This information applies to:
Sport Fish Restoration and Recreational Boating Access Subprogram
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.
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS Sec. 777g(1)
Each State shall allocate 15 percent of the funds apportioned to it for each fiscal year under section 777c of this title for the payment of up to 75 percent of the costs of the acquisition, development, renovation, or improvement of facilities (and auxiliary facilities necessary to insure the safe use of such facilities) that create, or add to, public access to the waters of the United States to improve the suitability of such waters for recreational boating purposes. Notwithstanding this provision, States within a United States Fish and Wildlife Service Administrative Region may allocate more or less than 15 percent in a fiscal year, provided that the total regional allocation averages 15 percent over a 5 year period.
Frequently Asked Questions
What is the source of funds for this grant program?
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, number of paid license holders, minimums and maximums.
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.
What happens if a state allocates more or less than the required 15%?
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 approval) as long as the total allocation for the Recreational Boating Access subprogram in that State's Region meets or exceeds 15 percent of the Sport Fish Restoration funds apportioned to the States in that Region within a five year period.
Are the five year periods rolling or designated?
The five year periods are designated and coincide with Federal fiscal years 2013–2017, 2018–2022, and each subsequent 5-year period.
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 may, in a memorandum of understanding, agree among themselves which of them will make the additional allocations to eliminate the Regional shortfall.
What happens if State fish and wildlife agencies 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.
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.
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 years.
What happens to an agency's funds that are not obligated within the required time-frame?
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.
Can these funds be used to assess the need 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.
May WSFR fund boating access maintenance and operations projects?
Yes. WSFR may fund maintenance and operations of boating access sites, facilities, and structures, even if the Sport Fish Restoration program did not fund their acquisition or construction. In addition, WSFR may fund custodial and cyclical maintenance either in the same project or grant or in separate projects or grants. Custodial maintenance includes routine or recurring tasks such as housekeeping and minor repairs, and the supplies, materials, vehicles, equipment, and tools necessary to do the work. Cyclical maintenance includes major repairs or renovations that States or their subgrantees conduct at intervals normally greater than 1 year. States are responsible for maintenance of all capital improvements they acquire or construct using Sport Fish Restoration funds throughout the improvement’s planned useful life.
What is the effect on funding when a project benefits users other than recreational boaters?
If the primary purpose of a project is to benefit recreational boaters, and other uses are clearly incidental or secondary, WSFR may fund the projects using recreational boating access funds. If the primary purpose of a facility is to benefit users who are not recreational boaters, WSFR must ensure that the State prorates costs among the users. The method a State uses to prorate costs must distribute costs equitably based on the relative uses or benefits provided.
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