Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18767 

CASS COUNTY, TEXAS, AND INCORPORATED AREAS

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities 

affected 

Effective Modified 

Black Bayou ............................... Just upstream of FM 251 ............................................................

Approximately 1 mile upstream of U.S. Route 59 .......................

None ........

None ........

+227 

+237 

Unincorporated 

Areas of 

Cass County. 

Hurricane Creek ......................... Approximately 250 feet upstream of East Pinecrest Drive ......... None ........ +237 Unincorporated 

Areas of 

Cass County. 

Just downstream of North Holly Street ....................................... None ........ +269 

South Tributary to Black Bayou At the confluence with Black Bayou ............................................

Approximately 800 feet downstream of Salmon Road ................

None ........

None ........

+228 

+239 

Unincorporated 

Areas of 

Cass County. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street SW., Washington, DC 20472. 

ADDRESSES 

Unincorporated Areas of Cass County 

Maps are available for inspection at the Cass County Courthouse, 604 Highway 8 North, Linden, TX 75563. 

[FR Doc. C1–2010–14558 Filed 3–27–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 86 

[Docket No. FWS–R9–WSR–2011–0083; 

FVWF941009000007B–XXX–FF09W11000] 

RIN 1018–AW64 

Boating Infrastructure Grant Program 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose 

changes in the regulations governing the 

administration of the national Boating 

Infrastructure Grant Program (BIG). We 

are updating the regulations to reflect 

changes in policy and practice that have 

occurred since the program’s inception 

in 1998. We are also responding to 

recommendations received from States 

carrying out the program, a Federal 

advisory committee, and organizations 

with an interest in the program. The 

proposed rule will clarify the current 

program requirements, adjust the 

ranking criteria for competitive awards 

to correspond to the priorities in the 

Sportfishing and Boating Safety Act of 

1998, organize questions and answers to 

reflect the life cycle of the grant, and 

reword and reformat regulations 

following Federal plain language policy 

and current rulemaking guidance. 

DATES: We will accept comments 

received or postmarked on or before 

May 29, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number FWS–R9– 

WSR–2011–0083, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail: Public Comments 

Processing, Attn: Docket No. FWS–R9– 

WSR–2011–0083; U.S. Fish and Wildlife 

Service; Division of Policy and 

Directives Management; 4401 North 

Fairfax Drive, MS 2042–PDM; 

Arlington, VA 22203. 

• Hand Delivery/Courier: U.S. Fish 

and Wildlife Service; Division of Policy 

and Directives Management; 4501 North 

Fairfax Drive, Room 2042 PDM; 

Arlington, VA 22203. 

We will not accept email or faxes. All 

submissions received must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this rulemaking. All comments 

received will be posted without change 

to http://www/regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Comments’’ heading of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lisa 

E. Van Alstyne, Wildlife and Sport Fish 

Restoration Program, Division of Policy 

and Programs, U.S. Fish and Wildlife 

Service, 703–358–1942. 

SUPPLEMENTARY INFORMATION: 

Background 

Boating is a national pastime 

recognized for decades as a recreational 

activity that also has a strong economic 

impact. According to the National 

Marine Manufacturer’s Association 

Recreational Boating Statistical 

Abstract, 2009, boating contributes 

$30.8 billion in annual sales and 

services to the U.S. economy. Studies of 

recreational boaters have shown an 

increase in the number of boats at least 


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18768 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 

26 feet long that stay in the water for the 

entire season and travel throughout the 

country’s waterways. These boaters 

contribute an estimated 16 percent of 

the overall boating impact to the 

economy, over $5 billion annually. The 

activities of transient recreational boats 

at least 26 feet long call for specific 

accommodations and services for 

protecting the environment and 

enjoyment by the public. The purpose of 

the Boating Infrastructure Grant 

Program (BIG) is to assist States in 

addressing the need for more and better 

facilities to accommodate these boaters. 

A recent economic study conducted by 

the U.S. Fish and Wildlife Service 

(Service) estimates the annual positive 

impact of the BIG Program in 2009 to be 

$34.28 million. This impact reflects the 

availability of the grants themselves as 

well as the jobs created to construct 

facilities, increased boater traffic, 

positive economic impact due to more 

and easily accessible facilities, overall 

improvement to the infrastructure of 

boating-access facilities, and 

connections to communities throughout 

the United States. 

Testimony at a congressional hearing 

in February 1997 introduced awareness 

of the need for more and better boating 

access and facilities for recreational 

boats at least 26 feet long that owners 

put into the water for a season and 

travel from place to place. The 

testimony and further research 

indicated too few, inadequate, or poorly 

located facilities available to allow these 

boaters to travel the United States 

navigable waters and access amenities 

such as dock space, restrooms, showers, 

fuel, pumpouts, and harbors of safe 

refuge, and to link boaters to cultural, 

historic, scenic, and natural resources of 

the United States. 

The Sportfishing and Boating Safety 

Act of 1998 (16 U.S.C. 777g–1) amended 

the Dingell-Johnson Sport Fish 

Restoration Act. This amendment 

established a Federal grant program to 

States for developing and maintaining 

facilities for transient nontrailerable 

recreational vessels at least 26 feet long. 

These vessels must be operated 

primarily for pleasure or leased, rented, 

or chartered to another for the latter’s 

pleasure. The priorities in awarding 

grants are constructing, renovating, and 

maintaining facilities; providing for 

public and private partnership efforts to 

develop, maintain, and operate 

facilities; and including new and 

emerging techniques, ideas, products, 

and concepts to increase and improve 

facilities and services. 

The Service’s Wildlife and Sport Fish 

Restoration (WSFR) Program and the 

partnerships it has fostered manage 

multiple grant programs. Among them is 

BIG, which offers grants to States to 

build facilities for eligible transient 

recreational vessels that support 

boating, travel, local economies, and 

environmental improvement, and 

enhance awareness and public 

satisfaction. 

The Service published the BIG final 

rule in the Federal Register [66 FR 

5282] on January 18, 2001. The Catalog 

of Federal Domestic Assistance (CFDA) 

describes the program at 15.622. 

In 2003, the Director of the Service 

asked the Sport Fishing and Boating 

Partnership Council (Council), an 

advisory group established according to 

the requirements of the Federal 

Advisory Committee Act (FACA), to 

undertake a review of BIG and offer 

recommendations for improvement. The 

Council issued its report in June 2005 

and offered recommendations for 

improvement in program 

administration; project application, 

review and selection; awareness and 

participation; and project execution and 

reporting. We have considered the 

issues and recommendations identified 

in the Council report. This proposed 

rule includes changes based on our 

response to advice offered by the 

Council. 

We propose to incorporate changes to 

the rule based on Service Manual 

chapter 522 FW 16, ‘‘Preagreement 

Costs,’’ Oct. 13, 2005. The chapter 

establishes conditions under which a 

grantee may incur costs before the grant 

start date. It incorporates 

recommendations of a joint task force of 

Federal and State officials. 

We will make changes to the rule 

based on Public Law 111–274, ‘‘Plain 

Writing Act of 2010’’ (October 13, 2010). 

This Act requires that we use plain 

language in all proposed and final 

rulemaking documents published in the 

Federal Register. 

The Sportfishing and Boating Safety 

Act of 1998 required the Service to 

develop a National Framework for 

States to collect information on existing 

facilities and the current state of boating 

that would allow the Service and States 

to develop a strategy to address areas of 

need. States were to complete a survey, 

based on the National Framework, and 

the Service would use the information 

to develop a Comprehensive National 

Assessment. The Secretary of the 

Interior adopted the National 

Framework for Survey of Boating Access 

Needs through a Federal Register notice 

[65 FR 58284] on September 28, 2000. 

The Service proposal to implement the 

survey allowed States to collect data 

through several methods and allowed 

States to choose the method they used. 

The Office of Management and Budget 

(OMB) rejected the proposal, citing 

concerns that the variety of data 

collection methods would result in the 

inability of the Service to compile all of 

the States’ information consistently. 

Funding constraints have prevented the 

Service from developing standardized 

collection methods and reporting of this 

information for States. The current rule 

contains detailed information for 

implementing the survey and reporting. 

We propose to remove these sections 

from the proposed rule. We will give 

guidance for the National Framework, 

State survey, and Comprehensive 

National Assessment in the future 

should the Service receive the resources 

needed to pursue the project. 

The current rule contains criteria 

allowing projects to receive points for 

completing a State survey based on the 

National Framework. As we propose to 

remove all references to the National 

Framework and State survey, we also 

propose to remove the criterion 

allowing projects to receive points for 

completing a survey. We propose other 

changes to the ranking criteria for 

competitive grants based on Service 

experience and recommendations from 

participants, interested parties, and 

Service staff. 

Updates to the Regulation 

We arrange the sections of the 

proposed rule into subparts of related 

subject matter. The gaps in section 

numbers between each subpart allow us 

to add new sections in the future. We 

summarize the changes in the proposed 

rule by section or by group of sections, 

and cross-reference proposed section 

numbers to the corresponding numbers 

in the current version of 50 CFR part 86 

as published in the Federal Register [66 

FR 5282] on January 18, 2001. We refer 

to the 2001 version of 50 CFR part 86 

when we use the term ‘‘current’’ before 

a section number or before a reference 

to 50 CFR part 86. Where we change the 

format, wording, or both, of a section or 

topic, but do not change the content in 

a major way, we indicate that we make 

no significant changes. 

We include new terms in the 

definitions to make the rule easier to 

read and understand. We change some 

definitions in the current rule to clarify 

the meanings. We divide the rule into 

more subparts and sections to clarify 

program details. 

We remove all references to 

‘‘framework,’’ ‘‘boat access survey,’’ 

‘‘State plans,’’ or any other terms or 

activities found in the current ‘‘Subpart 

J—Service Completion of the National 

Framework,’’ ‘‘Subpart K—How States 

Will Complete Access Needs Surveys,’’ 


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Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18769 

‘‘Subpart L—Completing the 

Comprehensive National Assessment,’’ 

and ‘‘Subpart M—How States Will 

Complete the State Program Plans.’’ We 

do not have OMB approval or funding 

to implement the framework, surveys, 

assessment, or plans as published in the 

Federal Register [67 FR 744–755] on 

January 7, 2002. We will publish 

guidance on these topics when the 

Service has the resources and approval 

to implement. 

Subpart A—General 

Section 86.1 What does this part do? 

This proposed section corresponds to 

the current § 86.10. We remove 

references to both the boat access survey 

and State plans. We introduce two new 

terms, ‘‘BIG Basic’’ to replace ‘‘Tier 1’’, 

and ‘‘BIG Competitive’’ to replace ‘‘Tier 

2’’ for identifying the available grant 

award types. 

Section 86.2 What is the purpose of 

BIG? 

This proposed section corresponds to 

the current § 86.11. We make no 

significant changes. 

Section 86.3 What terms do I need to 

know? 

This proposed section corresponds to 

the current § 86.12. We give definitions 

for terms as they apply to BIG that 

improve reader understanding of the 

program and our administration of it. 

The proposed section defines the 

following terms that are not in the 

corresponding ‘‘Definitions’’ section of 

86.12: BIG-funded facility, Capital 

improvement, Director, Eligible user, 

Eligible vessel, Facility, Match, Real 

property, Regional Office, Scope, 

Service, and Useful life. We introduce 

the terms ‘‘BIG-funded facility’’ and 

‘‘Facility’’ to differentiate between the 

components of a facility that receive BIG 

funding and to which this part applies, 

from the rest of the facility. We define 

‘‘Capital improvement’’ and apply the 

term to explain useful life, the Federal 

interest in property, and information to 

include in the BIG grant application. We 

introduce the terms ‘‘Eligible vessel’’ 

and ‘‘Eligible user’’ so that we do not 

repeat the term ‘‘transient nontrailerable 

recreational vessel at least 26 feet long’’ 

throughout the rule. We use ‘‘Useful 

life’’ to tell applicants how to follow 

guidance in the rule that shows the 

responsibilities of grantees to maintain 

a BIG-funded facility. 

We propose to move the section on 

‘‘Boating infrastructure’’ from the 

current § 86.13 and include it as a term 

in this section. We expand the term 

‘‘Construction’’ to include all applicable 

phases of construction. 

We remove the terms: Proposal, 

Recreational waters, Survey instrument, 

and Tie-up facilities. We include the 

information for what is in a ‘‘Proposal’’ 

in the proposed § 86.41 ‘‘How do you 

apply for a grant?’’. We do not need the 

terms ‘‘Recreational waters’’ and 

‘‘Survey instrument’’ because we do not 

use them in the rule. We remove the 

term ‘‘tie-up facilities’’ because the term 

is too restrictive and does not reflect all 

the eligible activities in BIG. 

Subpart B—Program Eligibility 

This proposed subpart does not have 

a corresponding subpart in the current 

regulations. We use this subpart to tell 

grantees and the public what the basic 

program requirements are. This subpart 

lays a foundation for the subparts that 

follow. We indicate where we relocate 

current sections to this new subpart. We 

incorporate and expand the current 

§ 86.15 throughout the subpart. 

Section 86.10 Who may apply for a 

BIG grant? 

This proposed section corresponds to 

the current § 86.14. We make no 

significant changes. 

Section 86.11 What activities are 

eligible for funding? 

This proposed section corresponds to 

the current § 86.20. The section lists 

only eligible activities. We discuss 

design features at § 86.13. We propose to 

add to the list of eligible activities those 

services, equipment, and structures that: 

(a) Support clean boating and good 

environmental practices and (b) make 

boating infrastructure more convenient 

for eligible users. 

The Act requires that we consider as 

a priority those projects that propose 

‘‘innovative ways to increase the 

availability of facilities.’’ We propose 

new language to allow flexibility so that 

we may approve other activities in the 

future that consider new ideas and 

technologies, promote environmental 

stewardship and awareness, and benefit 

the mission of BIG. We explain some 

eligible activities in general terms to 

allow for growth of the program based 

on our knowledge and judgment year to 

year. 

Section 86.12 What construction and 

services does boating infrastructure 

include? 

This proposed section corresponds to 

the current § 86.13. We remove the term 

‘‘Safe harbor’’ from this section and the 

rule as a whole. The public now 

commonly uses the term to define 

business or financial situations that 

have no connection to boating and are 

not applicable to the BIG rule. Where 

we refer to a place of safety for boaters 

in the proposed rule, we use the term 

‘‘Harbor of safe refuge.’’ 

Section 86.13 What design features 

must a BIG-funded facility have? 

We separate the design criteria from 

the current § 86.20 to clarify the 

differences between eligible activities 

and required design features. All 

eligible activities must include the 

required design features, but not all 

design features are eligible activities. 

BIG facilities cater to larger boats that 

contain Marine Sanitation Devices that 

may require a pumpout, so pumpout 

service is an integral part of a BIGfunded project. However, we will 

consider waiving the requirement for a 

pumpout if: (a) The BIG-funded facility 

is in an area that does not have existing 

utilities to operate a pumpout, (b) the 

applicant can demonstrate it is not 

feasible to install, or (c) there are legal 

restrictions that do not allow septicwaste collection facilities in an area. If 

we waive the requirement to provide a 

pumpout facility, we will require that 

the grantee post a sign telling boaters 

they must hold and dispose of waste 

properly and indicate where the nearest 

pumpout or pumpouts are located. 

Section 86.14 How can I receive BIG 

funds for maintenance? 

We add this new proposed section to 

tell applicants how they can receive BIG 

funds for maintenance. BIG Competitive 

grants are primarily for construction 

projects, and grantees must receive 

funds with the understanding that they 

are responsible for the continued 

maintenance of the BIG-funded facility 

for the useful life of the project. 

Grantees may propose to include 

maintenance activities during 

construction that support the eligible 

project, such as painting the existing 

transient docks, replacing worn planks, 

or overhauling the fuel dock. Applicants 

may request BIG Basic funding for 

eligible maintenance at any BIG-eligible 

facility any time in the life of the 

project. 

Section 86.15 How can dredging 

qualify as an eligible activity? 

We add this new proposed section to 

expand on how grantees may use BIG 

funding for dredging projects. The 

primary purpose of BIG is to construct, 

renovate, or maintain facilities for 

eligible users, but sometimes dredging is 

necessary to provide access to eligible 

users. We establish a funding limit for 

dredging of no more than 10 percent of 

the total BIG-funded project, which 


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includes the Federal grant and match. 

This limit applies to all activities 

directly related to dredging. Grantees 

may pay for additional costs through 

other funding sources, but they may not 

use their excess contribution toward any 

other BIG matching requirements. We 

limit funding for dredging because it 

does not produce additional slips or 

amenities. 

Section 86.16 What activities are 

ineligible for BIG funding? 

This proposed section corresponds to 

the current § 86.21. We list ineligible 

activities and we give other 

requirements at § 86.16(a)(9) and (b), 

without which we will consider a 

project or activity ineligible. We remove 

references to plans and surveys. We 

remove the 20-year useful-life 

requirement from the current section 

and discuss useful-life requirements at 

§§ 86.74 and 86.75. We designate as 

ineligible activities: acquiring land; 

constructing retail businesses, parking 

lots, or roads; administering or 

managing the facility; and purchasing or 

operating boats to transport boaters. 

Section 86.17 Who must own the site 

of a BIG-funded facility? 

This proposed section does not have 

a corresponding section in the current 

regulations. We add it to emphasize the 

information in the current § 86.20 that 

allows projects on publicly or privately 

owned properties. 

Section 86.18 How can I ensure that 

BIG-funded projects continue to serve 

their intended purpose for their useful 

life? 

This proposed section does not have 

a corresponding section in the current 

regulations. We add this section to tell 

grantees that they must apply best 

standards when constructing a project 

and follow requirements to protect the 

State and Federal interest in the BIGfunded project. 

We affirm the obligation of States to 

record, or ensure that subgrantees 

record, the Federal interest in a BIG 

project and require notice of certain 

changes that may occur at the project 

location during its useful life. 

Section 86.19 What if a project would 

benefit both eligible and ineligible 

users? 

This proposed section corresponds to 

the current § 86.44(b). We tell a grantee 

how to assign costs to the BIG-funded 

project when components of the project 

may also include ineligible costs or 

benefits. 

Subpart C—Federal Funds and Match 

We remove references to specific-year 

funding and dates specific to the grant 

cycle. We will publish annual funding 

and date information in the annual 

Request for Applications (RFA). 

Section 86.30 What is the source of 

BIG funds? 

We add this new section to inform the 

public of the source of funds for BIG 

and emphasize the participation of 

anglers and boaters in supporting the 

Sport Fish Restoration and Boating 

Trust Fund. 

Section 86.31 How does the Service 

know how much money will be 

available for BIG grants each year? 

This proposed section replaces the 

current § 86.40 and § 86.41 in general 

terms. We discuss the process rather 

than specific amounts. 

Section 86.32 What are the match 

requirements? 

This proposed section corresponds to 

the current § 86.42. We add that 

grantees must not use land or any 

interest in land for match to emphasize 

that BIG grants are for boating 

infrastructure and not land acquisition. 

States have access to other Federal 

grants to buy land for boating access. 

We do not allow using the value of 

existing structures as match in a BIG 

project to avoid subsidizing existing 

facilities. 

Section 86.33 What information must I 

provide on match commitments and 

where do I provide it? 

This proposed section does not have 

a corresponding section in the current 

regulations. We explain how grantees 

must show match and match 

commitments in an application. This 

will allow reviewers to evaluate the 

source and value of matching funds 

more consistently. 

Section 86.34 What if a partner is not 

willing or able to follow through on a 

match commitment? 

This proposed section does not have 

a corresponding section in the current 

regulations. Match is often associated 

with partnerships. We consider 

partnerships as part of the scoring 

criteria. We include this section to tell 

applicants how changes in contributions 

provided by a partner may affect their 

applications. We emphasize the 

responsibility of the grantee to provide 

the match should the providing partner 

not be able or willing to fulfill their 

commitment. This section also 

emphasizes the importance of making 

sure that partners’ commitments are 

reliable. 

Subpart D—Application for a Grant 

We remove the current § 86.50 and 

§ 86.51 that give dates and specific 

contacts for sending in grant 

applications. We will provide this 

information in the annual RFA. 

Section 86.40 What are the differences 

between BIG Basic grants and BIG 

Competitive grants? 

This proposed section replaces the 

current § 86.53, replaces some of the 

information in the current § 86.54, and 

presents the information in table form. 

We introduce new funding limits. BIG 

Basic grants will have an annual 

minimum award of $100,000 per State, 

but the minimum award may increase 

depending on available annual funds. 

We will announce the maximum award 

in each RFA. We will limit BIG 

Competitive grants to $1.5 million to 

allow us to fund more projects. To date, 

less than 5 percent of the BIG 

Competitive projects have exceeded 

$1.5 million in Federal funds. 

Section 86.41 How do I apply for a 

grant? 

This proposed section includes topics 

discussed in the current § 86.51. We 

remove addresses for the Regional 

Offices and direct the public to http:// 

www.grants.gov and the annual RFA for 

detailed contact information. 

Section 86.42 What do I have to 

include in an application? 

This proposed section corresponds to 

the current § 86.52. We include general 

information and refer applicants to 

http://www.grants.gov and the annual 

RFA for more guidance. 

Section 86.43 What information must I 

put in the project statement? 

This proposed section does not have 

a corresponding section in the current 

regulations. We add this section to 

improve consistency of information 

included in applications, to enable the 

review and ranking of applications, and 

to clarify OMB Circular A–102, ‘‘Grants 

and Cooperative Agreements with State 

and Local Governments.’’ 

Section 86.44 What other documents 

and information must I include in a 

grant application? 

We propose this new section to 

describe the need for BIG competitive 

grant applicants to address ranking 

criteria and provide maps and drawings 

to support the proposed project. The 

section also emphasizes the requirement 


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at the proposed § 86.33 for commitment 

letters from partners providing match. 

Section 86.45 What if my BIG 

Competitive project needs more than the 

awarded Federal share and required 

match to complete? 

We propose this new section to 

inform applicants how to apply for 

funding if they plan a project that will 

require more than the $1.5 million 

Federal share and the required match to 

complete. We emphasize that each BIG 

Competitive grant application must be a 

discrete project that meets all grant 

criteria without considering any other 

BIG grant applications. All BIG 

Competitive grants will compete equally 

with all other grant applications, and we 

will not give preference to an 

application based on its connection to 

another application. If one project 

cannot be completed or be successful 

without the other, we will either reject 

it or assign it a low score. States may 

use BIG Basic funds to assist projects 

that have received BIG Competitive 

funds, or to complete portions of 

projects over several years. 

Section 86.46 If the Service does not 

select my application for funding, can I 

apply for the same project the following 

year? 

We propose this new section to clarify 

that if you are unsuccessful in receiving 

a grant for a BIG grant one year, you 

may reapply in following years. 

Section 86.47 What changes can I 

make in an application after I submit it? 

We propose this new section to 

emphasize the responsibility of the 

applicant to submit a complete 

application by the due date. We give 

details that set clear standards and help 

avoid any unfair interpretation in this 

national program. 

Subpart E—Project Selection 

This subpart corresponds to the 

current Subpart F—How the Service 

Selects Projects to Receive Grants. 

We propose sections 86.52–86.58 to 

explain the criteria at section 86.51. 

This will help applicants and the public 

understand how we view each ranking 

criterion. 

Section 86.50 Who ranks BIG 

competitive applications? 

This proposed section corresponds to 

the current § 86.61 with no significant 

changes. 

Section 86.51 What criteria does the 

Service use to evaluate BIG Competitive 

applications? 

This proposed section corresponds to 

the current § 86.60. We change the 

scoring criteria to correspond to the 

three priorities Congress established in 

the original Act. We also change the 

scoring system to a sliding scale for each 

criterion. We base this change on 

experience administering BIG and 

advice from States, a Federal advisory 

committee, and boating-related 

organizations. The current rule does not 

consistently allow sliding scales, and 

reviewers often must score projects 

using set points that can negatively 

affect accurate assessment of projects. 

For one current criterion, applicants 

must receive at least 1 point even if the 

criterion does not apply to their project 

or they do not address it in the 

application. This change allows ranking 

committee members to consider the 

need, value, significance, and benefit 

when scoring the project. We adjust the 

criterion in the current rule that gives 

preference to projects at existing 

marinas to give projects at new locations 

the ability to rank well. We continue to 

emphasize partnerships but expand the 

criteria in response to recommendations 

that asked us to consider the 

nonmonetary value of a partner as well 

as the monetary contributions. The 

proposed criteria allow for partnerships 

in small communities to rank well even 

if they do not result in large financial 

contributions. We also set new 

standards for innovation. The intent is 

to allow reviewers the flexibility to 

judge applications based on new 

technologies and techniques each year, 

and to consider different standards for 

innovation year-to-year, based on 

knowledge and availability at the time 

of the review. 

Section 86.52 What does the Service 

consider when evaluating a project 

under the criterion at § 86.51(a)(1) on 

the need for more or improved boating 

infrastructure? 

We propose to emphasize that 

projects must show a need for new or 

expanded facilities. We wish to avoid 

funding projects in areas that have 

sufficient capacity or where eligible 

boaters are unlikely to travel. 

Section 86.53 What does the Service 

consider when evaluating a project 

under the criterion at § 86.51(a)(2) on 

boater access to significant destinations 

and services that support transient 

boater travel? 

We propose to consider not only a 

destination that is likely to attract 

boaters, but also access from the BIGfunded facility and how long the 

attraction is available. We expand this 

section to include the need for services 

that help transient boaters. A significant 

destination, such as a national park or 

entertainment attraction, may entice 

boaters, but if they cannot refuel, stock 

up on provisions, and take care of basic 

needs, then it is unlikely they will go 

there. 

Section 86.54 What does the Service 

consider under the criterion at 

§ 86.51(a)(3) on cost-benefit analysis? 

We propose to expand on the current 

criterion (5) that requires a project to be 

cost-effective. The current criterion 

requires a cost-per-slip analysis that 

favors construction in an existing 

marina or area. We modify this criterion 

to allow reviewers to look at the cost of 

a project in relation to the benefit 

received. This will allow a project that 

costs more per slip because it is new, 

but is in an area of great need, to rank 

well against a project that costs less per 

slip, but offers less benefit. 

Section 86.55 What does the Service 

consider when evaluating a project 

under the criterion for partners at 

§ 86.51(b)(1)? 

We propose to show what applicants 

must include in their applications to 

receive points for partners. Applicants 

must verify the commitment of all 

partners, including subgrantees, by a 

signed letter that includes details of the 

partnership. States, as applicants, are 

not partners. Governmental entities are 

partners only if they contribute to the 

project more than required by legal 

mandate or administrative assignment. 

We will allow various types of partners 

and consider contributions other than 

monetary. 

Section 86.56 What does the Service 

consider when evaluating a project 

under the criterion for match at 

§ 86.51(b)(2)? 

We propose to allow applicants to 

receive additional points if they or their 

partners contribute more than the 

minimum 25-percent matching share. 

This is similar to the current 

§ 86.60(b)(4), but has a sliding scale 

instead of the set breakdown of points. 

Section 86.57 What does the Service 

consider when evaluating a project for 

improving or maintaining the quality of 

the local environment under the 

criterion at § 86.51(c)(1)? 

We propose this new criterion for 

projects that include components that 

improve the local environment or 

mitigate the impacts of the project. 


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Examples are when applicants propose 

to: 

1. Design or renovate docks to allow 

more sunlight to pass through, thus 

benefitting a local fish or plant habitat; 

2. Include a structure in the dock 

system to nurture juvenile aquatic life to 

be released into the larger area; or 

3. Renovate a fuel dock to prevent 

spills. 

Section 86.58 What does the Service 

consider when evaluating a project for 

environmental sustainability under the 

criterion at § 86.51(c)(2)? 

We propose this new criterion to 

encourage using new technologies and 

techniques, environmentally sound 

best-management practices, and 

education to produce a project that 

supports the overall mission of BIG and 

the Service. 

Section 86.59 What happens after the 

Director approves projects for funding? 

This proposed section corresponds to 

the current § 86.62, but we give further 

detail on requirements to obligate 

funding promptly. 

Subpart F—Grant Administration 

This proposed subpart corresponds to 

the current ‘‘Subpart G—How States 

Manage Grants.’’ We propose to include 

questions and answers to give grantees 

a better understanding of their 

responsibilities once they receive a BIG 

grant. 

Section 86.70 What standards must I 

follow when constructing a BIG-funded 

facility? 

We propose minimum standards for 

construction and a requirement that a 

licensed engineer or architect design 

construction. 

Section 86.71 How much time do I 

have to complete the work funded by a 

BIG grant? 

We propose to give a reasonable time 

frame to complete a BIG project with a 

baseline of 3 years from the beginning 

of the grant period. The intent of BIG is 

to award funds so that projects are 

completed and available for eligible 

boater use as soon as possible. However, 

sometimes there are delays beyond the 

control of the grantee, so we allow 

justified grant extensions. We include 

instructions for grant extensions at 

§ 86.72. 

Section 86.72 What if I cannot 

complete the project during the grant 

period? 

We propose this new section to tell 

grantees how they may request an 

extension if their project is not 

completed during the 3-year grant 

period. The proposed process allows for 

two 1-year extensions if grantees can 

document progress. We have included a 

possibility for further extensions under 

extreme conditions. We propose this 

process to encourage grantees to 

complete projects promptly. 

Section 86.73 What if I need more 

funds to finish a project? 

This proposed section corresponds to 

the current § 86.74. The current rule 

states that a grantee must compete in 

another grant cycle if it needs more 

funds. This suggests that an applicant 

does not have the responsibility to 

complete an awarded project as 

presented and could potentially set up 

a system where grantees might expect 

extra funding to finish projects they 

originally stated they could complete 

with requested funds. It also suggests 

that partial projects can successfully 

compete against full projects. BIG is a 

competitive program, and when we 

fund a project through BIG, we expect 

the grantee to complete the project as 

proposed. We reject applications that do 

not propose discrete projects. A grantee 

may not come back and request more 

BIG Competitive funds to complete the 

project. That would be unfair to 

applicants that competed 

unsuccessfully and unfair to grantees 

that completed their projects as 

proposed. Should the grantee need more 

money to complete the project, we 

expect the grantee to find another 

source of funding to complete the 

project. If that is not possible, the 

grantee may ask for a change in scope 

following our guidance. 

Section 86.74 How long must I operate 

and maintain a BIG-funded facility, and 

who is responsible for the cost of 

operation and maintenance? 

This proposed section corresponds to 

the second sentence of the current 

§ 86.20(a)(1) and § 86.70(b). We propose 

that grantees maintain the BIG project 

for the useful life specified in the grant 

agreement instead of the 20 years in the 

current rule. We address how a 

catastrophic incident may affect useful 

life. 

Section 86.75 How do I determine the 

useful life of a project? 

This proposed section expands on the 

proposed § 86.74 and tells applicants 

what information to consider when they 

propose a useful life for their project in 

the grant application and how we will 

include the useful life in the grant 

agreement. 

Section 86.76 How should I credit the 

BIG program? 

This proposed section corresponds to 

the current §§ 86.91 and 86.94. We 

added a graphic of the Sport Fish 

Restoration logo in the proposed rule. 

Since the current rule was published, 

the Division of Federal Aid was 

renamed the Division of Wildlife and 

Sport Fish Restoration. We change 

recommended crediting language to 

reflect Sport Fish Restoration and BIG. 

We require that you must credit BIG for 

the funding. 

Section 86.77 How can I use the logo 

for the BIG program? 

This proposed section corresponds to 

the current §§ 86.91–86.93. We indicate 

where grantees and subgrantees may use 

the Sport Fish Restoration logo. We also 

state the consequences of unauthorized 

use. 

Section 86.78 How must I treat 

program income? 

This proposed new section gives the 

circumstances where program income 

requirements would apply to a BIG 

grant. 

Section 86.79 How must I treat income 

earned after the grant period? 

This proposed new section clarifies 

the requirements for income earned 

after the grant period. 

Subpart G—Facility Operations and 

Maintenance 

This subpart tells grantees, 

subgrantees, and operators how a BIGfunded facility must be operated and 

maintained. 

Section 86.90 How much must an 

operator of a BIG-funded facility charge 

for using the facility? 

This proposed section corresponds to 

the current § 86.31. According to OMB 

Circular A–102, ‘‘Grants and 

Cooperative Agreements with State and 

Local Governments,’’ grantees must not 

use grant-acquired assets to compete 

unfairly with the private sector. It is 

unacceptable for grantees to make 

money using grant funds by charging 

more than the local market. This section 

tells grantees: (a) How to propose 

reasonable fees for BIG-funded projects 

and (b) that they must include this 

information in the grant application. 

Section 86.91 May an operator of a 

BIG-funded facility increase or decrease 

user fees during the useful life of the 

BIG-funded project? 

This proposed new section does not 

correspond to a current section. It 

allows the operator of a BIG-funded 


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project to increase or decrease fees after 

the grant period based on changes in the 

local market. 

Section 86.92 May an operator of a 

BIG-funded facility limit public access? 

This proposed section corresponds to 

the current § 86.21(a) and § 86.30. We 

propose no significant changes to the 

public access requirements. We add a 

paragraph that allows an operator to 

limit access temporarily for emergency 

or other reasonable purposes. 

Section 86.93 May I prohibit overnight 

use by eligible vessels at a BIG-funded 

facility? 

This proposed section corresponds in 

part to the current §§ 86.13(b) and 

86.20(a)(5)(ii), which discuss day docks 

as an eligible activity under BIG. This 

section allows BIG-funded facilities to 

be for day use only if proposed in the 

application. 

Section 86.94 Do I have to include 

informational signs for eligible users at 

BIG-funded facilities? 

This proposed section corresponds to 

the current § 86.90 with no significant 

changes. 

Subpart H—Revisions and Appeals 

Section 86.100 Can I change the 

information in an application after I 

receive a grant? 

We propose this new section to 

inform grantees of the conditions that 

apply to postaward changes of 

information in an application. 

Section 86.101 How do I ask for a 

revision of a grant? 

We propose this new section to 

supplement § 86.100. 

Section 86.102 Can I appeal a 

decision? 

This proposed section corresponds to 

the current § 86.63. There are no 

significant changes, but we include 

additional guidance. 

Section 86.103 Can the Director 

authorize an exception to this part? 

This proposed section is new. It 

supports the authority of the Director to 

make exceptions to this rule. 

Subpart I—Information Collection 

Section 86.110 What are the 

information-collection requirements of 

this part? 

This proposed section corresponds to 

the current § 86.52 and ‘‘Subpart H— 

Reporting Requirements for the States.’’ 

The proposed section is more general 

than the current section to allow this 

regulation to stay current if the 

frequency and level of reporting change. 

Public Comments 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in 

ADDRESSES. We will not accept 

comments sent by email or fax or to an 

address not listed in ADDRESSES. 

Finally, we will not consider handdelivered comments that we do not 

receive, or mailed comments that are 

not postmarked, by the date specified in 

DATES. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal information 

from public view, we cannot guarantee 

that we will be able to do so. 

Required Determinations 

Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by Public Law 

111–274, ‘‘Plain Writing Act of 2010’’ 

(October 13, 2010), to write all rules in 

plain language. This means that each 

rule we publish must: 

a. Be logically organized; 

b. Use the active voice to address 

readers directly; 

c. Use clear language rather than 

jargon; 

d. Be divided into short sections and 

sentences; and 

e. Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

help us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that you find unclear, which sections or 

sentences are too long, the sections 

where you feel lists or tables would be 

useful, etc. 

Regulatory Planning and Review (E.O. 

12866) 

OMB has determined that this rule is 

not significant and has not reviewed 

this rule under E.O. 12866. OMB bases 

its determination on the following four 

criteria: 

a. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

b. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

c. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of recipients. 

d. Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

The Regulatory Flexibility Act 

requires an agency to consider the 

impact of proposed rules on small 

entities, i.e., small businesses, small 

organizations, and small government 

jurisdictions. If there is a significant 

economic impact on a substantial 

number of small entities, the agency 

must perform a Regulatory Flexibility 

Analysis. This is not required if the 

head of an agency certifies the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

amended the Regulatory Flexibility Act 

to require Federal agencies to state the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

We have examined this proposed 

rule’s potential effects on small entities 

as required by the Regulatory Flexibility 

Act. We have determined that the 

proposed changes do not have a 

significant impact and do not require a 

Regulatory Flexibility Analysis because 

the changes: 

a. Give information to State fish and 

wildlife agencies that allows them to 

apply for and administer grants more 

easily, more efficiently, and with greater 

flexibility. Only State fish and wildlife 

agencies may receive grants in BIG, but 

small entities sometimes voluntarily 

become subgrantees of agencies. Any 

impact on these subgrantees would be 

beneficial. 

b. Address changes in law and 

regulation. This helps grant applicants 

and recipients by making the regulation 

consistent with current standards. Any 

impact on small entities that voluntarily 

become subgrantees of agencies would 

be beneficial. 

c. Reword and reorganize the 

regulation to make it easier to 

understand. Any impact on the small 

entities that voluntarily become 

subgrantees of agencies would be 

beneficial. 

The Service has determined that the 

changes primarily affect State 

governments. The small entities affected 

by the changes are primarily 

concessioners and subgrantees that 


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voluntarily enter into mutually 

beneficial relationships with an agency. 

The impact on small entities would be 

very limited and beneficial in all cases. 

Consequently, we certify that because 

this proposed rule would not have a 

significant economic effect on a 

substantial number of small entities, a 

Regulatory Flexibility Analysis is not 

required. 

In addition, this proposed rule is not 

a major rule under SBREFA (5 U.S.C. 

804(2)) and would not have a significant 

impact on a substantial number of small 

entities because it does not: 

a. Have an annual effect on the 

economy of $100 million or more. 

b. Cause a major increase in costs or 

prices for consumers; individual 

industries; Federal, State, or local 

government agencies; or geographic 

regions. 

c. Have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. Ch. 25; Pub. L. 104– 

4) establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, local, and 

tribal governments and the private 

sector. The Act requires each Federal 

agency, to the extent permitted by law, 

to prepare a written assessment of the 

effects of a proposed rule with Federal 

mandates that may result in the 

expenditure by State, local, and tribal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

1 year. We have determined the 

following under the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.): 

a. As discussed in the determination 

for the Regulatory Flexibility Act, this 

proposed rule would not have a 

significant economic effect on a 

substantial number of small entities. 

b. The regulation does not require a 

small government agency plan or any 

other requirement for expenditure of 

local funds. 

c. The programs governed by the 

current regulations and enhanced by the 

proposed changes potentially assist 

small governments financially when 

they occasionally and voluntarily 

participate as subgrantees of an eligible 

agency. 

d. The proposed rule clarifies and 

enhances the current regulations 

allowing State, local, and tribal 

governments and the private sector to 

receive the benefits of grant funding in 

a more flexible, efficient, and effective 

manner. 

e. Any costs incurred by a State, local, 

or tribal government or the private 

sector are voluntary. There are no 

mandated costs associated with the 

proposed rule. 

f. The benefits of grant funding 

outweigh the costs. The Federal 

Government provides up to 75 percent 

of the cost of each grant to the 50 States 

affected by the proposed rule. The 

Federal Government will also waive the 

first $200,000 of match for each grant to 

the Commonwealth of the Northern 

Mariana Islands and the territories of 

Guam, the U.S. Virgin Islands, and 

American Samoa. Of the 50 States and 

6 other jurisdictions that voluntarily are 

eligible to apply for grants in these 

programs each year, 95 percent have 

participated. This is clear evidence that 

the benefits of this grant funding 

outweigh the costs. 

g. This proposed rule would not 

produce a Federal mandate of $100 

million or greater in any year, i.e., it is 

not a ‘‘significant regulatory action’’ 

under the Unfunded Mandates Reform 

Act. 

Takings 

This proposed rule would not have 

significant takings implications under 

E.O. 12630 because it would not have a 

provision for taking private property. 

Therefore, a takings implication 

assessment is not required. 

Federalism 

This proposed rule would not have 

sufficient Federalism effects to warrant 

preparation of a Federalism assessment 

under E.O. 13132. It would not interfere 

with the States’ ability to manage 

themselves or their funds. We work 

closely with the States in administration 

of these programs, and they helped us 

identify those sections of the current 

regulations in need of change and new 

issues in need of clarification through 

regulation. In drafting the proposed 

rule, we received comments from the 

Sport Fishing and Boating Partnership 

Council, a nongovernment committee 

established under FACA; the States 

Organization for Boating Access; the 

Joint Federal/State Task Force on 

Federal Assistance Policy; and 

individual States. 

Civil Justice Reform 

The Office of the Solicitor has 

determined under E.O. 12988 that the 

rule would not unduly burden the 

judicial system and meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. The proposed rule will 

benefit grantees because it: 

a. Updates the regulations to reflect 

changes in policy and practice and 

recommendations received during the 

past 10 years; 

b. Makes the regulations easier to use 

and understand by improving the 

organization and using plain language; 

c. Modifies the final rule to amend 50 

CFR 86 published in the Federal 

Register at 66 FR 5282 on January 18, 

2001, based on subsequent experience; 

and 

d. Adopts recommendations on new 

issues received from State fish and 

wildlife agencies and the Sport Fishing 

and Boating Partnership Council since 

we published the current rule. 

Paperwork Reduction Act 

We examined the proposed rule under 

the Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), and there are no new 

collections of information that require 

OMB approval. The proposed 50 CFR 

part 86 describes the Boating 

Infrastructure Grant Program, including 

application and reporting requirements. 

OMB has approved Governmentwide 

standard forms for: (a) Grant 

applications (OMB Control No. 4040– 

0004); (b) certifications related to 

authority, capability, and legal 

compliance (OMB Control Numbers 

4040–0007 and 4040–0009); (c) reports 

on the status of Federal grant funds and 

any program income earned (OMB 

Control Number 0348–0061); and (d) 

reports on real property status and 

requests for agency instructions on real 

property (OMB Control Number 3090– 

0296). 

In addition to the above, OMB 

approved the following information 

collection requirements associated with 

the BIG Program: (a) Project statement in 

support of a grant application, (b) report 

on progress in completing a grantfunded project, and (c) request to 

approve an update or another change in 

information provided in a previously 

approved application (OMB Control 

Number 1018–0109). 

We may not collect or sponsor and 

you are not required to respond to a 

collection of information unless it 

displays a current OMB control number. 

National Environmental Policy Act 

We have analyzed this rule under the 

National Environmental Policy Act, 42 

U.S.C. 4321 et seq. and part 516 of the 

Departmental Manual. 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 for administrative changes 

provided at 516 DM 8.5A(3). 


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Government-to-Government 

Relationship With Tribes 

We have evaluated potential effects 

on federally recognized Indian tribes 

under the President’s memorandum of 

April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22951), E.O. 13175, and 512 DM 2. We 

have determined that there are no 

potential effects. This proposed rule 

would not interfere with the tribes’ 

ability to manage themselves or their 

funds. 

Energy Supply, Distribution, or Use 

(E.O. 13211) 

E.O. 13211 addresses regulations that 

significantly affect energy supply, 

distribution, and use, and requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. This rule is not a significant 

regulatory action under E.O. 12866 and 

does not affect energy supplies, 

distribution, or use. Therefore, this 

action is not a significant energy action 

and no Statement of Energy Effects is 

required. 

List of Subjects in 50 CFR Part 86 

Administrative practice and 

procedure, Boats and Boating Safety, 

Fishing, Grants administration, Grant 

programs, Harbors, Intermodal 

transportation, Marine resources, 

Natural resources, Navigation (water), 

Recreation and recreation areas, 

Reporting and recordkeeping 

requirements, Rivers, Signs and 

symbols, Vessels, Water resources, 

Waterways. 

Proposed Regulation Promulgation 

For the reasons discussed in the 

preamble, we propose to amend title 50 

of the Code of Federal Regulations, 

chapter I, subchapter F, by revising part 

86 to read as follows: 

PART 86—BOATING 

INFRASTRUCTURE 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 activities are eligible for 

funding? 

86.12 What construction and services does 

boating infrastructure include? 

86.13 What design features must a BIGfunded facility have? 

86.14 How can I receive BIG funds for 

maintenance? 

86.15 How can dredging qualify as an 

eligible activity? 

86.16 What activities are ineligible for BIG 

funding? 

86.17 Who must own the site of a BIGfunded facility? 

86.18 How can I ensure that BIG-funded 

projects continue to serve their intended 

purpose for their useful life? 

86.19 What if a project 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 provide on 

match commitments and where do I 

provide it? 

86.34 What if a partner is not willing or 

able to follow through on a match 

commitment? 

Subpart D—Application for a Grant 

86.40 What are the differences between BIG 

Basic grants and BIG Competitive grants? 

86.41 How do I apply for a grant? 

86.42 What do I have to include in an 

application? 

86.43 What information must I put in the 

project statement? 

86.44 What other documents and 

information must I include in a grant 

application? 

86.45 What if my BIG project needs more 

than the awarded Federal share and 

required match to complete? 

86.46 If the Service does not select my 

application for funding, can I apply for 

the same project the following year? 

86.47 What changes can I make in an 

application after I submit it? 

Subpart E—Project Selection 

86.50 Who ranks BIG Competitive 

applications? 

86.51 What criteria does the Service use to 

evaluate BIG Competitive applications? 

86.52 What does the Service consider when 

evaluating a project on the need for more 

or improved boating infrastructure? 

86.53 What does the Service consider when 

evaluating a project on boater access to 

significant destinations and services that 

support transient boater travel? 

86.54 What does the Service consider on 

benefits to eligible users that justify the 

cost of the project? 

86.55 What does the Service consider when 

evaluating a project for partnerships? 

86.56 What does the Service consider when 

evaluating a project that includes greater 

than the minimum match? 

86.57 What does the Service consider when 

evaluating a project for improving or 

maintaining the quality of the local 

environment? 

86.58 What does the Service consider when 

evaluating a project for environmental 

sustainability? 

86.59 What happens after the Director 

approves projects for funding? 

Subpart F—Grant Administration 

86.70 What standards must I follow when 

constructing a BIG-funded facility? 

86.71 How much time do I have to 

complete the work funded by a BIG 

grant? 

86.72 What if I cannot complete the project 

during the grant period? 

86.73 What if I need more funds to finish 

a project? 

86.74 How long must I operate and 

maintain a BIG-funded facility, and who 

is responsible for the cost of operation 

and maintenance? 

86.75 How do I determine the useful life of 

a project? 

86.76 How should I credit the BIG program? 

86.77 How can I use the logo for the BIG 

program? 

86.78 How must I treat program income? 

86.79 How must I treat income earned after 

the grant period? 

Subpart G—Facility Operations and 

Maintenance 

86.90 How much must an operator of a BIGfunded facility charge for using the 

facility? 

86.91 May an operator of a BIG-funded 

facility increase or decrease user fees 

during the useful life of the BIG-funded 

project? 

86.92 May an operator of a BIG-funded 

facility limit public access? 

86.93 May I prohibit overnight use by 

eligible vessels at a BIG-funded facility? 

86.94 Do I have to include informational 

signs for eligible users at BIG-funded 

facilities? 

Subpart H—Revisions and Appeals 

86.100 Can I change the information in an 

application after I receive a grant? 

86.101 How do I ask for a revision of a 

grant? 

86.102 Can I appeal a decision? 

86.103 Can the Director authorize an 

exception to this part? 

Subpart I—Information Collection 

86.110 What are the information-collection 

requirements of this part? 

Authority: 16 U.S.C. 777c, g, and g–1. 

Subpart A—General 

§ 86.1 What does this part do? 

(a) This part of the Code of Federal 

Regulations tells States how they may 

apply for and receive grants from the 

Boating Infrastructure Grant program 

(BIG) Basic and Competitive 

subprograms. The differences between 

these two subprograms are described at 

§ 86.40. 

(b) The terms you and your refer to a 

State agency that applies for or receives 

a BIG grant. You may also apply to a 

subgrantee with which a State agency 

has a formal agreement to construct, 

operate, or maintain a project. 

(c) The terms we, us, and our refer to 

the U.S. Fish and Wildlife Service. 

§ 86.2 What is the purpose of BIG? 

The purpose of BIG is to: 

(a) Construct, renovate, and maintain 

boating infrastructure facilities for 


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transient recreational vessels at least 26 

feet long; and 

(b) Produce and distribute 

information and educational materials 

about BIG-funded boating infrastructure 

facilities. 

§ 86.3 What terms do I need to know? 

For the purposes of this part, we 

define these terms: 

BIG-funded facility means only the 

part of a facility that we fund through 

a BIG grant. 

Boating infrastructure means all of the 

structures, equipment, accessories, and 

services that are necessary or desirable 

for a facility to accommodate eligible 

vessels. 

Capital improvement means: 

(1) A new structure that costs at least 

$25,000 to build; or 

(2) Altering, renovating, or repairing 

an existing structure if it increases the 

structure’s useful life by 10 years or if 

it costs at least $25,000. 

Construction means the act of 

building or significantly altering, 

renovating, or repairing a structure. 

Acquiring, clearing, and reshaping land 

and demolishing structures are types or 

phases of construction. Examples of 

structures are buildings, docks, piers, 

breakwaters, and slips. 

Director means: 

(1) The person whom the Secretary of 

the Interior: 

(i) Appointed as the chief executive 

official of the U.S. Fish and Wildlife 

Service; and 

(ii) Delegated authority to administer 

BIG nationally; or 

(2) A deputy or another person who 

exercises the Director’s Servicewide 

authority. 

Eligible user means an operator or 

passenger of an eligible vessel. 

Eligible vessel means a transient 

recreational vessel at least 26 feet long. 

The term includes vessels that are 

owned, loaned, rented, or chartered. 

The term does not include commercial 

vessels that dock or operate from a 

permanent location or that routinely 

transport passengers on a prescribed 

route, such as cruise ships, dive boats, 

and ferries. 

Facility means the structures, 

equipment, and operations that: 

(1) Provide services to boaters at one 

location; and 

(2) Are under the control of a single 

operator or business identified in the 

project application. 

Grant means an award of money, the 

principal purpose of which is to transfer 

funds from a Federal agency to a grantee 

to support or stimulate an authorized 

public purpose and includes the 

matching cash and any matching inkind contributions. 

Maintenance means keeping 

structures or equipment in a condition 

to serve the intended purpose. It does 

not include routine activities such as 

janitorial work. 

Match means the portion of the costs 

of a grant-funded project or projects not 

borne by the Federal Government, 

unless a Federal statute authorizes such 

match, including the value of any inkind contributions. 

Navigable waters means waters that 

are deep and wide enough for the 

passage of eligible vessels. 

Operation means activities that allow 

a project or parts of a project to perform 

their function on a daily basis. 

Project means one or more related 

activities that are eligible for BIG 

funding and, in the case of a 

construction project, occur at only one 

facility. 

Real property means one, several, or 

all interests, benefits, and rights 

inherent in owning a parcel of land or 

water and includes anything physically 

and firmly attached to it by natural or 

human action. Examples of real 

property include fee and leasehold 

interests, easements, fixed docks, piers, 

breakwaters, buildings, utilities, and 

fences. 

Regional Office means the main 

administrative office of one of the 

Service’s geographic Regions in which a 

BIG-funded project is located. Each 

Regional Office has a: 

(1) Regional Director appointed by the 

Director to be the chief executive official 

of the Region and authorized to 

administer Service activities in the 

Region, except for those handled 

directly by the Service’s Washington 

Office; and 

(2) Division of Wildlife and Sport Fish 

Restoration (WSFR) or its equivalent 

that administers BIG grants. 

Renovate means to rehabilitate all or 

part of a facility to restore it to its 

intended purpose or to expand its 

purpose to allow use by eligible vessels 

or eligible users. 

Scope of a project means the purpose, 

objectives, approach, and results or 

benefits expected including the useful 

life of any capital improvement. 

Service means the U.S. Fish and 

Wildlife Service. 

State means any State of the United 

States, the Commonwealths of Puerto 

Rico and the Northern Mariana Islands, 

the District of Columbia, and the 

territories of Guam, the U.S. Virgin 

Islands, and American Samoa. 

Transient means traveling through 

and staying at a single facility up to 10 

days. 

Useful life means the period during 

which a BIG-funded capital 

improvement is capable of fulfilling its 

intended purpose with adequate routine 

maintenance. See §§ 86.74 and 86.75. 

Subpart B—Program Eligibility 

§ 86.10 Who may apply for a BIG grant? 

One agency in each eligible State may 

apply for a BIG grant if authorized to do 

so by: 

(a) A Statute or regulation of the 

eligible jurisdiction; 

(b) The Governor of the State, 

Commonwealth, or territory; or 

(c) The Mayor of the District of 

Columbia. 

§ 86.11 What activities are eligible for 

funding? 

(a) The following activities are eligible 

for BIG funding if they are for eligible 

users or eligible vessels: 

(1) Construct, renovate, or maintain 

publicly or privately owned boating 

infrastructure (see § 86.12) following the 

requirements at § 86.13. 

(2) Conduct activities necessary to 

construct boating infrastructure, such 

as: 

(i) Engineering, economic, 

environmental, or feasibility studies or 

assessments; and 

(ii) Planning, permitting, and 

contracting. 

(3) Dredge a channel, boat basin, or 

other boat passage following the 

requirements at § 86.15. 

(4) Install navigational aids to give 

transient vessels safe passage between a 

facility and navigable channels or open 

water. 

(5) Offer services that support clean 

boating and good environmental 

practices at facilities. 

(6) Produce information and 

educational materials such as charts, 

cruising guides, brochures, and public 

communication pertaining to specific 

activities or accomplishments of a BIG 

project or the BIG program. 

(7) Administer BIG Statewide using 

BIG Basic grant awards, including 

coordinating and monitoring to ensure 

BIG-funded facilities are well 

constructed, meet project objectives, 

and serve the intended purpose for the 

useful life of the project. 

(b) Other activities may qualify for 

BIG funding, subject to our approval, if 

they achieve the purposes of BIG as 

described at § 86.2. 

§ 86.12 What construction and services 

does boating infrastructure include? 

Boating infrastructure may include: 

(a) Boat slips, piers, mooring buoys, 

floating docks, dinghy docks, day docks, 

and other structures for boats to tie-up 

and gain access to the shore or services. 


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(b) Fuel stations, restrooms, showers, 

utilities, and other amenities for 

transient-boater convenience. 

(c) Lighting, communications, buoys, 

beacons, signals, markers, signs, and 

other means to support safe boating and 

provide information to assist boaters. 

(d) Breakwaters, sea walls, and other 

physical improvements to allow an area 

to offer a harbor of safe refuge. A harbor 

of safe refuge is an area that gives 

eligible vessels protection from storms. 

The facility must offer a place to secure 

eligible vessels and provide access to 

provisions and communication for 

eligible users. 

(e) Pumpouts, oil recycling, bilgewater cleaning, absorbent fuel collars, 

and other services and structures that 

support clean and safe boating. 

§ 86.13 What design features must a BIGfunded facility have? 

(a) At project completion, a BIGfunded facility must: 

(1) Be open to eligible users and 

operated and maintained for its 

intended purpose for its useful life; 

(2) Clearly designate eligible uses and 

inform the public of restrictions; 

(3) Offer security, safety, and service 

for eligible users and vessels; 

(4) Be accessible by eligible vessels on 

navigable waters; 

(5) Allow public access as described 

at § 86.92; 

(6) Have docking or mooring sites 

with water access at least 6 feet deep at 

the lowest tide or fluctuation; and 

(7) Have an operational pumpout 

station if: 

(i) Eligible vessels stay overnight; and 

(ii) Available pumpout service is not 

located within 2 nautical miles; or 

(iii) State or local laws require one on 

site. 

(b) We may waive the pumpout 

requirement if the grantee demonstrates 

that installing a pumpout would be a 

hardship due to lack of utilities or other 

difficult obstacles, or that State or local 

law does not allow septic-waste 

disposal facilities at the location. 

(c) If we waive the pumpout 

requirement, the BIG-funded facility 

must post a sign that tells boaters: 

(1) The requirement to hold and 

dispose of septic waste; and 

(2) Where they can find the nearest 

pumpout station or stations. 

86.14 How can I receive BIG funds for 

maintenance? 

(a) For BIG Competitive and BIG Basic 

grants, you may request BIG funds for 

maintenance if the maintenance 

activities: 

(1) Are a one-time cost; and 

(2) Do not extend past the grant 

period. 

(b) For BIG Basic grants, you may also 

request BIG funds for continued 

maintenance costs at BIG-eligible 

facilities. 

(c) Facilities need not have received 

BIG funds in the past. 

§ 86.15 How can dredging qualify as an 

eligible activity? 

(a) Dredging can qualify as an eligible 

activity under the grant if the costs for 

the dredging-related activities do not 

exceed 10 percent of total BIG project 

costs. 

(b) When the project is completed, the 

BIG-funded dredged area must: 

(1) Have navigable water at least 6 feet 

deep at lowest tide or fluctuation; 

(2) Allow safe, accessible navigation 

by eligible vessels to, from, and within 

the BIG-funded facility; and 

(3) Allow eligible vessels to dock 

safely and securely at transient slips. 

(c) You must show in the application 

that: 

(1) Dredging is needed to fulfill the 

purpose and objectives of the proposed 

project; and 

(2) You have divided the dredging 

costs equitably between the expected 

use by eligible vessels and ineligible 

vessels. 

(d) You must certify in the application 

that you have enough resources to 

maintain the dredged area at the 

approved width and depth for the useful 

life of the BIG-funded project. 

§ 86.16 What activities are ineligible for 

BIG funding? 

(a) These activities or costs are 

ineligible for BIG funding: 

(1) Law enforcement. 

(2) Direct administration and 

operation of the facility, such as 

salaries, utilities, and janitorial 

maintenance. 

(3) Developing a State plan to 

construct, renovate, or maintain boating 

infrastructure. 

(4) Acquiring land or any interest in 

land. 

(5) Constructing, renovating, or 

maintaining roads or parking lots. 

(6) Constructing, renovating, or 

maintaining boating infrastructure 

facilities for: 

(i) Shops, stores, food service, other 

retail businesses, or lodging; 

(ii) Facility administration or 

management, such as a harbormaster’s 

or dockmaster’s office; or 

(iii) Transportation, storage, or 

services for boats on dry land, such as 

dry docks, haul outs, and maintenance 

and repair shops. 

(7) Purchasing or operating service 

boats to transport boaters to and from 

mooring areas. 

(8) Marketing, which is an activity 

that promotes a product to interested 

customers for the benefit of the facility. 

It includes a strategy for sales 

techniques, business communication, 

and business development. A business 

uses marketing to identify, satisfy, and 

keep a customer. 

(9) Constructing, renovating, or 

maintaining boating infrastructure that 

does not: 

(i) Include design features as 

described at § 86.13; 

(ii) Serve eligible vessels or users; or 

(iii) Allow access by the general 

public as described at § 86.92. 

(b) Other activities may be ineligible 

for BIG funding if they are inconsistent 

with the: 

(1) Purpose of BIG as described at 

§ 86.2; or 

(2) Applicable Cost Principles at 2 

CFR part 225 or 230. 

§ 86.17 Who must own the site of a BIGfunded facility? 

(a) You, a subgrantee, or another 

entity approved by us must own or have 

a legal right to operate the site of a BIGfunded facility. You must be able to 

show that your contractual 

arrangements with the owner of the site 

will ensure that the owner will use the 

BIG-funded facility for its authorized 

purpose for the useful life of the BIGfunded project. 

(b) Subgrantees or contractors may be 

a local or tribal government, a nonprofit 

organization, a commercial enterprise, 

or an individual. 

(c) Subgrantees that are commercial 

enterprises are subject to: 

(1) 43 CFR 12 subpart F for grant 

administrative requirements; and 

(2) Any future regulations that 

supplement or replace that subpart. 

§ 86.18 How can I ensure that BIG-funded 

projects continue to serve their intended 

purpose for their useful life? 

(a) When you design and build your 

project, you must consider: 

(1) The features and location of your 

project in reference to the geological, 

geographic, and climatic factors that 

may have an impact on the useful life 

of the project; and 

(2) The best reasonably available 

materials and technology. 

(b) You must record the Federal 

interest in real property that includes a 

BIG-funded capital improvement 

according to the assurances required in 

the application and guidance from the 

Regional WSFR Division. 

(c) You must require that subgrantees 

record the Federal interest in real 

property that includes a BIG-funded 

capital improvement. 


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(d) You must notify subgrantees that 

they must not alter the ownership, 

purpose, or use of the BIG-funded 

facility as described in the project 

statement without approval from you 

and the WSFR Regional Office. 

(e) You may impose other 

requirements on subgrantees, as allowed 

by law, to reduce State liability for the 

BIG-funded project. Examples are: 

insurance, deed restrictions, and a 

security interest agreement. 

§ 86.19 What if a project would benefit 

both eligible and ineligible users? 

You may assign 100 percent of the 

project costs to the BIG grant if the 

project and each discrete element of the 

project benefit only eligible users. If a 

proposed project or a discrete element 

of a project would benefit both eligible 

and ineligible users: 

(a) You must divide costs equitably 

between eligible and ineligible users, 

even if the benefits for ineligible users 

are incidental to the objectives of the 

project. You must assign to the BIG 

grant only the share of costs that 

benefits eligible users. 

(b) You must not assign any share of 

the costs to the BIG grant if the project 

or a discrete element of the project does 

not benefit eligible users. 

(c) You must consider placement of 

facilities for eligible users and the 

potential for attracting ineligible users. 

An example would be transient dock 

space near a boat ramp that ineligible 

users could view as a courtesy dock. 

Any facilities with a potential dual 

purpose must either divide costs 

following the guidance at paragraph (e) 

of this section or post restrictions 

following the requirements at § 86.94. 

(d) You must consider the number of 

months per year that the BIG-funded 

project will be available to eligible 

users. 

(e) The following table shows how to 

apply paragraphs (a) through (d) of this 

section: 

If a discrete element of a project benefits. . . Then. . . 

(1) Only eligible users ............................................................................................................... Assign 100 percent of the costs to BIG. 

(2) Both eligible and ineligible users ........................................................................................ Divide costs equitably by the method described in 

the annual Request for Applications at http:// 

www.grants.gov. 

(3) Only ineligible users ............................................................................................................ Assign 0 percent of the costs to BIG. 

(f) You must clearly post the details 

of eligible- and ineligible-user access 

following the guidance at § 86.94. 

(g) You must explain in the project 

statement the basis or method you use 

to assign costs between eligible and 

ineligible users. We reject applications 

that do not divide costs equitably 

between eligible and ineligible users. 

Subpart C—Federal Funds and Match 

§ 86.30 What is the source of BIG funds? 

(a) BIG receives Federal funding as a 

percentage of the annual revenues to the 

Sport Fish Restoration and Boating 

Trust Fund (Trust Fund) [26 U.S.C. 

4161(a), 4162, 9503(c), and 9504]. 

(b) The Trust Fund receives revenue 

from sources including: 

(1) Excise taxes paid by manufacturers 

on sportfishing equipment and electric 

outboard motors; 

(2) Fuel taxes attributable to 

motorboats and nonbusiness use of 

small-engine power equipment; and 

(3) Import duties on fishing tackle, 

yachts, and pleasure craft. 

§ 86.31 How does the Service know how 

much money will be available for BIG grants 

each year? 

(a) We estimate funds available for 

BIG grants each year when we issue a 

Request for Applications (RFA) at 

http://www.grants.gov. We base this 

estimate on the revenue projected for 

the Trust Fund. 

(b) We calculate the actual amount of 

funds available for BIG grants based on 

tax collections, the funds carried over 

from previous fiscal years, and available 

unobligated BIG funds. 

§ 86.32 What are the match requirements? 

(a) The Act requires that the State or 

another non-Federal partner must pay at 

least 25 percent of eligible and 

allowable project costs. We must waive 

the first $200,000 of the required match 

for each grant to the Commonwealth of 

the Northern Mariana Islands and the 

territories of American Samoa, Guam, 

and the U.S. Virgin Islands (48 U.S.C. 

1469(a)). 

(b) Match may be cash contributed 

during the funding period or in-kind 

contributions of personal property, 

structures, and services including 

volunteer labor contributed during the 

grant period. 

(c) Match must be: 

(1) Necessary to achieve project 

objectives; 

(2) From a non-Federal source, unless 

you show that a Federal statute 

authorizes the specific Federal source 

for use as match; and 

(3) Consistent with the applicable 

sections of: 

(i) Uniform Administrative 

Requirements for Grants and 

Agreements at 43 CFR 12.64 and 43 CFR 

12.923; 

(ii) Applicable Cost Principles at 2 

CFR parts 225 or 230; and 

(iii) Any regulations or policies that 

may replace or supplement 

requirements at paragraphs (c)(3)(i) and 

(ii) of this section. 

(d) Match must not include: 

(1) An interest in land or water; 

(2) The value of any structure 

completed before the beginning of the 

funding period; 

(3) Costs or in-kind contributions that 

have been or will be counted as 

satisfying the cost-sharing or match 

requirement of another Federal grant, a 

Federal cooperative agreement, or a 

Federal contract, unless authorized by 

Federal statute; or 

(4) Any funds received from another 

Federal source, unless authorized by 

Federal statute. 

§ 86.33 What information must I provide 

on match commitments and where do I 

provide it? 

(a) You must provide information on 

the amount and the source of match for 

your BIG application on the standard 

grant application form available at 

http://www.grants.gov. 

(b) You must also provide information 

on: 

(1) Your match commitment in the 

project statement under ‘‘Match and 

Other Contributions;’’ and 

(2) A subgrantee’s or other third 

party’s match commitment in the 

project statement under ‘‘Match and 

Other Contributions’’ and by attaching 

to the application package a letter 

signed by the third party’s authorized 

representative. 

(c) In providing the information 

required at paragraphs (b)(1) and (2) of 

this section, you must: 

(1) State the amount of matching cash; 

(2) Describe any matching in-kind 

contributions; 

(3) State the estimated value of any inkind contributions; and 

(4) Explain the basis of the estimated 

value. 


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§ 86.34 What if a partner is not willing or 

able to follow through on a match 

commitment? 

(a) If you discover that a partner is not 

willing or able to meet a match 

commitment, you must either: 

(1) Replace the original partner with 

another partner and provide us with a 

letter of commitment from the new 

partner; or 

(2) Provide either cash or an in-kind 

contribution that at least equals the 

value and achieves the same objective as 

the partner’s original commitment of 

cash or in-kind contribution. 

(b) You must notify us of any changes 

in your application related to partners 

before a grant award. Failure to notify us 

that a contributing partner has 

withdrawn its support may make your 

project ineligible. 

(c) You must notify us of any changes 

in partner contributions after an award 

following the provisions at § 86.100. 

(d) If you discover that a partner is not 

willing or able to meet a match 

commitment and you do not have 

enough money to complete the project, 

you must follow the requirements at 

§§ 86.73 and 86.100. 

Subpart D—Application for a Grant 

§ 86.40 What are the differences between 

BIG Basic grants and BIG Competitive 

grants? 

COMPARISON OF BIG BASIC AND COMPETITIVE GRANTS

BIG basic BIG competitive 

(a) What activities are eligible for funding? Those listed at § 86.11 ..................................... Those listed at § 86.11. 

(b) What is the amount of Federal funds I can 

receive in one BIG grant? 

Each year we make at least $100,000 available to each State. States may request any 

amount up to the annual funding limit. We 

decide annual funding limits based on the 

total funds available for BIG. We announce 

each year in http://www.grants.gov the 

amount of Federal funds you can receive.

Up to $1.5 million. 

(c) How many applications can I submit each 

year? 

We will accept only one per State, but it may 

contain multiple projects. 

No limit. 

(d) How does the Service choose applications 

for funding? 

We fund one eligible grant per State up to the 

maximum annual amount available.

We score each application according to ranking criteria at § 86.51. We recommend applications with the highest scores to the Director. The Director selects the applications 

for award. 

§ 86.41 How do I apply for a grant? 

(a) You apply for a grant by 

submitting an application to: 

(1) http://www.grants.gov, Catalog of 

Federal Domestic Assistance (CFDA) 

15.622; or 

(2) Regional Director, at the address 

listed in the annual RFA and available 

at http://www.grants.gov for the 

Regional Office responsible for Service 

activities in the State where your project 

is located. 

(b) Regional Office addresses are in 

the annual RFA at http:// 

www.grants.gov, CFDA 15.622. 

(c) If you send an application to the 

Regional Director, you may send it by 

any means authorized in the annual 

RFA at http://www.grants.gov. 

(d) The director of your agency or an 

authorized representative must certify 

all standard forms submitted in the 

application process, in the format 

designated by the Service. 

(e) If your State supports Executive 

Order 12372, Intergovernmental Review 

of Federal Programs, you must send 

copies of all standard forms and 

supporting information to the State 

Clearinghouse or Single Point of Contact 

before sending it to the Regional 

Director. 

§ 86.42 What do I have to include in an 

application? 

(a) When you submit a BIG 

application you must include standard 

forms, budget information, a BIG project 

statement, documents, maps, images, 

and other information asked for in the 

annual RFA at http://www.grants.gov, 

CFDA 15.622 in the format requested. 

(b) After we review your application, 

any responses to our requests to give 

more information or to clarify 

information become part of the 

application. 

(c) After we award your project, you 

must include supporting documentation 

explaining how the proposed work 

complies with applicable laws and 

regulations and identify permits, 

evaluations, and reviews you will need 

to obtain in order to complete the 

project. 

(d) Substantial misrepresentations of 

the information you give in an 

application may be a reason for us to: 

(1) Consider your application 

ineligible; or 

(2) Terminate your grant agreement. 

§ 86.43 What information must I put in the 

project statement? 

You must put the following 

information in the project statement: 

(a) Need. Explain why the project is 

necessary and how it fulfills the 

purpose of BIG stated at § 86.2. To 

support the need for the project you 

must: 

(1) Describe existing facilities 

available for eligible vessels near the 

proposed project. Include relevant 

details, such as the number of transient 

slips and the amenities for eligible 

users. 

(2) Describe how the proposed project 

fills a need or offers a benefit not offered 

by the existing facilities identified at 

paragraph (a)(1) of this section. 

(3) Give information to support the 

number of transient boats expected to 

use the area of the proposed project and 

show that the existing facilities 

identified at paragraph (a)(1) of this 

section are not enough to support them. 

(b) Purpose and objectives. State the 

purpose and objectives. The purpose 

states the desired outcome of the 

proposed project in general or abstract 

terms. The objectives state the desired 

outcome of the proposed project in 

terms that are specific and quantified. 

(c) Results or benefits expected. (1) 

Describe the capital improvement, 

services, or other products that will 

result from the project, and the purpose 

of each of these. 

(2) Describe how the structures, 

services, or other products will: 

(i) Satisfy the need described at 

paragraph (a) of this section; and 

(ii) Benefit eligible users. 

(d) Approach. (1) Describe the 

methods used to achieve the objectives. 

Show that you will use sound design 

and proper procedures. Include enough 

information for the Service to make a 

preliminary assessment of compliance 

needs. 


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(2) Give the name, contact 

information, qualifications, and role of 

each known contractor or subgrantee. 

(3) Explain how you will exercise 

control to ensure the BIG-funded facility 

continues to fulfill its authorized 

purpose during the useful life of the 

BIG-funded project. 

(e) Useful life. State the useful life in 

years of the capital improvements for 

the proposed project. Explain how you 

determined the useful life of each 

capital improvement. You must 

reference a generally accepted method 

used to determine useful life of a capital 

improvement valued at $100,000 or 

more. See §§ 86.74 and 86.75. 

(f) Geographic location. State the 

location using Global Positioning 

System (GPS) coordinates in the format 

requested in the annual RFA at http:// 

www.grants.gov. State the local 

jurisdiction (county, town, city, or 

equivalent), street address, and water 

body associated with the project. 

(g) Budget narrative. Provide costs 

and additional information sufficient to 

show that the project will have benefits 

that justify the costs. State the percent 

of project costs that benefit eligible 

users. Describe any item that requires 

the Service’s approval and estimate its 

cost or value. Examples are preaward 

costs and dredging. 

(h) Match and other partner 

contributions. See §§ 86.32 and 86.33 for 

required information. 

(i) Fees and program income, if 

applicable. (1) See § 86.90 for the 

information that you must include on 

the estimated fees that an operator will 

charge during the useful life of the BIGfunded project. 

(2) See §§ 86.78 and 86.79 for an 

explanation of how you may use 

program income. If you determine that 

your project will generate program 

income during the grant period, you 

must: 

(i) Estimate the amount of program 

income that the project is likely to 

generate; and 

(ii) Indicate how you will apply 

program income to Federal and nonFederal outlays. 

(j) Multipurpose projects and 

equitable costs for BIG-funded facilities. 

You must explain the method used to 

divide costs equitably between 

estimated benefits for eligible and 

ineligible users. Your division of costs 

must be consistent with the 

requirements at § 86.19. 

(k) Relationship with other grants. 

Describe the relationship between this 

project and other work funded by 

Federal and non-Federal grants that is 

planned, expected, or in progress. 

(l) Timeline. Describe significant 

milestones in completing the project 

and any accomplishments to date. 

(m) Grantee’s contact. Record the 

name, work address, and worktelephone number of your 

representative for day-to-day issues on 

the project. 

§ 86.44 What other documents and 

information must I include in a grant 

application? 

(a) You must include in all BIG 

applications: 

(1) Maps, such as: 

(i) A small State map that shows the 

general location of the project; 

(ii) A local map that shows the facility 

location and the nearest community, 

public road, and navigable water body; 

and 

(iii) Any other map that supports the 

information in the project statement. 

(2) For construction projects, support 

the description of your project by 

including images that show existing 

structures and facilities, the proposed 

BIG project, and information related to 

your project such as distances, number 

of slips, and functions. 

(3) Letters of commitment from 

partners, if applicable, using the 

guidance at § 86.33. (4) Any other 

documents requested in the annual RFA 

or needed to support your proposed 

project. 

(b) In BIG Competitive applications, 

you must respond to each of the 

questions addressing the ranking criteria 

at § 86.51 in the order in which the 

questions appear in the table. We 

publish the questions for these criteria 

in the annual RFA at http:// 

www.grants.gov. In answering each 

question, you must include the 

information at §§ 86.52 through 86.58 

and any additional information 

requested in the annual RFA. 

§ 86.45 What if my BIG project needs more 

than the awarded Federal share and 

required match to complete? 

(a) If you plan a project that you 

cannot complete with the amount of the 

Federal award and the required match, 

you may: 

(1) Find other sources of funds to 

complete the project; 

(2) Combine BIG Basic and BIG 

Competitive funding to complete a 

project at a single location; or 

(3) Divide your larger project into 

smaller, distinct, stand-alone projects 

and apply for more than one BIG grant, 

either in the same year or in different 

years. One project cannot depend on the 

completion of another. 

(b) For BIG Competitive grants, we 

review and rank each application 

individually, and each must compete 

with other applications for the same 

award year. 

(c) If you receive a BIG grant for one 

of your applications, we do not give 

preference to other applications you 

submit. 

§ 86.46 If the Service does not select my 

application for funding, can I apply for the 

same project the following year? 

If we do not select your BIG 

application for funding, you can apply 

for the same project the following year 

or in later years. 

§ 86.47 What changes can I make in an 

application after I submit it? 

(a) After you submit your application, 

you can add information or make 

changes up to the date and time that the 

applications are due. 

(b) After the due date of the 

applications and before we announce 

successful applicants, you can add 

information or make a change in your 

application only if it does not affect the 

scope of the project and would not 

affect the score of the application. If we 

discover that part of an application 

contains activities that we cannot fund 

with a BIG grant, we will determine on 

a case-by-case basis if we will consider 

the remainder of the application for 

funding. We may ask the applicant to 

change the useful life of the BIG project 

during this period following guidance at 

§ 86.75. 

(c) You must inform us of any 

incorrect information in an application 

as soon as you discover it, either before 

or after receiving an award. 

(d) We may ask you at any point in 

the application process to: 

(1) Clarify, correct, explain, or 

supplement data and information in the 

application; 

(2) Justify the eligibility of a proposed 

activity; or 

(3) Justify the allowability of proposed 

costs or in-kind contributions. 

(e) If you do not respond fully to our 

questions at paragraph (d) in this 

section in the time allotted, we will not 

consider your application for funding. 

(f) If funding is limited and we cannot 

fully fund your project, we may tell you 

the amount of available funds and ask 

you if you wish to adjust your 

application to reduce the amount of 

funding requested. 

Subpart E—Project Selection 

§ 86.50 Who ranks BIG Competitive 

applications? 

We assemble a panel of our 

professional staff to review, rank, and 

recommend applications for funding to 

the Director. This panel may include 


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representatives from our Regional 

Offices, with Washington Office staff 

overseeing the review, ranking, and 

recommendation process. Following the 

requirements of the Federal Advisory 

Committee Act (5 U.S.C. Appendix), the 

Director may invite nongovernmental 

organizations and other non-Federal 

entities to take part in an advisory panel 

to make recommendations to the 

Director. 

§ 86.51 What criteria does the Service use 

to evaluate BIG Competitive applications? 

Our panel of professional staff and an 

advisory panel of nongovernmental 

organizations evaluate BIG Competitive 

applications using the ranking criteria 

in the following table and assigning 

points within the range for each 

criterion. We may supplement these 

criteria in the annual RFA on http:// 

www.grants.gov. 

Ranking criteria Points 

(a) Boating Infrastructure ........................................................................................................................................................... 50 percent of total 

possible points. 

(1) Will the proposed boating infrastructure meet a need for more or improved facilities? .............................................. 0–30. 

(2) Will the proposed boating infrastructure accommodate boater access to significant destinations and services that 

support transient boater travel?.

0–10. 

(3) Will eligible users receive benefits from the proposed boating infrastructure that justify the cost of the project? ..... 0–10. 

(b) Partnerships ......................................................................................................................................................................... 30 percent of total 

possible points. 

(1) Will the proposed project include private or public partnerships to develop, renovate, maintain, or operate facilities?.0–15. 

(2) Will the proposed project include private, local, or other State funds greater than the required minimum match? ... 0–15. 

(c) Environment ......................................................................................................................................................................... 20 percent of total 

possible points. 

(1) Will the proposed project improve or maintain the quality of the local environment? ................................................. 0–10. 

(2) Will the proposed project include physical components or activities that improve the environmental sustainability 

of the facility? 

0–10. 

(d) Total possible points ............................................................................................................................................................ 100. 

§ 86.52 What does the Service consider 

when evaluating a project on the need for 

more or improved boating infrastructure? 

In evaluating a proposed project 

under the criterion at § 86.51(a)(1) on 

the need for more or improved boating 

infrastructure facilities, we consider 

whether the project will: 

(a) Construct new boating 

infrastructure in an area that lacks these 

facilities, but where eligible vessels now 

travel or would travel if the project were 

completed; 

(b) Renovate a facility to: 

(1) Improve its physical condition; 

(2) Comply with local building codes; 

(3) Improve generally accepted safety 

standards; or 

(4) Adapt it to a new purpose for 

which there is a demonstrated need; 

(c) Expand an existing marina or 

mooring site that is unable to 

accommodate current or projected 

demand by eligible vessels; or 

(d) Produce other improvements to 

accommodate a demonstrated eligible 

need. 

§ 86.53 What does the Service consider 

when evaluating a project on boater access 

to significant destinations and services that 

support transient boater travel? 

In evaluating a proposed project 

under the criterion at § 86.51(a)(2) on 

boater access, we consider the degree of 

access that the BIG-funded facility will 

give, the significance of the destination, 

and the services available in the area to 

support eligible users. 

§ 86.54 What does the Service consider on 

benefits to eligible users that justify the 

cost of the project? 

We consider these factors in 

evaluating a proposed project under the 

criterion at § 86.51(a)(3) on benefits for 

eligible users that justify the cost of the 

project: 

(a) Total cost of the project; 

(b) Total benefits available to eligible 

users upon completion of the project; 

and 

(c) Credibility of the data and 

information used to determine benefits 

relative to costs. 

§ 86.55 What does the Service consider 

when evaluating a project for partnerships? 

(a) We consider the number of 

partners and the significance of each 

partner’s contribution in evaluating a 

project under the criterion at 

§ 86.51(b)(1). 

(b) To qualify, a partner’s contribution 

must be necessary to accomplish the 

eligible project objectives. The 

application must state specifically how 

the partnership helps construct, 

renovate, or maintain the project. 

(c) The following may qualify as 

partners for purposes of the ranking 

criterion: 

(1) A non-Federal entity, including a 

subgrantee, if it signs a letter that: 

(i) Commits to contributing match that 

is at least 1 percent of the BIG-funded 

project; and 

(ii) Follows the requirements at 

§ 86.33(b)(2) and (c). 

(2) A Federal or non-Federal entity 

that has taken or commits to take a 

voluntary action during the grant 

period. The action must contribute 

directly and substantively to the 

completion of the project. You must 

explain in the application how the 

action is necessary to complete the 

project. 

(3) A Federal or non-Federal entity 

that commits to the ongoing objectives 

of the project, such as providing a 

service or benefit on a routine basis 

during or after the grant period. You 

must explain in the application how the 

action will contribute, the length of the 

commitment, and how the commitment 

benefits the project and eligible users. 

(4) A governmental entity may be a 

partner unless its contribution to 

completing the project is a mandatory 

duty of the agency, such as reviewing a 

permit application. 

§ 86.56 What does the Service consider 

when evaluating a project that includes 

greater than the minimum match? 

When we evaluate a project under the 

criterion for match at § 86.51(b)(2), we 

consider cash and the value of allowable 

in-kind contributions of equipment, 

services, and supplies. 

§ 86.57 What does the Service consider 

when evaluating a project for improving or 

maintaining the quality of the local 

environment? 

In evaluating a proposed project 

under the criterion at § 86.51(c)(1), we 

consider whether the project will: 

(a) Restore, support, or create local 

habitat; 


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(b) Compensate for the impacts of the 

project on the local environment; or 

(c) Eliminate an existing 

environmentally harmful practice or 

situation at or near the facility. 

§ 86.58 What does the Service consider 

when evaluating a project for environmental 

sustainability? 

(a) In evaluating a proposed project 

under the criterion at § 86.51(c)(2), we 

consider whether the project includes 

equipment, supplies, practices, and 

other elements that will minimize the 

global impact or enhance the long-term 

sustainability of the project. 

(b) We may consider activities funded 

through other sources that benefit 

eligible users, but are not eligible BIG 

costs. 

§ 86.59 What happens after the Director 

approves projects for funding? 

(a) After the Director approves 

projects for funding, we notify 

successful applicants of the: 

(1) Amount of the grant; 

(2) Forms or documents required, 

including those required for compliance 

with applicable laws and regulations; 

(3) Approvals needed; and 

(4) Time constraints. 

(b) After we receive the required 

forms and documents, we approve the 

terms of the grant and obligate the grant 

in the Federal financial management 

system. 

(c) BIG funds are available for Federal 

obligation for 3 Federal fiscal years, 

starting October 1 of the fiscal year that 

funds become available for award. We 

do not make a Federal obligation until 

you meet grant requirements. Funds not 

obligated within 3 fiscal years are no 

longer available. 

Subpart F—Grant Administration 

§ 86.70 What standards must I follow when 

constructing a BIG-funded facility? 

(a) You must design and build a BIGfunded facility so that each structure 

meets Federal, State, and local 

standards. 

(b) You must provide documents to 

show that a licensed engineer or 

architect designed the project. 

§ 86.71 How much time do I have to 

complete the work funded by a BIG grant? 

(a) We assign a grant period that is no 

longer than 3 years from the grant start 

date. 

(b) You must complete your project 

within the grant period unless you ask 

for and receive a grant extension. 

§ 86.72 What if I cannot complete the 

project during the grant period? 

(a) If you cannot complete the project 

during the 3-year grant period, you may 

ask us for an extension. Your request 

must be in writing, and we must receive 

it before the end of the original grant 

period. 

(b) An extension is considered a 

revision of a grant and must follow 

guidance at § 86.101. 

(c) We will approve a 1-year extension 

if your request: 

(1) Describes in detail the work you 

have completed and the work that you 

plan to complete during the extension; 

(2) Explains the reasons for delay; 

(3) Includes a report on the status of 

the project budget; and 

(4) Includes assurance that you have 

met or will meet all other terms and 

conditions of the grant. 

(d) If you cannot complete the project 

during the 1-year extension period, you 

may ask us for a second extension. Your 

request must be in writing, and we must 

receive it before the end of the first 1- 

year extension. Your request for a 

second extension must include all of the 

information required at paragraph (b) of 

this section and, it must show that: 

(1) The extension is justified; 

(2) The delay in completion is not due 

to inaction, poor planning, or 

mismanagement; and 

(3) You will achieve the project 

objectives by the end of the second 

extension. 

(e) We require that the Regional 

Director for your State and the Service’s 

Assistant Director for the Wildlife and 

Sport Fish Restoration Program approve 

extensions beyond 2 years. 

§ 86.73 What if I need more funds to finish 

a project? 

(a) If you need more money to finish 

a BIG Competitive project, you must: 

(1) Complete the project with funds 

from non-Federal sources; or 

(2) Request approval to change the 

scope of the grant by following guidance 

in subpart I of this part. 

(b) If you need more money to finish 

a BIG Basic project, you may: 

(1) Complete the project with funds 

from non-Federal sources; 

(2) Complete the project with funds 

from another annual BIG Basic grant; or 

(3) Request approval to change the 

scope of the grant by following guidance 

in subpart H of this part. 

(c) If you do not complete your 

project, we follow guidance found for 

non-compliance in 43 CFR 12.83, 43 

CFR 12.962, and whatever other 

regulations may apply. 

§ 86.74 How long must I operate and 

maintain a BIG-funded facility, and who is 

responsible for the cost of operation and 

maintenance? 

(a) You must operate and maintain a 

BIG-funded facility for its authorized 

purpose for the useful life of the BIGfunded project. See §§ 86.3, 86.43(e), 

and 86.75. 

(b) Catastrophic events may shorten 

the identified useful life of a BIG 

project. You may provide appropriate 

insurance coverage for the BIG project 

in order to protect the investment 

should an event occur. If the event 

causes sufficient damage that it is not 

practical to repair or replace the BIG 

project, you may ask the Regional 

Director to amend the grant agreement 

to reduce your useful-life obligation. 

(c) You are responsible for the costs 

of the operation and maintenance of the 

BIG-funded project for its useful life. 

§ 86.75 How do I determine the useful life 

of a project? 

(a) To determine and justify the useful 

life of a project you must: 

(1) Identify each capital improvement 

for your project. The capital 

improvement must be a structure or 

system that meets the definition at 

§ 86.3 and serves an identified purpose, 

such as a building, dock system, 

breakwater, seawall, dredge project, fuel 

station, or pumpout system. 

(2) Show the expected useful life and 

how you determined the useful life for 

each capital improvement identified 

following paragraph (a)(1) of this 

section. 

(3) Use a generally accepted method 

to determine the useful life of a capital 

improvement valued at $100,000 or 

more. 

(4) Determine useful life based on the 

functional purpose of the capital 

improvement. For example, if a dock 

system has a concrete base that will last 

at least 50 years, but you expect the 

overall useful life of the dock system to 

be 20 years, use 20 years. 

(b) We may reject your application if 

you do not adequately justify your 

determination for the useful life of each 

capital improvement. 

(c) We may adjust the proposed useful 

life of the BIG project in consultation 

with you and any subgrantees. We may 

ask you to justify and change the useful 

life at any time between receiving your 

application and when the Regional 

Office issues the award. 

§ 86.76 How should I credit the BIG 

program? 

(a) You must use the Sport Fish 

Restoration logo to show the source of 

BIG funding: 


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(b) Examples of language you may use 

to credit the BIG program are: 

(1) A Sport Fish Restoration—Boating 

Infrastructure Grant funded this facility 

thanks to your purchase of fishing 

equipment and motorboat fuel. 

(2) A Sport Fish Restoration—Boating 

Infrastructure Grant is funding this 

construction thanks to your purchase of 

fishing equipment and motorboat fuel. 

(3) A Sport Fish Restoration—Boating 

Infrastructure Grant funded this 

pamphlet thanks to your purchase of 

fishing equipment and motorboat fuel. 

§ 86.77 How can I use the logo for the BIG 

program? 

(a) You must use the Sport Fish 

Restoration logo on: 

(1) BIG-funded facilities; 

(2) Printed or Web-based material or 

other visual representations of BIG 

projects or accomplishments; and 

(3) BIG-funded or BIG-related 

educational and informational material. 

(b) You must require a subgrantee to 

display the logo in the places and on 

materials described at paragraph (a) of 

this section. 

(c) The Director or Regional Director 

may authorize other persons, 

organizations, agencies, or governments 

that are not grant recipients to use the 

logo for purposes related to the BIG 

program by entering into a written 

agreement with the user. The user must 

state how it intends to use the logo, to 

what it will attach the logo, and the 

relationship to the BIG program. 

(d) The Service and the Department of 

the Interior make no representation or 

endorsement whatsoever by the display 

of the logo as to the quality, utility, 

suitability, or safety of any product, 

service, or project associated with the 

logo. 

(e) The user of the logo must 

indemnify and defend the United States 

and hold it harmless from any claims, 

suits, losses, and damages from: 

(1) Any allegedly unauthorized use of 

any patent, process, idea, method, or 

device by the user in connection with 

its use of the logo, or any other alleged 

action of the user; and 

(2) Any claims, suits, losses, and 

damages arising from alleged defects in 

the articles or services associated with 

the logo. 

(f) No one may use any part of the 

logo in any other manner unless the 

Director or Regional Director authorizes 

it. Unauthorized use of the logo is a 

violation of 18 U.S.C. 701 and subjects 

the violator to possible fines and 

imprisonment. 

§ 86.78 How must I treat program income? 

(a) You must follow the applicable 

program income requirements at 43 CFR 

12.65 or 12.924. 

(b) We authorize the following 

options in the regulations cited in 

paragraph (a) of this section: 

(1) You may deduct the costs of 

generating program income from the 

gross income as long as you did not 

charge these costs to the grant. An 

example of costs that may qualify for 

deduction is maintenance of the BIGfunded facility that generated the 

program income. 

(2) Use the addition alternative for 

program income only if: 

(i) You describe the source and 

amount of program income in the 

project statement according to 

§ 86.43(i)(2); and 

(ii) We approve your proposed use of 

the program income, which must be for 

one or more of the activities eligible for 

funding in § 86.11. 

(3) Use the deduction alternative for 

program income that does not qualify 

under paragraph (b)(2) of this section. 

(c) We do not authorize the costsharing or matching alternative in the 

regulations cited in paragraph (a) of this 

section. 

(d) For BIG Basic grants that include 

multiple projects: 

If . . . Then . . . 

(1) The State subgrants one or more projects and an individual subgrantee project is completed.(i) The State must verify to the WSFR Regional Office that its agreement with the subgrantee has been satisfied. 

(ii) The Regional Office will review and approve completion of the 

project. 

(iii) The Regional Office will instruct the State to apply any program income earned by the subgrantee as described at § 86.78(b). The subgrantee will have no further responsibilities for program income. 

(iv) The State grant will stay open to allow for completion of other 

projects, as applicable. 

(2) The State will complete one or more projects and an individual 

State project is completed.

(i) The State must notify the WSFR Regional Office that it has completed one of the projects in the grant. 

(ii) The Regional Office must require the State to apply program income to the grant, but may allow the State to apply program income 

as described in § 86.78(b). 

§ 86.79 How must I treat income earned 

after the grant period? 

You are not accountable to us for 

income earned by you or a subgrantee 

after the grant period as a result of the 

grant except as required at §§ 86.90 and 

86.91. 

Subpart G—Facility Operations and 

Maintenance 

§ 86.90 How much must an operator of a 

BIG-funded facility charge for using the 

facility? 

(a) An operator of a BIG-funded 

facility must charge a reasonable fee for 

using the facility based on prevailing 

rates at other publicly and privately 

owned local facilities offering a similar 

service or amenity. 

(b) We review fees as part of the 

application process. Awarding your 

grant includes approval of proposed fees 

unless we indicate otherwise. 

§ 86.91 May an operator of a BIG-funded 

facility increase or decrease user fees 

during the useful life of the BIG-funded 

project? 

An operator of a BIG-funded facility 

may increase or decrease user fees 

during the useful life of the BIG-funded 


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project if they are consistent with 

prevailing market rates. 

§ 86.92 May an operator of a BIG-funded 

facility limit public access? 

(a) An operator of a BIG-funded 

facility must not limit public access to 

any part of the facility during the useful 

life of the BIG-funded project, except as 

permitted at paragraphs (d) and (e) of 

this section, unless you describe these 

limits in the approved application. 

Public access in this section means 

access by eligible users, other types of 

boaters, and the general public. 

(b) The site of a BIG-funded facility 

must be: 

(1) Accessible to the public; and 

(2) Open for reasonable periods. 

(c) The public must have access to the 

shore and related facility features such 

as fuel stations and restrooms. 

(d) An operator may temporarily limit 

public access to all or part of the BIGfunded facility due to an emergency, 

repairs, construction, or as a safety 

precaution. 

(e) An operator may limit public 

access when seasonally closed for 

business. 

§ 86.93 May I prohibit overnight use by 

eligible vessels at a BIG-funded facility? 

You may prohibit overnight use at a 

BIG-funded facility if you state in the 

approved application that the facility is 

only for day use. 

§ 86.94 Do I have to include informational 

signs for eligible users at BIG-funded 

facilities? 

(a) You must include clearly visible 

signs at BIG-funded facilities that: 

(1) Direct eligible users to the BIGfunded facility; 

(2) Include fees, restrictions, operating 

periods, and contact information; and 

(3) Restrict ineligible use at any part 

of the BIG-funded project designated 

only for eligible use. 

(b) You must credit BIG as a source of 

the funding. 

(c) When crediting the BIG program 

you must follow the requirements at 

§§ 86.76 and 86.77. 

Subpart H—Revisions and Appeals 

§ 86.100 Can I change the information in 

an application after I receive a grant? 

(a) To change information in an 

application after you receive a grant, 

you must propose a revision of the grant 

and we must approve it. 

(b) We may approve a proposed 

revision if it: 

(1) Involves process, materials, 

logistics, or other items that have no 

effect on the factors used to decide 

score; 

(2) Would not significantly decrease 

the benefits of the project; and 

(3) Would not increase Federal funds. 

(c) We may approve a decrease in the 

Federal funds requested in the 

application subject to paragraph (b) of 

this section. 

(d) The Regional Director must review 

and the Assistant Director for the 

Wildlife and Sport Fish Restoration 

Program must approve any changes after 

we award a grant. 

§ 86.101 How do I ask for a revision of a 

grant? 

(a) You must ask for a revision of a 

grant by sending us the following 

documents: 

(1) The standard form used to apply 

for Federal assistance, which is 

available at http://www.grants.gov. You 

must use this form to update or ask for 

a change in the information that you 

included in the approved application. 

The authorized representative of your 

agency must certify this form. 

(2) A statement attached to the 

standard form at paragraph (a)(1) of this 

section that explains: 

(i) How the revision would affect the 

information that you submitted with the 

original grant application; and 

(ii) Why the revision is necessary. 

(b) You must send any revision of the 

scope to your State Clearinghouse or 

Single Point of Contact if your State 

supports this process under Executive 

Order 12372, Intergovernmental Review 

of Federal Programs. 

§ 86.102 Can I appeal a decision? 

You can appeal the Director’s or 

Regional Director’s decision on any 

matter subject to this part. 

(a) You must send the appeal to the 

Director within 30 days of the date that 

the Director or Regional Director mails 

or otherwise informs you of a decision. 

(b) You may appeal the Director’s 

decision under paragraph (a) of this 

section to the Secretary within 30 days 

of the date that the Director mailed the 

decision. An appeal to the Secretary 

must follow procedures in 43 CFR part 

4, subpart G, ‘‘Special Rules Applicable 

to other Appeals and Hearings,’’ or any 

regulations that replace or supplement 

subpart G. 

§ 86.103 Can the Director authorize an 

exception to this part? 

The Director can authorize an 

exception to any requirement of this 

part that is not explicitly required by 

law if it does not conflict with other 

laws or regulations or the policies of the 

Department of the Interior or the OMB. 

Subpart I—Information Collection 

§ 86.110 What are the informationcollection requirements of this part? 

(a) This part requires each applicant 

in the BIG program to: 

(1) Give us information on Standard 

Form 424, Application for Federal 

Assistance (OMB control number 4040– 

0004). 

(2) Certify on Standard Form 424 B, 

Assurances for Nonconstruction 

Programs, or Standard Form 424 D, 

Assurances for Construction Programs, 

or both if applicable, (OMB control 

numbers 4040–0007 and 4040–0009) 

that it: 

(i) Has the authority to apply for the 

grant; 

(ii) Has the ability to complete the 

project; and 

(iii) Will follow the laws, regulations, 

and policies applicable to construction 

projects, nonconstruction projects, or 

both. 

(3) Complete a project statement that 

describes the need, objectives, results 

expected, approach, location, cost 

explanation, and other information that 

shows that the project is eligible under 

the authorizing legislation and meets 

the requirements of the Federal Cost 

Principles and the laws, regulations, 

and policies applicable to the grant 

program (OMB control number 1018– 

0109). 

(b) This part requires each grantee in 

the BIG program to: 

(1) Update information given to the 

Service in an earlier approved 

application (OMB control number 1018– 

0109). 

(2) Report on a Standard Form 425, 

Federal Financial Report, on the status 

of Federal grant funds and any program 

income earned (OMB control number 

0348–0061). 

(3) Report on progress in completing 

the grant-funded project (OMB control 

number 1018–0109). 

(4) Report real property status or 

request agency instructions on real 

property on Standard Form 429, Real 

Property Status Report (OMB control 

number 3090–0296). 

(5) Follow any future requirements for 

reporting financial and performance 

activities of a grant using additional 

forms or formats for inputting 

information. 

(c) The authorizations for information 

collection under this part are in OMB 

Circular A–102, ‘‘Grants and 

Cooperative Agreements with State and 

Local Government,’’ and in 43 CFR 12, 

subpart C, ‘‘Uniform Administrative 

Requirements for Grants and 

Cooperative Agreements to State and 

Local Governments.’’ 


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(d) Send comments on the 

information collection requirements to: 

U.S. Fish and Wildlife Service, 

Information Collection Clearance 

Officer, 4401 North Fairfax Drive, MS 

2042–PDM, Arlington, VA 22203. 

Dated: March 12, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–6994 Filed 3–27–12; 8:45 am] 

BILLING CODE 4310–55–P 


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