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Definition

Subprogram of the Sport Fish Restoration Grant Program with a purpose to acquire land for new facilities, build new facilities, or acquire, renovate, or improve existing facilities to create or improve public access to the waters of the United States or improve the suitability of these waters for recreational boating. 

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The funds apportioned annually are derived from excise taxes on fishing equipment, motorboat and small engine fuels, import duties, and interest collected in the Sport Fish Restoration and Boating Trust Fund. These funds are apportioned to the states, the District of Columbia and insular areas based on a formula which includes land area , and the number of paid license holders, minimums and maximums.  There are maximum and minimum amounts that each state, District of Columbia, and insular areas are afforded. 

Is there a mandatory spending requirement for this program?

The Sport Fish Restoration Act mandates each state, the District of Columbia and insular area to allocate at least 15 percent of their annual Sport Fish Restoration apportionment to boating access projects. The allocation is averaged over a five year period for each U.S. Fish and Wildlife Service region.  These spending requirements are also found in 50 CFR 80.61.

May a State allocate more than 15% of its annual Sport Fish Restoration apportionment to the Boating Access subprogram?

50 CFR 80.61(b) states that an individual State may allocate more than 15% of its annual Sport Fish Restoration apportionment in a single Federal fiscal year with the Regional Director's approval.  State's should determine the amount of Federal funds allocated to their Boating Access subprogram based upon their priorities. 

What happens if May a state allocates more or allocate less than the required 15%?15% of its annual Sport Fish Restoration apportionment to the Boating Access subprogram?

50 CFR 80.61(b) states than an individual State may allocate less than 15% of its annual Sport Fish Restoration An individual State agency may allocate more or less than 15 percent of its annual apportionment in a single Federal fiscal year ( with the Regional Director’s Director's approval) , as long as over each 5-year period, the total allocation for the Recreational Boating Access subprogram in that State's Region meets or exceeds 15 percent the subprogram in each of the Service's geographic regions must average at least 15% of the Sport Fish Restoration funds apportioned to the States in that Region within a five year period.the Region.  State's should determine the amount of Federal funds allocated to their Boating Access subprogram based upon their priorities.  

Are the five year periods rolling or designated?

The five year periods are designated and coincide with Federal fiscal years 2008-2012, 2013–2017, 2018–2022, and each subsequent 5-year period (50 CFR 80.61(c)).

What happens if the total Regional allocation for a 5-year period is less than 15 percent?

If the total Regional allocation for a 5-year period is less than 15 percent,  State agencies the States may, in a memorandum of understanding, agree among themselves which of them will make the additional allocations to eliminate the Regional shortfall (50 CFR 80.61(d)).

What happens if State fish and wildlife agencies the States do not agree on which state will make additional allocations to bring the average Regional allocation to at least 15 percent over a 5-year period?

When State fish and wildlife agencies do not agree on which state will make additional allocations the Regional Director may require States in the Region to make changes needed to achieve the minimum 15-percent Regional average before the end of the fifth year (50 CFR 80.61(e)(1)).

Can the Regional Director require a state to increase or decrease its allocation if the State has allocated at least 15 percent over the 5-year period?

No. The Regional Director must not require a State to increase or decrease its allocation if the State has allocated at least 15 percent over the 5-year period (50 CFR 80.61(e)(2)).

How long do States have to apply to use recreational boating access funds? WSFR must ensure that States apply to use recreational boating access funds in the year that the State receives them or in the four following fiscal yearsare Boating Access subprogram funds available for obligation by the States?

Boating Access subprogram funds are available for obligation for 5 years.  The first year being the year in which the funds first became available for allocation (50 CFR 80.61(f)).

What happens to an agency's funds that are not obligated within the required time-frame5 year period of availability?

If the agency’s application to use these funds has not led to a Federal obligation within the required time-frame, these allocated funds become available for reapportionment among the State fish and wildlife agencies for the following fiscal year (50 CFR 80.61(g)).

Can these funds be used to assess the need needs for recreational boating access sites in a State?

Yes. Recreational Boating Access funds can be used to conduct surveys to determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats (50 CFR 80.51(b)(2)).

May WSFR fund boating access maintenance and operations projects?

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TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS  Sec. 777g(1)

50 CFR § 80.51 (b)What activities are eligible for funding under the Dingell-Johnson Sport Fish Restoration Act?

§ 80.61 What requirements apply to funds for the Recreational Boating Access subprogram?