50 CFR Part 85 — Clean Vessel Act Grant Program

PART 85—CLEAN VESSEL ACT GRANT PROGRAM 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 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). § 85.11 Definitions. Terms used in this part shall have the following meaning: Clean Vessel Act or Act. Coastal State. Costal waters. Coastal zone. Construction. Dump station. Education/information. Federal Register, Eligible applicant. Equitable fees. Facility. Facility open to the public. (i) Provision of signage visible from the water to direct boaters to pumpout/dump stations; (ii) Location of pumpouts to facilitate 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. Inland State. Maintenance. Operation. Plans. Federal Register, Private facilities. (1) For profit or non-profit private marinas, docks, etc.; (2) For profit or non-profit concessionaires, whether they are leased or private facilities, on public lands; or (3) Yacht or boating clubs, whether they are open to the public or members-only facilities. Public facilities. Pumpout station. Reasonable open periods. (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 adjusted by seasonal differences. Recreational vessel. Renovation. Surveys. Federal Register. Type III marine sanitation device (holding tank). [59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997] § 85.12 Information collection, recordkeeping, 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., (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 § 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. § 85.21 Application procedures. (a) Eligible applicants will submit their proposals to the appropriate regional office of the U.S. Fish and Wildlife Service. Coastal States submitting proposals for both the coastal zone and the inland portion of their States must submit two separate proposals. The regional 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 fiscal 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 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 § 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, or the State has an active, ongoing education program; (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 (h) Proposals in areas with high vessel/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, Wildlife and Sport Fish Restoration programs, will convene a ranking panel of Federal employees, to include representatives from the Service's Headquarters of the Wildlife and Sport Fish Restoration programs, 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. [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 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. § 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. § 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. § 85.43 Signs and symbols. (a) Signs. (b) Pumpout symbol. (i) As a sign at the entrance to a marina advertising the presence of a pumpout and/or portable toilet dump station; (ii) As a directional sign within a marina; (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 Vessel 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 copyrighted. The NOAA NOS magenta “P” within a magenta circle will continue to be used on nautical charts to identify the location of pumpout and portable toilet dump stations. NOAA will include information about the selected pumpout symbol in the U.S. Coast Pilots, a supplement to the charts, to relate 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 stations, or on printed material or other visual representations relating to project accomplishments or education/information, and should encourage others to do so. Sub-recipients also should display the symbol and should encourage use by others for the purposes stated in this paragraph (b)(3). (4) The Service encourages other persons 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 background 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 orange color is as follows: For day boards (signs), use retroflective international orange film. For paint, use international orange conforming to FED-STD 595B, chip number 12197 in daylight 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 symbol technical specifications to construct 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 symbol, 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 economical reasons, depict the symbol in one-color (black) with a white background, rather than two-color (international orange and black) with white background. (7) The pumpout symbol follows: (c) Qualifying signs. (i) You may place the message “ P P P (ii) You may place directional arrows beneath the symbol to indicate the direction of pumpout or portable toilet dump station facilities. (2) The following specifications shall apply: Symbols, such as directional arrows, 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, including Revision No. 3, dated September 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 qualifying signs. (d) Pumpout slogan. (2) All recipients identified in § 85.11 should display the pumpout slogan on facilities, such as pumpout and portable toilet dump stations as appropriate, and on printed material or other visual representations relating to project accomplishments or education/information, and should encourage others to do so. Sub-recipients should display the slogan for purposes as stated above and should encourage others to do so. (3) The Service encourages other persons 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 background 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 symbol, slogan, information signs, including all information in paragraph (a) of this section, and the crediting and State logo may be appropriate. If desirable, add qualifying signs. Position a legible sign, symbol and logo either on the pumpout/dump station, on a separate sign, or both, for the greatest effect in informing and educating boaters. For other products such as print and video public service announcements, brochures, etc., the placement of symbols, etc. depends on space availability. The following order of priority dictates the order of use under limited space conditions: the pumpout symbol, slogan, 1-800-ASK-FISH telephone number and Sport Fish Restoration crediting logo. Add other information as appropriate. Use judgement when placing 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 pilings, it was found helpful in the Northeast to make signs taller than wider. Symbol or logo size may vary. However, if you reduce or enlarge the symbol, 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, 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. § 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. § 85.46 Survey and plan standards. (a) Survey standards. Federal Register. (2) Surveys may be conducted Statewide, if necessary, to obtain information on boats using the coastal zone. (b) Plan standards. Federal Register. § 85.47 Program crediting. (a) Crediting logo. (b) Recipient logo display. (c) Other display of logo. (d) Crediting language. (1) Example 1. (2) Example 2. (3) Example 3. (e) Logo colors. (1) Option 1. (2) Option 2. (3) Option 3. [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 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.

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