This information applies to:
Sport Fish Restoration Program
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Definition
A 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.
16 U.S.C. Code chapter 10B - Fish Restoration and Management Projects
§ 777g(b) Funding Requirements
(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 per centum 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.
(Aug. 9, 1950, ch. 658, § 8, 64 Stat. 433; Pub. L. 91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1103; Pub. L. 98–369, div. A, title X, § 1014(a)(6), July 18, 1984, 98 Stat. 1016; Pub. L. 102–587, title V, § 5604(b), Nov. 4, 1992, 106 Stat. 5088; Pub. L. 105–178, title VII, §§ 7402(c), 7404(b), June 9, 1998, 112 Stat. 484, 486; Pub. L. 105–206, title IX, § 9012(c), July 22, 1998, 112 Stat. 864; Pub. L. 109–59, title X, § 10114, Aug. 10, 2005, 119 Stat. 1928; Pub. L. 114–94, div. A, title X, § 10001(d), Dec. 4, 2015, 129 Stat. 1621.)
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 and the number of paid license holders. 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.
May a state allocate less than 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 apportionment in a single Federal fiscal year with the Regional Director's approval, as long as over each 5-year period, the total allocation for 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 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, 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 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 are 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 5 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 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?
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.
Learning Aids
Related Pages
Sport Fish Restoration Program Apportionments
Boating Infrastructure Grant Program (BIG)
Resources
References
§ 80.61 What requirements apply to funds for the Recreational Boating Access subprogram?
