65FR36653 Federal Aid in Sport Fish Restoration Program; Participation by the District of Columbia and U.S. Insular Territories and Commonwealths
robop...@us.govnews.org
Posting-number: Volume 65, Issue 112, Page 36653
[Federal Register: June 9, 2000 (Volume 65, Number 112)]
[Proposed Rules]
[Page 36653-36656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn00-32]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
RIN 1018-AD83
Federal Aid in Sport Fish Restoration Program; Participation by
the District of Columbia and U.S. Insular Territories and Commonwealths
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We propose to conform our regulations for the Federal Aid in
Sport Fish Restoration Program to a recently enacted law by letting the
States spend up to 15 percent (not just 10 percent) of their Federal
Aid funds on aquatic education and outreach and communications. We also
propose to let the Commonwealth of Puerto Rico, the District of
Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, and American Samoa spend more for these purposes, with
the approval of the appropriate Fish and Wildlife Service Regional
Director. While making these changes in this section of our
regulations, we also propose to rewrite that entire section to put it
in plain lauguage, without making substantive change.
We also propose a new section to define existing requirements for
the collection of informatoin required by the Paperwork Reduction Act
and the Office of Management and Budget's implementing regulation. This
section is also presented in plain language format. Comments are
welcome on both sections.
DATES: Comments must be received by August 8, 2000.
ADDRESSES: Comments may be addressed to the Chief, Division of Federal
Aid, U.S. Fish and Wildlife Service, Arlington Square 140, 4401 North
Fairfax Drive, Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Jack Hicks, Division of Federal Aid,
U.S. Fish and Wildlife Service. Telephone: (703) 358-1851.
SUPPLEMENTARY INFORMATION:
Background
Through the Federal Aid in Sport Fish Restoration Program, the U.S.
Fish and Wildlife Service (Service) disburses funds to States
(including the District of Columbia and the U.S. insular territories
and Commonwealths) to restore and manage the Nation's fishery
resources. The States use the funds to fund fisheries research,
surveys, and management; purchase and restore habitat; operate
hatcheries; build boat access; and provide aquatic education and
outreach and communications programs.
The program is authorized by the Federal Aid in Sport Fish
Restoration Act (Act), 16 U.S.C. 777 et seq., enacted in 1950, and
carried out by regulations in 50 CFR part 80, ``Administrative
Requirements, Federal Aid in Fish and Federal Aid in Wildlife
Restoration Acts.'' Funds for the program are derived from excise and
import taxes on fishing tackle and motorboat fuel. The manufacturer or
importer collects the tax and pays it to the U.S. Department of the
Treasury, who transfers the money to the Service for distribution to
the States.
Congress has amended the Act several times, most recently via the
Transportation Equity Act for the 21st Century (Pub. L. 105-178),
passed in 1998. Among other things, that law, commonly referred to as
TEA-21, increased, from 10 to 15 percent, the maximum allowable
expenditure of Sport Fish Restoration apportioned dollars for aquatic
education, which now also applies to related outreach and
communications projects. Section 777g(c) of the Act states, ``(E)ach
State may use not to exceed 15 percent of the funds apportioned to it
under Section 777c of this title to pay up to 75 percent of the costs
of an aquatic resource education and outreach and communications
program for the purpose of increasing public understanding of the
Nation's water resources and associated aquatic life forms.''
To carry out TEA-21, we are proposing changes to 50 CFR part 80.
Specifically, we are proposing to amend part 80 by revising Sec. 80.15
and by adding a new Sec. 80.27 pertaining to information collection
requirements. Currently, 50 CFR 80.15(e) states, ``(N)ot more than 10
per centum of the annual amount apportioned to each State under
provisions of the Federal Aid in Sport Fish Restoration Act may be
obligated on projects for aquatic education.'' In accordance with TEA-
21, we propose to amend part 80 to raise the amount that States may
expend for aquatic education and outreach and communications to 15
percent. However, we also propose to allow the Commonwealth of Puerto
Rico, the District of Columbia, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, and American Samoa to spend
a higher portion of their funds for this purpose, as described below.
We further propose to convert the existing language in Sec. 80.15 to
plain language.
As proposed, the Commonwealth of Puerto Rico, the District of
Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, and American Samoa would not be subject to the
statutory cap of 15 percent for aquatic education and outreach and
communications expenditures; that cap would apply only to the actual
States. Section 777k of the Act states in part that ``(T)he secretary
of the Interior is authorized to cooperate with the Secretary of
Agriculture of Puerto Rico, the Mayor of the District of Columbia, the
Governor of Guam, the Governor of American Samoa, the Governor of the
Commonwealth of the Northern Mariana Islands, and the Governor of the
Virgin Islands, in the conduct of fish restoration and management
projects, as defined in Section 777a of this title, upon such terms and
conditions as he shall deem fair, just, and equitable* * *'' Under this
authority, we propose to let these jurisdictions spend a higher share
of their program funds on aquatic education and outreach and
communications, on the grounds that doing so is fair, just, and
equitable because of the unique characteristics that set them apart
from the States.
The District of Columbia has a very small land base in District
ownership (most of the riverfront land is owned by the National Park
Service), limited aquatic resources (portions of two rivers and
assorted small ponds and streams), and a very high urban population.
The District commits a steady amount of funding for fisheries research
and survey work in those portions of the two rivers that flow through
its boundaries and for maintenance of its boating access facilities.
Because of the land ownership situation, however, limited opportunities
exist for the District to acquire land or to build additional boat
access facilities, hatcheries, or fishing piers. In 1987 the District
began an aquatic education program that has grown steadily and provides
diverse, high-quality education programs for D.C. students and other
citizens. The District's urban population creates the opportunity and
need for developing innovative education strategies. While the demand
for aquatic education remains high, the District's program cannot
provide all the services requested because, under the current rules,
the agency is limited to 10 percent of the total apportionment to spend
on aquatic education programs.
The Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin
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Islands, and American Samoa, although located over large geographical
areas, have limited land mass. These islands are mostly small, separate
land masses, creating special educational needs on an island-by-island
basis. Unlike the U.S. mainland, which has reservoirs and lakes, the
islands have an array of riverine, estuarine, and coastal habitats in
very close proximity. Island aquatic ecosystems are less resilient than
their continental counterparts. Thus, education on the conservation of
aquatic resources on these islands becomes more critical.
Despite these unique characteristics, our current regulations in 50
CFR part 80 impose the same limitation on the education, outreach and
communications funding of the Commonwealth of Puerto Rico, the District
of Columbia, the Commonwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, and American Samoa as they do on all the States.
For the reasons just described, we believe the District of Columbia and
the U.S. insular territories and commonwealths should be allowed
discretion in determining the funding needed for aquatic education and
outreach and communications. However we are proposing to authorize
Service Regional Directors to make final determinations regarding
spending for this purpose. With this proposed rule change, the
Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth
of the Northern Mariana Islands, Guam, the Virgin Islands, and American
Samoa will gain the flexibility to spend more on aquatic education and
outreach and communications programs, if given approval to do so by the
appropriate Service Regional Director.
Required Determinations
We have examined this action under the Paperwork Reduction Act
(PRA) of 1995 and found it to contain no new or revised information
collection requirements. However a new section, 50 CFR 80.27, is added
to fulfill the public notice requirements of the PRA for existing
approved information collection requirements contained in part 80.
This document was not subject to review by the Office of Management
and Budget under Executive Order 12866, Regulatory Planning and Review.
It is not a significant regulatory action.
This rule will not have an annual economic effect of $100 million
or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. A cost-benefit and economic
analysis is not required because of the low dollar amount of this
proposed rule change. This change would simply redistribute existing
money. The District of Columbia, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, and American Samoa (but not
Puerto Rico) each receive an annual apportionment of one-third of one
percent of the Sport Fish Restoration account. Over the last 10 years,
this amount has ranged from about $580,000 to $910,000, with an average
of approximately $720,000 per year. In 2000, the apportionment was
$803,128, which permitted them to each spend $120,469 (15 percent) for
aquatic education and outreach and communications. Puerto Rico, which
receives 1 percent, has a 10-year average of $2,164,533, with a 2000
apportionment of $2,409,383, and currently has an aquatic education and
outreach and communications spending limit of $361,407. The dollar
amounts of this proposed rule will not have a major effect on the
affected economies, since the money would have been obligated under
programs other than aquatic education and outreach and communications
without this change.
This rule will not create inconsistencies with other agencies'
actions or materially affect entitlements, grants, user fees, loan
programs, or the rights and obligations of their recipients. This rule
increases the allowable spending levels of Sport Fish Restoration
dollars for aquatic education and outreach and communications, not the
total apportionment for the recipients.
This rule will not raise novel legal or policy issues. The 15-
percent limit applying to States was done through congressional action.
The requested raised spending authority for the District of Columbia
and the U.S. insular territories and commonwealths simply recognizes
the different situations that these recipients have concerning
opportunities for aquatic education and outreach and communications
projects. The Act authorizes cooperation with the Commonwealth of
Puerto Rico, the District of Columbia, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, and American Samoa. If not
obligated, the money reverts after 2 years to the Service.
We are soliciting comments on the readability of this proposed rule
change and conformance with ``plain language'' guidelines. Please send
comments to Chief, Division of Federal Aid, U.S. Fish and Wildlife
Service, 4401 North Fairfax, Suite 140, Arlington, VA 22030. Our
practice is to make comments, including names and home addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their home address
from the rulemaking record, which we will honor to the extent allowable
by law. There also may be circumstances in which we would withhold from
the rulemaking record a respondent's identity, as allowable by law. If
you wish us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifyng themselves
as representatives or officials of organizations or businesses,
available for public inspection in their entirety.
The Department of the Interior certifies that this proposed rule
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act of 1980 (5 U.S.C.
et seq.). This action affects, by giving them more flexibility, the
Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth
of the Northern Mariana Islands, Guam, the Virgin Islands, and American
Samoa. These governmental entities govern populations of more than
50,000, and, therefore, they are not small entities as defined in 5
U.S.C. 601. The proposed change simply allows for the redistribution of
existing funds.
In the District of Columbia, two constraints on the use of Sport
Fish Restoration funds are (1) fisheries and water resources are
limited to about 30 miles of river and a few impoundments and wetland
areas and (2) most of the undeveloped shoreline in the District, which
would be used to develop boat access sites, is owned by the National
Park Service. The District's population of 650,000 people offers both a
need and an opportunity for education. A greater public benefit can be
achieved by allowing spending above the cap for the District of
Columbia. The District would expand and improve the work outlined in
its current 5-year plan, including building an addition to the heavily
used Aquatic Education Center to include classrooms and a wet lab for
both fisheries research and educational demonstrations and expanding
the summer youth program and in-school program to reach a greater
percentage of constituents.
The Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, and American Samoa are very
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diverse in culture and language, creating a need for multiple
approaches to similar conservation issues. Letting the Regional
Directors approve spending above 15 percent will allow more flexibility
to use education and outreach and communications to help prevent and
solve fisheries and aquatic resource problems.
Additional funding for aquatic education and outreach and
communications will benefit local residents without appreciable losses
in management capability. No discernible effects on product prices or
other economic effects are associated with this rule.
We have determined and certify pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rulemaking will not impose
a cost of $100 million or more in any given year on local, State, or
territorial governments or private entities.
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule does not have
an annual effect on the economy of $100 million or more; will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, territorial, or local government agencies,
or geographic regions; and does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This rule change would allow redirection of certain monies
within a total apportionment; no added or reduced total funding is
involved in this change.
We have determined that these proposed regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform.
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. This rule gives the recipients (the District of Columbia, the
Commonwealth of Puerto Rico, the commonwealth of the northern Mariana
Islands, Guam, the Virgin Islands, and American Samoa) more self-
determination by allowing them more flexibility in their spending
decisions.
List of Subjects in 50 CFR Part 80
Fish, Grant programs, Natural resources, Reporting and
recordkeeping requirements, Wildlife.
Accordingly, we propose to amend part 80 of title 50 of the Code of
Federal Regulations as follows:
PART 80--[AMENDED]
1. The authority citation for part 80 continues to read as follows:
Authority: 16 U.S.C. 777i; 16 U.S.C. 669i; 18 U.S.C. 701.
2. Section 80.15, is revised to read as follows:
Sec. 80.15 Allowable costs.
(a) What are allowable costs? Allowable costs are costs that are
necessary and reasonable for accomplishment of approved project
purposes and are in accordance with the cost principles of OMB Circular
A-87.
(b) What is required to determine the allowability of costs? All
costs must be supported by source documents or other records as
necessary to substantiate the application of funds. Such documentation
and records are subject to review by the U.S. Fish and Wildlife Service
and, if necessary, the Secretary to determine the allowability of
costs.
(c) Are costs allowable if they are incurred prior to the date of
the grant agreement? Costs incurred prior to the effective date of the
grant agreement are allowable only when specifically provided for in
the grant agreement.
(d) How are costs allocated in multipurpose projects or facilities?
Projects or facilities designed to include purposes other than those
eligible under either the Sport Fish Restoration or Wildlife
Restoration Acts must provide for the allocation of costs among the
various purposes. The method used to allocate costs must produce an
equitable distribution of costs based on the relative uses or benefits
provided.
(e) What is the limit on administrative costs for State central
services? Administrative costs in the form of overhead or indirect
costs for State central services outside of the State fish and wildlife
agency must be in accord with an approved cost allocation plan and
cannot exceed in any 1 fiscal year 3 per centum of the annual
apportionment to that State. Each State has a State Wide Cost
Allocation Plan that describes approved allocations of indirect costs
to agencies and programs within the State.
(f) How much money may be obligated for aquatic education and
outreach and communications?
(1) Each of the 50 States may spend no more than 15 percent of the
annual amount apportioned to it under provisions of the Federal Aid in
Sport Fish Restoration Act for an aquatic education and outreach and
communications program for the purpose of increasing public
understanding of the Nation's water resources and associated aquatic
life forms.
(2) The Commonwealth of Puerto Rico, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands,
and American Samoa are not limited to the 15-percent cap imposed on the
50 States. Each of these entities may spend more for these purposes
with the approval of the appropriate Regional Director.
3. A new Sec. 80.27 is added to read as follows:
Sec. 80.27 What are the information collection requirements in this
part?
(a) Information gathering requirements include filling out forms to
apply for certain benefits offered by the Federal Government.
Information gathered under this part is authorized under the Federal
Aid in Sport Fish Restoration Act (16 U.S.C. 777-777l) and the Federal
Aid in Wildlife Restoration Act (16 U.S.C. 669-669i). The Service may
not conduct or sponsor, and you are not required to respond to, a
collection of information unless the request displays a currently valid
OMB control number. Our requests for information will be used to
apportion funds and to review and make decisions on grant applications
and reimbursement payment requests submitted to the Federal Aid
Program.
(b) OMB Circulars A-110 and A-102 require the use of several
Standard Forms: SF-424, SF-424A and SF-424B, SF-269A and SF-269B, SF-
270, SF-271 and SF-272. Combined, as many as 12,000 of these forms are
used annually by grant applicants. The individual burden is
approximately 1 hour to compile information and complete each form; the
total burden is approximately 12,000 hours (approximately 3,500 grants
are awarded/renewed each year, but not all forms are used for all
grants). These forms are needed to document grant applications and
requests for reimbursement.
(c) Part 1 Certification (form 3-154A) and Part 2 Summary of
Hunting and Sport Fishing License Issued (form 3-154B) (OMB Approval
1018-0007) require approximately \1/2\ hour from each of 56 respondent
States and territories for a total burden of 28 hours. The information
is routinely collected by the States and territories and easily
transferred to these forms and certified. This information is used in a
statutory formula to apportion funds among the grant recipients.
(d) The Grant Agreement, 3-1552, and Amendment to Grant Agreement,
3-1591 (OMB Approval 1018-0049) require approximately 1 hour to gather
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relevant information, review, type, and sign. This information is
compiled in the normal agency planning processes and transferred to
these forms. Recipients nationwide complete approximately 3,500 Grant
Agreement forms and 1,750 Amendment to Grant Agreement forms during any
fiscal year for a total burden of 5,250 hours. This information is used
to document financial awards made to grant recipients and amendments to
these awards.
(e) The public is invited to submit comments on the accuracy of the
estimated average burden hours needed for completing Part I--
Certification, Part II--Summary of Hunting and Sport Fishing License
Issued, Grant Agreement, and Amendment to Grant Agreement forms and to
suggest ways in which the burden may be reduced. Comments may be
submitted to: U.S. Fish and Wildlife Service, Information Collection
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203.
Dated: May 11, 2000.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-14586 Filed 6-8-00; 8:45 am]
BILLING CODE 4310-55-M