[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Proposed Rules]
[Pages 24523-24529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9785]



[[Page 24523]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 80

[FWS-R9-WSR-2008-0035; 91400-5110-0000-7B]
RIN 1018-AV99


Financial Assistance: Wildlife Restoration, Sport Fish 
Restoration, Hunter Education and Safety

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, propose changes in the 
regulations governing the Wildlife Restoration, Sport Fish Restoration, 
and Hunter Education and Safety financial assistance programs. We 
propose to (a) address changes in law, and regulation; (b) clarify 
rules on license certification to address a greater number of licensing 
choices that States have offered hunters and anglers; (c) delete 
provisions on audits and records that are addressed in other 
regulations broadly applicable to financial assistance programs managed 
by the Department of the Interior; and (d) reword the regulations to 
make them easier to understand. The proposed changes would improve the 
regulations by making them more current and clear.

DATES: We will accept comments received or postmarked on or before June 
4, 2008.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AV99; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Joyce Johnson, Wildlife and Sport Fish 
Restoration Program, Division of Policy and Programs, U.S. Fish and 
Wildlife Service, 703-358-2156.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of the Interior's (DOI) Fish and Wildlife 
Service (Service) manages 38 financial assistance programs, 14 of which 
are managed, in whole or in part, by the Service's Wildlife and Sport 
Fish Restoration activity (WSFR). This proposed rule will revise title 
50, part 80, of the Code of Federal Regulations (CFR), which contains 
the regulations that govern three WSFR programs: Wildlife Restoration, 
Sport Fish Restoration, and Hunter Education and Safety. The Sport Fish 
Restoration program includes freshwater and marine fisheries, aquatic 
resource education, and boat access programs. These programs provide 
financial assistance to the fish and wildlife agencies of States and 
other eligible jurisdictions to manage fish and wildlife and provide 
hunter education and safety programs. The Catalog of Federal Domestic 
Assistance at http://www.cfda.gov describes these programs under 
15.611, 15.605, and 15.626.
    The Federal Aid in Wildlife Restoration Act of September 2, 1937, 
and the Federal Aid in Sport Fish Restoration Act of August 9, 1950, as 
amended, established the programs affected by this proposed rule. These 
acts are more commonly known as the Pittman-Robertson Wildlife 
Restoration Act (50 Stat. 917; 16 U.S.C. 669-669k) and the Dingell-
Johnson Sport Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777-777n). 
They established a user-pay and user-benefit system in which the fish 
and wildlife agencies of the States, Commonwealths, and territories 
receive formula-based funding from a continuing appropriation. The 
District of Columbia also receives such funding, but only for managing 
fish resources. Industry partners pay taxes on equipment and gear 
manufactured for purchase by hunters, anglers, boaters, archers, and 
recreational shooters. The Service then distributes those funds to the 
fish and wildlife agencies of States and other eligible jurisdictions. 
States must match these Federal funds by providing a 25-percent cost 
share. In fiscal year 2008, the States and other eligible jurisdictions 
received $310 million through the Wildlife Restoration and Hunter 
Education and Safety programs and $398 million through the Sport Fish 
Restoration program.
    The Service revised two sections of 50 CFR 80 in 2001, but we have 
not systematically reviewed other sections for revision since the 
1980's. Consequently, some provisions do not reflect:
    (a) The promulgation in 1988 of 43 CFR part 12, subpart C ``Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments'';
    (b) The Transportation Equity Act for the 21st Century in 1998, 
which raised the minimum level of spending for boating access in the 
Sport Fish Restoration program from 10 to 15 percent; and
    (c) The Presidential memorandum of June 1, 1998, that required the 
use of plain language in Government writing.
    In addition, we must clarify 50 CFR 80.10 on certification of 
hunting and fishing licenses to address the greater number of licensing 
choices that some States and other jurisdictions have offered hunters 
and anglers in recent years.

Updates to the Regulations

    We propose to update and revise the regulations at 50 CFR part 80 
to reflect a 2000 amendment of the legal authority that established the 
affected program. More specifically, we propose to change the names of 
the Federal Aid in Wildlife Restoration Act of September 2, 1937, and 
the Federal Aid in Sport Fish Restoration Act of August 9, 1950, to the 
Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson 
Sport Fish Restoration Act. We propose to change the name of the 
activities associated with the management of the affected financial 
assistance programs from ``Federal Aid'' to ``Wildlife and Sport Fish 
Restoration Program.'' We also propose to update the U.S. Code 
citations in 50 CFR 80.1 for the Pittman-Robertson Wildlife Restoration 
Act and Dingell-Johnson Sport Fish Restoration Act. The proposed 
changes above will make 50 CFR part 80 consistent with the Wildlife and 
Sport Fish Restoration Improvement Act of 2000.
    We propose to make nonsubstantive administrative changes in 50 CFR 
part 80 to ensure that its provisions accurately reflect law and 
regulation to implement changes that have occurred in these areas over 
the past 20 years. We would replace the reference in Sec.  80.14 to 
Office of Management and Budget (OMB) Circular A-102's Attachment N 
with 43 CFR 12.71 and 12.932 as a source of guidance on the use and 
disposition of unneeded real property.
    The provisions of Sec.  80.19 on records and Sec.  80.22 on audits 
also refer to subject matter that was in the 1971 version of A-102. We 
would delete all the contents of these sections because 43 CFR 12.82 
and 12.66 are applicable to the affected programs, and they address 
these subjects adequately.
    We propose to delete the definition and references to the ``Federal 
Aid Manual'' in Sec.  80.1 and Sec.  80.11 because the ``Federal Aid 
Manual'' is a compendium of the Director's instructions to his or her 
employees and

[[Page 24524]]

not appropriate for regulations, which are directed toward and have 
impacts on the public. We propose to delete references to the Standard 
Forms (SF) 271 and 269B and add SF 269 in Sec.  80.27 to reflect the 
forms approved by OMB. We propose to delete Sec.  80.27(d) because the 
form required by that paragraph, a grant agreement, is no longer valid. 
We also deleted the estimates of the time required to fill out the 
forms because such specific information that will change over time is 
not appropriate for regulations.
    We propose to change ``aquatic education'' to ``aquatic resource 
education'' in Sec.  80.15 to reflect more accurately the language of 
the Dingell-Johnson Sport Fish Restoration Act. We will apply plain 
language principles to those provisions where we have to change or 
clarify the content of the regulations. This conversion to plain 
language will make the affected provisions clearer as well as comply 
with the Service's plain language policy. More specifically, we will 
replace words that are susceptible to different meanings with words 
that are more precise, e.g., we propose to change ``shall'' to 
``must.'' We will refer to the territories, Commonwealths, and the 
District of Columbia in a consistent way throughout 50 CFR 80. Finally, 
we will alphabetize definitions in Sec.  80.1 for ease of reference and 
to conform to policy of the Office of the Federal Register.

Clarifying the Requirements

    We propose to make administrative changes in 50 CFR part 80 to 
ensure that the process for certifying the number of hunter and angler 
licenses provides accurate data that are comparable among the States 
(``States'' include Commonwealths, territories, and the District of 
Columbia in the context of license certification.). This proposed 
change is important because we apportion funds to the States based in 
part on the numbers of these licenses. We need to clarify this process 
because, as States offered more licensing options, they began to use 
different approaches in counting the individuals who purchased 
licenses. We propose several changes to resolve this problem. We would 
clarify the 12-month period during which a State-identified license 
year must end. We would also establish a common approach for States to 
assign single-year license holders to a license year. Under this 
approach, States would assign single-year license holders only to the 
period in which they purchased the license instead of having the option 
of assigning them to the period in which their licenses are valid. 
Finally, we would clarify that, under certain conditions, States may 
assign a person who purchases a multiyear license to each license 
period in which the license is valid.
    We propose to add the territory of American Samoa to the 
jurisdictions in Sec.  80.2(b) that are eligible to participate in the 
benefits of the Pittman-Robertson Wildlife Restoration Act. This is 
consistent with sections 4(c) and 8(a) of the Pittman-Robertson 
Wildlife Restoration Act.
    We propose to add the District of Columbia to the list of 
jurisdictions in Sec.  80.12 for which the non-Federal cost sharing 
must not exceed 25 percent. This change is consistent with section 12 
of the Dingell-Johnson Sport Fish Restoration Act.
    We propose to increase the minimum expenditure of Sport Fish 
Restoration apportioned dollars for recreational boating access 
facilities in Sec.  80.24 from ``10 per centum'' to ``15 percent.'' 
This change would reflect an amendment of the Dingell-Johnson Sport 
Fish Restoration Act that was in the 1998 Transportation Equity Act for 
the 21st Century. By increasing the percentage consistent with the 1998 
act, we would also change ``per centum'' to its modern counterpart 
``percent.''
    Finally, we propose to add a provision at Sec.  80.28 that allows 
the Director to authorize exceptions to any provisions of 50 CFR part 
80 that are not explicitly required by law. This proposal recognizes 
that at some point in the future, natural catastrophes or other extreme 
situations may justify exceptions to some provisions of 50 CFR part 80.

Public Comments

    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section. We will not accept anonymous comments; your 
comment must include your first and last name, city, State, country, 
and postal (zip) code. Finally, we will not consider hand-delivered 
comments that we do not receive, or mailed comments that are not 
postmarked, by the date specified in the DATES section.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal information in addition to the required items specified above, 
such as your street address, phone number, or e-mail address, you may 
request at the top of your document that we withhold this information 
from public review. However, we cannot guarantee that we will be able 
to do so. We will post all hardcopy comments on http://www.regulations.gov.
    We are opening a comment period of only 30 days because we believe 
that this amount of time will be sufficient for several reasons: (a) 
The proposed changes are primarily administrative and nonsubstantive, 
(b) the affected entities are aware of our intention to propose these 
changes to improve the regulations, (c) the general public is basically 
unaffected by these regulations, and (d) no benefit to the public would 
result from offering a longer comment period and extending the overall 
timeframe for this rulemaking.

Required Determinations

Clarity of This Regulation

    Executive Order (E.O.) 12866 requires each agency to write 
regulations that are easy to understand. We invite your comments on how 
to make this rule easier to understand, including answers to questions 
such as the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the rule (e.g., grouping, order of sections, 
use of headings, and paragraphing) aid or reduce its clarity?
    (4) Would the rule be easier to understand if it were divided into 
more (but shorter) sections? (A ``section'' appears in bold type and is 
preceded by the symbol Sec.  and a numbered heading; for example: 
``Sec.  80.15 Allowable costs.'')
    (5) Does the description of the rule in the ``Supplementary 
Information'' section of the preamble help you to understand the 
proposed rule? What else could we do to make the rule easier to 
understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You also may e-mail comments to [email protected].

Regulatory Planning and Review (Executive Order 12866)

    OMB has determined that this rule is not significant and has not 
reviewed this rule under Executive Order 12866 (E.O. 12866). OMB bases 
its determination upon the following four criteria:

[[Page 24525]]

    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effect of the rule on small entities, i.e., 
small businesses, small organizations, and small government 
jurisdictions. However, no regulatory flexibility analysis is required 
if the head of an agency certifies the rule would not have a 
significant economic impact on a substantial number of small entities.
    SBREFA amended the Regulatory Flexibility Act to require Federal 
agencies to provide the statement of the factual basis for certifying 
that a rule would not have a significant economic impact on a 
substantial number of small entities. We have examined this proposed 
rule's potential effects on small entities as required by the 
Regulatory Flexibility Act and have determined that this action would 
not have a significant economic impact on small entities because the 
changes we are proposing are intended to: (a) Address changes in law 
and regulation; (b) clarify rules on license certification to address a 
greater number of licensing choices that States and other jurisdictions 
have offered hunters and anglers; (c) delete provisions on audits and 
records that are addressed in other regulations; and (d) reword the 
regulations to make them easier to understand. No costs are associated 
with this regulatory change. Consequently, we certify that because this 
proposed rule would not have a significant economic effect on a 
substantial number of small entities, a regulatory flexibility analysis 
is not required.
    This proposed rule is not a major rule under SBREFA (5 U.S.C. 
804(2)). It would not have a significant impact on a substantial number 
of small entities.
    a. This proposed rule would not have an annual effect on the 
economy of $100 million or more.
    b. This proposed rule would not cause a major increase in costs or 
prices for consumers; individual industries; Federal, State, or local 
government agencies; or geographic regions.
    c. This proposed rule would not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we have determined the following:
    a. This proposed rule would not ``significantly or uniquely'' 
affect small governments. A small government agency plan is not 
required. The programs governed by the current regulations assist small 
governments financially, and the proposed rule would simply improve 
these regulations.
    b. This proposed rule would not produce a Federal mandate of $100 
million or greater in any year, i.e., it is not a ``significant 
regulatory action'' under the Unfunded Mandates Reform Act.

Takings

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications because it would not contain a 
provision for taking of private property. Therefore, a takings 
implication assessment is not required.

Federalism

    This proposed rule would not have sufficient Federalism effects to 
warrant preparation of a Federalism assessment under E.O. 13132. It 
would not interfere with the States' ability to manage themselves or 
their funds. We work closely with the States in administration of these 
programs. The proposed rule will benefit recipients in three grant 
programs by establishing a common approach and clarifying the rules 
applicable to grant recipients' legally required annual certification 
of the number of hunters and anglers who purchased licenses.

Civil Justice Reform

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the rule would not unduly burden the judicial system 
and meets the requirements of sections 3(a) and 3(b) (2) of the Order. 
The proposed rule will also benefit grantees by eliminating unnecessary 
or outdated elements of the regulations governing the affected programs 
and by making the regulations easier to understand.

Paperwork Reduction Act

    We examined the proposed rule under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.). We may not collect or sponsor, nor is a person 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The proposed rule will clarify 50 
CFR 80.10, which requires States to submit information on the number of 
persons holding hunting and fishing licenses. On January 25, 2007, OMB 
approved our collection of information from States based on the 
requirements of 50 CFR 80.10. OMB approved this information collection 
on forms FWS 3-154a and 3-154b under control number 1018-0007. The 
proposed rule does not change the information items required on forms 
FWS 3-154a and 3-154b. It merely establishes a common approach for 
States to assign license holders to a license year for purposes of the 
information collection. The proposed rule will also remove outdated 
information in 50 CFR 80.27.

National Environmental Policy Act

    We have analyzed this rule in accordance with the National 
Environmental Policy Act, 42 U.S.C. 432-437(f) and part 516 of the 
Departmental Manual. This rule does not constitute a major Federal 
action significantly affecting the quality of the human environment. An 
environmental impact statement/assessment is not required due to the 
categorical exclusion for administrative changes provided at 516 DM 2, 
Appendix 1, section 1.10.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have 
evaluated potential effects on federally recognized Indian Tribes and 
have determined that there are no potential effects. This proposed rule 
would not interfere with the Tribes' ability to manage themselves or 
their funds.

Energy Supply, Distribution, or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 addressing 
regulations that

[[Page 24526]]

significantly affect energy supply, distribution, and use. E.O. 13211 
requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. This rule is not a significant regulatory 
action under E.O. 12866, and would not significantly affect energy 
supplies, distribution, or use. Therefore, this action is not a 
significant energy action and no Statement of Energy Effects is 
required.

Author

    The author of this rulemaking is Tom McCoy, U.S. Fish and Wildlife 
Service, Wildlife and Sport Fish Restoration Program, 4401 North 
Fairfax Drive, WSFR-4020, Arlington, VA 22203-1610.

List of Subjects in 50 CFR Part 80

    Fish, Grant programs--natural resources, Reporting and 
recordkeeping requirements, Signs and symbols, Wildlife.

Proposed Regulation Promulgation

    For the reasons stated in the preamble, we propose to amend part 80 
of subchapter F, chapter I, title 50 of the Code of Federal 
Regulations, as follows:

SUBCHAPTER F--FINANCIAL ASSISTANCE--WILDLIFE AND SPORT FISH RESTORATION 
PROGRAM

    1. Revise the heading of subchapter F to read as set forth above.

PART 80--ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE 
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS

    2. The authority citation for part 80 is revised to read as 
follows:

    Authority: 16 U.S.C. 777-777n; 16 U.S.C. 669-669k; 18 U.S.C. 
701.

    3. Revise the heading of part 80 to read as set forth above.
    4. Revise Sec.  80.1 to read as follows:


Sec.  80.1  Definitions.

    As used in this part, the following terms have these meanings:
    Common horsepower. Any size motor that can be reasonably 
accommodated on the body of water slated for development.
    Comprehensive fish and wildlife management plan. A document 
describing the State's plan for meeting the long-range needs of the 
public for fish and wildlife resources, and the system for managing the 
plan.
    Director. The Director of the U.S. Fish and Wildlife Service 
(Service), or his or her designated representative. The Director serves 
as the Secretary's representative in matters relating to the 
administration and execution of the Wildlife and Sport Fish Restoration 
Acts.
    Project. One or more related undertakings necessary to fulfill a 
need or needs, as defined by the State, and consistent with the 
purposes of the appropriate Act.
    Regional Director. The regional director of any region of the 
Service, or his or her designated representative.
    Resident angler. One who fishes within the same State where legal 
residence is maintained.
    Resident hunter. One who hunts within the same State where legal 
residence is maintained.
    Secretary. The Secretary of the Interior or his or her designated 
representative.
    State. Any State of the United States and the Commonwealths of 
Puerto Rico and the Northern Mariana Islands, the District of Columbia, 
and the territories of Guam, the U.S. Virgin Islands, and American 
Samoa. References to ``the 50 States'' pertain only to the 50 States of 
the United States and do not include these other six areas.
    State fish and wildlife agency. The agency or official of a State 
designated under State law or regulation to carry out the laws of the 
State in relation to the management of fish and wildlife resources of 
the State. Such an agency or official also designated to exercise 
collateral responsibilities, e.g., a State Department of Natural 
Resources, will be considered the State fish and wildlife agency only 
when exercising the responsibilities specific to the management of the 
fish and wildlife resources of the State.
    Wildlife and Sport Fish Restoration Acts or the Acts. Pittman-
Robertson Wildlife Restoration Act of September 2, 1937, as amended (50 
Stat. 917; 16 U.S.C. 669-669k), and the Dingell-Johnson Sport Fish 
Restoration Act of August 9, 1950, as amended (64 Stat. 430; 16 U.S.C. 
777-777n).
    Wildlife and Sport Fish Restoration Program Funds. Funds provided 
under the Acts.
    5. Amend Sec.  80.2 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  80.2  Eligibility.

* * * * *
    (a) Dingell-Johnson Sport Fish Restoration--Any of the States as 
defined in Sec.  80.1.
    (b) Pittman-Robertson Wildlife Restoration--Any of the States as 
defined in Sec.  80.1, except the District of Columbia.


Sec.  80.4  [Amended]

    6. Amend paragraph (a)(4) of Sec.  80.4 by removing the words 
``Federal Aid project'' and adding in their place the word ``Project''.


Sec.  80.5  [Amended]

    7. Amend Sec.  80.5 by:
    a. In paragraph (a), removing the words ``Federal Aid in'' and 
adding in their place the words ``Pittman-Robertson''; and
    b. In paragraph (b), removing the words ``Federal Aid in'' and 
adding in their place the words ``Dingell-Johnson''.


Sec.  80.9  [Amended]

    8. Amend paragraph (b) of Sec.  80.9 by removing the words 
``Federal Aid'' and adding in their place the words ``Wildlife and 
Sport Fish Restoration Program''.
    9. Revise Sec.  80.10 to read as follows:


Sec.  80.10  State Certification of Licenses.

    (a) To ensure proper apportionment of Federal funds, the Service 
requires that each director of a State fish and wildlife agency:
    (1) Specify an accounting period that
    (i) Is 12 consecutive months in length;
    (ii) Corresponds with or includes the State's fiscal year or 
license year; and
    (iii) Ends no less than 1 year and no more than 2 years before the 
beginning of the Federal fiscal year that the apportioned funds first 
become available for expenditure; and
    (2) Annually provide to the Service the following data:
    (i) The number of people in that State who, during the State-
specified period established in paragraph (a)(1) of this section, hold 
purchased licenses that authorize an individual to hunt in the State; 
and
    (ii) The number of people in that State who, during the State-
specified period established in paragraph (a)(1) of this section, hold 
purchased licenses that authorize an individual to fish in the State.
    (b) When counting people holding purchased hunting or fishing 
licenses in a State-specified 12-month period, a State fish and 
wildlife agency must abide by the following requirements:
    (1) The State may count all persons who possess a purchased license 
that allows the licensee to hunt or fish for sport or recreation. The 
State may not count persons holding a license that allows the licensee 
to trap animals or engage in commercial activities.
    (2) The State may count only those persons who possess a license 
that produced net revenue, which is an amount of at least $1.00 per 
year

[[Page 24527]]

returned to the State fish and wildlife agency after deducting agents' 
or sellers' fees and the cost of printing, distribution, control, or 
other costs directly associated with issuance of the license.
    (3) The State may count persons possessing a single-year license 
(one that is valid for less than 2 years) only in the State-specified 
12-month period in which the license was purchased.
    (4) The State may count persons possessing a multiyear license (one 
that is valid for 2 years or more) in each State-specified 12-month 
period in which the license is valid, whether the period of validity is 
a specific or indeterminate number of years, only if:
    (i) The licensee is required to have a purchased license to fish or 
hunt anywhere in the State during the State-specified 12-month period;
    (ii) The net revenue from the license is commensurate with the 
number of years in which both the license is valid and the licensee is 
required to have a purchased license to fish or hunt anywhere in the 
State; and
    (iii) The State fish and wildlife agency uses statistical sampling 
or other appropriate techniques to determine whether the licensee 
remains a license holder and is required to have a purchased license to 
fish or hunt anywhere in the State in the State-specified 12-month 
period.
    (5) The State may count persons possessing a combination license 
(one that permits the licensee to both hunt and fish) with both
    (i) The number of people who hold purchased hunting licenses in the 
State-specified 12-month period and
    (ii) The number of people who hold purchased fishing licenses 
during the same State-specified 12-month period.
    (6) The State may count persons possessing multiple hunting or 
fishing licenses (in States that require or permit more than one 
license to hunt or more than one license to fish) only once with
    (i) The number of people who hold purchased hunting licenses in the 
State-specified 12-month period and
    (ii) The number of people who hold purchased fishing licenses 
during the same State-specified 12-month period.
    (c) The director of the State fish and wildlife agency must certify 
the information required in paragraphs (a) and (b) of this section, 
and, if the Director requests it, provide documentation to support the 
accuracy of this information. The director of the State fish and 
wildlife agency is responsible for eliminating multiple counting of 
single individuals in the information that he or she certifies and may 
use statistical sampling or other appropriate techniques for this 
purpose.
    (d) The director of the State fish and wildlife agency must provide 
the certified information required in paragraphs (a) and (b) of this 
section to the Service by the date and in the format that the Director 
specifies.
    (e) Once the Director approves the certified information required 
in paragraphs (a) and (b) of this section, the Service must not adjust 
the numbers if such adjustment would adversely impact any apportionment 
of funds to a State fish and wildlife agency other than the State fish 
and wildlife agency whose certified numbers are being adjusted.
    10. Revise Sec.  80.11 to read as follows:


Sec.  80.11  Submission of proposals.

    A State may apply to use funds apportioned under the Acts by 
submitting to the Regional Director either a comprehensive fish and 
wildlife management plan or grant proposal.
    (a) Each application must contain such information as the Regional 
Director may require to determine if the proposed activities are in 
accordance with the Acts and the provisions of this part.
    (b) The State must submit each application and amendments of scope 
to the State Clearinghouse as required by Office of Management and 
Budget (OMB) Circular A-95 and by State Clearinghouse requirements.
    (c) Applications must be signed by the director of the State fish 
and wildlife agency or an official delegated to exercise the authority 
and responsibilities of the State director in committing the State to 
participate under the Acts. The director of each State fish and 
wildlife agency must notify the Regional Director, in writing, of the 
official(s) authorized to sign the Wildlife and Sport Fish Restoration 
Program documents, and any changes in such authorizations.
    11. Amend Sec.  80.12 by revising the introductory text and 
paragraph (b) to read as follows:


Sec.  80.12  Cost sharing.

    Federal participation is limited to 75 percent of eligible costs 
incurred in the completion of approved work or the Federal share 
specified in the grant, whichever is less, except that the non-Federal 
cost sharing for the Commonwealths of Puerto Rico and the Northern 
Mariana Islands, the District of Columbia, and the territories of Guam, 
the U.S. Virgin Islands, and American Samoa must not exceed 25 percent 
and may be waived at the discretion of the Regional Director.
* * * * *
    (b) The non-Federal share of project costs may be in the form of 
cash or in-kind contributions.
* * * * *
    12. Revise Sec.  80.14 to read as follows:


Sec.  80.14  Application of Wildlife and Sport Fish Restoration Program 
funds.

    (a) States must apply Wildlife and Sport Fish Restoration Program 
funds only to activities or purposes approved by the Regional Director. 
If otherwise applied, such funds must be replaced or the State becomes 
ineligible to participate.
    (b) Real property acquired or constructed with Wildlife and Sport 
Fish Restoration Program funds must continue to serve the purpose for 
which acquired or constructed.
    (1) When such property passes from management control of the State 
fish and wildlife agency, the control must be fully restored to the 
State fish and wildlife agency or the real property must be replaced 
using non-Federal funds. Replacement property must be of equal value at 
current market prices and with equal benefits as the original property. 
The State may have up to 3 years from the date of notification by the 
Regional Director to acquire replacement property before becoming 
ineligible.
    (2) When such property is used for purposes that interfere with the 
accomplishment of approved purposes, the violating activities must 
cease and any adverse effects resulting must be remedied.
    (3) When such property is no longer needed or useful for its 
original purpose, and with prior approval of the Regional Director, the 
property must be used or disposed of as provided by 43 CFR 12.71 or 43 
CFR 12.932.
    (c) Wildlife and Sport Fish Restoration Program funds cannot be 
used for the purpose of producing income. However, income-producing 
activities incidental to accomplishment of approved purposes are 
allowable. Income derived from such activities must be accounted for in 
the project records and disposed of as directed by the Director.
    13. Amend Sec.  80.15 by revising paragraphs (c), (d), and (f) to 
read as follows:


Sec.  80.15  Allowable costs.

* * * * *
    (c ) Are costs allowable if they are incurred prior to the date of 
the grant? Costs incurred prior to the effective date of the grant are 
allowable only when specifically provided for in the grant.
    (d) How are costs allocated in multipurpose projects or facilities?

[[Page 24528]]

Projects or facilities designed to include purposes other than those 
eligible under either the Dingell-Johnson Sport Fish Restoration or 
Pittman-Robertson Wildlife Restoration Acts must provide for the 
allocation of costs among the various purposes. The method used to 
allocate costs must produce an equitable distribution of costs based on 
the relative uses or benefits provided.
* * * * *
    (f) How much money may be obligated for aquatic resource education 
and outreach and communications? (1) Each of the 50 States may spend no 
more than 15 percent of the annual amount apportioned to it under the 
provisions of the Dingell-Johnson Sport Fish Restoration Act for an 
aquatic resource education and outreach and communications program for 
the purpose of increasing public understanding of the Nation's water 
resources and associated aquatic life forms.
    (2) The Commonwealths of Puerto Rico and the Northern Mariana 
Islands, the District of Columbia, and the territories of Guam, the 
U.S. Virgin Islands, and American Samoa are not limited to the 15-
percent cap imposed on the 50 States. Each of these entities may spend 
more for these purposes with the approval of the appropriate Regional 
Director.


Sec.  80.16  Payments.

    14. Amend Sec.  80.16 by:
    a. Revising the section heading as set forth above;
    b. Removing the word ``shall'' wherever it appears and adding in 
its place the word ``must''; and
    c. Removing the words ``regional director'' and ``region director'' 
wherever they appear and adding in their place the words ``Regional 
Director''.
    15. Revise Sec.  80.17 to read as follows:


Sec.  80.17  Maintenance.

    The State is responsible for maintenance of all capital 
improvements acquired or constructed with Wildlife and Sport Fish 
Restoration Program funds throughout the useful life of each 
improvement. Costs for such maintenance are allowable when provided for 
in approved projects. The maintenance of improvements acquired or 
constructed with funds other than funds from the Wildlife and Sport 
Fish Restoration Program are allowable costs when such improvements are 
necessary for accomplishment of project purposes as approved by the 
Regional Director, and when such costs are otherwise allowable by law.


Sec.  80.19  [Removed]

    16. Remove and reserve Sec.  80.19.


Sec.  80.20  [Amended]

    17. Amend Sec.  80.20 by removing the words ``Federal Aid'' and 
adding in their place the words ``Wildlife and Sport Fish Restoration 
Program''.


Sec.  80.22  [Removed]

    18. Remove and reserve Sec.  80.22.
    19. Amend Sec.  80.23 by revising paragraphs (a) introductory text 
and (a)(1) to read as follows:


Sec.  80.23  Allocation of funds between marine and freshwater fishery 
projects.

    (a) Each coastal State, to the extent practicable, must equitably 
allocate those funds specified by the Secretary, in the apportionment 
of the Dingell-Johnson Sport Fish Restoration funds, between projects 
having recreational benefits for marine fisheries and projects having 
recreational benefits for freshwater fisheries.
    (1) Coastal States are: Alabama, Alaska, California, Connecticut, 
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, 
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North 
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and 
Washington; the territories of Guam, the U.S. Virgin Islands, and 
American Samoa; and the Commonwealths of Puerto Rico and the Northern 
Mariana Islands.
* * * * *
    20. Revise Sec.  80.24 to read as follows:


Sec.  80.24  Recreational boating access facilities.

    The State must allocate at least 15 percent of each annual 
apportionment under the Dingell-Johnson Sport Fish Restoration Act for 
recreational boating access facilities. All facilities constructed, 
acquired, developed, renovated, or maintained (including existing 
structures for which maintenance is provided) must be for providing 
additional, improved, or safer access of public waters for boating 
recreation as part of the State's effort for the restoration, 
management, and public use of sport fish. Although a broad range of 
access facilities and associated amenities can qualify for funding 
under the 15 percent provision, the State must accommodate power boats 
with common horsepower ratings, and must make reasonable efforts to 
accommodate boats with larger horsepower ratings if they would not 
conflict with aquatic resources management. Any portion of the 15 
percent set aside for the above purposes that remain unexpended or 
unobligated after 2 years must revert to the Service.


Sec.  80.25  [Amended]

    21. Amend Sec.  80.25 by:
    a. In the section heading and paragraph (a), removing the words 
``Federal Aid in'' and adding in their place the words ``Dingell-
Johnson''; and
    b. In paragraphs (a)(1) and (a)(2), removing the word ``Aid''.
    22. Amend Sec.  80.26 by revising the introductory text and 
paragraphs (b), (f) introductory text, (g) introductory text, and (h) 
introductory text to read as set forth below:


Sec.  80.26  Symbols.

    We have prescribed distinctive symbols to identify projects funded 
by the Pittman-Robertson Wildlife Restoration Act and the Dingell-
Johnson Sport Fish Restoration Act and items on which taxes and duties 
have been collected to support the respective Acts.
* * * * *
    (b) Other persons or organizations may use the symbol(s) for 
purposes related to the Wildlife and Sport Fish Restoration Program as 
authorized by the Director. Authorization for the use of the symbol(s) 
will be by written agreement executed by the Service and the user. To 
obtain authorization, submit a written request stating the specific use 
and items to which the symbol(s) will be applied to Director, U.S. Fish 
and Wildlife Service, Washington, DC 20240.
* * * * *
    (f) The symbol pertaining to the Pittman-Robertson Wildlife 
Restoration Act is below. * * *
    (g) The symbol pertaining to the Dingell-Johnson Sport Fish 
Restoration Act is below. * * *
    (h) The symbol pertaining to the Pittman-Robertson Wildlife 
Restoration Act and the Dingell-Johnson Sport Fish Restoration Act when 
used in combination is below.
    * * *
    23. Revise Sec.  80.27 to read as follows:


Sec.  80.27  Information collection requirements.

    (a) Information gathering requirements include filling out forms to 
apply for certain benefits offered by the Federal Government. 
Information gathered under this part is authorized under the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777-777n) and the 
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669-669k). The 
Service may not conduct or sponsor, and applicants or grantees are not 
required to respond to, a collection of information unless the request

[[Page 24529]]

displays a currently valid OMB control number. OMB has approved our 
collection of information under OMB control number 1018-0007. Our 
requests for information will be used to apportion funds and to review 
and make decisions on grant applications and reimbursement payment 
requests submitted to the Wildlife and Sport Fish Restoration Program.
    (b) Submit comments on the accuracy of the information collection 
requirements to: U.S. Fish and Wildlife Service, Information Collection 
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA 
22203.
    24. Add new Sec.  80.28 to read as follows:


Sec.  80.28  Exceptions.

    The Director may authorize exceptions to any provisions of this 
part that are not explicitly required by law.

    Dated: April 16, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E8-9785 Filed 5-2-08; 8:45 am]
BILLING CODE 4310-55-P