50 CFR § 85.10 - 85.48 - Clean Vessel Act Grant program

668 50 CFR Ch. I (10–1–22 Edition) § 84.49 6 The Fish and Wildlife Service Manual, see footnote 3 for availability. § 84.49 What if the project costs more or less than originally expected? All requests for additional monies for approved coastal wetland grants will be subject to the entire review process along with new grants. Any monies left over after the project is complete, or if the project is not completed, should be returned to Headquarters for use in fol lowing years. If a State has lands it wishes to acquire, restore, or enhance in close proximity to the original project, and the Region deems that spending project monies in these areas would provide similar benefits, the Re gion may use unspent balances to pay for these projects with prior approval from Headquarters. States must pro vide adequate justification and docu mentation to the Regions that the lands acquired, restored, or enhanced are similar to those in the original pro posal and provide similar benefits to fish and wildlife. [67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013] § 84.50 How does a State certify com pliance with Federal laws, regula tions, and policies? (a) In accepting Federal money, coastal State representatives must agree to and certify compliance with all applicable Federal laws, regula tions, and policies. The applicant will need to submit a Statement of Assur ances (either SF 424B or SF 424D) signed and dated by an authorized agency representative as part of the proposal. (b) Compliance with environmental and other laws, as defined in the Serv ice Manual 523 FW Chapter 1, 6 may re quire additional documentation. Con sult with Regional Offices for how this applies to a specific project. 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 mainte nance. 85.46 Survey and plan standards. 85.47 Program crediting. 85.48 Compliance with Federal laws, regula tions, and policies. AUTHORITY: 16 U.S.C. 777g(c). SOURCE: 59 FR 11206, Mar. 10, 1994, unless otherwise noted. Subpart A—General § 85.10 Purpose and scope. The purpose of this part is to estab lish requirements for state participa tion in the Clean Vessel Act Grant Pro gram authorized by Section 5604 of the Clean Vessel Act (Public Law 102–587, Subtitle F). § 85.11 Definitions. Terms used in this part shall have the following meaning: Clean Vessel Act or Act. The Clean Vessel Act (Pub. L. 102–587, subtitle F). Coastal State. A State of the United States in, or bordering on, the Atlan tic, 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 ves sels in the State numbered under chap ter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in § 926.2(d) of title 15, VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00678 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 669 U.S. Fish and Wildlife Serv., Interior ยง 85.11 Code of Federal Regulations, as in ef fect on January 1, 1991), of less than one. Costal waters. In the Great Lakes area, the waters within the territorial jurisdiction of the United States con sisting of the Great lakes, their con necting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes. In other areas, those waters, adjacent to the shore lines, which contain a measurable per centage of sea water, including sounds, bays, lagoons, bayous, ponds, and estu aries. Coastal zone. Coastal zone has the same meaning that the term has in sec tion 304(1) of the Coastal Zone Manage ment Act of 1992 (16 U.S.C. 1453(1)). The coastal zone consists of coastal waters (including the lands therein and there under) and the adjacent shorelands, in cluding islands, transitional and intertidal areas, salt marshes, wet lands, and beaches. The zone extends, in Great Lakes waters, to the inter national 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. Construction. Activities which produce new capital improvements and increase the value of usefulness of ex isting property. Dump station. A facility specifically designed to receive sewage from port able toilets carried on vessels. Dump stations do not include lavatories or restrooms. 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 re sulting from sewage discharges from vessels and inform them of the location of pumpout and dump stations. Eligible applicant. An agency of a State designated by the Governor. Equitable fees. The maximum charge per pumpout is $5.00. Price modifica tions and discounts are subject to State/Federal laws concerning pricing. Facility. A pumpout station or dump station. Facility open to the public. (1) A Clean Vessel Act facility that is open and available to the public is one where the public has full and reasonable access to the pumpout/dump station, including: (i) Provision of signage visible from the water to direct boaters to pumpout/ dump stations; (ii) Location of pumpouts to facili tate ease of use by all boats typical to that particular marina; (iii) Equitable fees; and (iv) Reasonable open periods. (2) To be eligible for funding under this program, both public and private facilities must be open to the public. Grant. An award of financial assist ance, including cooperative agree ments, in the form of money, or prop erty in lieu of money, by the Federal Government to an eligible grantee. Inland State. A State which is not a coastal State. The District of Colum bia, American Samoa and Alaska are included as inland States (Rationale for Samoa and Alaska being inland States can be found in ยง 85.11(b) above). Maintenance. Those activities nec essary for upkeep of a facility. These are activities that allow the facility to function and include routine recurring custodial maintenance such as house keeping and minor repairs as well as the supplies, materials, and tools nec essary to carry out the work. Also in cluded is non-routine cyclical mainte nance to keep facilities fully func tional. Operation. Those activities necessary for the functioning of a facility to produce desired results. These are ac tivities that make the facility work. Plans. Those plans identified in the technical guidelines as published in the FEDERAL REGISTER, for construction or renovation of pumpout and dump sta tions necessary to ensure that there are adequate and reasonably available stations to meet the needs of rec reational vessels using the coastal waters of the State. Private facilities. Private facilities in clude those operated by the following: (1) For profit or non-profit private marinas, docks, etc.; (2) For profit or non-profit conces sionaires, whether they are leased or private facilities, on public lands; or VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00679 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 670 50 CFR Ch. I (10–1–22 Edition) § 85.12 (3) Yacht or boating clubs, whether they are open to the public or mem bers-only facilities. Public facilities. Public facilities in clude municipal, county, port author ity, State and Federal marinas, docks, etc., operated by those agencies. Pumpout station. A facility that pumps or receives sewage from a type III marine sanitation device (holding tank) installed on board vessels. Reasonable open periods. This part does not specify hours, days and sea sons, however, some suggested exam ples, provided no other factors are in volved, are presented: (1) Pumpout/dump stations may be open during the same period the fuel docks are normally open. (2) Pumpout stations may be open when the marina is open and staff is present to pump out boats. (3) Pumpout/dump stations may be open during the hours considered to be normal marina business hours as ad justed by seasonal differences. Recreational vessel. Watercraft manu factured for operation, or operated, pri marily for pleasure. This term includes any watercraft leased, rented, or char tered to another for the latter’s pleas ure. Renovation. Major rehabilitation of a facility to restore it to its original in tended purpose. Surveys. Those surveys identified in the technical guidelines as published in the FEDERAL REGISTER. Surveys are de signed to determine the number and lo cation 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 de signed to determine the number of rec reational vessels in coastal waters with holding tanks or portable toilets, and the areas of coastal waters where those vessels congregate. Type III marine sanitation device (hold ing tank). Any equipment for installa tion on board a vessel which is specifi cally designed to receive, retain, and discharge sewage. [59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997] § 85.12 Information collection, record keeping, and reporting require ments. (a) The information collection re quirements for this grant program, ex cept 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 Man agement and Budget as required by 44 U.S.C. 3501 et seq., October 18, 1993, OMB No. 1018–0086, expiration date Sep tember 30, 1996. (b) Record keeping requirements in clude the tracking of costs and accom plishments related to the grant as re quired 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 § 85.20 Eligible activities. (a) Eligible grant activities—coastal States: (1) Eligible activities include identi fication in the coastal zone of all oper ational 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 submis sion to the Fish and Wildlife Service. (2) Plans for construction and ren ovation of pumpout and dump stations in the coastal zone of the State nec essary 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 guide lines appear in the FEDERAL REGISTER. (b) Eligible grant activities—all States: (1) Eligible grant activities include education/information program to edu cate/inform recreational boaters about the environmental pollution problems VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00680 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 671 U.S. Fish and Wildlife Serv., Interior § 85.30 resulting from sewage discharges from vessels and to inform them of the loca tion 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 activi ties 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 treat ment 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, oper ation and maintenance of on-site sew age treatment plants, such as package treatment plants and septic systems, and of municipal sewage treatment plants for primary and secondary treatment. § 85.21 Application procedures. (a) Eligible applicants will submit their proposals to the appropriate re gional office of the U.S. Fish and Wild life Service. Coastal States submitting proposals for both the coastal zone and the inland portion of their States must submit two separate proposals. The re gional office addresses are provided at 50 CFR 2.2. Telephone and fax numbers of the regional offices follow: Region Wildlife and sport fish restoration telephone number Wildlife and sport fish restoration fax number 1 ............... 503–231–6128 503–231–6996 2 ............... 505–248–7465 505–248–7471 3 ............... 612–713–5130 612–713–5290 4 ............... 404–679–4159 404–679–4160 5 ............... 413–253–8508 413–253–8487 6 ............... 303–236–4411 303–236–8192 7 ............... 907–786–3545 907–786–3575 8 ............... 916–414–6509 916–978–6155 (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 fis cal year (e.g., May 1, 1995 for FY 1996). [59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997; 78 FR 35153, June 12, 2013] § 85.22 Grant proposals. Grant proposals will consist of a nar rative which identifies and describes the following: (a) The need within the purposes of the Act (Coastal States with approved plans should indicate how the activi ties contained in the proposal imple ments the plan); (b) Discrete objective(s) to be accom plished 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 meet ing the objectives, including specific procedures, schedules, key personnel, cooperators, grant location, innovative approaches, public/private partner ships, education, sensitive waters, pub lic access, and estimated costs; (e) Amount and source of matching funds; and, (f) Fees for use of facility. Subpart C—Grant Selection § 85.30 Grant selection criteria. The Director shall give priority con sideration 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 sta tions; VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00681 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 672 50 CFR Ch. I (10–1–22 Edition) § 85.31 (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 edu cation/information component, or the State has an active, ongoing education program; (g) Proposals that benefit the waters most likely to be affected by the dis charge of sewage from vessels, includ ing the waters as defined in the tech nical guidelines as published in the FEDERAL REGISTER; and, (h) Proposals in areas with high ves sel/pumpout or dump station ratios. Criteria Points Coastal state Inland 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 [59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997] § 85.31 Grant selection. The Fish and Wildlife Service, Wild life and Sport Fish Restoration pro grams, will convene a ranking panel of Federal employees, to include rep resentatives from the Service’s Head quarters of the Wildlife and Sport Fish Restoration programs, the National Oceanic and Atmospheric Administra tion, the Environmental Protection Agency, and the U.S. Coast Guard, to review, rank, and make funding rec ommendations to the Director of the Fish and Wildlife Service. The Director will make the selection of eligible grants by August 1, annually. Upon se lection of a proposal the appropriate Regional Office will advise the success ful applicant of additional documenta tion requirements. [59 FR 11206, Mar. 10, 1994, as amended at 78 FR 35153, June 12, 2013] Subpart D—Conditions on Use/ Acceptance of Funds § 85.40 Cost sharing. (a) The Federal share shall not ex ceed 75% of total costs approved in the grant agreement. (b) The provisions of 43 CFR 12.64 apply to cost sharing or matching re quirements. Third party in-kind con tributions must be necessary and rea sonable 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 indi vidual. § 85.41 Allowable costs. (a) Allowable grant costs are limited to those costs that are necessary and reasonable for accomplishment of ap proved grant objectives and meet the applicable Federal cost principles in 43 CFR 12.60(b). Purchase of informational signs, program signs, and symbols des ignating pumpout and dump stations, are allowable costs. (b) Grants or facilities designed to in clude purposes other than those eligi ble 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 effec tive 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 prepara tion of grant documents such as envi ronmental assessments for compliance with the National Environmental Pol icy Act. § 85.42 Real and personal property. (a) Applicable regulations regarding acquisition, property records, mainte nance, and disposal of real property and equipment are found in 43 CFR 12.71 and 12.72. If questions arise re garding applicability, the appropriate Regional Office should be contacted. (b) A State shall ensure that design and installation of the facilities are in VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00682 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 673 U.S. Fish and Wildlife Serv., Interior § 85.43 accordance with the technical stand ards identified in the technical guide lines as published in the FEDERAL REG ISTER. (c) The State must ensure that facili ties are operated and maintained, and that structures or related assets are used for the stated grant purpose. § 85.43 Signs and symbols. (a) Signs. Facilities must display ap propriate information signs at pumpout and portable toilet dump sta tions. Such information should indi cate fees, restrictions, hours of oper ation, operating instructions, a contact name and 1-800-ASK-FISH telephone number for boaters to get additional information or to report an inoperable facility. (b) Pumpout symbol. (1) At appropriate times, to increase public awareness of the Clean Vessel Act Pumpout Grant Program, use a pumpout symbol ac cording to Service specifications. Use the pumpout symbol as follows: (i) As a sign at the entrance to a ma rina advertising the presence of a pumpout and/or portable toilet dump station; (ii) As a directional sign within a ma rina; (iii) As a sign at a pumpout and/or portable toilet dump station; (iv) As a symbol on educational and informational material; and (v) For other uses as appropriate to advance the purposes of the Clean Ves sel Act. (2) To avoid confusion with having two symbols, use the selected symbol both for pumpout stations and portable dump stations. The Service encourages the use of this symbol as it is not copy righted. The NOAA NOS magenta ‘‘P’’ within a magenta circle will continue to be used on nautical charts to iden tify the location of pumpout and port able toilet dump stations. NOAA will include information about the selected pumpout symbol in the U.S. Coast Pi lots, a supplement to the charts, to re late this symbol to the NOAA Nautical Chart magenta ‘‘P’’ and circle. (3) All recipients identified in § 85.11 should display the appropriate pumpout symbol on facilities, such as pumpout and portable toilet dump sta tions, or on printed material or other visual representations relating to project accomplishments or education/ information, and should encourage oth ers to do so. Sub-recipients also should display the symbol and should encour age use by others for the purposes stat ed in this paragraph (b)(3). (4) The Service encourages other per sons or organizations, such as marinas with pumpout stations not constructed with Clean Vessel Act funds, to use the symbol to advance the purposes of the Clean Vessel Act program. (5) The following specifications shall apply: The symbol is black, the back ground is white, and the border is international orange. There is no standard for the black and white, but use black and white colors, not shades. The standards for the international or ange color is as follows: For day boards (signs), use retroflective international orange film. For paint, use inter national orange conforming to FED STD 595B, chip number 12197 in day light conditions. For inks, use Pantone Matching System color chart 179C. In order to ensure visibility after dark, use reflectorized film or paint, and/or artificial illumination. Pumpout sym bol technical specifications to con struct signs and for other purposes are available upon request. (6) The following rules govern the graphic reproduction of the symbol: (i) Do not use a smaller than legible symbol. (ii) If you reduce or enlarge the sym bol, maintain the same proportions. (iii) Do not obscure the symbol by overprinting. (iv) Do not place the symbol where it will be split by unlike backgrounds. (v) Do not place the symbol on a background that is highly textured or patterned. (vi) When appropriate, for economi cal reasons, depict the symbol in one color (black) with a white background, rather than two-color (international orange and black) with white back ground. (7) The pumpout symbol follows: VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00683 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 674 50 CFR Ch. I (10–1–22 Edition) § 85.43 (c) Qualifying signs. (1) In conjunction with the symbol, you may use other qualifying signs below the symbol, ei ther on the same sign or on a separate sign. (i) You may place the message ‘‘ P PUMP OUT’’, ‘‘ P PUMPOUT STA TION’’, ‘‘ P PORTABLE TOILET DUMP STATION’’, or other appro priate qualifier, beneath the symbol. Place the magenta-colored ‘‘P’’ and circle in front of the message to relate the pumpout symbol to the NOAA NOS nautical charts. Messages may be ap propriate for several years until the symbol is understood without the mes sage. When appropriate, substitute a black ‘‘P’’ and circle for economical reasons. (ii) You may place directional arrows beneath the symbol to indicate the di rection of pumpout or portable toilet dump station facilities. (2) The following specifications shall apply: Symbols, such as directional ar rows, and letters, are black, and the background is white. For using inks to create the magenta color, use PMS color chart 259U. Letters and black and white colors shall follow the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), FHWA, 1988. The Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, provides for sale copies of the 1988 MUTCD, in cluding Revision No. 3, dated Sep tember 3, 1993, Stock No. 050–001–00308– 2. (3) The same rules governing the graphic reproduction of the pumpout symbol, as described in paragraph (b)(6) of this section, shall apply to quali fying signs. (d) Pumpout slogan. (1) Use the pumpout slogan according to Service specifications to help increase boater awareness of the need to use pumpout and dump stations to properly dispose of their boat sewage. Use the slogan in conjunction with the pumpout symbol, on educational/informational material, and for other uses as appropriate to ad vance the purposes of the Clean Vessel Act. The slogan is not copyrighted, and the Service encourages its appropriate use. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00684 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244 E R 27 A U 97 .0 10 < /G P H > pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 675 U.S. Fish and Wildlife Serv., Interior § 85.46 (2) All recipients identified in § 85.11 should display the pumpout slogan on facilities, such as pumpout and port able toilet dump stations as appro priate, and on printed material or other visual representations relating to project accomplishments or education/ information, and should encourage oth ers to do so. Sub-recipients should dis play the slogan for purposes as stated above and should encourage others to do so. (3) The Service encourages other per sons or organizations, such as marinas with pumpout stations not constructed with Clean Vessel Act funds, to use the slogan to advance the purposes of the Clean Vessel Act program. (4) The following specifications shall apply: Letters are black and back ground is white. The same reference under specifications for Qualifying Signs in paragraph (c)(2) of this section shall apply. (5) The same rules governing the graphic reproduction of the pumpout symbol, as described in paragraph (b)(6) of this section, shall apply to the pumpout slogan. (6) The pumpout slogan follows: KEEP OUR WATER CLEAN—USE PUMPOUTS (e) All information signs, pumpout symbol, qualifying signs, and pumpout slogan identified in this section and the crediting logo identified in § 85.47, inform and educate boaters. Therefore, use the signs, symbol, slogan and logo as appropriate. For instance, a sign on the water directing boaters to a pumpout may only need the pumpout symbol, and a qualifying sign beneath, e.g., an arrow, and possibly the words ‘‘PUMPOUT STATION’’. For pumpout and dump stations, the pumpout sym bol, slogan, information signs, includ ing all information in paragraph (a) of this section, and the crediting and State logo may be appropriate. If desir able, add qualifying signs. Position a legible sign, symbol and logo either on the pumpout/dump station, on a sepa rate sign, or both, for the greatest ef fect in informing and educating boat ers. For other products such as print and video public service announce ments, brochures, etc., the placement of symbols, etc. depends on space avail ability. The following order of priority dictates the order of use under limited space conditions: the pumpout symbol, slogan, 1-800-ASK-FISH telephone num ber and Sport Fish Restoration cred iting logo. Add other information as appropriate. Use judgement when plac ing information on signs so as not to confuse the reader. Display the symbol, logo, slogan and information signs in the appropriate locations. To reduce wind drag when bolting signs on pil ings, it was found helpful in the North east to make signs taller than wider. Symbol or logo size may vary. How ever, if you reduce or enlarge the sym bol, maintain the same proportions. [62 FR 45348, Aug. 27, 1997] § 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, op erated or maintained with grant funds. If higher fees are charged, they must be justified before the proposal can be ap proved. Such proceeds shall be re tained, accounted for, and used by the operator to defray operation and main tenance costs as long as the facility is needed and it serves its intended pur pose. The maximum fee shall be evalu ated for inflation, etc., each year. § 85.45 Public access to facilities and maintenance. All recreational vessels must have access to pumpout and dump stations funded under this grant program. Fa cilities shall be operated, maintained, and continue to be reasonably acces sible to all recreational vessels for the full period of their useful life. § 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 State wide, if necessary, to obtain informa tion on boats using the coastal zone. (b) Plan standards. Plans should be developed according to the technical guidelines as published in the FEDERAL REGISTER. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00685 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 676 50 CFR Ch. I (10–1–22 Edition) § 85.47 § 85.47 Program crediting. (a) Crediting logo. As the source of funding for Clean Vessel Act facilities, the Sport Fish Restoration program should get credit through use of the Sport Fish Restoration logo. Grant re cipients may us the crediting logo identified in 50 CFR 80.99 to identify projects funded by the Clean Vessel Act. The Sport Fish Restoration logo follows: (b) Recipient logo display. Grant re cipients are authorized to display the Sport Fish Restoration logo. Section 85.11 identifies recipients eligible to display the appropriate logo according to 50 CFR 80.99. Display includes on pumpout and portable toilet dump sta tions that grantees acquire, develop, operate or maintain by these grants, or on printed material or other visual rep resentations relating to project accom plishments or education/information. Display the logo in the appropriate lo cation, according to § 85.43(e). Symbol or logo size may vary. However, if your reduce or enlarge the symbol, maintain the same proportions. Recipients may require sub-recipients to display the logo. (c) Other display of logo. Other per sons or organizations may use the logo for purposes related to the Wildlife and Sport Fish Restoration Clean Vessel Act program as authorized in 50 CFR 80.99. (d) Crediting language. Suggested ex amples of language to use when cred iting the Clean Vessel Act follow: (1) Example 1. The Sport Fish Res toration Program funded this pumpout facility through your purchase of fish ing equipment and motorboat fuels. (2) Example 2. The Sport Fish Res toration Program funded this construc tion through your purchase of fishing equipment and motorboat fuels. (3) Example 3. The Sport Fish Res toration Program funded the produc tion of this pamphlet through your purchase of fishing equipment and mo torboat fuels. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00686 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244 E R 27 A U 97 .0 11 < /G P H > pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 677 U.S. Fish and Wildlife Serv., Interior Pt. 86 (e) Logo colors. Option 1 in paragraph (e)(1) of this section describes the pre ferred logo colors. Use Options 2 or 3 in paragraph (e)(2) or (e)(3) of this section when necessary or to reduce costs. Do not attempt to match these Pantone Matching Systems (PMS) colors with combinations of screened process col ors. (1) Option 1. When printed 100 percent on a white background, use PMS 348. (2) Option 2. When using four-color process printing, print the symbol in 100 percent black on a white back ground. (3) Option 3. When it is not possible to follow the specifications of Options 1 or 2 in paragraph (e)(1) or (e)(2) of this section, print the logo in any 100 per cent solid dark color on a contrasting light background. [62 FR 45350, Aug. 27, 1997, as amended at 78 FR 35153, June 12, 2013] § 85.48 Compliance with Federal laws, regulations, and policies. (a) In accepting Federal funds, State representatives must agree to and cer tify compliance with all applicable Federal laws, regulations, and policies. This is done by submitting an assur ances 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 appli cability. (c) For method of payment, refer to 43 CFR part 12, 31 CFR part 205, and any other regulations referenced in these parts. PART 86—BOATING INFRASTRUC TURE GRANT PROGRAM Subpart A—General Sec. 86.1 What does this part do? 86.2 What is the purpose of BIG? 86.3 What terms do I need to know? Subpart B—Program Eligibility 86.10 Who may apply for a BIG grant? 86.11 What actions are eligible for funding? 86.12 What types of construction and serv ices does boating infrastructure include? 86.13 What operational and design features must a facility have where a BIG-funded facility is located? 86.14 How can I receive BIG funds for facil ity maintenance? 86.15 How can dredging qualify as an eligi ble action? 86.16 What actions are ineligible for BIG funding? 86.17 Who must own the site of a BIG-funded facility? 86.18 How can I ensure that a BIG-funded fa cility continues to serve its intended purpose for its useful life? 86.19 What if a BIG-funded facility would benefit both eligible and ineligible users? Subpart C—Federal Funds and Match 86.30 What is the source of BIG funds? 86.31 How does the Service know how much money will be available for BIG grants each year? 86.32 What are the match requirements? 86.33 What information must I give on match commitments, and where do I give it? 86.34 What if a partner is not willing or able to follow through on a match commit ment? Subpart D—Application for a Grant 86.40 What are the differences between BIG Tier 1—State grants and BIG Tier 2—Na tional grants? 86.41 How do I apply for a grant? 86.42 What do I have to include in a grant application? 86.43 What information must I put in the project statement? 86.44 What if I need more than the max imum Federal share and required match to complete my BIG-funded project? 86.45 If the Service does not select my grant application for funding, can I apply for the same project the following year? 86.46 What changes can I make in a grant application after I submit it? Subpart E—Project Selection 86.50 Who ranks BIG Tier 2—National grant applications? 86.51 What criteria does the Service use to evaluate BIG Tier 2—National applica tions? 86.52 What does the Service consider when evaluating a project on the need for more or improved boating infrastructure? 86.53 What factors does the Service consider for benefits to eligible users that justify the cost? 86.54 What does the Service consider when evaluating a project on boater access to VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00687 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R