---
kind: "section"
citation: "50 C.F.R. § 86.13"
title: "50"
number: "86.13"
heading: "What operational and design features must a facility have where a BIG-funded facility is located?"
url: "https://uscodex.org/cfr/50/86.13"
---

# §86.13. What operational and design features must a facility have where a BIG-funded facility is located?

- (a) **At project completion, a facility where a BIG-funded facility is located must—**
  - (1) Be open to eligible users and operated and maintained for its intended purpose for its useful life;
  - (2) Clearly designate eligible uses and inform the public of restrictions;
  - (3) Offer security, safety, and service for eligible users and vessels;
  - (4) Be accessible by eligible vessels on navigable waters;
  - (5) Allow public access as described at [§ 86.92](/cfr/50/86.92.md);
  - (6) Have docking or mooring sites with water access at least 6 feet deep at the lowest tide or fluctuation, unless the facility qualifies under [paragraph (c)](#c) of this section; and
  - (7) **Have an operational pumpout station if—**
    - (i) Eligible vessels stay overnight; and
    - (ii) Available pumpout service is not located within 2 nautical miles; or
    - (iii) **State or local laws require one on site.**
- (b) We will waive the pumpout requirement if you show in the grant application the inability to install a pumpout.
  - (1) We will review your request and will grant the waiver if you present circumstances that show:
    - (i) A hardship due to lack of utilities or other difficult obstacles, such as a BIG-funded facility on an island with no power or a remote location where the equipment cannot be serviced or maintained regularly;
    - (ii) State or local law does not allow septic-waste disposal facilities at the location;
    - (iii) You are in the process of applying for a CVA grant for the same award year as the BIG grant to install a pumpout station as part of the BIG-funded facility; or
    - (iv) You have received a CVA grant and will install a pumpout station as part of the BIG-funded facility on or before the time the BIG-funded facility is completed.
  - (2) When we waive the pumpout requirement, the BIG-funded facility must inform boaters:
    - (i) They are required to properly treat or dispose of septic waste; and
    - (ii) Where they can find information that will direct them to nearby pumpout stations.
  - (3) If we deny your request, we will follow the process described in the annual NOFO.
  - (4) If you seek an allowance based on this paragraph, you must include supporting information in the grant application as described at [§ 86.43(n)(1)](/cfr/50/86.43.md?p=n-1).
- (c) We will allow water access at a depth less than 6 feet if you can show that the BIG-funded facility will serve its intended purpose for typical eligible users that visit that location.
- (d) Any of these design features may already be part of the facility, or be funded through another source, and need not be included as part of the BIG project.

## Notes

### Authority

Authority: 16 U.S.C. 777c, g, and g-1.

### Source

Source: 80 FR 26161, May 6, 2015, unless otherwise noted.