50 Cfr 85

Electronic Code of Federal Regulations:

Page 1 of 13

Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

e-CFR Data is current as of June 5, 2009
Title 50: Wildlife and Fisheries
Browse Previous | Browse Next

PART 85—CLEAN VESSEL ACT GRANT PROGRAM

Section Contents

Subpart A—General
§ 85.10 Purpose and scope.
§ 85.11 Definitions.
§ 85.12 Information collection, recordkeeping, and reporting requirements.
Subpart B—Application for Grants
§ 85.20 Eligible activities.
§ 85.21 Application procedures.
§ 85.22 Grant proposals.
Subpart C—Grant Selection
§ 85.30 Grant selection criteria.
§ 85.31 Grant selection.
Subpart D—Conditions on Use/Acceptance of Funds
§ 85.40
§ 85.41
§ 85.42
§ 85.43
§ 85.44
§ 85.45
§ 85.46
§ 85.47
§ 85.48

Cost sharing.
Allowable costs.
Real and personal property.
Signs and symbols.
Fee charges for use of facilities.
Public access to facilities and maintenance.
Survey and plan standards.
Program crediting.
Compliance with Federal laws, regulations, and policies.

Authority: 16 U.S.C. 777g(c).
Source: 59 FR 11206, Mar. 10, 1994, unless otherwise noted.
Subpart A—General

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 2 of 13

top

§ 85.10 Purpose and scope.
top
The purpose of this part is to establish requirements for state participation in the Clean Vessel Act Grant
Program authorized by Section 5604 of the Clean Vessel Act (Public Law 102–587, Subtitle F).

§ 85.11 Definitions.
top
Terms used in this part shall have the following meaning:
Clean Vessel Act or Act. The Clean Vessel Act (Pub. L. 102–587, subtitle F).
Coastal State. A State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the
Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. The term also includes Puerto
Rico, the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. The term
excludes Alaska and American Samoa because these States have a ratio of the number of recreational
vessels in the State numbered under chapter 123 of title 46, United States Code, to number of miles of
shoreline (as that term is defined in §926.2(d) of title 15, Code of Federal Regulations, as in effect on
January 1, 1991), of less than one.
Costal waters. In the Great Lakes area, the waters within the territorial jurisdiction of the United States
consisting of the Great lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such
as bays, shallows, and marshes. In other areas, those waters, adjacent to the shorelines, which contain
a measurable percentage of sea water, including sounds, bays, lagoons, bayous, ponds, and estuaries.
Coastal zone. Coastal zone has the same meaning that the term has in section 304(1) of the Coastal
Zone Management Act of 1992 (16 U.S.C. 1453(1)). The coastal zone consists of coastal waters
(including the lands therein and thereunder) and the adjacent shorelands, including islands, transitional
and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to
the international boundary between the United States and Canada and, in other areas, seaward to the
outer limit of the United States territorial sea. The zone extends inland from the shorelines only to the
extent necessary to control shorelands and protect coastal waters.
Construction. Activities which produce new capital improvements and increase the value of usefulness
of existing property.
Dump station. A facility specifically designed to receive sewage from portable toilets carried on vessels.
Dump stations do not include lavatories or restrooms.
Education/information. The education/information program, as identified in the technical guidelines as
published in theFederal Register,designed to make recreational boaters aware of the environmental
pollution problem resulting from sewage discharges from vessels and inform them of the location of
pumpout and dump stations.
Eligible applicant. An agency of a State designated by the Governor.
Equitable fees. The maximum charge per pumpout is $5.00. Price modifications and discounts are
subject to State/Federal laws concerning pricing.
Facility. A pumpout station or dump station.
Facility open to the public. (1) A Clean Vessel Act facility that is open and available to the public is one
where the public has full and reasonable access to the pumpout/dump station, including:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 3 of 13

(i) Provision of signage visible from the water to direct boaters to pumpout/dump stations;
(ii) Location of pumpouts to facilitate ease of use by all boats typical to that particular marina;
(iii) Equitable fees; and
(iv) Reasonable open periods.
(2) To be eligible for funding under this program, both public and private facilities must be open to the
public.
Grant. An award of financial assistance, including cooperative agreements, in the form of money, or
property in lieu of money, by the Federal Government to an eligible grantee.
Inland State. A State which is not a coastal State. The District of Columbia, American Samoa and Alaska
are included as inland States (Rationale for Samoa and Alaska being inland States can be found in
§85.11(b) above).
Maintenance. Those activities necessary for upkeep of a facility. These are activities that allow the
facility to function and include routine recurring custodial maintenance such as housekeeping and minor
repairs as well as the supplies, materials, and tools necessary to carry out the work. Also included is
non-routine cyclical maintenance to keep facilities fully functional.
Operation. Those activities necessary for the functioning of a facility to produce desired results. These
are activities that make the facility work.
Plans. Those plans identified in the technical guidelines as published in theFederal Register,for
construction or renovation of pumpout and dump stations necessary to ensure that there are adequate
and reasonably available stations to meet the needs of recreational vessels using the coastal waters of
the State.
Private facilities. Private facilities include those operated by the following:
(1) For profit or non-profit private marinas, docks, etc.;
(2) For profit or non-profit concessionaires, whether they are leased or private facilities, on public lands;
or
(3) Yacht or boating clubs, whether they are open to the public or members-only facilities.
Public facilities. Public facilities include municipal, county, port authority, State and Federal marinas,
docks, etc., operated by those agencies.
Pumpout station. A facility that pumps or receives sewage from a type III marine sanitation device
(holding tank) installed on board vessels.
Reasonable open periods. This part does not specify hours, days and seasons, however, some
suggested examples, provided no other factors are involved, are presented:
(1) Pumpout/dump stations may be open during the same period the fuel docks are normally open.
(2) Pumpout stations may be open when the marina is open and staff is present to pump out boats.
(3) Pumpout/dump stations may be open during the hours considered to be normal marina business
hours as adjusted by seasonal differences.
Recreational vessel. Watercraft manufactured for operation, or operated, primarily for pleasure. This
term includes any watercraft leased, rented, or chartered to another for the latter's pleasure.
Renovation. Major rehabilitation of a facility to restore it to its original intended purpose.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 4 of 13

Surveys. Those surveys identified in the technical guidelines as published in theFederal
Register.Surveys are designed to determine the number and location of all operational pumpout and
dump stations at public and private marinas, mooring areas, docks, and other boating access facilities
within the coastal zone. Surveys also are designed to determine the number of recreational vessels in
coastal waters with holding tanks or portable toilets, and the areas of coastal waters where those
vessels congregate.
Type III marine sanitation device (holding tank). Any equipment for installation on board a vessel which
is specifically designed to receive, retain, and discharge sewage.
[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]

§ 85.12 Information collection, recordkeeping, and reporting requirements.
top
(a) The information collection requirements for this grant program, except for surveys, are those
necessary to comply with 43 CFR 12 which include a narrative statement as identified in 85.22 Grant
Proposals. The collection of survey information contained in this rule was approved by the Office of
Management and Budget as required by 44 U.S.C. 3501 et seq., October 18, 1993, OMB No. 1018–
0086, expiration date September 30, 1996.
(b) Record keeping requirements include the tracking of costs and accomplishments related to the grant
as required by 43 CFR 12.60, monitoring and reporting program performance (43 CFR 12.80), and
financial reporting (43 CFR 12.81).
(c) Reporting requirements include retention and access requirements as required by 43 CFR 12.82.

Subpart B—Application for Grants
top

§ 85.20 Eligible activities.
top
(a) Eligible grant activities—coastal States:
(1) Eligible activities include identification in the coastal zone of all operational pumpout and dump
stations, and surveys of recreational vessels in coastal waters with holding tanks or portable toilets, and
the areas where those vessels congregate. Also eligible are costs of developing a list, including chart
coordinates, of all operational pumpout and dump stations in the coastal zone of the State, for
submission to the Fish and Wildlife Service.
(2) Plans for construction and renovation of pumpout and dump stations in the coastal zone of the State
necessary to ensure that these stations are adequate and reasonably available to meet the needs of
recreational vessels using the coastal waters of the State. Completed Stated-funded plans may be
submitted after the technical guidelines appear in theFederal Register.
(b) Eligible grant activities—all States:
(1) Eligible grant activities include education/information program to educate/inform recreational boaters
about the environmental pollution problems resulting from sewage discharges from vessels and to
inform them of the location of pumpout and dump stations.
(2) Eligible grant activities include the construction, renovation, operation and maintenance of pumpout
and dump stations, including floating restrooms in the water, not connected to land or structures
connected to the land, used solely by boaters. Eligible grant activities also include any activity necessary
to hold and transport sewage to sewage treatment plants, such as holding tanks, piping, haulage costs,
and any activity necessary to get sewage treatment plants to accept sewage, such as installing bleed-in

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 5 of 13

facilities.
(c) Ineligible activities:
(1) Activities that do not provide public benefits.
(2) Enforcement activities.
(3) Construction/renovation of upland restroom facilities.
(4) Construction, renovation, operation and maintenance of on-site sewage treatment plants, such as
package treatment plants and septic systems, and of municipal sewage treatment plants for primary and
secondary treatment.

§ 85.21 Application procedures.
top
(a) Eligible applicants will submit their proposals to the appropriate Regional Office of the U.S. Fish and
Wildlife Service. Coastal States submitting proposals for both the coastal zone and the inland portion of
their States, must submit two separate proposals. The Regional Office addresses follow:

Region 1 States Include—American Samoa, California, Commonwealth of the Northern
Mariana Islands, Guam, Hawaii, Idaho, Nevada, Oregon, and Washington
Division of Federal Aid, U.S. Fish and Wildlife Service, Eastside Federal Complex, 911 NE
11th Avenue, Portland, Oregon 97232–4181, (503) 231–6128
Region 2 States Include—Arizona, New Mexico, Oklahoma, and Texas
Division of Federal Aid, U.S. Fish and Wildlife Service, P.O. Box 1306, 500 Gold Avenue SW.,
Albuquerque, New Mexico 87103, (505) 766–2095
Region 3 States Include—Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin
Division of Federal Aid, U.S. Fish and Wildlife Service, Bishop Henry Whipple Federal
Building, 1 Federal Drive, Fort Snelling, Minnesota 55111–4056, (612) 725–3596
Region 4 States Include—Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, and the Virgin Islands
Division of Federal Aid, U.S. Fish and Wildlife Service, 1875 Century Boulevard, Suite 324,
Atlanta, Georgia 30345, (404) 679–4159
Region 5 States Include—Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,
Vermont, Virginia, and West Virginia
Division of Federal Aid, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley,
Massachusetts 01035–9589, (413) 253–8501
Region 6 States Include—Colorado, Kansas, Montana, North Dakota, Nebraska, South
Dakota, Utah, and Wyoming
Division of Federal Aid, U.S. Fish and Wildlife Service, 134 Federal Building, P.O. Box 25486,
Denver, Colorado 80225

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 6 of 13

134 Union Boulevard, third floor, Lakewood, Colorado 80225, (303) 236–7392
Region 7 State Includes—Alaska
Division of Federal Aid, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage,
Alaska 99503, (907) 786–3435
(b) Proposals will be accepted for FY 1995 funds ($7.05 million) between the effective date and April 29,
1994. For FY 1996 and FY 1997, proposals will be due by May 1 of the year preceding that fiscal year
(e.g., May 1, 1995 for FY 1996).
[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]

§ 85.22 Grant proposals.
top
Grant proposals will consist of a narrative which identifies and describes the following:
(a) The need within the purposes of the Act (Coastal States with approved plans should indicate how the
activities contained in the proposal implements the plan);
(b) Discrete objective(s) to be accomplished during a specified time period that address the need(s);
(c) Expected results or benefits from accomplishing the objectives, including the numbers of recreational
vessels and people served;
(d) The approach to be used in meeting the objectives, including specific procedures, schedules, key
personnel, cooperators, grant location, innovative approaches, public/private partnerships, education,
sensitive waters, public access, and estimated costs;
(e) Amount and source of matching funds; and,
(f) Fees for use of facility.

Subpart C—Grant Selection
top

§ 85.30 Grant selection criteria.
top
The Director shall give priority consideration to grant proposals that meet the criteria listed in
Subsections a–h and in the accompanying chart:
(a) In coastal States that have no survey or plan, proposals to complete such survey and plan;
(b) Proposals for constructing and renovating pumpout and dump stations without an approved plan;
(c) In coastal States, proposals for constructing and renovating pumpout and dump stations in
accordance with a coastal State's plan approved under section 5603(c) of the Clean Vessel Act, and for
inland States, proposals for constructing and renovating pumpout and dump stations in accordance with
an inland State's plan;
(d) Proposals that provide for public/private partnership efforts to develop and operate pumpout and
dump stations;

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 7 of 13

(e) Proposals for innovative ways to increase the availability and use of pumpout and dump stations,
e.g., where private parties put in more than the minimum amount;
(f) Proposals that include an education/information component, or the State has an active, ongoing
education program;
(g) Proposals that benefit the waters most likely to be affected by the discharge of sewage from vessels,
including the waters as defined in the technical guidelines as published in theFederal Register; and,
(h) Proposals in areas with high vessel/pumpout or dump station ratios.

Criteria
a. Do a survey/plan
b. Construct w/no plan
c. Construct with plan
d. Partnership
e. Innovative approach
f. Education
g. Sensitive area
h. Low pumpout ratio
Total

Points
Coastal state
Inland state
50
10
20
10
5
5
5
5

5
10
5
2
2
2
2

[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]

§ 85.31 Grant selection.
top
The Fish and Wildlife Service, Division of Federal Aid, will convene a ranking panel of Federal
employees, to include representatives from the Service's Washington Office of the Division of Federal
Aid, the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and
the U.S. Coast Guard, to review, rank, and make funding recommendations to the Director of the Fish
and Wildlife Service. The Director will make the selection of eligible grants by August 1, annually. Upon
selection of a proposal the appropriate Regional Office will advise the successful applicant of additional
documentation requirements.

Subpart D—Conditions on Use/Acceptance of Funds
top

§ 85.40 Cost sharing.
top
(a) The Federal share shall not exceed 75% of total costs approved in the grant agreement.
(b) The provisions of 43 CFR 12.64 apply to cost sharing or matching requirements. Third party in-kind
contributions must be necessary and reasonable to accomplish grant objectives and represent the
current market value of noncash contributions furnished as part of the grant by another public agency,
private organization, or individual.

§ 85.41 Allowable costs.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 8 of 13

top
(a) Allowable grant costs are limited to those costs that are necessary and reasonable for
accomplishment of approved grant objectives and meet the applicable Federal cost principles in 43 CFR
12.60(b). Purchase of informational signs, program signs, and symbols designating pumpout and dump
stations, are allowable costs.
(b) Grants or facilities designed to include purposes other than those eligible under the Act shall have
the costs prorated equitably among the various purposes. Grant funds shall only be used for the part of
the activity related to the Clean Vessel Act.
(c) Costs incurred prior to the effective date of the grant agreement are not allowable with the exception
that preliminary costs are allowed only with the approval of the appropriate Regional Director.
Preliminary costs may include such items as feasibility surveys, engineering design, biological
reconnaissance, appraisals, or preparation of grant documents such as environmental assessments for
compliance with the National Environmental Policy Act.

§ 85.42 Real and personal property.
top
(a) Applicable regulations regarding acquisition, property records, maintenance, and disposal of real
property and equipment are found in 43 CFR 12.71 and 12.72. If questions arise regarding applicability,
the appropriate Regional Office should be contacted.
(b) A State shall ensure that design and installation of the facilities are in accordance with the technical
standards identified in the technical guidelines as published in theFederal Register.
(c) The State must ensure that facilities are operated and maintained, and that structures or related
assets are used for the stated grant purpose.

§ 85.43 Signs and symbols.
top
(a) Signs. Facilities must display appropriate information signs at pumpout and portable toilet dump
stations. Such information should indicate fees, restrictions, hours of operation, operating instructions, a
contact name and 1-800-ASK-FISH telephone number for boaters to get additional information or to
report an inoperable facility.
(b) Pumpout symbol. (1) At appropriate times, to increase public awareness of the Clean Vessel Act
Pumpout Grant Program, use a pumpout symbol according to Service specifications. Use the pumpout
symbol as follows:
(i) As a sign at the entrance to a marina advertising the presence of a pumpout and/or portable toilet
dump station;
(ii) As a directional sign within a marina;
(iii) As a sign at a pumpout and/or portable toilet dump station;
(iv) As a symbol on educational and informational material; and
(v) For other uses as appropriate to advance the purposes of the Clean Vessel Act.
(2) To avoid confusion with having two symbols, use the selected symbol both for pumpout stations and
portable dump stations. The Service encourages the use of this symbol as it is not copyrighted. The
NOAA NOS magenta “P” within a magenta circle will continue to be used on nautical charts to identify
the location of pumpout and portable toilet dump stations. NOAA will include information about the

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 9 of 13

selected pumpout symbol in the U.S. Coast Pilots, a supplement to the charts, to relate this symbol to
the NOAA Nautical Chart magenta “P” and circle.
(3) All recipients identified in §85.11 should display the appropriate pumpout symbol on facilities, such
as pumpout and portable toilet dump stations, or on printed material or other visual representations
relating to project accomplishments or education/information, and should encourage others to do so.
Sub-recipients also should display the symbol and should encourage use by others for the purposes
stated in this paragraph (b)(3).
(4) The Service encourages other persons or organizations, such as marinas with pumpout stations not
constructed with Clean Vessel Act funds, to use the symbol to advance the purposes of the Clean
Vessel Act program.
(5) The following specifications shall apply: The symbol is black, the background is white, and the border
is international orange. There is no standard for the black and white, but use black and white colors, not
shades. The standards for the international orange color is as follows: For day boards (signs), use
retroflective international orange film. For paint, use international orange conforming to FED-STD 595B,
chip number 12197 in daylight conditions. For inks, use Pantone Matching System color chart 179C. In
order to ensure visibility after dark, use reflectorized film or paint, and/or artificial illumination. Pumpout
symbol technical specifications to construct signs and for other purposes are available upon request.
(6) The following rules govern the graphic reproduction of the symbol:
(i) Do not use a smaller than legible symbol.
(ii) If you reduce or enlarge the symbol, maintain the same proportions.
(iii) Do not obscure the symbol by overprinting.
(iv) Do not place the symbol where it will be split by unlike backgrounds.
(v) Do not place the symbol on a background that is highly textured or patterned.
(vi) When appropriate, for economical reasons, depict the symbol in one-color (black) with a white
background, rather than two-color (international orange and black) with white background.
(7) The pumpout symbol follows:

View or download PDF
(c) Qualifying signs. (1) In conjunction with the symbol, you may use other qualifying signs below the
symbol, either on the same sign or on a separate sign.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 10 of 13

(i) You may place the message “PPUMP OUT”, “PPUMPOUT STATION”, “PPORTABLE TOILET DUMP
STATION”, or other appropriate qualifier, beneath the symbol. Place the magenta-colored “P” and circle
in front of the message to relate the pumpout symbol to the NOAA NOS nautical charts. Messages may
be appropriate for several years until the symbol is understood without the message. When appropriate,
substitute a black “P” and circle for economical reasons.
(ii) You may place directional arrows beneath the symbol to indicate the direction of pumpout or portable
toilet dump station facilities.
(2) The following specifications shall apply: Symbols, such as directional arrows, and letters, are black,
and the background is white. For using inks to create the magenta color, use PMS color chart 259U.
Letters and black and white colors shall follow the Federal Highway Administration's Manual on Uniform
Traffic Control Devices for Streets and Highways (MUTCD), FHWA, 1988. The Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, provides for sale copies of the
1988 MUTCD, including Revision No. 3, dated September 3, 1993, Stock No. 050–001–00308–2.
(3) The same rules governing the graphic reproduction of the pumpout symbol, as described in
paragraph (b)(6) of this section, shall apply to qualifying signs.
(d) Pumpout slogan. (1) Use the pumpout slogan according to Service specifications to help increase
boater awareness of the need to use pumpout and dump stations to properly dispose of their boat
sewage. Use the slogan in conjunction with the pumpout symbol, on educational/informational material,
and for other uses as appropriate to advance the purposes of the Clean Vessel Act. The slogan is not
copyrighted, and the Service encourages its appropriate use.
(2) All recipients identified in §85.11 should display the pumpout slogan on facilities, such as pumpout
and portable toilet dump stations as appropriate, and on printed material or other visual representations
relating to project accomplishments or education/information, and should encourage others to do so.
Sub-recipients should display the slogan for purposes as stated above and should encourage others to
do so.
(3) The Service encourages other persons or organizations, such as marinas with pumpout stations not
constructed with Clean Vessel Act funds, to use the slogan to advance the purposes of the Clean Vessel
Act program.
(4) The following specifications shall apply: Letters are black and background is white. The same
reference under specifications for Qualifying Signs in paragraph (c)(2) of this section shall apply.
(5) The same rules governing the graphic reproduction of the pumpout symbol, as described in
paragraph (b)(6) of this section, shall apply to the pumpout slogan.
(6) The pumpout slogan follows:
KEEP OUR WATER CLEAN—USE PUMPOUTS
(e) All information signs, pumpout symbol, qualifying signs, and pumpout slogan identified in this section
and the crediting logo identified in §85.47, inform and educate boaters. Therefore, use the signs,
symbol, slogan and logo as appropriate. For instance, a sign on the water directing boaters to a
pumpout may only need the pumpout symbol, and a qualifying sign beneath, e.g., an arrow, and
possibly the words “PUMPOUT STATION”. For pumpout and dump stations, the pumpout symbol,
slogan, information signs, including all information in paragraph (a) of this section, and the crediting and
State logo may be appropriate. If desirable, add qualifying signs. Position a legible sign, symbol and
logo either on the pumpout/dump station, on a separate sign, or both, for the greatest effect in informing
and educating boaters. For other products such as print and video public service announcements,
brochures, etc., the placement of symbols, etc. depends on space availability. The following order of
priority dictates the order of use under limited space conditions: the pumpout symbol, slogan, 1-800ASK-FISH telephone number and Sport Fish Restoration crediting logo. Add other information as
appropriate. Use judgement when placing information on signs so as not to confuse the reader. Display
the symbol, logo, slogan and information signs in the appropriate locations. To reduce wind drag when
bolting signs on pilings, it was found helpful in the Northeast to make signs taller than wider. Symbol or
logo size may vary. However, if you reduce or enlarge the symbol, maintain the same proportions.
[62 FR 45348, Aug. 27, 1997]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 11 of 13

§ 85.44 Fee charges for use of facilities.
top
A maximum of a $5.00 fee may be charged, with no justification, for use of pumpout facilities
constructed, operated or maintained with grant funds. If higher fees are charged, they must be justified
before the proposal can be approved. Such proceeds shall be retained, accounted for, and used by the
operator to defray operation and maintenance costs as long as the facility is needed and it serves its
intended purpose. The maximum fee shall be evaluated for inflation, etc., each year.

§ 85.45 Public access to facilities and maintenance.
top
All recreational vessels must have access to pumpout and dump stations funded under this grant
program. Facilities shall be operated, maintained, and continue to be reasonably accessible to all
recreational vessels for the full period of their useful life.

§ 85.46 Survey and plan standards.
top
(a) Survey standards. (1) Surveys should be conducted according to the technical guidelines as
published in theFederal Register.
(2) Surveys may be conducted Statewide, if necessary, to obtain information on boats using the coastal
zone.
(b) Plan standards. Plans should be developed according to the technical guidelines as published in
theFederal Register.

§ 85.47 Program crediting.
top
(a) Crediting logo. As the source of funding for Clean Vessel Act facilities, the Sport Fish Restoration
program should get credit through use of the Sport Fish Restoration logo. Grant recipients may us the
crediting logo identified in 50 CFR 80.26 to identify projects funded by the Clean Vessel Act. The Sport
Fish Restoration logo follows:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 12 of 13

View or download PDF
(b) Recipient logo display. Grant recipients are authorized to display the Sport Fish Restoration logo.
Section 85.11 identifies recipients eligible to display the appropriate logo according to 50 CFR 80.26.
Display includes on pumpout and portable toilet dump stations that grantees acquire, develop, operate
or maintain by these grants, or on printed material or other visual representations relating to project
accomplishments or education/information. Display the logo in the appropriate location, according to
§85.43(e). Symbol or logo size may vary. However, if your reduce or enlarge the symbol, maintain the
same proportions. Recipients may require sub-recipients to display the logo.
(c) Other display of logo. Other persons or organizations may use the logo for purposes related to the
Federal Aid Clean Vessel Act program as authorized in 50 CFR 80.26.
(d) Crediting language. Suggested examples of language to use when crediting the Clean Vessel Act
follow:
(1) Example 1. The Sport Fish Restoration Program funded this pumpout facility through your purchase
of fishing equipment and motorboat fuels.
(2) Example 2. The Sport Fish Restoration Program funded this construction through your purchase of
fishing equipment and motorboat fuels.
(3) Example 3. The Sport Fish Restoration Program funded the production of this pamphlet through your
purchase of fishing equipment and motorboat fuels.
(e) Logo colors. Option 1 in paragraph (e)(1) of this section describes the preferred logo colors. Use
Options 2 or 3 in paragraph (e)(2) or (e)(3) of this section when necessary or to reduce costs. Do not
attempt to match these Pantone Matching Systems (PMS) colors with combinations of screened process
colors.
(1) Option 1. When printed 100 percent on a white background, use PMS 348.
(2) Option 2. When using four-color process printing, print the symbol in 100 percent black on a white
background.
(3) Option 3. When it is not possible to follow the specifications of Options 1 or 2 in paragraph (e)(1) or
(e)(2) of this section, print the logo in any 100 percent solid dark color on a contrasting light background.
[62 FR 45350, Aug. 27, 1997]

§ 85.48 Compliance with Federal laws, regulations, and policies.
top
(a) In accepting Federal funds, State representatives must agree to and certify compliance with all
applicable Federal laws, regulations, and policies. This is done by submitting an assurances statement
that describes the compliance requirements for Federal grants.
(b) Compliance with environmental and other laws, as defined in Service Manual 523 FW Chapter 1,
may require additional documentation. Consult with Regional Offices for specific applicability.
(c) For method of payment, refer to 43 CFR part 12, 31 CFR part 205, and any other regulations
referenced in these parts.
Browse Previous | Browse Next

For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 13 of 13

Section 508 / Accessibility

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009