-half 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, (Service Form 3-1552, OMB Control No. 
1018-0049) and Amendment to Grant Agreement, (Service Form 3-1591, OMB 
Control No. 1018-0049) require approximately 1 hour to gather 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 Federal Aid Grant Application Booklet (OMB Control No. 
1018-0109) contains narrative instruction for applying for grants. It 
requires approximately 80 hours to collect information and prepare a 
grant application package. Applicants prepare and submit about 5,250 of 
these grant application packages annually for a total burden of 283,500 
hours. This information is used to determine if the work, cost, and 
future benefits of a grant application meet the needs of the

[[Page 18213]]

Federal Aid in Sport Fish and Wildlife Restoration programs.
    (f) 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 Licenses 
Issued, Grant Agreement, Amendment to Grant Agreement, or The Federal 
Aid Grant Application Booklet 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: March 20, 2001.
Joseph E. Doddridge,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-8418 Filed 4-5-01; 8:45 am]
BILLING CODE 4310-55-P