[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Rules and Regulations]
[Pages 1874-1907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00676]
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Vol. 91
Thursday,
No. 10
January 15, 2026
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 80
Administrative Requirements; Pittman-Robertson Wildlife Restoration and
Dingell-Johnson Sport Fish Restoration Acts; Final Rule
Federal Register / Vol. 91 , No. 10 / Thursday, January 15, 2026 /
Rules and Regulations
[[Page 1874]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
[Docket No. FWS-HQ-WSFR-2023-0125; FVWF51100900000-XXX-FF09W11000;
FVWF94100900000-XXX-FF09W11000]
RIN 1018-BB84
Administrative Requirements; Pittman-Robertson Wildlife
Restoration and Dingell-Johnson Sport Fish Restoration Acts
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, made deregulatory
actions pertaining to Federal financial assistance programs and
subprograms authorized under the Pittman-Robertson Wildlife Restoration
Act and the Dingell-Johnson Sport Fish Restoration Act to better serve
the American public, streamline government operations, and increase
efficiencies for recipients of our financial assistance programs. This
final rule reflects recent legislation; aligns with the Office of
Management and Budget's administrative rules for Federal financial
assistance; aligns with other laws, standards, and administrative
processes; responds to comments and feedback on our 2019 rulemaking
action; and provides clarity to help ensure consistency in
administering our financial assistance programs and subprograms across
the Nation.
DATES: This rule is effective March 16, 2026.
Information collection requirements: If you wish to comment on the
information collection requirements in this rule, please note that the
Office of Management and Budget (OMB) is required to make a decision
concerning the collection of information contained in this rule between
30 and 60 days after the date of publication of this rule in the
Federal Register. Therefore, comments should be submitted to the
Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, (see ``Information collection requirements'' below
under ADDRESSES) by February 17, 2026.
ADDRESSES: This final rule is available on the internet at https://www.regulations.gov. Comments and materials we received are available
for public inspection at https://www.regulations.gov at Docket No. FWS-
HQ-WSFR-2023-0125.
Information collection requirements: Written comments and
suggestions on the information collection requirements should be
submitted within 30 days of publication of this document to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please provide a copy of
your comments to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or [email protected] (email).
Please reference OMB Control Number 1018-0100 in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT: Diana Swan-Pinion, Office of
Conservation Investment, U.S. Fish and Wildlife Service, email:
[email protected], telephone: 404-821-6844. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service's (Service) Office of
Conservation Investment (OCI) annually apportions to fish and wildlife
agencies of States, Territories, and the District of Columbia
approximately $1.6 billion for programs and subprograms under the
Pittman-Robertson Wildlife Restoration Act (Wildlife Restoration Act,
50 Stat. 917, as amended; 16 U.S.C. 669 et seq.) and the Dingell-
Johnson Sport Fish Restoration Act (Sport Fish Restoration Act, 64
Stat. 430, as amended; 16 U.S.C. 777-777m, except 777e-1 and g-1)
(Acts). We are proposing to update the regulations in title 50 of the
Code of Federal Regulations (CFR) at part 80, which is titled
``Administrative Requirements, Pittman-Robertson Wildlife Restoration
and Dingell-Johnson Sport Fish Restoration Acts.''
The primary users of these regulations are the fish and wildlife
agencies of the 50 States; the Commonwealths of Puerto Rico and the
Northern Mariana Islands; the Territories of Guam, the U.S. Virgin
Islands, and American Samoa; and the District of Columbia (DC). We use
``State'' or ``States'' collectively to refer to these entities. The
Wildlife Restoration Act does not authorize funding for DC, which
receives funds only under the Sport Fish Restoration Act.
These regulations tell States how they may receive annual
apportionments from the Federal Aid to Wildlife Restoration Fund (16
U.S.C. 669b) and the Sport Fish Restoration and Boating Trust Fund (26
U.S.C. 9504) and what requirements States must follow when
participating in the programs and subprograms under the Acts. These
programs and subprograms provide financial assistance to State fish and
wildlife agencies to restore or manage wildlife and sport fish and
associated habitats; offer hunter and recreational shooter education
and safety programs, development, recruitment, retention, and
reactivation; develop and increase recreational boating access; enhance
the public's understanding of water resources, aquatic life forms, and
sport fishing; and develop responsible attitudes and ethics toward
aquatic and related environments.
Assistance Listings for these programs may be found at: https://sam.gov/content/assistance-listings. On that website, search for
numbers 15.605, 15.611, and 15.626 using the ``Search Assistance
Listings'' function.
Please refer to the proposed rule published on December 2, 2024 (89
FR 95590) for a detailed description of the previous Federal actions
revising these regulations. This rule finalizes the updates to our
regulations proposed on December 2, 2024 (89 FR 95590). These updates
improve clarity, consistency, readability, and alignment with current
administrative practices, and reflect the currently applicable laws,
standards, and practices.
Summary of Public Comments and Recommendations
In the proposed rule published on December 2, 2024 (89 FR 95590),
we requested that all interested parties submit written comments on the
proposal by January 31, 2025. All substantive information we received
during the comment period has either been incorporated into this final
rule or is addressed below. We received 18 comments in response to the
proposed rule from 12 States, 2 fish and wildlife agency associations,
1 anonymous commenter and the public.
Comments From States
Investment of License Revenue
The New York Department of Environmental Conservation, Louisiana
Department of Wildlife and Fisheries, Oklahoma Department of Wildlife
Conservation, Tennessee Wildlife
[[Page 1875]]
Resources Agency, Arizona Game and Fish Department, Arkansas Game and
Fish Commission, North Carolina Wildlife Resources Commission, Idaho
Department of Fish and Game, South Carolina Department of Natural
Resources, Nevada Department of Wildlife, Iowa Department of Natural
Resources, New Hampshire Fish and Game Department, the Association of
Fish and Wildlife Agencies and the Northeast Association of Fish and
Wildlife Agencies all noted that language should be added to the rule
to clarify that the investment of surplus license revenue not needed
for the immediate administration of a State fish and wildlife agency
does not constitute a loss of control of these funds. We agree and have
amended Sec. 80.20(e) to add this clarification and flexibility for
States.
Other Comments
In addition to the comments regarding the investment of license
revenue, the following comments were received from States:
Comment 1: The Arizona Game and Fish Department requested
clarification regarding what activities are eligible for funding
specifically related to the optimization of State websites.
Response 1: This level of specificity is not appropriate for the
rule but will instead be addressed by communication between State
agency and Service staff. States should contact their Regional OCI
offices for clarification on specific grant questions.
Comment 2: The New Hampshire Fish and Game Department requested
clarification that fish and culture activities necessary to raise fish
for stocking are eligible for funding.
Response 2: We agree and have made an addition at Sec. 80.51(a) to
clarify that raising, acquiring and stocking fish is an eligible
activity for funding.
Comment 3: The New York Department of Environmental Conservation
requested, (1) an expanded definition for ``law enforcement'' to
include public use regulations that govern access on Wildlife
Management Areas and other state-owned and managed lands; (2)
clarification that public target ranges can be maintained with
traditional Wildlife Restoration funds; and, (3) clarification that the
establishment of barter agreements is in compliance with 50 CFR part 80
provided state procurement laws are followed.
Response 3: Regarding item 1, the definition that was
collaboratively developed for ``law enforcement'' is inclusive of
regulations, so we are declining to expand it at this time.
Regarding item 2, we agree and added language to Sec. 80.50(a) to
clarify that traditional Wildlife Restoration funds can be used to
maintain public target ranges.
Regarding item 3, Sec. 80.97 and Sec. 80.98 were updated to
clarify that States may use barter to carry out a grant-funded project
when following State policies and procedures. These sections were
further revised to update the regulation to current standards set by
the Governmental Accounting Standards Board. Therefore, no further
changes will be made.
Public Comments
Comment 4: A member of the public requested, (1) a definition and
examples of multipurpose projects; (2) the addition of examples to the
definition of ``useful life''; (3) an expanded definition of ``law
enforcement'' to clarify why certain activities are excluded from
funding; (4) further clarification of what constitutes pre-award costs;
(5) examples of barter transactions; (6) editorial changes to include
more use of plain language; and (7) in general, the removal of obsolete
Service rules.
Response 4: Regarding item 1, Sec. 80.66 has been removed and
Sec. 80.67 altered to include an explanation of multipurpose projects
from Sec. 80.66(a). We believe that no further definition is needed
and therefore no further changes will be made to the regulation.
Regarding the request to add examples in item 1, item 2 and item 5,
we believe that further examples are unnecessary in this regulation and
States should contact their Regional OCI offices for clarification on
specific grant questions related to these issues.
Regarding item 3, law enforcement is prohibited as an eligible
activity under the Wildlife Restoration Act. Therefore, the States and
the Service agreed it was important to add a definition to our
regulations for ``law enforcement'' to clarify what is not eligible for
funding. Ineligible activities associated with law enforcement were
further clarified in Sec. 80.55. Therefore, no further changes will be
made to the definition. In addition, we added eligible activities to
Sec. 80.50 and Sec. 80.52 that historically had been associated with
law enforcement to clarify that those activities are eligible for
funding.
Regarding item 4, pre-award costs are generally addressed at Sec.
80.94. The specifics of pre-award costs are dependent on the grant
program and project. Reimbursement of pre-award costs is approved at
the grant level when awards are approved by OCI Regional Offices.
Therefore, States should contact their Regional OCI offices for
clarification on specific grant questions related to pre-award costs.
Regarding item 6, we believe that the language is clear and note
that it has been previously reviewed and amended collaboratively by the
Service and our State partners. Therefore, no further changes will be
made to the regulation.
Regarding item 7, we agree and note that the Service is in the
process of reviewing its rules for deregulatory opportunities and have
removed redundant and obsolete Service rules.
Summary of Changes From the Proposed Rule
In June 2025, in response to Executive Orders (E.O.s) directing
regulatory review, the Service identified 16 regulations within 50 CFR
part 80 that should be removed. The Service has determined that these
regulations in 50 CFR part 80 are duplicative or redundant of the Acts
or other regulations or are more appropriately located in the annual
notice of funding opportunities (NOFO) which includes the information
that is necessary for the effective communication of the program
objectives. The revisions to 50 CFR 80.10, 80.11, 80.12, 80.66, 80.80,
80.90, 80.121, and 80.123 are addressed in that direct final rule.
Previously proposed revisions to those regulations included in the
December 2024 proposed rule do not appear in this final rule.
After further review, we identified the need for additional
clarifying language at Sec. Sec. 80.20(e), 80.50(a), 80.51(a), 80.67.
See our responses to the State and public comments on these issues,
above.
Additional Amendments to Existing Regulations
In addition to the changes to 50 CFR part 80 discussed above, we
outline below further revisions to these regulations. Even though we
are not finalizing revisions or additions to every section in part 80
with this rule, for clarity and readability, we are setting forth the
entire part in the Regulation Promulgation, below.
The regulations at 2 CFR part 200 have a goal to standardize terms
to support grant management business processes. To support those
efforts and to assist grant management practitioners, we amend the
following terms to align them more accurately with 2 CFR part 200:
Award and subaward (primarily replacing grant), recipient and
subrecipient (replacing grantee and subgrantee), and period of
performance (replacing grant period). We insert the amended terms
throughout 50 CFR part 80. We also incorporate helpful references in 50
CFR
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part 80 to applicable sections of 2 CFR part 200.
In the information below, we do not discuss in detail editorial
changes that we made to improve readability, clarity, consistency, or
continuity. We instead focus on substantive changes to the current
regulations.
Amendments and the rationale for changes are described here.
I. Subpart A--General
Section 80.1--What does this part do?
We update Sec. 80.1 to include a new purpose under the Wildlife
Restoration Act to facilitate the construction and expansion of public
target ranges (per Pub. L. 116-17) and to add reference to activities
for hunter recruitment and recreational shooter recruitment (per Pub.
L. 116-94).
Section 80.2--What terms do I need to know?
We add the following terms to the definitions section of the
regulations for the following reasons:
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New term Purpose
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90/10/5...................... In describing activities associated with
Public Law 116-17 where the Federal cost
share is up to 90 percent (and,
therefore, the non-Federal cost share is
10 percent or more) and the period of
availability of funds is 5 years when
specifically engaging in activities for
acquiring land for, expanding, or
constructing public target ranges, we
abbreviate this concept as ``90/10/5''.
Acquisition.................. Supporting activities associated with
Public Law 116-17 for acquiring real
property for public target ranges, as
well as the sections of the regulations
pertaining to real property.
Allocate..................... Supporting the financial action of
assigning funds to associated, eligible
activities.
Allowable.................... Clarifying how we address permissibility
of activities and costs under 2 CFR part
200 (distinguished from 50 CFR part 80).
Apportioned funds............ Enhancing understanding of the grant
process and how funds are disbursed to
States.
Eligible..................... Clarifying how we address permissibility
of funding activities under 50 CFR part
80 (distinguished from 2 CFR part 200).
Equipment.................... Responding to a request to include this
term as defined at 2 CFR part 200 in the
regulations at 50 CFR part 80.
Expanding.................... Supporting activities associated with
Public Law 116-17 for physically
expanding access to public target
ranges, to mean acquiring land for or
constructing public target ranges, or
physical improvements to an existing
public target range that add to the
utility of the range in a manner that
ultimately increases range capacity to
accommodate more participants.
Facility..................... Supporting understanding and consistency
throughout the rule.
Federal fiscal year.......... Differentiating the Federal definition
from the State equivalent term.
Fiscal year.................. Adding as defined under Public Law 116-94
for State license years.
Fish restoration and Adding a condensed version from the Sport
management project. Fish Restoration Act to provide parity
to the definition of Wildlife
restoration project (see below).
Hunter recruitment and Adding as defined under Public Law 116-
recreational shooter 94, included in the Act under 16 U.S.C.
recruitment. 669c(c)(4).
Law enforcement.............. Resolving a longstanding issue that has
caused confusion and inconsistencies for
what activities may be eligible under
the Acts; clarifying these parameters
allow us to broaden the scope of
eligible activities that support the
Acts but do not fall into the ineligible
categories.
Maintenance.................. Clarifying for those instances where
maintenance and operations are not both
eligible activities under a funding
source.
Operations................... Clarifying for those instances where
maintenance and operations are not both
eligible activities under a funding
source, such as under 90/10/5 funding
where operational activities are
ineligible.
Public....................... Resolving a longstanding issue as to what
constitutes ``the public'' because using
Federal assistance funds for a project
and then limiting access to an exclusive
group is not permissible.
Public access................ Resolving a longstanding issue as to
physical access to projects funded under
the Acts; supported also by 50 CFR
80.58.
Public relations............. Adding because Public Law 116-94 removed
public relations as a prohibited
activity but 2 CFR part 200 restricts
allowability, meaning public relations
activities are not always eligible.
Public target range.......... Adding as defined under Public Law 116-
17.
R3........................... Adding as an abbreviation for
``recruiting, retaining, or
reactivating'' and applicable to both
Acts, to support activities under Public
Law 116-94.
Traditional Wildlife Adding to mean the activities that are
Restoration program. funded under apportionments authorized
at 16 U.S.C. 669c(b), which reflects the
original program funded under the
Wildlife Restoration Act, to support
distinctions in funding sources due to
passage of Public Law 116-17 and Public
Law 116-94.
Wildlife restoration project. Supporting the part of the definition
from the Wildlife Restoration Act that
is applicable to the Wildlife
Restoration Program, and not the
sections of the Act amended by Public
Law 106-553 to create the Wildlife
Conservation and Restoration Program.
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In this rule, we removed a term only when we replace it with a term
that better aligns with 2 CFR part 200 and current grant management
processes. We amended some terms to update to current standards, such
as adding a clause to the term ``construction'' to accommodate projects
under Public Law 116-17 for constructing public target ranges. Upon the
advice of State representatives, we simplify the list of terms by
removing the term ``agency'' as a separate definition and instead
adding ``(agency)'' after the term ``State fish and wildlife agency''
to indicate that those terms mean the same thing. We amended the term
``angler'' to acknowledge applicable Federal law, as one State reviewer
commented that sometimes fishing in a State involves meeting standards
of both State and Federal laws. Five of the 50 U.S. States apply for
Federal funds using a ``comprehensive management system (CMS)'' method
of operations, which we define at Sec. 80.2. We consulted
representatives from those States to inform the updates to this term in
this rule. We updated the term ``personal property'' to align better
with the definition and use of that term in the Service Manual chapter
at 520 FW 6, ``Real Property-Overview.'' We clarified
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the term ``subaccount'' based on recommendations from the pre-
regulatory review team. We amended the term ``useful life'' to apply to
a capital asset or equipment in addition to a capital improvement,
based on definitions and other regulatory requirements provided in 2
CFR part 200.
II. Subpart B--State Fish and Wildlife Agency Eligibility
We did not make any substantive changes to subpart B.
III. Subpart C--License Revenue
We did not make any substantive changes to subpart C.
IV. Subpart D--Certifying License Holders
In our August 27, 2019, final rule (84 FR 44772), we made
significant changes to subpart D. Those regulatory changes included a
compliance date of September 27, 2021 (2 years from the effective date
of the 2019 final rule), for State fish and wildlife agencies to make
the needed changes in their laws and processes to accommodate the new
standards to licenses for the purposes of certifying paid license
holders during the annual certification period. Certifying license
holders is an important component to both the Wildlife Restoration and
the Sport Fish Restoration programs because, under the Acts, annual
apportionment to State fish and wildlife agencies is based in part,
under the mandatory funding formulae in the Acts, on the number of paid
hunting and fishing license holders that the agency certifies.
We made editorial changes to subpart D to change the title to
reflect active voice, place more emphasis on ``individual paid license
holders,'' and improve clarity and consistency in how we present
information. At Sec. 80.33, How does a State fish and wildlife agency
decide who to count as paid license holders in the annual
certification?, we addressed some misunderstandings that have come to
our attention as to how different types of licenses allow license
holders to be counted in the annual certification. State fish and
wildlife agencies develop many varying structures for how they package
and sell hunting and fishing licenses in their State.
As an example of the disparities and how we address them, consider
these two scenarios. State A and State B both have ``fiscal/license
years'' that are June 1-May 31. This is the ``certification period''
for both States when reporting individual paid license holders.
However, State A and State B follow different processes for issuing
licenses:
State A sells annual licenses that, regardless of when you
purchase your license, are valid only during the ``fiscal/license
year.'' For example, if you purchase your license on April 1, it will
expire May 31 if you are buying that license for the current license
year, or it will not be valid until June 1 if you are buying that
license for the next license year.
State B sells annual licenses that, regardless of when you
purchase your license, are valid for a full year starting with the day
you purchase the license and ending 1 year later (this type of license
is also known as a ``365-day license''). For example, if you purchase
your license on April 1, it is good from that day (April 1) through the
following March 31.
State A can easily determine which individual paid license holders
may be counted during the certification period as they all fall into
the fiscal/license year. However, State B has individual paid license
holders that are holding a valid license in two different fiscal/
license years. It would not be fair if State B certified license
holders in two certification periods for licenses that are essentially
the same in both States.
To align these scenarios, we clearly state the following:
An individual paid license holder may be counted only in
the certification period in which the license first becomes valid.
A single-year license may be valid for any period from 1
day up to 2 years.
A license that is valid for 2 years or more is considered
a multiyear license.
A license holder cannot be counted in more certification
periods than a license is valid, i.e., if holding a 5-year license, the
holder can be counted only in five certification periods for that
license.
A license holder may be counted only for certification
periods that align with the years the license is valid, i.e., if a 5-
year license is valid from June 1, 2018, through May 31, 2023, the
license holder may not be counted for that license for the
certification period that ends between October 1, 2024, and September
30, 2025, or any certification period after that.
The criterion above becomes important when considering multiyear
licenses that were sold before the 2019 final rule became effective on
September 26, 2019, and a State fish and wildlife agency is
recalculating to determine if it may certify the license holder in an
upcoming certification period. For example, a 10-year license that was
sold in 2016 for $100 could be counted only once under the regulations
in effect at that time. Under the 2019 final rule, the State fish and
wildlife agency may apply the current standards in Sec. 80.34 to that
license and count the license holder in the certification periods that
include 2019 until the license expires in 2025, so that license holder
may potentially be counted in seven additional certification periods.
The State agency cannot certify that license holder beyond that date,
for that license, as it is no longer valid. Using the same example,
except for a lifetime license, under the 2019 final rule, the State
agency may certify the license holder for up to an additional 49 years,
provided the license holder is still alive.
Under this proposal, a State will be allowed to certify a license
holder only for the number of years that the license is valid and only
in the certification years that correspond to the period that the
license is valid.
We updated Sec. 80.34, Must a State fish and wildlife agency
receive a minimum amount of revenue for each license holder certified?
related to the statement that all States must be following the
requirements in Sec. 80.34(b) by September 27, 2021, as that date is
now in the past. The subpart includes other references to that date,
and we made revisions to update the regulations appropriately.
We amended Sec. 80.35, What additional requirements apply to
multiyear licenses?, based on comments we have received since the 2019
final rule that certain language set forth by the 2019 final rule is
unclear or confusing. We made no changes to the basic principles
established in Sec. 80.35 by the 2019 final rule; rather we made
revisions similar to those we made for Sec. 80.34 in removing language
identifying dates for regulatory compliance that are no longer
relevant. We also made revisions for simplicity and clarity, to
encourage consistent understanding and implementation of the
regulations.
At Sec. 80.37, which pertains to the question of whether the State
fish and wildlife agency can certify a license sold at a discount, we
updated the regulation related to the phrase ``when combined with
another license or privilege,'' as the answer to the question does not
depend on combining the license with another privilege. It can be
discounted under other circumstances. We also amended the heading of
Sec. 80.38, which asks whether an entity other than the State fish and
wildlife agency may offer a discounted or free license under any
circumstances, to instead ask whether a State fish and wildlife agency
can certify a license when an entity other than the agency offers a
discounted or free license. The emphasis will be
[[Page 1878]]
placed on the ability to certify the license holder, which ultimately
is the concept that we want to establish throughout the regulations in
subpart D.
Proposed amendments to the regulations in subpart D were presented
to the JTF in December 2021 for review and input. Prior to the 2019
final rule, the Service relied on the advice of the JTF to inform the
new standards for certifying license holders with the goal of
establishing rules that were fair and could be consistently applied by
State fish and wildlife agencies. The JTF again had the opportunity to
review proposed subpart D regulations during one of the preliminary
review and comment periods on the proposed rule.
V. Subpart E--Eligible Activities
We amended subpart E by editing the regulations for active voice,
clarity, and better readability. We strategically amended the
regulations in subpart E more than those in any other subpart in 50 CFR
part 80 to accommodate activities newly eligible under the 2019
amendments to the Wildlife Restoration Act. The OCI pre-rulemaking
policy process and preliminary guidance developed to address the
amendments to the Act greatly informed the changes to this subpart.
We describe here several areas of focus that greatly expand
eligible activities set forth in subpart E, how we reformatted the
regulations in this subpart, the analyses we engaged in to determine
how to improve the current regulations, and how we support certain
concepts throughout this rule.
Background Information on the Wildlife Restoration Act
To better understand amendments to the Wildlife Restoration Act for
programs and subprograms, additional eligible activities, and how all
eligible activities under the Act intersect with funding sources under
the Act and the Service's administration of awards, we provide some
background on the Wildlife Restoration Act.
The Federal Aid in Wildlife Restoration Act (Sept. 2, 1937, ch.
899, section 1, 50 Stat. 917) set forth a program that apportioned
funds to State fish and wildlife agencies for eligible activities
related to acquiring land, improving habitat, and conducting research
associated with wildlife restoration and management. Funding was
available from revenue accrued during the Federal fiscal year (FFY) on
taxes imposed on firearms, shells, and cartridges under the Revenue Act
of 1932 (47 Stat. 169) and deposited into ``the Federal aid to wildlife
restoration fund,'' which we now refer to as the Wildlife Restoration
Trust Fund.
Each of the Act's programs and subprograms has specific eligible
activities, and costs must be assigned to separate fiscal subaccounts
to support accurate administration of the funds. The Service tracks
apportionments and available funding using the Department of the
Interior's Financial and Business Management System (FBMS), which
supports business management processes related to financial management,
grants and cooperative agreements, real and personal property
management, and several other functions. FBMS employs the use of
subaccounts, which allows the Service to use a ``first-in, first-out''
method of accounting.
The Service also uses subaccounts to administer the specific use
requirements for program and subprogram funding sources under the Act.
States that have funding that has not been obligated to an award within
the period of availability may encounter the possibility of having to
return apportioned funds to the Service (see table 1 to Sec. 80.92
under Regulation Promulgation, below, for information on how the
Service disburses returned funds). The Service uses a ``safety margin''
system to track apportioned funds, obligated funds, and periods of
availability and will alert a State agency if the agency is approaching
a situation where they may need to return funds. (Note: the formulas
for awarding funds and cost share requirements for insular areas, the
Commonwealth of Puerto Rico, and the District of Columbia vary from the
formula applied to the 50 States.)
Since enactment of the Wildlife Restoration Act, several amendments
have revised the original eligibilities that impact changes addressed
in this rule:
The addition of maintenance of wildlife restoration
projects as eligible (Pub. L. 79-533, July 24, 1946).
Law enforcement and public relations excluded as eligible
activities (Pub. L. 84-375, August 12, 1955).
The addition of the Basic Hunter Education and Safety
subprogram to the Act (Pub. L. 91-503, October 23, 1970).
The addition of the Enhanced Hunter Education and Safety
program to the Act (Pub. L. 106-408, November 1, 2000; also known as
``the Improvement Act'').
The addition of an administrative funding advantage to
encourage and assist States in acquiring land for, expanding, and
constructing public target ranges, under the Target Practice and
Marksmanship Training Support Act (Pub. L. 116-17, May 10, 2019), which
we refer to as ``90/10/5.''
The addition of new eligible activities for hunter
recruitment and recreational shooter recruitment (which we refer to as
``R3'') under the Modernizing the Pittman-Robertson Fund for Tomorrow's
Needs Act (Pub. L. 116-94, December 20, 2019), which also removed the
exclusion of public relations activities that was added to the Act in
1955.
Section 80.50--What activities are eligible for funding under the
Wildlife Restoration Act?
Updated Terms and Arrangement
As noted above, we begin using the term ``Traditional Wildlife
Restoration program'' to refer to the original program that is funded
under 16 U.S.C. 669c(b) and ``90/10/5'' to refer to activities for
acquiring land for, expanding, or constructing public target ranges
that qualify for the administrative advantage of a 90 percent Federal/
10 percent non-Federal cost share, with a period of availability to
obligate funds of 5 years.
We reorganized the regulations at Sec. 80.50(b) under the general
categories of Basic Hunter Education and Safety subprogram and Hunter
Recruitment and Recreational Shooter Recruitment, and separate eligible
activities for the Basic Hunter Education and Safety subprogram into
Sec. 80.50(b)(1) and eligible activities for recruiting, retaining, or
reactivating hunters and recreational shooters (R3) into a new Sec.
80.50(b)(2). This revision will allow us to recognize the common
funding source, while providing the distinctions between eligible
activities under each. We also removed regulations that describe
activities that are eligible under all programs under the Acts from
current Sec. 80.50 and added them to Sec. 80.52.
Traditional Wildlife Restoration Program
We added that eligible research may include social sciences, to
assist States in improving communication and benefits to the public
they serve. We also added that a State may use funds under a
Traditional Wildlife Restoration program award for maintaining and
operating projects or equipment under the ownership or management
control of the State fish and wildlife agency and that support eligible
activities under the Wildlife Restoration Act. This change is intended
to support the ability for State agencies to use Traditional Wildlife
Restoration program funds for eligible maintenance and operations on
projects
[[Page 1879]]
or activities on Traditional Wildlife Restoration-managed land that may
have been funded in accordance with regulations in another subpart or
from an external source. As an example, a wildlife management area has
a public target range. Maintenance activities such as mowing the lawn
or operations such as providing lighting to the facility will be
eligible activities using Traditional Wildlife Restoration program
funds, as they are eligible Traditional Wildlife Restoration program
activities, without the need to allocate costs to other funding
sources. However, activities such as providing staff to run and operate
the public target range will not be eligible Traditional Wildlife
Restoration program activities and must be charged to an eligible
funding source. For eligible activities related to constructing target
ranges, we address this in Sec. 80.61 that describes options for
funding range construction from all of the funding sources under the
Wildlife Restoration Act.
We also added to Sec. 80.50 that a State agency may use funds
under a Traditional Wildlife Restoration program award for maintaining
and operating projects or equipment that a third party owns or manages
provided a third-party binding agreement is in place that ensures the
project continues to serve the intended purposes under the award. This
third-party binding agreement may be in the form of a subaward.
Communication and Public Relations
With the passage of Public Law 116-94, the prohibition for funding
public relations activities was removed from the Wildlife Restoration
Act, making public relations potentially an eligible activity. The
regulations at 2 CFR part 200 specifically define public relations and
provide principles establishing when these costs are and are not
allowable. We considered that perhaps the overlap of public relations
with other communication terms (such as ``outreach,'' ``marketing,''
and ``advertising'') would cause confusion and inconsistencies in
determining which associated activities may be funded under the Acts.
Using preliminary guidance that we had developed (``Implementing the
Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act,'' July
14, 2021), in this rule we focus on public relations and other
activities that will be considered eligible for communicating with the
public.
We defined the term ``public relations'' by referencing 2 CFR part
200; therefore, ``public relations'' will mean activities that are
dedicated to maintaining the image of the State fish and wildlife
agency or subrecipient or to maintaining or promoting understanding and
favorable relations with the community or public at large or any
segment of the public. As ``public relations'' activities are described
in 2 CFR part 200, costs for the activities are unallowable unless
meeting the objectives of, or necessary for the performance of, a
Federal award, or when conducting general liaison on matters of public
concern. To clarify, if the form of communication solely benefits the
State or the State agency, then the costs are unallowable, but if the
form of communication supports the objectives or performance of the
Federal award then costs will likely be allowable. We included at Sec.
80.50(a)(8) examples of eligible communication types that support a
State's ability to have an informed and engaged public. We describe at
Sec. 80.50(a)(9) which communication activities require prior
approval.
Some of the eligible communication activities we describe in this
rule are prompted by our engagement in the newly introduced activities
associated with R3, but we do not limit the opportunity to expand on
eligible communication activities to strictly R3. We made amendments
throughout the regulations throughout that to clarify and allow for
expanded communication activities that support other eligible
activities.
Law Enforcement and Eligible Activities
We begin foundationally at Sec. 80.2, as described above, by
defining the term ``law enforcement'' to mean enforcing laws, orders,
and regulations. We also describe at Sec. 80.55 how activities for
both law enforcement and the process of making State laws are
ineligible for funding. Using these two standards of ineligible
activities under the Acts allows us to take an approach with this
rulemaking to clarify and more distinctly define those activities that
are eligible, as the prohibition of activities connected to law
enforcement has been interpreted over the years to extend beyond these
restrictions. Based on this approach, we included the following
activities in the regulation as eligible:
Research, data collection, surveys, meeting with boards,
and other preliminary activities that State agency staff do to collect
information, make assessments, develop internal recommendations, and
inform legislators, who then use the information when engaging in the
ineligible activity associated with a formal legislative process for
making public policy. These eligible activities are also supported
under both Acts. When defining ``wildlife restoration project'' and
``fish restoration and management project,'' the Acts include,
respectively, ``research into problems of wildlife management as may be
necessary to efficient administration affecting wildlife resources''
(16 U.S.C. 669a(11)) and ``acquisition of such facts as are necessary
to guide and direct the regulation of fishing by law'' (16 U.S.C.
777a(1)(B)).
Activities that are otherwise eligible being conducted by
law enforcement personnel. Examples are activities such as
participating in hunter education and safety courses, supporting public
access at boat ramps, or conducting outreach to educate the public or
for R3 purposes. If an activity is eligible, the staff involved with
conducting the activity, even if law enforcement, may be included as an
eligible part of an award. Of course, if law enforcement staff are
involved in an eligible activity, and something occurs that activates
them to conduct law enforcement activities, the State or subrecipient
will have to prorate costs accordingly and charge only eligible
activities to the award or subaward.
Interpreting, translating, printing, or disseminating
published State hunting regulations to inform and educate the public
about their responsibilities to comply with laws, orders, and
regulations. Once the laws are published in the official legal registry
(State Register or other), the lawmaking process is complete. However,
the State agency should then make this information readily available to
members of the public in a manner they can understand. Such efforts to
simplify the rules in a different format, translate the law into other
languages, include information on the laws in hunter or angler guides,
and other associated projects will be eligible.
Technology
Considering that State agencies may provide many forms of
innovation in communication with the public, such as phone applications
(apps), social media, websites, software products, and whatever is on
the horizon, we added the flexibility for States to employ these
methods and tools when associated with an eligible activity.
R3 Flexibility
We understand that the ability to use funds under these Acts for R3
activities will provide State fish and wildlife agencies opportunities
to be somewhat creative in finding various ways to approach different
audiences, thereby helping the agencies achieve the R3
[[Page 1880]]
success they are seeking. We provide flexibility in the regulations for
States to take advantage of those opportunities as much as possible,
while still meeting the requirements for being necessary and reasonable
and supporting objectives in an award. We, therefore, list eligible
activities that support R3 for items such as hiring shooting trainers
and hunting guides, paying for optimizing State websites, acquiring
supplies that help enhance the experience and skills of participants,
and various types of education to include mentoring, field
demonstrations, and training simulators. Many of the activities for R3
under Wildlife Restoration can be applied similarly to R3 under Sport
Fish Restoration. We left sufficient flexibility to allow a State
agency to have an award approved for activities that the agency can
clearly demonstrate are targeted toward eligible R3 objectives.
Section 80.51--What activities are eligible for funding under the Sport
Fish Restoration Act?
We amended eligible activities in Sec. 80.51 to align with those
in the revised Sec. 80.50, as appropriate, including expansion of
eligible activities for communication.
Recreational Boating Access Subprogram
We added some activities to provide more context, based on the
Service Manual chapter at 517 FW 7. Based on recommendations from
States, we clarified that projects may be for motorized or nonmotorized
vessels and users.
State Outreach and Communications Subprogram
We added the word ``State'' to this subprogram. The Act provides
for a National Outreach and Communications Program, which is a
competitive program administered out of the Service's Headquarters
Office. The Act also provides for a State Outreach and Communications
program (an R3 program), which is to be an extension of the National
program focused on State priorities. Each State may use up to 15
percent of its Sport Fish Restoration program apportioned funds (16
U.S.C. 777c) for the costs of the combined Aquatic Resources Education
and State Outreach and Communications subprograms. We added a provision
for ``Interpreting, translating, printing, or disseminating published
State fishing regulations to inform and educate the public about their
responsibilities to comply with laws, orders, and regulations'' to the
regulations to provide parity with eligible activities under revised
Sec. 80.50.
Section 80.52--What activities are eligible for funding under all
programs and subprograms under the Acts?
We added this new section to the regulations as we identified
multiple activities currently discussed in Sec. Sec. 80.50 and 80.51
and in this rule that are eligible to all programs and subprograms.
Below we describe two new provisions to accommodate activities newly
eligible under the 2019 amendments to the Wildlife Restoration Act.
State Electronic Data Systems
License sales are an important component of the congressionally
mandated funding formula the Service uses for awarding annual
apportionments to State agencies. Originally a manual process, tracking
of license sales became automated as technology improved and State
agencies began using automated point of sale or electronic licensing
systems for collecting payments for hunting and fishing licenses and
accounting for license sales. As the primary purpose for these
electronic systems was management of hunting and fishing license
revenue for the State fish and wildlife agency, using grant funds to
support the system was considered ineligible for funding as activities
conducted for the primary purpose of producing income (see 50 CFR
80.54(c)), and all associated costs, are ineligible. As technology has
further improved and agency activities expanded over the years,
traditional licensing systems evolved to accommodate a variety of needs
and purposes and have been combined with other public-facing electronic
systems designed to collect and share data and information as a public
interface. A Director's Memorandum issued on July 11, 1996 (Automated
Sportsman's Data Systems (ASDS)--Formerly Point of Sale), describes the
Service's awareness of the changing technology and the potential
eligibility of some costs associated with the expanding system. More
than 25 years later, systems have become a tool for a variety of
actions related to the conservation of fish and wildlife resources and
associated administration of a State agency. Some electronic systems
may be combined within a State to accommodate multiple purposes or be
used in conjunction with other State agencies. States are using
technology to increase efficiency and generate cost savings, so it is
possible that the electronic system that sells hunting and fishing
licenses may include components for collecting data and funds,
distributing information, or administering activities for other
purposes such as driver's licenses, vehicle registrations, park entry
permits, and other sources of revenue for States.
In June 2021, OCI published guidance that describes how States may
apply costs of an electronic system that support eligible activities to
a Wildlife Restoration or Sport Fish Restoration award. As we have had
2 years to implement and receive feedback on this guidance and have
received no negative responses from States, we added such costs to the
list of eligible activities in the regulations. The processes in the
guidance will still have to be followed for costs to be eligible.
Oversight Activities
We added provisions to the regulations that clarify as eligible
those activities pertaining to oversight, such as monitoring,
evaluating, and reporting. We included as eligible the costs associated
with monitoring and compliance activities when they lead to the
discovery of an area of noncompliance with an award, a potential
diversion of funds under the Acts, or a situation where property
acquired under the Acts is infringed upon--improprieties that could
result in an action in the legal system. This regulatory change builds
on the flexibilities for activities that do not fall into the category
of law enforcement or State lawmaking. The State agency will still be
unable to use award funds for conducting law enforcement activities,
such as issuing a citation, but the agency could use award funds for
obtaining evidence, testifying in court, meeting with attorneys, and
other activities to protect resource and property interests under an
award. Here is an example: While a State is monitoring real property
holdings that were acquired under an award, the State finds that an
adjacent landowner has put a shed on a State-owned property. Eligible
activities include the work that non-law enforcement staff do to
collect information and evidence (i.e., take photographs, check lot
lines in the files, etc.), notify managers and officials, write letters
to the other party informing them of the situation and offering an
opportunity to correct, consult with attorneys to assess the situation
and potential alternatives, and, if needed, testify and provide
evidence in a court of law.
[[Page 1881]]
Section 80.53--May an activity be eligible for funding if it is not
explicitly eligible in this part?
We added in Sec. 80.53 that an activity must be allowable under 2
CFR part 200 to be eligible if the activity is not explicitly described
as eligible in the regulations in part 80.
Section 80.55--What activities are ineligible for funding?
We expanded on the prohibition for law enforcement to include the
definition of ``law enforcement'' but also the making of laws. We also
removed ``public relations'' as ineligible under the Acts in response
to Public Law 116-94.
State Lawmaking as Ineligible
We clearly describe as an ineligible activity participation in the
State lawmaking process using Federal funds under an award. This
provision is primarily because State agencies need to retain their
State law authority to make policy decisions, and once these activities
are included in a grant and paid for with Federal financial assistance
funds, they are ``federalized,'' creating a Federal nexus to what is
inherently a State responsibility. When a federally funded project
includes the making of State laws, a Federal compliance review is
automatically triggered. Even if the project is determined to be
categorically excluded from some Federal compliance requirements, the
Federal nexus on a State's responsibility and authority to promulgate
laws is inappropriate and is deemed ineligible. Therefore, this rule
clarifies and more distinctly defines what law-related activities are
eligible and ineligible under the Acts.
Public Access Denied
We also add that when public access is required under an award and
is not provided, the project becomes ineligible for funding. This
provision does not include temporary closings or closings because of
reasons established at Sec. 80.58 but refers to blatant exclusion or
denial of public access when that access is required under an award.
Section 80.57--How does a proposed project qualify as substantial in
character and design?
We added to Sec. 80.57 planned approaches, appropriate procedures,
and accepted principles that will relate to R3, access, and
communication to accommodate additional eligible activities described
in this rule.
Section 80.58--What are public access requirements for activities in an
approved award under the Wildlife Restoration or Sport Fish Restoration
programs?
The parameters for public access have been a longstanding issue for
the Service and States, and we set some basic principles in the
regulations to assist with understanding and encourage consistent
application. We started with stating that there are certain eligible
activities under an award for which the primary purpose is to provide
public access. A prime example of such an activity is public target
ranges, which are prominent in both Public Law 116-17, which focuses on
offering advantages to States to encourage further development of such
facilities, and Public Law 116-94, which seeks to provide public target
ranges and other support to recruit, retain, or reactivate members of
the public in hunting and recreational shooting activities. We have
encountered situations where potential subrecipients were actively
seeking to partner with States in using funds under the Wildlife
Restoration Act for range projects but did not want the range open to
the public. Often, we encounter situations where the desire is to limit
access to members only, and membership costs are very high, or
memberships are not offered to all. This includes projects under both
Acts.
From the public side, we also have encountered situations where
certain groups with specific interests want to access property acquired
under an award for various purposes that are not consistent with the
purposes of the award under which they were acquired. For example, a
real property acquisition for the purposes of conserving a sensitive
species in recovery may not be compatible with all-terrain vehicle use
or horseback riding on that property. Sec. 80.58 will give the State
agency authority, within the purposes of the Acts, to set parameters
for public access. We understand that many States have standards for
public access already institutionalized in their laws and practices.
Sec. 80.58 will also describe how a State agency may work under a
third-party binding agreement (which may be accomplished as a subaward)
to partner with non-State entities on projects that must provide public
access.
We purposely do not discuss in the regulations any set formulas for
determining the amount of public access to provide when the project
with a third party is not available for public access 100 percent of
the time. In May 2017, the Service published Best Practices for Third-
Party Agreements guidance (best practices guidance), which we updated
in September 2019. In the best practices guidance, we describe that the
determination as to the adequacy of public access will be accomplished
on a case-by-case basis and will be considered as follows:
The OCI-prescribed method used to determine the amount of public
access is:
(1) A reasonable number of regularly scheduled and posted hours of
availability must be available to the public that reflects, at minimum,
the amount of the Federal and State investment;
(2) Hours of operation may take into consideration safety and
security issues, but must not impose impediments such as mandatory
membership or excessive fees beyond those needed to offset maintenance
and management costs;
(3) If there is potential for closing a site for targeted, non-
public use, the recipient must define a process whereby the third party
must notify the public of any changes in availability and must
compensate the recipient when it reduces the minimum public access
defined in the agreement (the preferred method is for the third party
to offer additional public access at an alternate time that compensates
for the interruption); and
(4) If there are gates, locks, or other controls to access, the
third party must clearly indicate at the control point how the public
may gain access to the facility.
VI. Subpart F--Allocation of Funds by an Agency
With the passage of Public Law 116-17 and Public Law 116-94, many
more interrelationships are available for developing projects and
engaging in eligible activities that could potentially include using
funds from a different funding source under the Wildlife Restoration
Act. Because these statutory changes prompted a more holistic approach
in subpart F, we expanded current Sec. 80.60 and added three new
sections as follows:
Sec. 80.60--What is the relationship between the
Traditional Wildlife Restoration Program, the Basic Hunter Education
and Safety subprogram (Basic Hunter Education), and the Enhanced Hunter
Education and Safety program (Enhanced Hunter Education) for acquiring
land for, expanding, or constructing public target ranges?
Sec. 80.61--What sources of funding in the Wildlife
Restoration Act may a State fish and wildlife agency use to support
public target range projects, and may funds from multiple sources be
used in a single award?
[[Page 1882]]
Sec. 80.62--What are eligible and ineligible 90/10/5
activities?
Sec. 80.63--What exception is provided for Enhanced
Hunter Education and Safety funds in relation to Basic Hunter Education
and Safety funds?
We amended these sections, based on the ``Interim Guidance for
Applying Public Law 116-17, the Target Practice and Marksmanship
Training Support Act, to the Pittman-Robertson Wildlife Restoration
Act'' (interim guidance), how a State may apply the 90 percent Federal/
10 percent non-Federal cost share and period of availability of up to 5
years to eligible public target range projects. The sections also
describe what amount of funds, if any, a State may allocate to public
target range projects and the process a State agency must take when
applying apportioned Traditional Wildlife Restoration program funds to
those projects. The current regulations at Sec. 80.60 focus on the
differences between the Basic Hunter Education and Safety subprogram
and the Enhanced Hunter Education and Safety program. We addressed the
relationship between the two programs and one subprogram that may
include public target range activities using the 90/10/5 approach as
allowable under the amendments from Public Law 116-17.
Sec. 80.61 engages with all the options that a State may use when
funding public target range projects. We identified, in a table to
Sec. 80.61, seven different potential approaches to use under the
regulations.
Sec. 80.62 describes eligible and ineligible 90/10/5 activities.
The revisions include a topic that we needed to address as, following a
legal review of Public Law 116-17, it became clear that the intent of
the law is to increase physical access to more or expanded public
target ranges. In the interim guidance and this rule, we made it clear
that ``expanding'' means, for the purposes of projects for acquiring
land for, expanding, or constructing public target ranges (90/10/5),
physical improvements to an existing public target range that add to
the utility of the range in a manner that ultimately increases range
capacity to accommodate more participants. Physical improvements do not
necessarily have to increase the size of the facility but must result
in an increase in physical usability that will accommodate more
participants. This legal interpretation led us to include in this rule
definitions for the terms ``maintenance'' and ``operations.''
In the grant programs under the Acts, we tend to combine operations
and maintenance under single awards, and this approach is acceptable
for most of the eligible activities under the Acts. However, for 90/10/
5 awards, an activity defined as ``operations'' is not an eligible
activity. An activity defined as ``maintenance'' may be, depending on
whether it integrally supports a construction or expansion project. For
example, if a project includes activities to expand a 6-stall range to
a 12-stall range, but the roof and structure of the existing 6 lanes
need repair and maintenance at the same time to allow for successful
construction, it may be necessary and reasonable to support the
expansion project and ensure that all 12 lanes will be accessible to
the public. Other examples may include when a safety feature of a
public target range needs maintenance, and closure of the facility will
occur if the need is not resolved. When combined with other activities
for expanding the range, this maintenance activity may be included as
necessary and reasonable. A State fish and wildlife agency will have to
clearly justify how the maintenance activity supports the 90/10/5
objectives and is not just a stand-alone maintenance activity that does
nothing to increase range capacity for more participants.
We included in this rule that public target ranges may be on
property where title is held by a third party provided the State agency
holds a lease or other binding agreement that ensures the terms and
conditions of the award will be met. Mobile public target ranges will
also be eligible. Although personnel and administrative costs for
managing and operating a public target range once the project is
completed is ineligible, personnel and administrative costs associated
with activities that directly support development of public target
ranges, such as acquiring land and construction, will be eligible.
Examples include those activities associated with planning for
projects, which may include identifying potential parcels of land,
investigating and obtaining permits, conducting real property
appraisals, engineering, coordinating projects on a State level, and
administering specific projects. Costs that are also eligible when
combined with an expansion or construction project are the associated
amenities that are necessary and reasonable to ensure the public can
fully access and utilize the public target range, such as public
restrooms, storage facilities, safety amenities, signs, roads and
parking lots, and infrastructure for utilities. We also included as
eligible the possibility to justify a project using the 90/10/5
approach when the range has deteriorated to a condition where it is no
longer operable or accessible. We do not expect this situation to
happen often, and anyone considering this option should consult the
regional OCI office.
We listed the following activities as ineligible: operations,
maintenance unless necessary for completing a construction or expansion
project, long-term monitoring, and any other activities that are not
directly related to the goals of 90/10/5 for providing new or increased
physical capacity for public target ranges.
Sec. 80.63 describes the exception that is in the Wildlife
Restoration Act (16 U.S.C. 669 et seq.) for use of Enhanced Hunter
Education and Safety funds. The amendments to the Act from Public Law
116-94 complicate administration in some respects. The funding source
for both the Basic Hunter Education and Safety subprogram and the newly
added hunter recruitment and recreational shooter recruitment (which we
refer to as ``R3'') activities is described in the Act at 16 U.S.C.
669c(c)(1)-(3). When applied to the Basic Hunter Education and Safety
subprogram, the eligible activities are described in the Act at 16
U.S.C. 669g(b). The new eligible activities for R3 are included in the
Act under 16 U.S.C. 669c(c)(4). The Act also includes an exception for
the Enhanced Hunter Education and Safety program that, if a State uses
all its Basic Hunter Education and Safety subprogram funds for purposes
under 16 U.S.C. 669g(b) during the FFY, the State may then use its
Enhanced Hunter Education and Safety program funds for any purpose
under the Act. When applying the amendments for R3 activities in the
Act, if a State uses any of its funds under 16 U.S.C. 669c(c) for R3
activities, it voids the exception, and the State must use all its
Enhanced Hunter Education and Safety program funds for Enhanced Hunter
Education and Safety program purposes. We revised Sec. 80.63 to
explain and clarify the exception and associated restrictions when
using those funds for R3 activities.
Section 80.64--What requirements apply to funds for the Recreational
Boating Access subprogram?
We updated Sec. 80.64 to clarify that a State need not set aside
funds out of each annual apportionment for this subprogram, provided
that the standard is accomplished within the designated 5-year period.
We updated the 5-year periods starting with 2023.
[[Page 1883]]
Section 80.67--How does a State fish and wildlife agency allocate costs
to an award in multipurpose projects and facilities?
We amended Sec. 80.67 slightly to accommodate for various funding
sources within the Acts and to support that a State agency may describe
ineligible activities in a proposal that supports eligible activities
provided that the proposal clearly shows that no costs for ineligible
activities are part of the award. The Service has had a few instances
in which auditors have identified any discussion of ineligible
activities in a proposal as making the award ineligible. This
determination is inaccurate. In many multipurpose projects, eligible
and ineligible activities work together for the success of the overall
project, and describing the ineligible activities makes it clearer to
the grant reviewer how the entire project is supported. Therefore, this
is an acceptable approach that supports the information required at
Sec. 80.82(b).
Section 80.69--What requirements apply to allocation of funds between
marine and freshwater fisheries projects?
We amended Sec. 80.69 to remove the term ``obligated'' and replace
it with the term ``allocated'' to better align with current
administrative practices.
VII. Subpart G--Applying for an Award
We amended the title of subpart G to reflect active voice and to
replace the term ``grant'' with ``award'' to align with 2 CFR part 200.
The Service has had several changes to systems and processes for
States applying for an award and for Service staff administering
awards. In response to these changed circumstances, we revised subpart
G to become more generic in some places, not referencing specific
systems and processes and referring applicants to the notice of funding
opportunity for specific information. As many actions that used to
require hardcopy submissions and signatures are now accomplished
electronically, we also made changes to reflect modern procedures.
Effective January 1, 2020, SAM.gov (https://sam.gov/content/home)
became the central repository for common certifications and
representations required of Federal grants recipients. Effective
October 28, 2022, the Service no longer requires applicants to submit
the ``Assurances for Non-Construction Programs (SF-424B)'' form or the
``Assurances for Construction Programs (SF-424D)'' form with their
applications. Therefore, we removed this requirement from the
regulations.
Section 80.83--What is the Federal share of allowable costs? And
section 80.84--How does the Service establish the non-Federal share of
allowable costs?
On October 22, 2022, the U.S. Department of the Interior issued a
notification (DOI-PGM-PAN Reference No: 2023-0022) that the Office of
the Solicitor has determined Public Law 96-205, title VI, section 601,
as amended, in conjunction with 48 U.S.C. 1469a(d), requires Department
of the Interior offices and bureaus to waive the cost sharing
requirement for grants to the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands, commonly
called ``insular areas.'' Based on this determination, we amended these
sections of the regulations to show that the Service will not require
those insular areas to provide cost share to awards under these Acts.
The insular areas may provide voluntary cost share, but it is not
required. The Commonwealth of Puerto Rico and the District of Columbia
must still provide a minimum 25 percent cost share.
We also amended these sections to reflect that for those activities
that meet the criteria for acquiring land for, expanding, or
constructing public target ranges, the Federal share may be up to 90
percent of costs under an award, except for insular areas where it is
100 percent.
Section 80.85--What requirements apply to cost share or match?
We revised Sec. 80.85 to refer only to the requirements for cost
share as described at 2 CFR 200.306. We maintained the text that
describes at what level of accounting to apply cost share.
VIII. Subpart H--General Award Administration
Section 80.92--How long are funds available for a Federal obligation?
We supplemented Sec. 80.92 by providing a table that describes all
programs and subprograms under the Acts and shows the name of the
program or subprogram, the period of availability for obligation (how
many FFYs), and the disbursement of funds at the end of the period of
availability for obligation. This table clearly shows all sources of
funding and what happens to the funding should it not be obligated
within the period of availability.
Section 80.94--May a State fish and wildlife agency incur costs before
the beginning of the period of performance?
A clause at the end of paragraph (c) of Sec. 80.94 states that the
agency can receive reimbursement for pre-award costs only after the
beginning of the period of performance and, for activities requiring
compliance, only after the compliance is satisfied. This revision
emphasizes that if a State agency receives approval for pre-award costs
that require compliance, the compliance must be completed to the
satisfaction of the Service before reimbursement will be made. For
activities that do not require compliance, reimbursement may be
accomplished as soon as practicable.
Section 80.97--What is barter, and may a State fish and wildlife agency
use barter of goods or services to carry out a grant-funded project?
And section 80.98--How must a State fish and wildlife agency include
barter in an award and report barter transactions?
The final rule published on August 1, 2011 (76 FR 46150),
introduced in the regulations how a State agency may use the barter of
goods and services to carry out a grant-funded project and how barter
must be reported. This revision was in response to audit findings
reported by the Office of the Inspector General in several States and
recommendations that the Service provide clear guidance. In January
2020, the JTF began a process where, annually, OCI sends out a request
for State agencies to submit topics of national concern in the programs
under the Acts for our consideration and possible policy action. In
2021, we received a concern that barter transactions in a State had
again been identified as an audit finding. This situation prompted OCI
to reexamine the topic and determine how States were managing barter
requirements. The JTF supported OCI staff working with the Federal
Assistance Coordinators Working Subcommittee, a group of State
representatives and subject matter experts chartered under the
Association of Fish and Wildlife Agencies, to assist in reaching out to
States and to provide advice on regulatory changes.
Barter is an accounting activity that is addressed under the
Generally Accepted Accounting Principles (GAAP) and the associated
standards for State and local governments set by the Governmental
Accounting Standards Board (GASB). We determined that the current GASB
standard that includes barter transactions was published after
Sec. Sec. 80.97 and 80.98 were set forth in the proposed rule (75 FR
32877, June 10,
[[Page 1884]]
2010) for the August 1, 2011, rule (76 FR 46150), and we were unaware
of the change until consulting with our accounting experts when
reassessing the topic in 2021. Therefore, we amended those sections of
the regulations to reflect current standards. The revised sections
assign the responsibility to each individual State for developing and
maintaining processes that follow GAAP/GASB standards for how to manage
barter transactions within that State fish and wildlife agency. This
revision is consistent with 2 CFR part 200, which requires States to
establish and follow their own processes under existing laws.
The definition for ``barter transactions'' remains the same--that
it is an accounting term and means a nonmonetary exchange (reciprocal
transfer) transaction. The requirement to report barter transactions in
the Federal financial report also remains. The barter exchange needs to
be accounted for according to the GAAP standard. The GAAP standard for
States is dictated by the GASB Statement No. 62. In general, accounting
for nonmonetary transactions should be based on the fair values of the
assets (or services) involved, which is the same basis as that used in
monetary transactions. Therefore, barter could result in an even
exchange when the fair values of the assets exchanged are the same or
result in a gain or a loss when one part of the exchange has a higher
value than the other. A gain could be program income and a loss a
project expense.
In the current regulations, the Service describes cooperative
farming and grazing, a very typical activity with State agencies that
is considered an even-exchange barter transaction. In this rule, we
removed cooperative farming and grazing from Sec. 80.98 not because it
is no longer considered as an even-exchange barter transfer but
because, under the current GASB standard, each State, and not the
Service, is responsible for establishing processes for making those
determinations for their State and then following the resulting
processes. Therefore, any State desiring to include cooperative farming
and grazing as an even-barter exchange must include it in the State's
processes. A State could potentially add more parameters within GAAP/
GASB standards that could benefit the agency's approaches and
objectives. OCI has been providing technical assistance to States
through the Federal Assistance Coordinators Working Subcommittee to
assist them in identifying any existing State policies on barter
transactions and establishing or refining barter policies for the State
fish and wildlife agency to use. By establishing State fish and
wildlife agency policies on barter transactions that meet the standards
established under GASB, and then following those policies, State
agencies may avoid future audit findings related to barter.
One concern related to barter transactions that was brought to our
attention is when a State agency wants to incentivize certain
activities to support its program objectives and offers something of
value to private entities in exchange for a desired action. We do not
address incentives in this rulemaking but did address them in a policy
advisory (Advisory 2020-016, October 15, 2020 (https://fawiki.fws.gov/pages/viewpage.action?pageId=117669889)) when the question was
presented to OCI. We describe an ``incentive'' as something that
motivates or encourages someone to do a desired behavior or action,
that is, it stimulates a reaction or response. An incentive is not a
barter transaction unless it meets the criteria for barter. A State
agency offering incentives to prompt a desired reaction or response may
take many forms, many of which are not barter transactions. When the
incentive is more transactional and includes a nonmonetary exchange on
both ends, it is a barter transaction and must follow the State
processes and the regulations at 50 CFR part 80.
IX. Subpart I--Program Income
Section 80.120--What is program income?
We updated Sec. 80.120 to better align with 2 CFR part 200. To
this section, we added barter transactions as a form of program income
when the value of goods or services received exceeds the value of goods
or services the agency provided.
X. Subpart J--Real Property
We revised the heading of Sec. 80.134 and make one substantive
change to subpart J. We added a new paragraph (e) under Sec. 80.134
stating that real property acquired with license revenue (see Sec.
80.20(b)) must be controlled by the State fish and wildlife agency and
used only for administration of the agency (see Sec. 80.10).
Paragraphs (a) through (d) of Sec. 80.134 address how State agencies
must use real property acquired under an award. The addition of new
paragraph (e) to this section closes the loop by referring to Sec.
80.20(b), which includes real or personal property acquired with
license revenue as ``hunting and fishing license revenue'' that must be
protected, and then back to Sec. 80.10, which requires that hunting
and fishing license revenue be controlled by the State fish and
wildlife agency and used only for the administration of that agency. We
impose no new requirements by adding this new paragraph (e); rather,
this addition aligns the requirements in a meaningful way in the real
property subpart.
XI. Subpart K--Revisions and Appeals
We are not proposing any substantive changes to subpart K.
XII. Subpart L--Information Collection
We are proposing to update subpart L to the current standardized
paragraph for information collection.
Statutory Authority
The authorities for this action are 16 U.S.C. 669 et seq., and 777-
777m, except 777e-1 and g-1.
Required Determinations
E.O. 12866--Regulatory Planning and Review, E.O. 13563--Improving
Regulation and Regulatory Review, and E.O. 14192--Unleashing Prosperity
Through Deregulation
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA has determined that this rule is not
significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
E.O. 13563 directs agencies to consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public where these approaches are relevant, feasible, and consistent
with regulatory objectives. E.O. 13563 emphasizes further that
regulations must be based on the best available science and that the
rulemaking process must allow for public participation and an open
exchange of ideas.
We have developed this rule in a manner consistent with these
requirements. This final rule is an E.O. 14192 deregulatory action.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency publishes a
proposed or final rule, it must prepare and make available for public
comment a regulatory flexibility analysis that
[[Page 1885]]
describes the effects 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
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the RFA to require Federal agencies to provide a certification
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities.
We have examined this rule's potential effects on small entities as
required by the RFA. We have determined that this rule will not have a
significant economic effect on a substantial number of small entities
and does not require a regulatory flexibility analysis because only
eligible State, Territorial, and the District of Columbia fish and
wildlife agencies may receive funding under the Acts and regulations.
Therefore, small entities (small businesses, small organizations, and
small governmental jurisdictions) will not be affected by this rule.
In summary, we have considered whether this rule will result in a
significant economic impact on a substantial number of small entities.
We certify that this rule will not have a significant economic effect
on a substantial number of small entities as defined under the RFA, as
amended. An initial regulatory flexibility analysis is not required.
Accordingly, a small entity compliance guide is not required.
Unfunded Mandates Reform Act
This rule will not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule will not have a significant or unique effect on State,
local, or Tribal governments or the private sector.
(a) As discussed above under Regulatory Flexibility Act, this rule
will not have a significant economic effect on a substantial number of
small entities.
(b) The regulations do not require a small government agency plan
or any other requirement for expending local funds.
(c) The programs governed by the current regulations and enhanced
by the amendments in this document potentially assist small governments
financially when they occasionally and voluntarily participate as
subrecipients of an eligible agency.
(d) The rule clarifies and improves upon the current regulations
allowing State, local, and Tribal governments, and the private sector,
to receive the benefits of financial assistance funding in a more
flexible, efficient, and effective manner.
(e) Any costs incurred by a State, local, or Tribal government or
the private sector are voluntary. There are no mandated costs
associated with the rule other than a required cost share, in some
cases. No cost share is required under this rule for insular areas.
(f) The benefits of grant funding outweigh the costs. Of the 50
States and 6 other jurisdictions that voluntarily are eligible to apply
for grants in these programs each year, all participate. This is clear
evidence that the benefits of this grant funding outweigh the costs.
(g) This rule will 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.
A statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (E.O. 12630)
This rule will not affect a taking of private property or otherwise
have taking implications under E.O. 12630. This rule has no provision
for taking private property. Any real property acquisitions with
private landowners are strictly voluntary and only with willing
sellers. A takings implication assessment is not required.
Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. It will not interfere with the
States' ability to manage themselves or their funds. We work closely
with the States administering these programs. They helped us identify
those sections of the current regulations needing further consideration
and new issues that prompted us to develop a regulatory response. A
federalism summary impact statement is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (E.O. 13175, Department Policy, and
U.S. Fish and Wildlife Service Native American Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined that it will have no substantial
direct effects on federally recognized Indian Tribes and that
consultation under the Department's Tribal consultation policy is not
required. This rule informs States, Territories, and the District of
Columbia as the eligible recipients under the Acts how to apply for
funding, what activities are eligible for funding, and other
administrative requirements. Eligible entities may partner with Indian
Tribes on projects, but Indian Tribes are not eligible to receive funds
directly.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule contains existing and new information collections. All
information collections require approval under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid Office of Management and Budget (OMB)
control number.
The OMB has reviewed and approved the information collection
requirements associated with the administration of financial assistance
through grants and cooperative agreement awards to States, local
governments, Indian Tribes, institutions of higher education, nonprofit
organizations, foreign organizations, foreign public entities, for-
profit entities, and individuals and has assigned OMB Control Number
1018-0100, Administrative Procedures for U.S. Fish and Wildlife Service
Financial Assistance Programs (expires 06/30/2025, and in accordance
with 5 CFR 1320.10, an agency may continue to conduct or sponsor this
collection of information while the submission is pending at OMB).
The proposed revisions to existing and new reporting and/or
recordkeeping requirements identified below require approval by OMB:
(1) (NEW) State Agency Hunting and Sport Fishing License
Certification Revision (50 CFR 80.39)--A State fish and wildlife agency
must submit revised
[[Page 1886]]
certified data on license holders within 90 days after it becomes aware
of errors in its certified data. The State may become ineligible to
participate in the benefits of the relevant Act if the State becomes
aware of errors in its certified data and does not resubmit accurate
certified data within 90 days.
(2) (NEW) Voluntary Display of Program Symbols (50 CFR 80.100)--A
State fish and wildlife agency does not have to display one of the
symbols in Sec. 80.99 on a project completed under the Acts. However,
the Service encourages agencies to display the appropriate symbol as
follows:
a. An agency may display the appropriate symbol(s) on:
1. Areas such as wildlife-management areas, shooting ranges, and
sportfishing and boating-access facilities that were acquired,
developed, operated, or maintained with funds authorized by the Acts;
and
2. Printed or web-based material or other visual representations of
project accomplishments.
b. An agency may establish a requirement for similar standards for
displaying the appropriate symbol or symbols, in the places described
in paragraph (a) of this section, that is passed through to
subrecipients. An agency may require a subrecipient to display the
appropriate symbol or symbols in the places described in paragraph (a)
of this section.
c. The Director or Regional Director may authorize an agency to use
the symbols in a manner other than as described in paragraph (a) of
this section.
d. The Director or Regional Director may authorize other persons,
organizations, agencies, or governments to use the symbols for purposes
related to the Acts by entering into a written agreement with the user.
An applicant must state how it intends to use the symbol(s), to what it
will attach the symbol(s), and the relationship to the specific Act.
e. The user of the symbol(s) must indemnify and defend the United
States and hold it harmless from any claims, suits, losses, and damages
from:
1. Any allegedly unauthorized use of any patent, process, idea,
method, or device by the user in connection with its use of the
symbol(s), or any other alleged action of the user; and
2. Any claims, suits, losses, and damages arising from alleged
defects in the articles or services associated with the symbol(s).
f. The appearance of the symbol(s) on projects or products
indicates that the manufacturer of the product pays excise taxes in
support of the respective Act(s) and that the project was funded under
the respective Act(s) (26 U.S.C. 4161, 4162, 4181, 4182, 9503, and
9504). The Service and the Department of the Interior make no
representation or endorsement whatsoever by the display of the
symbol(s) as to the quality, utility, suitability, or safety of any
product, service, or project associated with the symbol(s).
g. No one may use any of the symbols in any other manner unless the
Director or Regional Director authorizes it. Unauthorized use of the
symbol(s) is a violation of 18 U.S.C. 701 and subjects the violator to
possible fines and imprisonment.
(3) (NEW) Required Display of CVA Program Symbol, Slogan, and
Information (50 CFR 85.43 and 85.47)--Facilities must display
appropriate information signs at pumpout and portable toilet dump
stations. Those signs 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. 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
use the crediting logo identified in 50 CFR 80.99 to identify projects
funded by the Clean Vessel Act.
(4) (REVISION) Adjust previously approved burden estimates as
follows:
Reduce burden estimates due to the archival of the
following programs: 15.641 Wildlife Without Borders--Mexico, 15.633
Landowner Incentive, and 15.656 Recovery Act Funds. We reduce burden
estimates based on the number of awards under these programs that were
pending closeout reports as of our previous clearance.
Increase burden estimates associated with new 15.069
Zoonotic Disease Initiative program. This new program was funded and
then defunded since our last renewal. We increase burden estimates for
only post-award requirements (amendments and reporting) for the 21
awards issued by the program before funding recission.
Increase burden estimates for increased financial
assistance funding and activities resulting from Infrastructure
Investment and Jobs Act (BIL) appropriations supplementing 14 Service
financial assistance programs.
Add the new 15.685 National Fish Passage and 15.686
National Fish Habitat Partnership programs, but we have not proposed a
corresponding increase in burden estimates. These longstanding programs
were previously managed and reported as subprograms under our 15.608
Fish and Wildlife Management Assistance program.
We also propose to renew the existing reporting and/or
recordkeeping requirements identified below:
(1) Application Package--We use the information provided in
applications to: (1) Determine eligibility under the authorizing
legislation and applicable program regulations; (2) determine
allowability of major cost items under the Cost Principles at 2 CFR
part 200; (3) select those projects that will provide the highest
return on the Federal investment; and (4) assist in compliance with
laws, as applicable, such as the National Environmental Policy Act, the
National Historic Preservation Act, and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970. The full
application package (submitted by the applicant) generally includes the
following:
Required Federal financial assistance application forms
(SF-424 suite of forms, as applicable to specified project).
Project Narrative--generally includes items such as:
--Statement of need,
--Project goals and objectives,
--Methods used and timetable,
--Description of key personnel qualifications,
--Description of stakeholders or other relevant organizations/
individuals involved and level of involvement,
--Project monitoring and evaluation plan, and/or
--Other pertinent project-specific information.
Pertinent project budget-related information--generally
includes items such as:
--Budget justification,
--Detail on costs requiring prior approval,
--Indirect cost statement,
--Federally funded equipment list, and/or
--Certifications and disclosures.
(2) Amendments--Recipients must provide written explanation and
submit prior approval requests for budget or project plan revisions,
due date extensions for required reports, or other changes to approved
award terms and conditions. The information provided by the recipient
is used by the Service to determine the eligibility and allowability of
activities and to comply with the requirements of 2 CFR part 200.
(3) Reporting Requirements--Reporting requirements associated with
financial assistance awards generally include the following types of
reports:
[[Page 1887]]
Federal Financial Reports (using the required SF-425),
Performance Reports, and
Real Property Status Reports, when applicable (using the
required SF-429 forms series).
(4) Recordkeeping Requirements--In accordance with 2 CFR 200.334,
financial records, supporting documents, statistical records, and all
other non-Federal entity records pertinent to a Federal award must be
retained for a period of 3 years after the date of submission of the
final expenditure report or, for Federal awards that are renewed
quarterly or annually, from the date of the submission of the quarterly
or annual financial report, respectively, as reported to the Federal
awarding agency or pass-through entity (in the case of a subrecipient)
(unless an exemption as described in 2 CFR 200.334 applies that
requires retention of records longer than 3 years).
(5) Real Property Reporting/Recordkeeping Requirements--Service
recipients purchasing real property under their award in which the
Federal Government retains an interest must report on the status and
request approval to dispose of those per 2 CFR part 200 and 2 CFR part
1402 using the SF-429-A, Real Property Status Report (General
Reporting) and the SF-429-C, Real Property Status Report (Disposition
or Encumbrance Request), as appropriate. For real property acquisition
awards in which the Service will retain an interest, we require
recipients to submit certain information, including:
Transactions, such as dates, method of transfer, title
holder, and seller;
Identifiers, such as State and Federal Record ID, parcel
number, and property name;
Values, such as appraised value, purchase price, and other
cost information, and acres or acre feet;
Encumbrances;
Partners;
Copies of any options, purchase agreements, mineral
assessment reports, and draft conservation easements; and
Documentation to demonstrate compliance with 2 CFR part
1402.
Title of Collection: Administrative Procedures for U.S. Fish and
Wildlife Service Financial Assistance Programs.
OMB Control Number: 1018-0100.
Form Number: FWS Form 3-154.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals/households, private
sector, and State/local/Tribal governments.
Total Estimated Number of Annual Respondents: 15,199.
Total Estimated Number of Annual Responses: 17,170.
Estimated Completion Time per Response: Varies from 15 minutes to
100 hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 403,086.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion, quarterly, or annually,
depending on activity.
Total Estimated Annual Nonhour Burden Cost: None.
On December 2, 2024, we published in the Federal Register (87 FR
59598) a proposed rule (RIN 1018-BB84) that announced our intention to
request OMB approval of the revisions to this collection explained
above and the simultaneous renewal of OMB Control No. 1018-0100. In
that proposed rule, we solicited comments for 60 days on the
information collections in this submission, ending on January 31, 2025.
We received no comments addressing the information collection
requirements in response to that proposed rule.
In accordance with the PRA and its implementing regulations at 5
CFR 1320.8(d)(1), we provide the general public and other Federal
agencies with an opportunity to comment on our proposal to revise OMB
Control Number 1018-0100. This input will help us assess the impact of
our information collection requirements and minimize the public's
reporting burden. It will also help the public understand our
information collection requirements and provide the requested data in
the desired format.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of this information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Comments that you submit in response to this rulemaking are a
matter of public record. Before including your address, phone number,
email address, or other personal identifying information in your
comment, you should be aware that your entire comment--including your
personal identifying information--may be made publicly available at any
time. While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Send your written comments and suggestions on this information
collection by the date indicated in DATES to https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by
selecting ``Currently under Review--Open for Public Comments'' or by
using the search function. Please provide a copy of your comments to
the Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB/PERMA (JAO), 5275 Leesburg Pike, Falls
Church, VA 22041-3803 (mail); or by email to [email protected]. Please
reference OMB Control Number 1018-0100 in the subject line of your
comments.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. The Service has
determined that categorical exclusion 43 CFR 46.210(i) applies as the
regulation is of an administrative nature and no extraordinary
circumstances in 43 CFR 46.215 apply. Therefore, preparation of an
environmental assessment or environmental impact statement associated
with this rulemaking action is not required. Once eligible applicants
have available funding, they will submit project proposals for review
and consideration. Then, an assessment under the National Environmental
Policy Act and appropriate compliance will be completed prior to
awarding a grant.
Effects on Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E. O. 13211. This rule is not a significant regulatory action under
E.O. 12866 or any successor order, and it will have no effect on energy
supply, distribution, or use. A statement of energy effects is not
required.
[[Page 1888]]
List of Subjects in 50 CFR Part 80
Fish, Fishing, Grant programs--natural resources, Grant programs--
recreation, Grants administration, Hunting, Licensing and Registration,
Natural resources, Rates and fares, Real property acquisition,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Signs and symbols, Wildlife.
0
For the reasons discussed in the preamble, we revise 50 CFR part 80 to
read as follows:
PART 80--ADMINISTRATIVE REQUIREMENTS, PITTMAN--ROBERTSON WILDLIFE
RESTORATION AND DINGELL--JOHNSON SPORT FISH RESTORATION ACTS
Subpart A--General
Sec.
80.1 What does this part do?
80.2 What terms do I need to know?
Subpart B--State Fish and Wildlife Agency Eligibility
80.10 Who is eligible to receive the benefits of the Acts?
80.11 [Reserved]
80.12 [Reserved]
Subpart C--License Revenue
80.20 What does revenue from hunting and fishing licenses include?
80.21 What if a State diverts license revenue from the control of
its fish and wildlife agency?
80.22 What must a State do to resolve a declaration of diversion?
80.23 Does a declaration of diversion affect a previous Federal
obligation of funds?
Subpart D--Certifying License Holders
80.30 Why must a State fish and wildlife agency certify the number
of paid license holders?
80.31 How does a State fish and wildlife agency certify the number
of paid license holders?
80.32 What is the certification period?
80.33 How does a State fish and wildlife agency decide who to count
as paid license holders in the annual certification?
80.34 Must a State fish and wildlife agency receive a minimum amount
of revenue for each year a license holder is certified?
80.35 What additional options and requirements apply to multiyear
licenses?
80.36 May a State fish and wildlife agency count license holders in
the annual certification if the agency receives funds from the State
or other entity to cover the holders' license fees?
80.37 May the State fish and wildlife agency certify a license sold
at a discount?
80.38 May a State fish and wildlife agency certify a license when an
entity other than the agency offers a discount on a license or
offers a free license?
80.39 What must a State fish and wildlife agency do if it becomes
aware of errors in its certified license data?
80.40 May the Service recalculate an apportionment if a State fish
and wildlife agency submits revised data?
80.41 May the Director correct a Service error in apportioning
funds?
Subpart E--Eligible Activities
80.50 What activities are eligible for funding under the Wildlife
Restoration Act?
80.51 What activities are eligible for funding under the Sport Fish
Restoration Act?
80.52 What activities are eligible for funding under all programs
and subprograms under the Acts?
80.53 May an activity be eligible for funding if it is not
explicitly eligible according to the regulations in this part?
80.54 Are costs of State central services eligible for funding?
80.55 What activities are ineligible for funding?
80.56 May a State fish and wildlife agency receive an award to carry
out part of a larger project?
80.57 How does a proposed project qualify as substantial in
character and design?
80.58 What are public access requirements for activities in an
approved award under the Wildlife Restoration or Sport Fish
Restoration programs?
Subpart F--Allocation of Funds by an Agency
80.60 What is the relationship between the Traditional Wildlife
Restoration Program, the Basic Hunter Education and Safety
subprogram, and the Enhanced Hunter Education and Safety program for
acquiring land for, expanding, or constructing public target ranges?
80.61 What sources of funding in the Wildlife Restoration Act may a
State fish and wildlife agency use to support public target range
projects, and may funds from multiple sources be used in a single
award?
80.62 What are eligible and ineligible 90/10/5 activities?
80.63 What exception is provided for Enhanced Hunter Education and
Safety program funds in relation to Basic Hunter Education and
Safety subprogram funds?
80.64 What requirements apply to funds for the Recreational Boating
Access subprogram?
80.65 What limitations apply to spending on the Aquatic Resource
Education and the State Outreach and Communications subprograms?
80.66 [Reserved]
80.67 How does a State fish and wildlife agency allocate costs to an
award in multipurpose projects and facilities?
80.68 Must a State fish and wildlife agency allocate funds between
marine and freshwater fisheries projects?
80.69 What requirements apply to allocation of funds between marine
and freshwater fisheries projects?
80.70 May a State fish and wildlife agency finance an activity from
more than one annual apportionment?
80.71 What requirements apply to financing an activity from more
than one annual apportionment?
Subpart G--Applying for an Award
80.80 [Reserved]
80.81 What must a State fish and wildlife agency submit when
applying for a comprehensive-management-system award?
80.82 What must a State fish and wildlife agency submit when
applying for a project-by-project award?
80.83 What is the Federal share of allowable costs?
80.84 How does the Service establish the non-Federal share of
allowable costs?
80.85 What requirements apply to cost sharing?
Subpart H--General Award Administration
80.90 [Reserved]
80.91 What is a Federal obligation of funds, and how does it occur?
80.92 How long are funds available for a Federal obligation?
80.93 When may a State fish and wildlife agency incur costs under an
award?
80.94 May a State fish and wildlife agency incur costs before the
beginning of the period of performance?
80.95 How does a State fish and wildlife agency receive Federal
award funds?
80.96 May a State fish and wildlife agency use Federal funds without
using cost sharing?
80.97 What is barter, and may a State fish and wildlife agency use
barter of goods or services to carry out a grant-funded project?
80.98 How must a State fish and wildlife agency include barter in an
award and report barter transactions?
80.99 Are symbols available to identify projects?
80.100 Must a State fish and wildlife agency display one of the
symbols set forth in this part on a completed project?
Subpart I--Program Income
80.120 What is program income?
80.121 [Reserved]
80.122 May a State fish and wildlife agency deduct the costs of
generating program income from gross income?
80.123 [Reserved]
80.124 How may a State fish and wildlife agency use unexpended
program income?
80.125 How must a State fish and wildlife agency treat income that
it earns after the period of performance?
80.126 How must a State fish and wildlife agency treat income earned
by a subrecipient after the period of performance?
Subpart J--Real Property
80.130 Must a State fish and wildlife agency hold title to real
property acquired under an award?
80.131 Must a State fish and wildlife agency hold an easement
acquired under an award?
[[Page 1889]]
80.132 Must a State fish and wildlife agency have control over the
land or water where it completes capital improvements?
80.133 Must a State fish and wildlife agency maintain acquired or
completed capital improvements?
80.134 How must a State fish and wildlife agency use real property?
80.135 What if a State fish and wildlife agency allows a use of real
property that interferes with its authorized purpose?
80.136 Is it a diversion if a State fish and wildlife agency does
not use real property acquired under an award for its authorized
purpose?
80.137 What if real property is no longer useful or needed for its
original purpose?
Subpart K--Revisions and Appeals
80.150 How does a State fish and wildlife agency revise an award?
80.151 May a State fish and wildlife agency appeal a decision?
Subpart L--Information Collection
80.160 What are the information collection requirements of this
part?
Authority: 16 U.S.C. 669 et seq., except for provisions
specific to the Wildlife Conservation and Restoration program, and
777-777m, except 777e-1 and g-1.
Subpart A--General
Sec. 80.1 What does this part do?
This part of the Code of Federal Regulations tells States how they
may:
(a) Use revenues derived from State hunting and fishing licenses in
compliance with the Acts.
(b) Receive annual apportionments from the Federal Aid to Wildlife
Restoration Fund (16 U.S.C. 669(b)), if authorized, and the Sport Fish
Restoration and Boating Trust Fund (26 U.S.C. 9504).
(c) Receive Federal financial assistance awards for eligible
activities under the Traditional Wildlife Restoration program, the
Basic Hunter Education and Safety subprogram, and the Enhanced Hunter
Education and Safety program, including those authorized for hunter
recruitment and recreational shooter recruitment under 16 U.S.C. 669c.
(d) Receive Federal financial assistance awards for eligible
activities under the Sport Fish Restoration program, the Recreational
Boating Access subprogram, the Aquatic Resources Education subprogram,
and the State Outreach and Communications subprogram.
(e) Comply with the requirements of the Acts.
Sec. 80.2 What terms do I need to know?
The terms in this section pertain only to the regulations in this
part.
90/10/5 means activities authorized under Public Law 116-17 for
acquiring land for, expanding, or constructing public target ranges
that apply a 90 percent Federal/10 percent non-Federal cost share and a
5-year period of availability for obligation.
Acquisition of real property means taking ownership or control of a
designated area of land or an interest in land by purchase, assignment,
reversion, gift, eminent domain, or any other method consistent with
State or Federal law. The purpose of the acquisition must be for an
eligible activity to meet the objective of an award.
Acts means the Pittman-Robertson Wildlife Restoration Act of
September 2, 1937 (Wildlife Restoration Act), as amended (16 U.S.C. 669
et seq., except for provisions specific to the Wildlife Conservation
and Restoration program), and the Dingell-Johnson Sport Fish
Restoration Act of August 9, 1950 (Sport Fish Restoration Act), as
amended (16 U.S.C. 777-777m, except 777e-1 and g-1).
Allocate means the process by which States work with the Service to
assign apportioned funds to a specific subaccount based on the eligible
uses. Once allocated, the funding becomes available for obligation to
Federal awards for eligible program activities.
Allowable refers to those costs that meet the general criteria to
be charged to a Federal financial assistance award and comply with the
basic considerations at 2 CFR 200.402 through 200.411, as well as the
general principles for selected items of cost at 2 CFR 200.420 through
200.476.
Angler means a person who fishes for recreational purposes as
permitted by State and/or Federal law.
Apportioned funds are those that are made available to a State
based on formulas in the Acts. Traditional Wildlife Restoration program
funds are apportioned using the formula at 16 U.S.C. 669c(b); Basic
Hunter Education and Safety subprogram funds are apportioned using the
formula at 16 U.S.C. 669c(c); Enhanced Hunter Education and Safety
program funds are apportioned using the formula at 16 U.S.C. 669c(c)
and according to the criteria at 16 U.S.C. 669h-1(a); and Sport Fish
Restoration program funds are apportioned using the formula at 16
U.S.C. 777c(c).
Asset means all tangible and intangible real and personal property
of monetary value. This includes ``capital assets'' as defined at 2 CFR
200.1, ``equipment'' as defined at 2 CFR 200.1, and real property of
any value.
Award or grant has the same meaning as ``Federal award'' as defined
at 2 CFR 200.1. The regulations in this part use the terms ``award'' or
``grant'' for both a grant and a cooperative agreement for convenience
of reference, and the use does not affect the legal distinction between
the two instruments. An award includes all ``project costs'' as defined
at 2 CFR 200.1. We use the term ``grant'' when making references to
programs (i.e., a grant program).
Capital improvement or capital expenditure for improvement means:
(1) A structure that costs at least $25,000 to build, acquire, or
install; or the alteration or repair of a structure or the replacement
of a structural component, if it increases the structure's useful life
by at least 10 years or its market value by at least $25,000.
(2) A State fish and wildlife agency may use its own definition of
``capital improvement'' if the agency's definition includes all capital
improvements as defined here.
Comprehensive management system (CMS) is a State fish and wildlife
agency's method of operations that links programs, financial systems,
human resources, goals, products, and services. When using a CMS method
of operations, a State fish and wildlife agency assesses the current,
projected, and desired status of fish and wildlife; develops a
strategic plan and carries it out through an operational planning
process; and evaluates results. The planning period is at least 5 years
using a minimum 15-year projection of the desires and needs of the
State's citizens. A CMS award funds all or part of a State's CMS. For
those States that employ a CMS method of operations, where we refer to
a ``project statement'' in the regulations in this part, a CMS State
might refer to activities as part of its ``operational plan.''
Construction means the act of building or significantly renovating,
altering, or repairing a structure. Acquiring, clearing, and reshaping
land and demolishing structures are types or phases of construction.
Examples of structures are buildings, roads, parking lots, utility
lines, fences, piers, wells, pump stations, ditches, dams, dikes,
water-control structures, fish-hatchery raceways, and shooting ranges.
For the purposes of 90/10/5 projects (acquiring land for, expanding, or
constructing public target ranges), constructing means building a
public target range (see Sec. Sec. 80.60 and 80.62, 16 U.S.C.
669g(b)(2) and 669h-1(b)(2)).
Cost sharing has the same meaning as at 2 CFR 200.1. Cost sharing
must meet the requirements at 2 CFR 200.306(b)(1) through (7) and
Sec. Sec. 80.83 through 80.85.
Director has the same meaning as at 50 CFR 1.4 and, for the
purposes of this part, means:
[[Page 1890]]
(1) The person whom the Secretary delegated to administer the Acts
nationally; or
(2) A deputy or another person authorized temporarily to administer
the Acts nationally.
Diversion means any use of revenue from hunting and fishing
licenses for a purpose other than administration of the State fish and
wildlife agency.
Eligible refers to activities or actions for a Federal financial
assistance program that are authorized by Congress through a statute or
by Federal agency regulations to accomplish a public purpose under that
program.
Equipment has the same meaning as at 2 CFR 200.1.
Expanding means, for the purposes of projects for acquiring land
for, expanding, or constructing public target ranges (90/10/5),
physical improvements to an existing public target range that add to
the utility of the range in a manner that ultimately increases range
capacity to accommodate more participants. Physical improvements do not
necessarily have to increase the size of the facility but must result
in an increase in physical usability that will accommodate more
participants.
Facility means the physical infrastructure and appurtenances
necessary to support purposes under the Acts. The physical
infrastructure includes land.
Federal fiscal year (FFY) means the annual period the Federal
Government uses for budgets and accounting, beginning October 1 and
ending September 30.
Fee interest means the right to possession, use, and enjoyment of a
parcel of land or water for an indefinite period. A fee interest, as
used in this part, may be the:
(1) Fee simple or full-fee interest, which includes all possible
interests or rights that a person or legal entity can hold in a parcel
of real property (land or water); or
(2) Fee with exceptions to title or less-than-full-fee interest,
which excludes one or more real property interests that would otherwise
be part of the fee simple.
Fiscal year, for the purposes of determining the number of paid
hunting- or fishing-license holders in a State, means the State-
determined (State fiscal year or license year) period that it
identifies to certify license holders.
Fish restoration and management project means the restoration and
management of any species of fish that has material value in connection
with sport or recreation (see Sport fish) in the marine and/or fresh
waters of the United States.
Hunter recruitment and recreational shooter recruitment means any
activity or project to recruit or retain and, for the purposes of the
regulations in this part, reactivate hunters and recreational shooters
including by:
(1) Outreach and communications as a means--
(i) To improve communications with hunters, recreational shooters,
and the public with respect to hunting and recreational shooting
opportunities;
(ii) To reduce barriers to participation in these activities;
(iii) To advance the adoption of sound hunting and recreational
shooting practices;
(iv) To promote conservation and the responsible use of the
wildlife resources of the United States; and
(v) To further safety in hunting and recreational shooting.
(2) Providing education, mentoring, and field demonstrations;
(3) Enhancing access for hunting and recreational shooting,
including through range construction; and
(4) Providing education to the public about the role of hunting and
recreational shooting in funding wildlife conservation.
Law enforcement means enforcing laws, orders, and regulations.
Lease means an agreement in which the owner of a fee interest
transfers to a lessee the right of exclusive possession and use of an
area of land or water for a fixed period, which may be renewable. The
lessor cannot readily revoke the lease at their discretion. The lessee
pays rent periodically or as a single payment. The lessor must be able
to regain possession of the lessee's interest (leasehold interest) at
the end of the lease term. An agreement that does not correspond to
this definition is not a lease even if it is labeled as one.
Maintenance means keeping a facility or equipment in a condition to
serve the intended purpose. It includes recurring, cyclical, or
occasional actions to keep a facility or equipment fully functional
that are less than the threshold for a capital improvement or capital
expenditure for improvement. It does not include operations. Examples
of maintenance activities include but are not limited to:
(1) Routine upkeep for physical and mechanical parts of a facility;
and
(2) Replacing components of a facility or a piece of equipment that
are expected to need replacement during its useful life.
Obligation has two meanings depending on the context:
(1) When a recipient of Federal financial assistance commits funds
by incurring costs for purposes of the award, the definition for
``financial obligations'' at 2 CFR 200.1 applies.
(2) When the Service sets aside funds in an award for disbursement
immediately or at a later date in the formula-based programs under the
Acts, the definition at Sec. 80.91 applies.
Operations means supporting the availability of a facility and its
components for current public or other intended use. Operations include
necessary activities that occur frequently (daily, weekly, monthly).
The term does not include maintenance. Operations may be divided into
the categories of physical or administrative. Examples include but are
not limited to:
(1) Physical activities such as trash removal, portable toilet
services, and utility costs; and
(2) Administrative operations such as personnel costs to manage and
keep a facility open.
Period of performance has the same meaning as at 2 CFR 200.1.
Personal property means anything tangible or intangible that is not
real property.
(1) Tangible personal property includes:
(i) Objects, such as equipment and supplies, that are movable
without substantive damage to the land or any structure to which they
may be attached and not considered an inherent part of the land;
(ii) Soil, rock, gravel, minerals, gas, oil, or water after
excavation or extraction from the surface or subsurface;
(iii) Commodities derived from trees or other vegetation after
harvest or separation from the land; and
(iv) Annual crops before or after harvest.
(2) Intangible personal property has the same meaning as at 2 CFR
200.1 and includes:
(i) Intellectual property, such as patents or copyrights;
(ii) Securities, such as bonds and interest-bearing accounts; and
(iii) Licenses, which are personal privileges (not a real property
interest) granted by consent of a landowner, lessee, or tenant to use
an area of land or water that would otherwise be trespass or another
violation of law, with at least one of the following attributes:
(A) Are revocable at the discretion of the entity consenting to the
license;
(B) Terminate when the area of land or water passes to another
owner, the lease or tenancy ends, or the landowner, lessee, or tenant
dies; or
(C) Do not transfer a right of exclusive use and possession of an
area of land or water.
[[Page 1891]]
Project means one or more related undertakings in a project-by-
project award that are necessary to fulfill a need or needs, as defined
by a State fish and wildlife agency, consistent with the purposes of
the appropriate Act. For convenience of reference in this part, the
meaning of ``project'' includes an agency's fish and wildlife program
under a CMS award.
Project-by-project award means an award of money based on a
detailed statement of a project, or projects, and other supporting
documentation.
Public means of, relating to, or affecting all people in general.
Public access means the public has opportunity, permission, and/or
ability to enter, approach, pass to, from, and within, and
appropriately use a place/facility for an authorized purpose (see Sec.
80.58 for further requirements).
Public target range, including mobile public target ranges and
privately owned target ranges during those times when open for public
use, means a specific location that--
(1) Is identified by a governmental agency for recreational
shooting;
(2) Is open to the public;
(3) May be supervised; and
(4) May accommodate archery or rifle, pistol, or shotgun shooting.
Public relations means those activities dedicated to maintaining
the image of the non-Federal entity (recipient or subrecipient) or
maintaining or promoting understanding and favorable relations with the
community, public at large, or any segment of the public. This term
could include communicating with the public about specific activities
or accomplishments resulting from approved projects or communication
and liaison necessary to keep the public informed on matters of public
concern such as notices of funding opportunities. (See also
``advertising and public relations'' in 2 CFR part 200).
R3 means to recruit, retain, and/or reactivate members of the
public to actively participate in the outdoor recreational activities
of hunting, angling, boating, and recreational shooting. State fish and
wildlife agencies and other involved partners may define R3 more
broadly, but agencies must use funds under the Acts only for activities
that are eligible under the regulations in this part.
Real property means one, several, or all interests, benefits, and
rights inherent in the ownership of a parcel of land or water. Examples
of real property include fees, conservation easements, access
easements, utility easements, and mineral rights. A leasehold interest
is also real property except in those States where the State attorney
general provides an official opinion that determines a lease is
personal property under State law.
(1) A parcel includes (unless limited by its legal description) the
space above and below it and anything physically affixed to it by a
natural process or human action. Examples include standing timber,
other vegetation (except annual crops), buildings, roads, fences, and
other structures.
(2) A parcel may also have rights attached to it by a legally
prescribed procedure. Examples include water rights or an access
easement that allows the parcel's owner to travel across an adjacent
parcel.
(3) The legal classification of an interest, benefit, or right
depends on its attributes rather than the name assigned to it. For
example, a grazing permit is often incorrectly labeled a lease, which
can be real property, but most grazing permits are actually licenses,
which are not real property.
Recipient for the purposes of the regulations in this part means
the entities eligible to receive apportionments under the Acts (see
Sec. 80.10).
Regional Director has the same meaning as at 50 CFR 1.7. This
person's responsibility does not extend to any administrative units
that the Service's Washington Office supervises directly in that
geographic region.
Secretary has the same meaning as at 50 CFR 1.8.
Service has the same meaning as at 50 CFR 1.3.
Sport fish means aquatic, gill-breathing, vertebrate animals with
paired fins, having material value for recreation in the marine and
fresh waters of the United States.
State means any State of the United States, the Commonwealth of
Puerto Rico, and the insular areas of the Commonwealth of the Northern
Mariana Islands, the Territory of Guam, the Territory of the U.S.
Virgin Islands, and the Territory of American Samoa.
(1) ``State'' also includes the District of Columbia for purposes
of the Sport Fish Restoration Act, the Sport Fish Restoration program,
and its subprograms. ``State'' does not include the District of
Columbia for purposes of the Wildlife Restoration Act and the programs
and subprogram under the Act because the Wildlife Restoration Act does
not authorize funding for the District.
(2) References to ``the 50 States'' apply only to the 50 States of
the United States and do not include the Commonwealths of Puerto Rico
and the Northern Mariana Islands, the District of Columbia, or the
Territories of Guam, the U.S. Virgin Islands, and American Samoa.
State fish and wildlife agency (or agency) means the administrative
unit designated by State law or regulation to carry out State laws for
management of fish and wildlife resources. If an agency has other
jurisdictional responsibilities, the agency is considered the State
fish and wildlife agency only when exercising responsibilities specific
to management of the State's fish and wildlife resources.
Subaccount (and account) means the fiscal management designation
used in the Service's financial system to identify funds by program and
subprogram allocation (see Sec. 80.61 for a description of subaccounts
and the financial system). Different subaccounts also distinguish
between benefits to marine or freshwater fisheries in the programs and
subprograms authorized by the Sport Fish Restoration Act.
Subaward has the same meaning as at 2 CFR 200.1 A subaward may
serve as a third-party binding agreement where required.
Subrecipient has the same meaning as at 2 CFR 200.1.
Traditional Wildlife Restoration program, for the purposes of the
regulations in this part and associated policies, means the activities
that are funded under apportionments authorized at 16 U.S.C. 669c(b),
which reflects the original program funded under the Wildlife
Restoration Act of 1937 (see eligible activities at Sec. 80.50(a)). We
use this term for clarity when administering awards, as many eligible
activities are specific to funding sources within the Act.
Useful life means the period during which a federally funded
capital improvement, capital asset, or equipment is capable of
fulfilling its intended purpose with adequate routine maintenance.
Wildlife means the indigenous or naturalized species of birds or
mammals that are either:
(1) Wild and free-ranging;
(2) Held in a captive-breeding program established to reintroduce
individuals of a depleted indigenous species into previously occupied
range; or
(3) Under the jurisdiction of a State fish and wildlife agency.
Wildlife restoration project means the selection, restoration,
rehabilitation, and improvement of areas of land or water adaptable as
feeding, resting, or breeding places for wildlife, including
acquisition of such areas or estates or interests therein as are
suitable or capable of being made suitable therefor,
[[Page 1892]]
and the construction thereon or therein of such works as may be
necessary to make them available for such purposes and also including
such research into problems of wildlife management as may be necessary
to efficient administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be incurred in and
about those projects.
Subpart B--State Fish and Wildlife Agency Eligibility
Sec. 80.10 Who is eligible to receive the benefits of the Acts?
States acting through their fish and wildlife agencies are eligible
for benefits of the Acts only if they pass and maintain legislation as
described in the Acts and maintain control of revenue from hunting and
fishing licenses. This revenue is to be used for administration of the
State fish and wildlife agency, which includes the functions required
to manage the agency and the fish- and wildlife-related resources for
which the agency has authority under State law. A State becomes
ineligible to receive the benefits of the Acts if they fail materially
to comply with any law, regulation, or term of a grant as it relates to
acceptance and use of funds under the Acts.
Sec. 80.11 [Reserved]
Sec. 80.12 [Reserved]
Subpart C--License Revenue
Sec. 80.20 What does revenue from hunting and fishing licenses
include?
Hunting and fishing license revenue includes:
(a) All proceeds from State-issued general or special hunting and
fishing licenses, permits, stamps, tags, access and use fees, and other
State charges to hunt or fish for recreational purposes. Revenue from
licenses sold by vendors is net income to the State after deducting
reasonable sales fees or similar amounts retained by vendors.
(b) Real or personal property acquired with license revenue.
(c) Income from the sale, lease, or rental of, granting rights to,
or a fee for access to real or personal property acquired or
constructed with license revenue.
(d) Income from the sale, lease, or rental of, granting rights to,
or a fee for access to a recreational opportunity, product, or
commodity derived from real or personal property acquired, managed,
maintained, or produced by using license revenue.
(e) Interest, dividends, or other income earned on license revenue.
(Although surplus or excess license revenue not needed for immediate
administration of the State fish and wildlife agency is license
revenue, use of such revenue for deposit or investment with the State
[treasurer/fiscal agent/fiduciary agent] does not constitute a loss of
control and would not be a diversion under Sec. 80.21.)
(f) Reimbursements for expenditures originally paid with license
revenue.
(g) Payments received for services funded by license revenue.
Sec. 80.21 What if a State diverts license revenue from the control
of its fish and wildlife agency?
The Director may declare a State to be in diversion if it violates
the requirements of Sec. 80.10 by diverting license revenue from the
control of its fish and wildlife agency to purposes other than the
agency's administration. The State is then ineligible to receive
benefits under the relevant Act from the date the Director signs the
declaration until the date the State resolves the diversion. Only the
Director may declare a State to be in diversion, and only the Director
may rescind the declaration.
Sec. 80.22 What must a State do to resolve a declaration of
diversion?
The State must complete the actions in paragraphs (a) through (e)
of this section to resolve a declaration of diversion. The State must
use a source of funds other than license revenue to fund the
replacement of license revenue.
(a) If necessary, the State must enact adequate legislative
prohibitions to prevent diversions of license revenue.
(b) The State fish and wildlife agency must replace all diverted
funds derived from license revenue and the interest lost up to the date
of repayment. The agency must update financial records for the receipt
of the diverted funds and interest accordingly.
(c) The agency must receive either the revenue earned from diverted
property during the period of diversion or the current market rental
rate of any diverted property, whichever is greater.
(d) The agency must take one of the following actions to resolve a
diversion of real, personal, or intellectual property:
(1) Regain management control of the property, which must be in
about the same condition as before diversion;
(2) Receive replacement property that meets the criteria in
paragraph (e) of this section; or
(3) Receive an amount at least equal to the current market value of
the diverted property only if the Director agrees that the actions
described in paragraphs (d)(1) and (2) of this section are impractical.
(e) To be acceptable under paragraph (d)(2) of this section:
(1) Replacement property must have both:
(i) Market value that at least equals the current market value of
the diverted property; and
(ii) Fish or wildlife benefits that at least equal those of the
property diverted.
(2) The Director must agree that the replacement property meets the
requirements of paragraph (e)(1) of this section.
Sec. 80.23 Does a declaration of diversion affect a previous Federal
obligation of funds?
No. Federal funds obligated before the date that the Director
declares a diversion remain available for expenditure without regard to
the intervening period of the State's ineligibility. See Sec. 80.91
for when a Federal obligation occurs.
Subpart D--Certifying License Holders
Sec. 80.30 Why must a State fish and wildlife agency certify the
number of paid license holders?
A State fish and wildlife agency must certify the number of
individuals having paid licenses to hunt and paid licenses to fish
because the Service uses these data in statutory formulas to apportion
funds in the Wildlife Restoration and Sport Fish Restoration programs
among the States.
Sec. 80.31 How does a State fish and wildlife agency certify the
number of paid license holders?
(a) A State fish and wildlife agency certifies the number of paid
license holders by responding to the Director's annual request for the
following information:
(1) The number of individual paid hunting license holders in the
State during the State-specified certification period (certification
period); and
(2) The number of individual paid fishing license holders in the
State during the certification period.
(b) The State fish and wildlife agency director or their designee:
(1) Must certify the information described at paragraph (a) of this
section in the format that the Director specifies;
(2) Must provide documentation to support the accuracy of this
information at the Director's request;
(3) Is responsible for eliminating multiple counting of the same
individuals in the information that they certify and may use
statistical sampling,
[[Page 1893]]
automated record consolidation, or other techniques approved by the
Director for this purpose.
(c) If a State fish and wildlife agency director uses statistical
sampling to eliminate multiple counting of the same individuals, they
must ensure that the sampling is complete by the earlier of the
following:
(1) Five years after the last statistical sample; or
(2) Before completing the first certification following any change
in the licensing system that could affect the number of license
holders.
Sec. 80.32 What is the certification period?
A certification period must:
(a) Be 12 consecutive months;
(b) Correspond to the State's fiscal year or license year;
(c) Be consistent from year to year unless the Director approves a
change; and
(d) End at least 1 year and no more than 2 years before the
beginning of the FFY in which the apportioned funds first become
available for expenditure.
Sec. 80.33 How does a State fish and wildlife agency decide who to
count as paid license holders in the annual certification?
(a) A State fish and wildlife agency must count only those
individuals who have a license issued:
(1) In the license holder's name; or
(2) With a unique identifier that is traceable to the license
holder, who must be verifiable in State records.
(b) An agency must count an individual in the annual certification:
(1) Only once, and in the certification period in which the license
first becomes valid, when holding a single-year license. A single-year
license is valid for any length of time from 1 day to less than 2
years. If valid 2 years or more, a license is considered a multiyear
license and may be valid for a specific number of years that is 2 or
more, or for the lifetime of the individual (see Sec. 80.35(d)).
(2) Only for the number of years the license is valid and starting
in the certification period in which the license first becomes valid,
unless that year has already been certified in the case of multiyear
licenses. An individual holding a multiyear license may be counted for
only the number of years the license is valid and only during the
applicable certification periods.
(3) Only for the number of years allowed under Sec. 80.35, when
holding a lifetime license.
(c) An individual is counted as a valid license holder when meeting
requirements at Sec. 80.34, even if the individual is not required to
have a paid license.
(d) An individual having more than one valid hunting license is
counted only once each certification period as a hunter. An individual
having more than one valid fishing license is counted only once each
certification period as an angler. An individual having both a valid
hunting license and a valid fishing license, or a valid combination
hunting/fishing license, may be counted once each certification period
as a hunter and once each certification period as an angler. The
license holder may have voluntarily obtained the license(s) or was
required to obtain the license(s) to receive a different privilege.
(e) An individual who has a license that allows the license holder
only to trap animals or only to engage in commercial fishing or other
commercial activities must not be counted.
Sec. 80.34 Must a State fish and wildlife agency receive a minimum
amount of revenue for each year a license holder is certified?
(a) Yes. A State fish and wildlife agency must receive a minimum
amount of gross revenue for each year a license holder is certified.
(b) For the State fish and wildlife agency to certify a license
holder, the agency must establish that it receives the following
minimum gross revenue:
(1) $2 for each year the license is certified, for either the
privilege to hunt or the privilege to fish; or
(2) $4 for each year the license is certified for a combination
license that gives privileges to both hunt and fish.
Sec. 80.35 What additional options and requirements apply to
multiyear licenses?
In addition to the requirements at Sec. 80.34, the following
provisions apply to multiyear licenses:
(a) An agency may spend the proceeds derived from a multiyear
license fee as soon as the agency receives payment.
(b) A multiyear license may be valid for either a specific or
indeterminate number of years, but it must be valid for at least 2
years.
(c) The agency may count a license holder for the number of
certification periods for which all the following requirements are met:
(1) The license holder meets all other requirements of this
subpart;
(2) The license is currently valid;
(3) The agency received the minimum required revenue for each
certification period during the duration of the license, in the case of
a multiyear license with a specified ending date;
(4) The license holder remains alive (see paragraph (d) of this
section), in the case of a lifetime license or other license with no
specified ending date; and
(5) If the license is valid for less than the number of years that
it meets the minimum required revenue, or the license exceeds the life
expectancy of the holder, the agency may count the license holder only
for the number of years during which all certification requirements are
met. For example, an agency may count for 12 certification periods a
license holder who purchased a single-privilege, multiyear license that
sells for $25 and is valid for at least 12 years.
(d) The agency must use and document a reasonable technique for
deciding how many multiyear-license holders remain alive in the
certification period. Some examples of reasonable techniques are
specific identification of license holders, statistical sampling, life-
expectancy tables, and mortality tables. The agency may instead use 80
years of age as a default for life expectancy.
(e) For currently valid multiyear licenses sold prior to September
26, 2019 (the effective date of the rule promulgated at 84 FR 44772,
August 27, 2019), an agency may apply the provisions of Sec. 80.34 to
those multiyear licenses under the following situations:
(1) All the requirements in paragraph (c) of this section are met.
(2) The agency may count a multiyear license holder only once in
any certification period (see Sec. 80.33) when the license holder
purchased another license with the same privilege within an allowable
future certification period.
(3) An agency must count the license holder only for the
appropriate number of current or future certification periods. The
provisions of Sec. 80.34 are not retroactive to past certification
periods.
(4) For an illustration of the applications provided in this
paragraph (e), see table 1 to paragraph (e):
[[Page 1894]]
Table 1 to Paragraph (e)--Scenarios for Counting License Holders Under
the Requirements for Gross Revenue at Sec. 80.34
[For use in counting valid multiyear licenses sold prior to September
26, 2019.]
------------------------------------------------------------------------
An agency sold a single-privilege multiyear license, valid for 10 years,
for $100 in 2014 (term of license 2014-2023):
-------------------------------------------------------------------------
Scenario 1 Scenario 2
------------------------------------------------------------------------
The agency spent the money and was The agency invested the funds into
able to count the license during an annuity that produced enough
only one certification period income to allow the license holder
based on the regulations to be counted in all certification
promulgated in 2014. periods since the date of the
license sale.
Applying the standard at Sec. Applying the standard at Sec.
80.34(b)(1) to the original 80.34(b)(1) to the original
license cost results in a license cost results in a
potential for 50 certification potential for 50 certification
periods ($100/$2 per year = 50). periods ($100/$2 per year = 50).
After subtracting the 1 After subtracting the 6 (2014-2019)
certification period that was certification periods already
already counted, 49 potential counted, 44 potential
certification periods remain. certification periods remain.
Because the license is valid for Because the license is valid for
only 10 years, and through 2023, only 10 years, under scenario 2
under scenario 1 the agency could the agency could count the license
count the license holder only from holder in an additional four (2020-
2019 through the end of the term 2023) certification periods.
of the license (2023) or an
additional five certification
periods.
------------------------------------------------------------------------
Sec. 80.36 May a State fish and wildlife agency count license
holders in the annual certification if the agency receives funds from
the State or other entity to cover the holders' license fees?
If a State fish and wildlife agency receives funds from the State
or other entity to cover fees for some license holders, the agency may
count those license holders in the annual certification only under the
following conditions:
(a) The State funds to cover license fees must come from a source
other than hunting- and fishing-license revenue.
(b) The State must identify funds to cover license fees separately
from other funds provided to the agency.
(c) The State fish and wildlife agency must receive at least the
average amount of State-provided discretionary funds that it received
for the administration of the State's fish and wildlife agency during
the State's 5 previous fiscal years.
(1) State-provided discretionary funds are those from the State's
general fund that the State may increase or decrease if it chooses to
do so.
(2) Some State-provided funds are from special taxes, trust funds,
gifts, bequests, or other sources specifically dedicated to the support
of the State fish and wildlife agency. These funds typically fluctuate
annually due to interest rates, sales, or other factors. They are not
discretionary funds for purposes of this part as long as the State does
not take any action to reduce the amount available to its fish and
wildlife agency.
(d) The State fish and wildlife agency must receive and account for
the State or other entity funds as license revenue.
(e) The State fish and wildlife agency must issue licenses in the
license holder's name or by using a unique identifier that is traceable
to the license holder, who is verifiable in State records.
(f) The license fees must meet all other requirements in this part.
Sec. 80.37 May the State fish and wildlife agency certify a license
sold at a discount?
Yes. A State fish and wildlife agency may certify a license that is
sold at a discount if the agency meets the rules for minimum gross
revenue at Sec. 80.34.
Sec. 80.38 May a State fish and wildlife agency certify a license
when an entity other than the agency offers a discount on a license or
offers a free license?
A State fish and wildlife agency may certify a license when an
entity other than the agency offers a license that costs less than the
regulated price only if:
(a) The license is issued to the individual according to the
requirements at Sec. 80.33;
(b) The amount received by the agency meets all other requirements
in this subpart; and
(c) The license meets any other conditions required by the agency.
Sec. 80.39 What must a State fish and wildlife agency do if it
becomes aware of errors in its certified license data?
A State fish and wildlife agency must submit revised certified data
on license holders within 90 days after it becomes aware of errors in
its certified data. The State may become ineligible to participate in
the benefits of the relevant Act if the State becomes aware of errors
in its certified data and does not resubmit accurate certified data
within 90 days.
Sec. 80.40 May the Service recalculate an apportionment if a State
fish and wildlife agency submits revised data?
The Service may recalculate an apportionment of funds based on
revised certified license data under the following conditions:
(a) If the Service receives revised certified data for a pending
apportionment before the Director approves the final apportionment, the
Service may recalculate the pending apportionment.
(b) If the Service receives revised certified data for an
apportionment after the Director has approved the final version of that
apportionment, the Service may recalculate the apportionment only if it
would not reduce funds to other State fish and wildlife agencies.
Sec. 80.41 May the Director correct a Service error in apportioning
funds?
Yes. The Director may correct any error that the Service makes in
apportioning funds.
Subpart E--Eligible Activities
Sec. 80.50 What activities are eligible for funding under the
Wildlife Restoration Act?
The following activities are eligible for funding in these programs
and subprograms under the Wildlife Restoration Act:
(a) Traditional Wildlife Restoration program. The following
wildlife restoration projects and other associated activities are
eligible for funding under apportionments authorized at 16 U.S.C.
669c(b).
(1) Restoring and managing wildlife for the benefit of the public.
(2) Conducting research on the problems of managing wildlife and
its habitat if necessary to administer wildlife resources efficiently.
This research may include social science activities.
(3) Obtaining data to guide and direct the regulation of hunting.
(4) Acquiring real property suitable or capable of being made
suitable for:
[[Page 1895]]
(i) Wildlife habitat or management;
(ii) Providing public access for hunting or other wildlife-oriented
recreation; or
(iii) Supporting other eligible activities described under this
paragraph (a), including maintaining and operating property under the
ownership or management control of the State fish and wildlife agency
and that support eligible activities under the Wildlife Restoration
Act.
(5) Wildlife restoration projects for restoring, rehabilitating,
improving, managing, or maintaining areas of lands or waters as
wildlife habitat.
(6) Building structures or acquiring equipment, goods, and services
for:
(i) Restoring, rehabilitating, or improving lands or waters as
wildlife habitat;
(ii) Supporting wildlife management;
(iii) Providing public access for hunting or other wildlife-
oriented recreation; or
(iv) Supporting other eligible activities described under this
paragraph (a), including maintaining and operating equipment under the
ownership or management control of the State fish and wildlife agency
and that support eligible activities under the Wildlife Restoration
Act.
(7) Acquiring land for, expanding, or constructing public target
ranges following the requirements of Sec. 80.60 when combining up to
10 percent of annually apportioned Traditional Wildlife Restoration
funds (16 U.S.C. 669c(b)) with Enhanced Hunter Education and Safety
funds (16 U.S.C. 669h-1). When Traditional Wildlife Restoration funds
are committed to the Wildlife Restoration for Public Target Ranges 90/
10/5 subaccount, they are no longer eligible for Traditional Wildlife
Restoration activities.
(8) Communicating with the public (see Sec. 80.52(h)), including:
(i) Outreach and sharing information on award activities,
accomplishments, performance, or other communication related to meeting
the objectives of an award;
(ii) Providing the public with information on Wildlife Management
Areas; public access for hunting or other wildlife-associated
recreation; notices on safety, rule changes, and topics of interest to
the public related to wildlife management; and other opportunities
available to the public as a result of a Traditional Wildlife
Restoration award;
(iii) Liaising with the media or other venues to provide public
information related to the objectives of an award; or
(iv) Other forms of communication that support a State's wildlife
restoration and management objectives in an award.
(9) Public relations, advertising as a form of outreach, and
marketing that are associated with achieving eligible objectives
require prior approval of the Service. These activities are allowable
only when included in the approach of an approved award to accomplish
eligible activities and meet award objectives. Communication that
solely benefits the agency is unallowable public relations and is not
eligible for funding under the Act.
(b) Basic Hunter Education and Safety subprogram and Hunter
Recruitment and Recreational Shooter Recruitment. (1) The following
activities are eligible under the Basic Hunter Education and Safety
subprogram for activities authorized at 16 U.S.C. 669g(b):
(i) Teaching the skills, knowledge, and attitudes necessary to be a
responsible hunter.
(ii) Developing and improving access to public target ranges by:
(A) Acquiring real property suitable or capable of being made
suitable for public target ranges, including through licenses or third-
party binding agreements that provide assurances for public access (see
Sec. 80.58).
(B) Constructing, upgrading, or restoring public target ranges to a
useful condition.
(C) Operating or maintaining public target ranges.
(D) Acquiring land for, expanding, or constructing public target
ranges as 90/10/5 projects following Sec. Sec. 80.60 and 80.62.
(E) Constructing, operating, or maintaining educational facilities
to support Hunter Education.
(2) The following activities are eligible when directly supporting
recruiting, retaining, or reactivating hunters or recreational shooters
(R3), as authorized at 16 U.S.C. 669c(c)(4).
(i) Communicating with hunters, recreational shooters, and the
public about hunting and recreational shooting and associated
opportunities by:
(A) Promoting conservation and the responsible use of the wildlife
resources of the United States as part of an effort to recruit, retain,
or reactivate hunters or recreational shooters.
(B) Promoting a State's R3 program, special events, and
opportunities.
(C) Providing outreach on public target range availability, access,
and locations.
(D) Marketing, publications, press releases, and media relations
for content directly related to R3 activities.
(ii) Interpreting, translating, printing, or disseminating
published State hunting regulations to inform and educate the public
about their responsibilities to comply with laws, orders, and
regulations.
(iii) Using a State fish and wildlife agency's website, cell phone
or software products, online support systems, or other appropriate
communication tools to engage the public in activities supporting a
State's R3 efforts (see Sec. 80.55(c) for exclusions related to
income-producing activities).
(iv) Supporting the scope and impact of a State's R3 program by:
(A) Reducing barriers to hunting and recreational shooting
opportunities;
(B) Furthering safety in hunting and recreational shooting;
(C) Providing education, mentoring, field demonstrations, and other
similar opportunities to recruit, retain, or reactivate hunters or
recreational shooters;
(D) Constructing, operating, or maintaining educational facilities
to the extent they support R3 activities;
(E) Supporting programs for hunting or recreational shooting that
have been developed or are delivered by other entities; and
(F) Offering activities that support R3 for youth and beginner
hunters or recreational shooters, such as R3 camps and mentoring
programs.
(v) Constructing, operating, or maintaining public target ranges,
including mobile public target ranges.
(vi) Educating the public about the role of hunting and
recreational shooting in funding wildlife conservation.
(vii) Supplying services that support R3 activities, such as hunt
guides, trainers for shooting, and celebrity endorsements.
(viii) Acquiring supplies that enhance the experience and skills
for hunters and recreational shooters.
(ix) Engaging in other allowable activities that directly support
recruiting, retaining, or reactivating hunters or recreational
shooters.
(c) Enhanced Hunter Education and Safety program. The following
activities are eligible under Enhanced Hunter Education and Safety for
activities authorized at 16 U.S.C. 669h-1:
(1) Enhancing programs for hunter education, hunter development,
and firearm and archery safety. Hunter-development programs introduce
individuals to and recruit them to take part in hunting, bow hunting,
target shooting, or archery.
(2) Enhancing interstate coordination and developing hunter-
education and public target range programs.
(3) Enhancing programs for education, safety, or development of
firearm and bow hunters and recreational shooters.
[[Page 1896]]
(4) Enhancing development, construction, upgrades, rehabilitation,
and improved safety features at public target ranges.
(5) Acquiring real property suitable or capable of being made
suitable for public target ranges.
(6) Enhancing operation and maintenance of public target ranges.
(7) Enhancing access for hunting and recreational shooting
opportunities.
(8) Acquiring land for, expanding, or constructing public target
ranges following the regulations at Sec. 80.60.
(9) Enhancing the hunter and recreational shooter R3 activities
listed at paragraph (b)(2) of this section.
Sec. 80.51 What activities are eligible for funding under the Sport
Fish Restoration Act?
The following activities are eligible for funding in these programs
and subprograms under the Sport Fish Restoration Act:
(a) Sport Fish Restoration program. The following fish restoration
and management projects and other associated activities are eligible
for funding under apportionments authorized at 16 U.S.C. 777c(c)(1).
(1) Restoring and managing sport fish for the benefit of the
public.
(2) Conducting research on the problems of managing fish and their
habitat and the problems of fish culture if necessary to administer
sport fish resources efficiently. This research may include social
science activities.
(3) Obtaining data to guide and direct the regulation of fishing.
These data may be on:
(i) Size and geographic range of sport fish populations;
(ii) Changes in sport fish populations due to fishing, other human
activities, or natural causes; and
(iii) Effects of any measures or regulations applied.
(4) Developing and adopting plans to restock sport fish and forage
fish in the natural areas or districts covered by the plans and obtain
data to develop, carry out, and test the effectiveness of the plans.
(5) Raise, acquire or stockfish for recreational purposes.
(6) Acquiring real property suitable or capable of being made
suitable for:
(i) Sport fish habitat, as a buffer to protect that habitat, or
sport fish management;
(ii) Providing public access for sport fishing; or
(iii) Supporting other eligible activities described under this
paragraph (a).
(7) Implementing fish restoration and management projects to
restore, rehabilitate, improve, manage, or maintain:
(i) Aquatic areas adaptable for sport fish habitat; or
(ii) Land adaptable as a buffer to protect sport fish habitat.
(8) Building structures or acquiring equipment, goods, and services
for:
(i) Restoring, rehabilitating, or improving aquatic habitat for
sport fish or land as a buffer to protect aquatic habitat for sport
fish;
(ii) Supporting sport fish management;
(iii) Providing public access for sport fishing; or
(iv) Supporting other eligible activities described under this
paragraph (a).
(9) Constructing, renovating, operating, or maintaining pumpout and
dump stations. A pumpout station is a facility that pumps or receives
sewage from a type III marine sanitation device that the U.S. Coast
Guard requires on some vessels. A dump station, also referred to as a
``waste reception facility,'' is specifically designed to receive waste
from portable toilets on vessels.
(10) Communicating with the public (see Sec. 80.52(h)) to include:
(i) Conducting outreach and sharing information on award
activities, accomplishments, performance, or other communication
related to meeting the objectives of an award;
(ii) Providing the public with information on sport fish management
areas; public access for fishing or other sport fish-associated
recreation; notices on safety, rule changes, and topics of interest to
the public related to sport fish management; and other opportunities
available to the public as a result of a Sport Fish Restoration award;
(iii) Liaising with the media or other venues to provide public
information related to the objectives of an award; or
(iv) Engaging in other forms of communication that support a
State's sport fish restoration and management objectives in an award.
(11) Conducting public relations, advertising as a form of
outreach, and marketing that are associated with achieving eligible
objectives require prior approval of the Service. These activities are
allowable only when included in the approach of an approved award to
accomplish eligible activities and meet award objectives. Communication
that solely benefits the agency is unallowable public relations and is
not eligible for funding under the Act.
(b) Sport Fish Restoration--Recreational Boating Access subprogram.
(1) Conducting projects and activities that may include those for
motorized or nonmotorized vessels and users.
(2) Acquiring real property, including water rights, suitable or
capable of being made suitable for:
(i) Building, renovating, or improving facilities to create or
enhance public access to the waters of the United States;
(ii) Improving the suitability of these waters for recreational
boating; or
(iii) Providing benefits for recreational boating.
(3) Constructing a broad range of recreational boating access
facilities that also may provide services or amenities to recreational
boaters. ``Facilities'' includes auxiliary structures necessary to
ensure safe use of recreational boating access facilities.
(4) Conducting surveys to determine the adequacy, number, location,
and quality of facilities providing access to recreational waters for
all sizes of recreational boats.
(5) Developing new, or redeveloping or expanding existing, boating
access sites.
(c) Sport Fish Restoration--Aquatic Resource Education subprogram.
Enhancing the public's understanding of water resources, aquatic life
forms, and sport fishing, and developing responsible attitudes and
ethics toward the aquatic environment.
(d) Sport Fish Restoration--State Outreach and Communications
subprogram.
(1) Improving communications with anglers, boaters, and the public
on sport fishing and boating opportunities.
(2) Interpreting, translating, printing, or disseminating published
State fishing regulations to inform and educate the public about their
responsibilities to comply with laws, orders, and regulations.
(3) Increasing participation in sport fishing and boating through
R3 programs and activities.
(4) Advancing the adoption of sound fishing and boating practices
including safety.
(5) Promoting conservation and responsible use of the aquatic
resources of the United States.
Sec. 80.52 What activities are eligible for funding under all
programs and subprograms under the Acts?
The following activities, when supporting other eligible activities
under a program or subprogram and costs are allocated to the
appropriate funding source, are eligible for funding:
(a) Conducting planning and compliance activities such as
engineering, designing, surveying,
[[Page 1897]]
obtaining permits or appraisals, and conducting environmental and
archeological assessments.
(b) Engaging in oversight activities related to an award, such as:
(1) Monitoring, evaluating, and reporting;
(2) Investigating noncompliance or diversions; and
(3) Protecting property rights for real property that is carrying
out the purposes of the Acts.
(c) Maintaining and operating facilities and equipment under the
ownership or management control of the State fish and wildlife agency,
or under a third-party binding agreement, that support eligible
activities under the Wildlife Restoration Act or Sport Fish Restoration
Act.
(d) Covering costs associated with State electronic data systems
(SEDS), when appropriately allocated and approved by the Service. A
SEDS is an electronic system used by a State fish and wildlife agency
to sell licenses or support other financial transactions, collect and
manage data, and communicate information. The functions and abilities
of a SEDS may vary depending on the State fish and wildlife agency
needs and organization.
(e) Administering awards (see also Sec. 80.54) and coordinating
awards in associated programs and subprograms.
(f) Providing technical assistance.
(g) Making payments in lieu of taxes on real property under the
control of the State fish and wildlife agency when the payment is:
(1) Required by State or local law; and
(2) Required for all State lands, including those acquired with
Federal funds and those acquired with non-Federal funds.
(h) Communicating with the public on eligible activities in an
award, when allowable under 2 CFR part 200, subpart E. This
communication may include using various forms of media and technology
and does not require prior approval (see also Sec. Sec. 80.50(a)(8)
and 80.51(a)(10)).
(i) Advertising (see 2 CFR 200.421) to hire personnel for eligible
activities, for procuring goods or services for an eligible activity,
or to inform the public or a target audience about events or
opportunities that support purposes of the Acts.
Sec. 80.53 May an activity be eligible for funding if it is not
explicitly eligible according to the regulations in this part?
Yes. An activity may be eligible for funding even if the
regulations in this part do not explicitly designate it as an eligible
activity if:
(a) The State fish and wildlife agency justifies in the project
statement how the activity will help carry out the purposes of the
program or subprogram under the Wildlife Restoration Act or the Sport
Fish Restoration Act;
(b) The activities are allowable under 2 CFR part 200; and
(c) The Regional Director concurs with the justification.
Sec. 80.54 Are costs of State central services eligible for funding?
Yes. Administrative costs in the form of overhead or indirect costs
for State central services outside of the State fish and wildlife
agency are eligible for funding under the Acts and must follow an
approved cost-allocation plan. These expenses must not exceed 3 percent
of the funds apportioned annually to the State under the Acts.
Sec. 80.55 What activities are ineligible for funding?
The following activities are ineligible for funding under the Acts,
except when necessary to carry out project purposes approved by the
Regional Director:
(a) Law enforcement activities (see definition at Sec. 80.2).
(b) The formal administrative process for establishing State fish
and wildlife agency regulations. This process:
(1) Begins when boards, commissions, or other policymakers receive
information and recommendations from State fish and wildlife agencies
and use this input to develop and implement public policy.
(2) Involves official filing and publication of regulations,
including State administrative procedures to officially adopt rules and
laws to meet authoritative requirements.
(3) Includes printing and distributing the official code of
regulations, or State equivalent, except as provided for under
Sec. Sec. 80.50(b)(2)(ii) and 80.51(d)(2) (which pertains to the
agency's interpretive guides and regulatory resources for the public)
for the purposes of R3.
(c) License sales and other activities conducted for the primary
purpose of producing income. These activities include processes and
procedures directly related to the sale of items listed at Sec.
80.20(a).
(d) Activities, projects, or programs that promote or encourage
opposition to the regulated taking of fish, hunting, or the trapping of
wildlife.
(e) Activities or projects that do not provide public access when
access is a purpose of the funding or an objective of the award (see
Sec. 80.58).
Sec. 80.56 May a State fish and wildlife agency receive an award to
carry out part of a larger project?
Yes. A State fish and wildlife agency may receive an award to carry
out part of a larger project that uses funds unrelated to the award.
The part of the larger project funded by the award must:
(a) Result in an identifiable outcome consistent with the purposes
of the grant program;
(b) Be substantial in character and design (see Sec. 80.57);
(c) Meet the requirements of Sec. Sec. 80.130 through 80.137 for
any real property acquired under the award and any capital improvements
completed under the award; and
(d) Meet all other requirements of the grant program.
Sec. 80.57 How does a proposed project qualify as substantial in
character and design?
A proposed project qualifies as substantial in character and design
if it:
(a) Describes a need consistent with the Acts;
(b) States a purpose and sets objectives, both of which are based
on the need;
(c) Uses a planned approach, appropriate procedures, and accepted
principles of fish and wildlife conservation and management, research,
construction, wildlife- and fish-associated-recreation participation
and access, communication, education, or other eligible purposes; and
(d) Is cost effective.
Sec. 80.58 What are public access requirements for activities in an
approved award under the Wildlife Restoration or Sport Fish Restoration
programs?
(a) Public access is required for some eligible activities (see
Sec. Sec. 80.50 and 80.51) when supporting the purpose of an award.
(b) The State fish and wildlife agency has the authority, within
the purposes of the Acts, to establish parameters for public access and
may limit or restrict public access when the management of natural
resources and public access are not compatible. Additionally, the
agency may limit or restrict public access when the funded project or
facility is closed for business or temporarily closed due to an
emergency, repairs, construction, or as a safety precaution.
(c) When public access is required for projects and facilities that
are under the ownership or management control of a third party, the
State fish and wildlife agency, following its own State laws and
processes, must ensure a legally binding instrument setting forth the
terms and conditions, such as a subaward or third-party agreement, is
in place as follows:
(1) The instrument must be sufficient to ensure public access is
provided as
[[Page 1898]]
expected by the agency and described in the approved award from the
Service.
(2) The third-party binding agreement must include or reference
agency approval for reasonable fees, any rules and requirements for
use, circumstances for temporary closure or reduction to public access,
duration of the agreement and any useful life expectations, and
procedures for any modifications to the agreement.
(3) The Service does not have authority to approve or reject a
State's third-party binding agreement but will include a special award
term and condition to require minimum standards and that third-party
binding agreements be maintained in agency award files and provided to
the Service, upon request, for all awards where funds under the Acts
are being used for renovating, constructing, operating, or maintaining
property that a third party owns or controls.
Subpart F--Allocation of Funds by an Agency
Sec. 80.60 What is the relationship between the Traditional Wildlife
Restoration Program, the Basic Hunter Education and Safety subprogram,
and the Enhanced Hunter Education and Safety program for acquiring land
for, expanding, or constructing public target ranges?
(a) The Target Practice and Marksmanship Training Support Act (Pub.
L. 116-17, March 10, 2019) amended the Wildlife Restoration Act (16
U.S.C. 669 et seq.) to include activities for acquiring land for,
expanding, or constructing public target ranges but does not authorize
any new sources of funding. The law became effective for States
beginning October 1, 2019.
(b) When a State fish and wildlife agency allocates funds to
activities for acquiring land for, expanding, or constructing public
target ranges under this law, it may apply a 90 percent Federal/10
percent non-Federal cost share and funds are available for obligation
up to 5 years, beginning October 1 of the year the funds first become
available. We abbreviate this funding method as ``90/10/5.''
(c) An agency may allocate annually apportioned funds for 90/10/5
activities from the Traditional Wildlife Restoration program (not to
exceed 10 percent), Basic Hunter Education and Safety subprogram (any
amount from 0 up to 100 percent), and/or Enhanced Hunter Education and
Safety program (any amount from 0 up to 100 percent) to projects for
acquiring land for, expanding, or constructing public target ranges.
There is no requirement for States to allocate any amount of funds to
90/10/5 activities.
(d) When using up to 10 percent of annually apportioned Traditional
Wildlife Restoration program funds for 90/10/5 activities, the funds
must be allocated to the designated subaccount and must be used only
for eligible 90/10/5 purposes. Some amount of available Enhanced Hunter
Education and Safety program funds, at least $1, must be combined with
the Traditional Wildlife Restoration program funds allocated to 90/10/5
activities.
(e) An agency must allocate funds to a 90/10/5 subaccount within
the FFY that funds are first apportioned. Funds allocated to a 90/10/5
subaccount during a prior FFY must remain in that 90/10/5 subaccount
for obligation during the period of availability and until expended.
(f) Acquiring land for, expanding, or constructing public target
ranges may also be accomplished, in total or when combined with 90/10/5
funds, using funds under the Basic Hunter Education and Safety
subprogram, the Enhanced Hunter Education and Safety program, or both,
but the agency must apply cost share and period of availability
according to table 1 to Sec. 80.61.
Sec. 80.61 What sources of funding in the Wildlife Restoration Act
may a State fish and wildlife agency use to support public target range
projects, and may funds from multiple sources be used in a single
award?
Table 1 to Sec. 80.61 describes the sources of funding available
for public target range projects and identifies their subaccount
number. The Service uses subaccounts in the Department of the
Interior's financial management system, the Financial and Business
Management System or FBMS, to administer the specific use requirements
for program and subprogram funding sources under the Acts. A State fish
and wildlife agency may combine funds from multiple sources within the
Act for eligible public target range activities. Your Regional OCI
staff Wildlife and Sport Fish Restoration Program Office can provide
technical assistance on best practices for allocating costs to multiple
eligible funding sources.
Table 1 to Sec. 80.61
[BHE = Basic Hunter Education and Safety subprogram; EHE = Enhanced Hunter Education and Safety program; TWR =
Traditional Wildlife Restoration program]
----------------------------------------------------------------------------------------------------------------
Period
available Eligible
Program/subprogram Funding source; for Cost share Conditions activities
method obligation described in
(years) this part at:
----------------------------------------------------------------------------------------------------------------
Options for Funding Public Target Ranges
----------------------------------------------------------------------------------------------------------------
Traditional Wildlife 16 U.S.C. 2 75 percent May use Sec.
Restoration program 669c(b); Federal/25 apportioned 80.50(a).
(Subaccount 5222). apportioned. percent non- funds for
Federal. maintenance
activities at
public target
ranges owned
or under the
management
control of the
agency; may
allocate to 90/
10/5 projects
as described
for subaccount
5252.
Traditional Wildlife 16 U.S.C. 5 90 percent May allocate up Sec. Sec.
Restoration program for 669c(b); Federal/10 to 10 percent 80.50(a)(7)
Public Target Ranges (90/10/ allocated by an percent non- of TWR funds and 80.60.
5) (Subaccount 5252). agency from TWR Federal. during the
funds. year
apportioned to
be combined
with at least
$1 of EHE
funds for
acquiring land
for,
expanding, or
constructing
public target
ranges.
Basic Hunter Education and 16 U.S.C. 2 75 percent May allocate up Sec.
Safety program for 669c(c); Federal/25 to 100 percent 80.50(b)(1).
activities described at 16 apportioned. percent non- of apportioned
U.S.C. 669g(b) (Subaccount Federal. funds for
5221). acquiring land
for,
constructing,
operation of,
and
maintenance
for public
target ranges;
does not have
to be part of
a hunter
education
program.
[[Page 1899]]
Activities for hunter 16 U.S.C. 2 75 percent May be used for Sec.
recruitment and recreational 669c(c); Federal/25 constructing 80.50(b)(2).
shooter recruitment as assigned by an percent non- public target
described at 16 U.S.C. agency from BHE Federal. ranges or
669c(c)(4) (Subaccount 5221). funds. other eligible
public target
range
activities
that directly
support R3.
Basic Hunter Education and 16 U.S.C. 5 90 percent May allocate up Sec. Sec.
Safety subprogram for Public 669c(c); Federal/10 to 100 percent 80.50(b)(1)(ii
Target Ranges (90/10/5) allocated by an percent non- of apportioned )(E) and
(Subaccount 5251). agency from BHE Federal. funds for 80.60.
funds. acquiring land
for,
expanding, or
constructing a
public target
range.
Enhanced Hunter Education and 16 U.S.C. 669h- 1 75 percent May allocate up Sec.
Safety program (Subaccount 1; apportioned. Federal/25 to 100 percent 80.50(c).
5231). percent non- of apportioned
Federal. funds for
acquiring land
for,
constructing,
developing, or
improving
safety
features at
public target
ranges.
Enhanced Hunter Education and 16 U.S.C. 669h- 5 90 percent May allocate up Sec. Sec.
Safety program for Public 1; allocated by Federal/10 to 100 percent 80.50(c)(9)
Target Ranges (90/10/5) an agency from percent non- of apportioned and 80.60.
(Subaccount 5241). EHE funds. Federal. funds for
acquiring land
for,
expanding, or
constructing a
public target
range.
----------------------------------------------------------------------------------------------------------------
Sec. 80.62 What are eligible and ineligible 90/10/5 activities?
(a) The following are eligible 90/10/5 activities:
(1) Acquiring real property suitable or capable of being made
suitable for constructing or expanding public target ranges (see
subpart J of this part).
(2) Acquiring title to real property with an existing target range
when the acquisition will increase public access or includes
construction or expansion activities on the existing target range.
(3) Constructing a public target range on land owned or under
management control of the State fish and wildlife agency. Construction
may occur on land when title is held by a third party provided the
agency holds a lease or other third-party binding agreement under State
law that ensures the terms and conditions of the award will be met.
(4) Constructing or acquiring a mobile public target range.
(5) Expanding the physical footprint or configuration of an
existing public target range in a manner that increases range capacity
to accommodate more participants, provides additional range activities
or functions, or physically modifies to accommodate all participants,
regardless of ability. Examples include adding more lanes at a range,
adding structures that provide access that is compliant with the
Americans With Disabilities Act (42 U.S.C. 12101 et seq.), and
expanding the facility to provide new opportunities that did not exist
before, such as adding an archery range to a former firearm-only
facility.
(6) Coordinating 90/10/5 awards that directly support acquiring
land for, constructing, or expanding public target ranges through
necessary activities that address planning, compliance, appraisals,
engineering, and administering a project.
(7) Auxiliary activities and amenities that support the primary
project and are necessary to the public's ability to fully utilize the
public target range. Examples include public restrooms, storage
facilities, protective bunkers and barriers, signs and markers, roads
and parking areas, and utilities.
(8) Improvements may be approved if they are needed to prevent a
public target range facility from becoming inoperable or suffering from
significant diminished capacity. Consult with your Regional Wildlife
and Sport Fish Restoration Program Office.
(9) Constructing or expanding public target range projects on
federally owned land.
(b) The following are ineligible 90/10/5 activities:
(1) Operations at a public target range.
(2) Maintenance at a public target range, unless necessary for
completing a project for constructing or expanding a public target
range.
(3) Construction that is not to build a new or expand an existing
public target range. This includes auxiliary activities and amenities
not associated with an approved new or expansion project.
(4) Long-term monitoring of a public target range facility.
(5) Activities that do not provide or support new or increased
physical capacity for public target ranges.
Sec. 80.63 What exception is provided for Enhanced Hunter Education
and Safety program funds in relation to Basic Hunter Education and
Safety program funds?
(a) If Basic Hunter Education and Safety program funds are fully
obligated for activities listed at Sec. 80.50(b)(1) (see 16 U.S.C.
669g(b)), the State fish and wildlife agency may use Enhanced Hunter
Education and Safety program funds for Enhanced Hunter Education and
Safety program eligible activities or may allocate any portion of that
FFY's Enhanced Hunter Education and Safety program funds to any
eligible activity under the Wildlife Restoration Act.
(b) If Basic Hunter Education and Safety program funds are used for
R3 activities listed at Sec. 80.50(b)(2), the exception set forth at
paragraph (a) of this section does not apply and Enhanced Hunter
Education and Safety program funds must be used for Enhanced Hunter
Education and Safety program activities.
Sec. 80.64 What requirements apply to funds for the Recreational
Boating Access subprogram?
The requirements of this section apply to allocating and obligating
funds for the Recreational Boating Access subprogram.
(a) A State fish and wildlife agency must allocate funds from
annual apportionments under the Sport Fish Restoration Act for use in
the subprogram.
(b) Over each 5-year period, the total allocation for the
subprogram in each of the Service's geographic regions must average at
least 15 percent of the Sport Fish Restoration funds apportioned to the
States in that Region. If this requirement is met, an individual State
fish and wildlife agency may allocate more or less than 15 percent of
its annual apportionment.
(c) The Regional Director calculates regional allocation averages
for separate 5-year periods that coincide with FFYs 2023-2027, 2028-
2032, 2033-2037, and each subsequent 5-year period.
[[Page 1900]]
(d) If the total regional allocation for a 5-year period is less
than 15 percent, the State agencies may, in a memorandum of
understanding, agree among themselves which of them will make the
additional allocations to eliminate the regional shortfall.
(e) The regulations in this paragraph (e) apply if State fish and
wildlife agencies in a Service region do not agree on which of them
will make additional allocations to bring the average regional
allocation to at least 15 percent over a 5-year period. If the agencies
do not agree:
(1) 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; and
(2) 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.
(f) A Federal obligation of these allocated funds must occur by the
end of the fourth consecutive FFY after the FFY in which the funds
first became available for allocation.
(g) If the agency's application to use these funds has not led to a
Federal obligation by that time, these allocated funds become available
for reapportionment among the State fish and wildlife agencies for the
following FFY.
Sec. 80.65 What limitations apply to spending on the Aquatic
Resource Education and the State Outreach and Communications
subprograms?
The limitations in this section apply to State fish and wildlife
agency spending on the Aquatic Resource Education and State Outreach
and Communications subprograms.
(a) Each State's fish and wildlife agency may spend a maximum of 15
percent of the annual amount apportioned to the State from the Sport
Fish Restoration and Boating Trust Fund for activities in both
subprograms. The 15-percent maximum applies to both subprograms as if
they were one.
(b) The 15-percent maximum for the subprograms does not apply to
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. These jurisdictions may spend more than 15
percent of their annual apportionments for both subprograms with the
approval of the Regional Director.
Sec. 80.66 [Reserved]
Sec. 80.67 How does a State fish and wildlife agency allocate costs
to an award in multipurpose projects and facilities?
A grant-funded project or facility is multipurpose if it carries
out the purposes of:
(1) A single grant program under the Acts; and
(2) Another grant program, subprogram, a different funding source
under the Acts, a grant program not under the Acts, or an activity
unrelated to awards.
In accordance with 2 CFR 200.405, a State fish and wildlife agency
must allocate costs in multipurpose projects based on eligible
activities authorized, sources of funding, and the uses or benefits for
each purpose that will result from the completed project or facility.
The agency must describe the method used to allocate costs in
multipurpose projects or facilities in the project statement included
in the award application.
Sec. 80.68 Must a State fish and wildlife agency allocate funds
between marine and freshwater fisheries projects?
Yes. Each coastal State's fish and wildlife agency must equitably
allocate the funds apportioned under the Sport Fish Restoration Act
between projects with benefits for marine fisheries and projects with
benefits for freshwater fisheries.
(a) The subprograms authorized by the Sport Fish Restoration Act do
not have to allocate funding in the same manner if the State fish and
wildlife agency allocates Sport Fish Restoration funds equitably
between marine and freshwater fisheries.
(b) The coastal States for purposes of this allocation are:
(1) 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;
(2) The Commonwealths of Puerto Rico and the Northern Mariana
Islands; and
(3) The Territories of Guam, the U.S. Virgin Islands, and American
Samoa.
Sec. 80.69 What requirements apply to allocation of funds between
marine and freshwater fisheries projects?
The requirements of this section apply to allocation of funds
between marine and freshwater fisheries projects.
(a) When a State fish and wildlife agency allocates funds, it must
meet the following requirements:
(1) The ratio of total funds allocated for marine fisheries
projects to total funds allocated for marine and freshwater fisheries
projects combined must equal the ratio of resident marine anglers to
the total number of resident anglers in the State; and
(2) The ratio of total funds allocated for freshwater fisheries
projects to total funds allocated for marine and freshwater fisheries
projects combined must equal the ratio of resident freshwater anglers
to the total number of resident anglers in the State.
(b) A resident angler is one who fishes for recreational purposes
in the same State where that person maintains legal residence.
(c) Agencies must determine the relative distribution of resident
anglers in the State between those who fish in marine environments and
those who fish in freshwater environments. Agencies must use the
National Survey of Fishing, Hunting, and Wildlife-Associated
Recreation, or another statistically reliable survey or technique
approved by the Regional Director, for this purpose.
(d) If an agency uses statistical sampling to determine the
relative distribution of resident anglers in the State between those
who fish in marine environments and those who fish in freshwater
environments, the sampling must be complete by the earlier of the
following:
(1) Five years after the last statistical sample; or
(2) Before completing the first certification following any change
in the licensing system that could affect the number of sportfishing
license holders.
(e) The amounts allocated from each year's apportionment do not
necessarily have to result in an equitable allocation for each year.
However, the amounts allocated over a variable period, not to exceed 3
years, must result in an equitable allocation between marine and
freshwater fisheries projects.
(f) Agencies that fail to allocate funds equitably between marine
and freshwater fisheries projects may become ineligible to use Sport
Fish Restoration program funds. These agencies must remain ineligible
until corrective action is taken and the funds have been allocated
equitably.
Sec. 80.70 May a State fish and wildlife agency finance an activity
from more than one annual apportionment?
A State fish and wildlife agency may use funds from more than one
annual apportionment to finance projects, such as construction or
acquisition of lands or interests in lands, including water rights. An
agency may use funds in this
[[Page 1901]]
manner, according to a plan approved by the Regional Director and
subject to the availability of funds, in either of the following ways:
(a) Finance the entire cost of the acquisition or construction from
a non-Federal funding source. The Service will reimburse funds to the
agency in succeeding apportionment years.
(b) Negotiate an installment purchase or contract in which the
agency pays periodic and specified amounts to the seller or contractor
according to a plan that schedules either reimbursements or advances of
funds immediately before need.
Sec. 80.71 What requirements apply to financing an activity from
more than one annual apportionment?
The following conditions apply to financing an activity from more
than one annual apportionment:
(a) A State fish and wildlife agency must agree to complete the
project even if Federal funds are not available. If an agency does not
complete the project, the agency must recover any expended Federal
funds that did not result in commensurate wildlife or sport-fishery
benefits. The agency must then reallocate the recovered funds to
approved projects in the same program.
(b) The project statement included with the application must have a
complete schedule of payments to finish the project.
(c) Interest and other financing costs may be allowable subject to
the restrictions in the applicable Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (2 CFR part
200).
Subpart G--Applying for an Award
Sec. 80.80 [Reserved]
Sec. 80.81 What must a State fish and wildlife agency submit when
applying for a comprehensive-management-system award?
A State fish and wildlife agency must submit the following
documents when applying for a comprehensive-management-system award:
(a) The standard form for an application for Federal assistance in
a mandatory grant program.
(b) A statement of cost estimates by subaccount. Agencies may
obtain the subaccount numbers from the Regional Wildlife and Sport Fish
Restoration Program Office.
(c) Supporting documentation explaining how the proposed work
complies with the Acts, the regulations in this part, and other
applicable laws and regulations.
(d) A statement of the agency's intent to carry out and fund part
or all of its comprehensive management system through an award.
(e) A description of the agency's comprehensive management system
including inventory, strategic plan, operational plan, and evaluation.
``Inventory'' refers to the process or processes that an agency uses
to:
(1) Determine actual, projected, and desired resource and asset
status; and
(2) Identify management problems, issues, needs, and opportunities.
(f) A description of the State fish and wildlife agency program
covered by the comprehensive management system.
(g) Contact information for the State fish and wildlife agency
employee who is directly responsible for the integrity and operation of
the comprehensive management system.
(h) A description of how the public can take part in decision
making for the comprehensive management system.
Sec. 80.82 What must a State fish and wildlife agency submit when
applying for a project-by-project award?
A State fish and wildlife agency must submit the following
documents when applying for a project-by-project award:
(a) The standard form for an application for Federal assistance in
a mandatory grant program.
(b) A project statement that describes each proposed project and
provides the following information:
(1) Need. Explain why the project is necessary and how it fulfills
the purposes of the relevant Act.
(2) Purpose. State the purpose and base it on the need. The purpose
states the desired outcome of the proposed project in general or
abstract terms.
(3) Objectives. State the objectives and base them on an identified
need(s). The objectives state the desired outcome of the proposed
project in terms that are specific and quantified.
(4) Results. Describe the results or benefits expected.
(5) Approach. Describe the methods used to achieve the stated
objectives.
(6) Useful life. Propose a useful life for each capital improvement
and reference the method used to determine the useful life of a capital
improvement with a value greater than $100,000.
(7) Geographic location. Describe the geographic location(s) where
activities will occur. Maps or other geographic aids are encouraged and
may be attached. Include geographic coordinates in decimal degrees, if
relevant and available.
(8) Principal investigator for research projects. Record the
principal investigator's name, work address, and work telephone number.
(9) Program income. (i) Estimate the amount of program income that
the project is likely to generate.
(ii) Indicate the method or combination of methods (deduction,
addition, or cost sharing) of applying program income to Federal and
non-Federal outlays.
(iii) Request the Regional Director's approval for the additive or
cost-sharing method. Describe how the agency proposes to use the
program income and the expected results. Describe the essential need
when using program income as cost sharing.
(iv) Indicate whether the agency wants to treat income that it
earns after the period of performance as either license revenue or
additional funding for purposes consistent with the award terms and
conditions or program regulations.
(v) Indicate whether the agency wants to treat income that the
subrecipient earns after the period of performance as license revenue,
additional funding for the purposes consistent with the award or
subprogram, or income subject only to the terms of the subaward
agreement.
(10) Budget narrative. (i) Provide costs by project and subaccount
with additional information sufficient to show that the project is cost
effective. Agencies may obtain the subaccount numbers from the Regional
Wildlife and Sport Fish Restoration Program Office.
(ii) Describe any item that requires the Service's approval and
estimate its cost. Examples are pre-award costs, capital improvements
or expenditures, real property acquisitions, or equipment purchases.
(iii) Include a schedule of payments to finish the project if an
agency proposes to use funds from two or more annual apportionments.
(11) Multipurpose projects. Describe the method for allocating
costs in multipurpose projects and facilities as described in Sec.
80.67.
(12) Relationship with other awards. Describe any relationship
between this project and other work funded by Federal awards that is
planned, anticipated, or under way.
(13) Timeline. Describe significant milestones in completing the
project and any accomplishments to date.
(14) General. Provide information in the project statement that:
(i) Shows that the proposed activities are eligible for funding and
substantial in character and design; and
(ii) Enables the Service to comply with the applicable requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 and
4331-4347), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National
[[Page 1902]]
Historic Preservation Act (16 U.S.C. 470s), and other laws,
regulations, and policies.
Sec. 80.83 What is the Federal share of allowable costs?
(a) Except as provided at paragraphs (e) and (f) of this section,
the Regional Director must provide at least 10 percent and no more than
75 percent of the allowable costs of a grant-funded project to the fish
and wildlife agencies of the 50 States. The Regional Director generally
approves any Federal share from 10 to 75 percent as proposed by 1 of
the 50 States if the:
(1) Funds are available; and
(2) Application is complete and consistent with laws, regulations,
and policies.
(b) The Regional Director may provide funds to the District of
Columbia to pay 75 to 100 percent of the allowable costs of a grant-
funded project in a program or subprogram authorized by the Sport Fish
Restoration Act. The decision on the specific Federal share between 75
and 100 percent will be based on what the Regional Director decides is
fair, just, and equitable. The Regional Director may reduce the Federal
share to less than 75 percent of allowable project costs only if the
District of Columbia provides voluntary committed cost sharing to pay
the remaining allowable costs. However, the Regional Director must not
reduce the Federal share below 10 percent unless the procedure set
forth at paragraph (e) of this section is followed.
(c) The Regional Director may provide funds to pay 75 to 100
percent of the allowable costs of a grant-funded project to the fish
and wildlife agency of the Commonwealth of Puerto Rico. The decision on
the specific Federal share between 75 and 100 percent will be based on
what the Regional Director decides is fair, just, and equitable. The
Regional Director may reduce the Federal share to less than 75 percent
of allowable project costs only if the Commonwealth voluntarily
provides cost sharing to pay the remaining allowable costs. However,
the Regional Director must not reduce the Federal share below 10
percent unless the procedure set forth at paragraph (e) of this section
is followed.
(d) The Regional Director must provide funds to pay 100 percent of
the allowable costs of a grant-funded project to a fish and wildlife
agency of the Commonwealth of the Northern Mariana Islands and the
Territories of Guam, the U.S. Virgin Islands, and American Samoa. The
Service is required to waive all cost sharing requirements for these
insular areas.
(e) The Regional Director may waive the 10-percent minimum Federal
share of allowable costs if the State, District of Columbia,
Commonwealth, or territory requests a waiver and provides compelling
reasons to justify why it is necessary for the Federal Government to
fund less than 10 percent of the allowable costs of a project.
(f) The Regional Director must provide no more than 90 percent of
the allowable costs of a project to a State, the Commonwealth of Puerto
Rico, or the District of Columbia for the purposes of acquiring land
for, expanding, or constructing a public target range when the agency
identifies a project that meets the criteria for 90/10/5 activities.
Sec. 80.84 How does the Service establish the non-Federal share of
allowable costs?
(a) To establish the non-Federal share of a grant-funded project
for the 50 States, the Regional Director approves an application for
Federal assistance in which the State fish and wildlife agency proposes
the specific non-Federal share by estimating the Federal and cost-
sharing dollars, consistent with Sec. 80.83(a), (e), and (f).
(b) To establish the non-Federal share of a grant-funded project
for the District of Columbia and the Commonwealth of Puerto Rico, the
Regional Director:
(1) Decides which percentage is fair, just, and equitable for the
Federal share consistent with Sec. 80.83(b) and (c);
(2) Subtracts the Federal share percentage from 100 percent to
determine the percentage of non-Federal share; and
(3) Applies the percentage of non-Federal share to the allowable
costs of a grant-funded project to determine the cost sharing
requirement.
(c) For the Commonwealth of the Northern Mariana Islands and the
Territories of Guam, the U.S. Virgin Islands, and American Samoa
(insular areas), the Service must waive all non-Federal cost sharing
requirements (see 48 U.S.C. 1469a).
Sec. 80.85 What requirements apply to cost sharing?
(a) The requirements that apply to cost sharing are at 2 CFR
200.306.
(b) The State fish and wildlife agency must fulfill cost sharing
requirements at the:
(1) Award level if the award has funds from a single subaccount; or
(2) Subaccount level if the award has funds from more than one
subaccount.
Subpart H--General Award Administration
Sec. 80.90 [Reserved]
Sec. 80.91 What is a Federal obligation of funds, and how does it
occur?
An obligation of funds is a legal liability to disburse funds
immediately or later based on a series of actions. All these actions
must occur to obligate funds for the formula-based grant programs
authorized by the Acts:
(a) The Service sends to a State fish and wildlife agency an annual
certificate of apportionment, which tells the agency how much funding
is available according to formulas in the Acts.
(b) The agency sends the Regional Director an application for
Federal assistance to use the funds available to the agency under the
Acts and commits to provide the required cost sharing to carry out
projects that are substantial in character and design.
(c) The Regional Director notifies the agency that the application
for Federal assistance is approved and states the terms and conditions
of the award.
(d) The agency accepts the terms and conditions of the award in one
of the following ways:
(1) Starts work on the grant-funded project by placing an order,
entering into a contract, entering into a subaward, receiving goods or
services, or otherwise incurring allowable costs during the period of
performance that will require payment immediately or in the future;
(2) Draws down funds for an allowable activity under the award; or
(3) Accepts the award via electronic means.
Sec. 80.92 How long are funds available for a Federal obligation?
Funds are available for a Federal obligation starting October 1 of
the FFY in which they are apportioned and for the number of years
indicated in table 1 to Sec. 80.92. Funds not obligated within the
required period of availability will revert to the Service and be
disbursed as described in the table.
[[Page 1903]]
Table 1 to Sec. 80.92
------------------------------------------------------------------------
Disbursement of
Period of unobligated funds at
Program/subprogram availability the end of the period
for obligation of availability for
(FFYs) obligation
------------------------------------------------------------------------
Wildlife Restoration Act
------------------------------------------------------------------------
Enhanced Hunter Education and 1 Reapportioned the
Safety program. following year only to
States that have fully
obligated the current
year's Basic Hunter
Education and Safety
program funds to
activities at 16
U.S.C. 669g(b) (see
Sec. Sec. 80.50(b)
and 80.63).
Traditional Wildlife 2 Made available to the
Restoration program. Secretary for carrying
out the provisions of
the Migratory Bird
Conservation Act (16
U.S.C. 715 et seq.);
hereafter referred to
as ``migratory bird
conservation'' (see 16
U.S.C. 669b(a)(1)).
Basic Hunter Education and 2 Migratory bird
Safety subprogram. conservation.
Basic Hunter Education and 2 Migratory bird
Safety subprogram for R3 conservation.
activities at 16 U.S.C.
669c(c)(4).
Traditional Wildlife 5 Migratory bird
Restoration program for public conservation.
target ranges (90/10/5).
Basic Hunter Education and 5 Migratory bird
Safety subprogram for public conservation.
target ranges (90/10/5).
Enhanced Hunter Education and 5 Reapportioned the
Safety program for public following year only to
target ranges (90/10/5). States that have fully
obligated the current
year's Basic Hunter
Education and Safety
funds to activities at
16 U.S.C. 669g(b) (see
Sec. Sec. 80.50(b)
and 80.63).
------------------------------------------------------------------------
Sport Fish Restoration Act
------------------------------------------------------------------------
Sport Fish Restoration program. 2 Available for
expenditure by the
Secretary of the
Interior to supplement
the Sport Fish
Restoration
apportionment, as
provided for in 16
U.S.C. 777c(c), the
following year.
Aquatic Resource Education 2 Same as apportioned
program. Sport Fish Restoration
funds.
State Outreach and 2 Same as apportioned
Communications program. Sport Fish Restoration
funds.
Recreational Boating Access 5 Same as apportioned
subprogram. Sport Fish Restoration
funds.
------------------------------------------------------------------------
Sec. 80.93 When may a State fish and wildlife agency incur costs
under an award?
A State fish and wildlife agency may incur costs under an award
from the effective date of the period of performance to the end of the
period of performance except for pre-award costs that meet the
conditions in Sec. 80.94.
Sec. 80.94 May a State fish and wildlife agency incur costs before
the beginning of the period of performance?
(a) A State fish and wildlife agency may incur costs of a proposed
project before the beginning of the period of performance (i.e., pre-
award costs). However, the agency has no assurance that it will receive
reimbursement until the Regional Director approves an award that
incorporates a project statement demonstrating that the pre-award costs
conform to all the conditions set forth in paragraph (b) of this
section.
(b) Pre-award costs must meet the following requirements:
(1) The costs are necessary and reasonable for accomplishing the
award objectives.
(2) The Regional Director would have approved the costs if the
State fish and wildlife agency incurred them during the period of
performance.
(3) The agency incurs these costs in anticipation of the award and
in conformity with the negotiation of the award with the Regional
Director.
(4) The activities associated with the pre-award costs comply with
all laws, regulations, and policies applicable to a grant-funded
project.
(5) The agency must:
(i) Obtain the Regional Director's concurrence that the Service
will be able to comply with the applicable laws, regulations, and
policies before the agency starts work on the ground; and
(ii) Provide the Service all the necessary information with enough
lead time for the Service to comply with the applicable laws,
regulations, and policies.
(6) The agency must not complete the project before the beginning
of the period of performance unless the Regional Director concurs that
doing so is necessary to take advantage of temporary circumstances
favorable to the project or to meet legal deadlines. An agency
completes a project when it incurs all costs and finishes all work
necessary to achieve the project objectives.
(c) The agency can receive reimbursement for pre-award costs only
after the beginning of the period of performance, and, for activities
requiring compliance, only after the compliance is satisfied.
Sec. 80.95 How does a State fish and wildlife agency receive Federal
award funds?
(a) A State fish and wildlife agency may receive Federal award
funds through either:
(1) A request for reimbursement; or
(2) A request for an advance of funds if the agency maintains or
demonstrates that it will maintain procedures to minimize time between
transfer of funds and disbursement by the agency or its subrecipient.
(b) An agency must use the following procedures to receive a
reimbursement or an advance of funds:
(1) Request funds through an electronic payment system designated
by the Regional Director; or
(2) Request funds on a standard form for that purpose only if the
agency is unable to use the electronic payment system.
(c) The Regional Director will reimburse or advance funds only to
the office or official designated by the agency and authorized by State
law to receive public funds for the State.
(d) All payments are subject to final determination of allowability
based on audit or a Service review. The State fish
[[Page 1904]]
and wildlife agency must repay any overpayment as directed by the
Regional Director.
(e) The Regional Director may withhold payments pending receipt of
all required reports or documentation for the project.
Sec. 80.96 May a State fish and wildlife agency use Federal funds
without using cost sharing?
(a) The State fish and wildlife agency must not draw down any
Federal funds for a grant-funded project under the Acts in greater
proportion to the use of cost sharing than total Federal funds bear to
total cost sharing unless:
(1) The recipient draws down Federal award funds to pay for
construction, including land acquisition;
(2) A third-party in-kind contribution of cost sharing is not yet
available for delivery to the recipient or subrecipient; or
(3) The project is not at the point where it can accommodate a
third-party in-kind contribution.
(b) If an agency draws down Federal funds in greater proportion to
the use of cost sharing than total Federal funds bear to total cost
sharing under the conditions described at paragraphs (a)(1) through (3)
of this section, the agency must:
(1) Obtain the Regional Director's prior approval; and
(2) Satisfy the project's cost sharing requirement before
submitting the final Federal financial report.
Sec. 80.97 What is barter, and may a State fish and wildlife agency
use barter of goods or services to carry out a grant-funded project?
(a) Barter is a nonmonetary exchange of goods or services with
another entity (reciprocal transfer). If goods or services are given or
received without expectation of a reciprocal transfer, the activity is
not barter and is an expense of or donation to the agency.
(b) A State fish and wildlife agency may use barter to carry out a
grant-funded project when following approved State policies and
procedures that comply with the generally accepted accounting practices
as defined by the Governmental Accounting Standards Board. The State
processes, as applied by the agency, may identify types of barter
(e.g., cooperative farming or grazing) for which the agency will
consider the barter transaction to be an even exchange.
Sec. 80.98 How must a State fish and wildlife agency include barter
in an award and report barter transactions?
(a) A State fish and wildlife agency must identify when barter
exchanges are anticipated in the project when applying for, or carrying
out, an award. All activities included in a barter transaction are
subject to Federal compliance requirements under an award.
(b) An agency must follow its State processes for authorizing,
valuing, and documenting barter transactions, and report barter
transactions under an award in the Federal financial report according
to table 1 to Sec. 80.98:
Table 1 to Sec. 80.98
------------------------------------------------------------------------
If, following the State processes for
barter transactions . . . . Then the agency must . . . .
------------------------------------------------------------------------
(1) The barter transaction is Disclose in the remarks section
determined to be an even exchange of that the barter transaction(s)
goods or services. occurred, and the barter
transaction(s) resulted in no
gain or loss to the agency.
(2) The fair value of the goods or Disclose in the remarks section
services provided by the State fish that the barter transaction(s)
and wildlife agency exceeds the fair occurred and report the
value of the goods and services difference in fair value as
received. award expenses in the Federal
financial report.
(3) The fair value of the goods or Disclose in the remarks section
services received exceeds the fair that the barter transaction(s)
value of the goods and services the occurred and report the
State fish and wildlife agency difference in fair value as
provided. program income in the Federal
financial report.
------------------------------------------------------------------------
Sec. 80.99 Are symbols available to identify projects?
Yes. The following distinctive symbols are available to identify
projects funded by the Acts and products on which taxes and duties have
been collected to support the Acts:
(a) The symbol of the Wildlife Restoration Act follows:
Image 1 to paragraph (a)
[GRAPHIC] [TIFF OMITTED] TR15JA26.011
(b) The symbol of the Sport Fish Restoration Act follows:
Image 2 to paragraph (b)
[GRAPHIC] [TIFF OMITTED] TR15JA26.012
(c) The symbol of the Acts when used in combination follows:
Image 3 to paragraph (c)
[GRAPHIC] [TIFF OMITTED] TR15JA26.013
Sec. 80.100 Must a State fish and wildlife agency display one of the
symbols set forth in this part on a completed project?
No. A State fish and wildlife agency is not required to display one
of the symbols in Sec. 80.99 on a project completed under the Acts.
(a) However, the Service encourages agencies to display the
appropriate symbol on projects funded by the Acts. Appropriate use and
requirements for symbols are as follows:
(1) An agency may display the appropriate symbol(s) on:
(i) Areas such as wildlife-management areas, shooting ranges, and
sportfishing and boating-access facilities that were acquired,
developed, operated, or maintained with funds authorized by the Acts;
and
(ii) Printed or web-based material or other visual representations
of project accomplishments.
(2) An agency may establish a requirement for similar standards for
displaying the appropriate symbol or symbols, in the places described
in paragraph (a) of this section, that is passed through to
subrecipients.
(3) An agency may use the symbols in a manner other than as
described in paragraph (a) of this section if authorized by the
Director or a Regional Director.
(b) The Director or Regional Director may authorize other persons,
organizations, agencies, or governments to use the symbols for purposes
related to the Acts.
(c) Restrictions and requirements on use of symbols for either
agencies or other entities are as follows:
[[Page 1905]]
(1) Users of the symbol(s) indemnify and defend the United States
and hold it harmless from any claims, suits, losses, and damages from:
(i) Any allegedly unauthorized use of any patent, process, idea,
method, or device by the user in connection with its use of the
symbol(s), or any other alleged action of the user; and
(ii) Any claims, suits, losses, and damages arising from alleged
defects in the articles or services associated with the symbol(s).
(2) The appearance of the symbol(s) on projects or products
indicates that the manufacturer of the product pays excise taxes in
support of the respective Act(s) and that the project was funded under
the respective Act(s) (26 U.S.C. 4161, 4162, 4181, 4182, 9503, and
9504). The Service and the Department of the Interior make no
representation or endorsement whatsoever by the display of the
symbol(s) as to the quality, utility, suitability, or safety of any
product, service, or project associated with the symbol(s).
(3) No one may use any of the symbols in any other manner unless
authorized by the Director or Regional Director. Unauthorized use of
the symbol(s) is a violation of 18 U.S.C. 701 and subjects the violator
to possible fines and imprisonment.
Subpart I--Program Income
Sec. 80.120 What is program income?
(a) Program income is gross income earned by the recipient or
subrecipient that is directly generated by an award activity or earned
as a result of the Federal award during the period of performance (see
2 CFR 200.1 and 200.307).
(b) Program income includes revenue from:
(1) Services performed under an award.
(2) Use or rental of real or personal property acquired,
constructed, or managed with award funds.
(3) Payments by concessioners or contractors under an arrangement
with the agency or subrecipient to provide a service in support of
award objectives on real property acquired, constructed, or managed
with award funds.
(4) Sale of items produced under an award.
(5) Fees collected by the agency for delivering or providing hunter
education, aquatic education, or other courses.
(6) Royalties and license fees for copyrighted material, patents,
and inventions developed as a result of an award.
(7) Sale of a product of mining, drilling, forestry, or agriculture
during the period of performance that supports the:
(i) Mining, drilling, forestry, or agriculture; or
(ii) Acquisition of the land on which these activities occurred.
(8) Barter transactions when the value of goods or services
received exceeds the value of goods or services the agency provided.
(c) Program income does not include any of the following:
(1) Interest on award funds, rebates, credits, discounts, or
refunds.
(2) Sales receipts retained by concessioners or contractors under
an arrangement with the agency to provide a service in support of award
objectives on real property acquired, constructed, or managed with
award funds.
(3) Cash received by the agency or by volunteer instructors to
cover incidental costs of hunter education, aquatic education, or other
classes. Incidental costs are small amounts and typically not essential
to the training delivery. Materials purchased at cost by the student,
separate from course fees, are incidental costs.
(4) Proceeds from the sale of real property, equipment, or
supplies.
Sec. 80.121 [Reserved]
Sec. 80.122 May a State fish and wildlife agency deduct the costs of
generating program income from gross income?
(a) A State fish and wildlife agency may deduct the costs of
generating program income from gross income when the agency calculates
program income if the agency does not:
(1) Pay these costs with:
(i) Federal or cost-sharing funds under a Federal award; or
(ii) Federal funds unrelated to an award.
(2) Cover these costs by accepting:
(i) Cost-sharing contributions for a Federal award; or
(ii) Donations of services, personal property, or real property
unrelated to a Federal award.
(b) Examples of costs of generating program income that may qualify
for deduction from gross income if they are consistent with the
regulations in paragraph (a) of this section are:
(1) The cost of estimating the amount of commercially acceptable
timber in a forest and marking it for harvest if the commercial harvest
is incidental to a grant-funded habitat-management or facilities-
construction project.
(2) The cost of publishing research results as a pamphlet or book
for sale if the publication is incidental to a grant-funded research
project.
Sec. 80.123 [Reserved]
Sec. 80.124 How may a State fish and wildlife agency use unexpended
program income?
A State fish and wildlife agency must spend program income before
requesting additional payments under an award. If the agency has
unexpended program income on its final Federal financial report, it may
use the income under a subsequent award for any activity eligible for
funding in the grant program that generated the program income.
Sec. 80.125 How must a State fish and wildlife agency treat income
that it earns after the period of performance?
(a) The State fish and wildlife agency must treat income that it
earns after the period of performance as either:
(1) License revenue for the administration of the agency; or
(2) Additional funding for purposes consistent with the award or
the program.
(b) The agency must indicate its choice of one of the alternatives
set forth in paragraph (a) of this section in the project statement
that the agency submits with each application for Federal assistance.
If the agency does not record its choice in the project statement, the
agency must treat the income earned after the period of performance as
license revenue.
Sec. 80.126 How must a State fish and wildlife agency treat income
earned by a subrecipient after the period of performance?
(a) The State fish and wildlife agency must treat income earned by
a subrecipient after the period of performance as:
(1) License revenue for the administration of the agency;
(2) Additional funding for purposes consistent with the award or
the program; or
(3) Income subject only to the terms of the subaward agreement and
any subsequent contractual agreements between the agency and the
subrecipient.
(b) The agency must indicate its choice of one of the above
alternatives in the project statement that the agency submits with each
application for Federal assistance. If the agency does not indicate its
choice in the project statement, the subrecipient does not have to
account for any income earned after the period of performance unless
required to do so in the subaward agreement or in any subsequent
contractual agreement.
[[Page 1906]]
Subpart J--Real Property
Sec. 80.130 Must a State fish and wildlife agency hold title to real
property acquired under an award?
A State fish and wildlife agency must hold title to an ownership
interest in real property acquired under an award to the extent
possible under State law.
(a) Some States do not authorize their fish and wildlife agency to
hold the title to real property that the agency manages. In these
cases, the State or one of its administrative units may hold the title
to grant-funded real property if the agency has the authority to manage
the real property for its authorized purpose under the award. The
agency, the State, or another administrative unit of State government
must not hold title to an undivided ownership interest in the real
property concurrently with a subrecipient or any other entity.
(b) An ownership interest is an interest in real property that
gives the person who holds it the right to use and occupy a parcel of
land or water and to exclude others. Ownership interests include fee
and leasehold interests but not easements.
Sec. 80.131 Must a State fish and wildlife agency hold an easement
acquired under an award?
A State fish and wildlife agency must hold an easement acquired
under an award, but it may share certain rights or responsibilities as
described in paragraph (b) of this section if consistent with State
law.
(a) Any sharing of rights or responsibilities does not diminish the
agency's responsibility to manage the easement for its authorized
purpose.
(b) The agency may share the holding or enforcement of an easement
only in the following situations:
(1) The State or an administrative unit of State government may
hold an easement on behalf of its fish and wildlife agency.
(2) The agency may issue a subaward with the concurrent right to
hold the easement to a nonprofit organization or to a local or Tribal
government. A concurrent right to hold an easement means that both the
State agency and the subrecipient hold the easement and share its
rights and responsibilities.
(3) The agency may issue a subaward with a right of enforcement to
a nonprofit organization or to a local or Tribal government. This right
of enforcement may allow the subrecipient to have reasonable access and
entry to property protected under the easement for purposes of
inspection, monitoring, and enforcement. The subrecipient's right of
enforcement must not supersede and must be concurrent with the agency's
right of enforcement.
Sec. 80.132 Must a State fish and wildlife agency have control over
the land or water where it completes capital improvements?
Yes. A State fish and wildlife agency must control the parcel of
land or water on which the agency completes a grant-funded capital
improvement. An agency must exercise this control by holding title to a
fee or leasehold interest or through another legally binding agreement.
Control must be adequate for the protection, maintenance, and use of
the improvement for its authorized purpose during its useful life even
if the agency did not acquire the parcel with award funds.
Sec. 80.133 Must a State fish and wildlife agency maintain acquired
or completed capital improvements?
Yes. A State fish and wildlife agency is responsible for
maintaining capital improvements acquired or completed under an award
to ensure that each capital improvement continues to serve its
authorized purpose during its useful life.
Sec. 80.134 How must a State fish and wildlife agency use real
property?
(a) If an award funds acquisition of an interest in a parcel of
land or water, the State fish and wildlife agency must use the land or
water for the purpose authorized in the award.
(b) If an award funds construction of a capital improvement, the
agency must use the capital improvement for the purpose authorized in
the award during the useful life of the capital improvement. The agency
must comply with this requirement even if the agency did not use award
funds to:
(1) Acquire the parcel on which the capital improvement is located;
or
(2) Build the structure in which the capital improvement is a
component.
(c) If an award funds management, operation, or maintenance of a
parcel of land or water, or a capital improvement, the agency must use
the parcel or capital improvement for the purpose authorized in the
award during the period of performance. The agency must comply with
this requirement even if the agency did not acquire the parcel or
construct the capital improvement with award funds.
(d) A State agency may allow commercial, recreational, and other
secondary uses of a grant-funded parcel of land or water or capital
improvement if these secondary uses do not interfere with the
authorized purpose of the award.
(e) Real property acquired with license revenue (see Sec.
80.20(b)) must be controlled by the State fish and wildlife agency and
used only for administration of the agency (see Sec. 80.10).
Sec. 80.135 What if a State fish and wildlife agency allows a use of
real property that interferes with its authorized purpose?
(a) When a State fish and wildlife agency allows a use of real
property that interferes with the authorized purpose of the real
property under an award, the agency must fully restore the real
property to its authorized purpose.
(b) If the agency cannot fully restore the real property to its
authorized purpose, then the agency must replace the real property
using non-Federal funds.
(c) The agency must determine that the replacement property:
(1) Is of at least equal value at current market prices; and
(2) Has fish-, wildlife-, and public-use benefits consistent with
the purposes of the original award.
(d) The Regional Director may require the agency to obtain an
appraisal and appraisal review to estimate the value of the replacement
property at current market prices if the agency cannot support its
assessment of value.
(e) The agency must obtain the Regional Director's approval of:
(1) The agency's determination of the value and benefits of the
replacement property; and
(2) The documentation supporting this determination.
(f) The agency may have up to 3 years from the date of notification
by the Regional Director to restore the real property to its authorized
purpose or acquire replacement property. If the agency does not restore
the real property to its authorized purpose or acquire replacement
property within 3 years, the Director may declare the agency ineligible
to receive new awards in the program or programs that funded the
original acquisition.
Sec. 80.136 Is it a diversion if a State fish and wildlife agency
does not use real property acquired under an award for its authorized
purpose?
If a State fish and wildlife agency does not use real property
acquired under an award for its authorized purpose, a diversion occurs
only if both of the following conditions apply:
(a) The agency used license revenue as cost sharing for the award;
and
(b) The unauthorized use is for a purpose other than management of
the fish-and-wildlife-related resources for which the agency has
authority under State law.
[[Page 1907]]
Sec. 80.137 What if real property is no longer useful or needed for
its original purpose?
If the director of the State fish and wildlife agency and the
Regional Director jointly decide that real property acquired with award
funds is no longer useful or needed for the original purpose of the
real property under the award, the director of the agency must:
(a) Propose another eligible purpose for the real property under
the grant program and ask the Regional Director to approve this
proposed purpose; or
(b) Follow the regulations at 2 CFR 200.311 and consult with the
Regional Director on how to treat proceeds from the disposition of real
property.
Subpart K--Revisions and Appeals
Sec. 80.150 How does a State fish and wildlife agency revise an
award?
(a) A State fish and wildlife agency requests approval for a
revision to a project or award by providing the Service the following
documents:
(1) The Office of Management and Budget (OMB)-approved common
application information for Federal assistance, approved by the
director of the agency or the director's designee, to update or request
a change in the information that the agency submitted in an approved
application.
(2) A statement that explains:
(i) How the requested revision would affect the information that
the agency submitted with the original grant application; and
(ii) Why the requested revision is necessary.
(b) If the State maintains the process under Executive Order 12372,
Intergovernmental Review of Federal Programs, the agency must follow
its processes for sending any requested revision of the purpose or
objectives of a project or award to the State Clearinghouse or Single
Point of Contact.
Sec. 80.151 May a State fish and wildlife agency appeal a decision?
Yes. A State fish and wildlife agency may appeal the Director's or
Regional Director's decision on any matter subject to this part.
(a) The agency must send the appeal to the Director within 30 days
of the date that the Director or Regional Director mails or otherwise
informs an agency of a decision.
(b) The agency may appeal the Director's decision on an appeal made
under paragraph (a) of this section to the Secretary. An appeal to the
Secretary must be made within 30 days of the date the decision was
mailed and must follow procedures in 43 CFR part 4, subpart G.
Subpart L--Information Collection
Sec. 80.160 What are the information collection requirements of this
part?
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part 80 and
assigned the following OMB Control Numbers 1018-0088, ``National Survey
of Fishing, Hunting, and Wildlife-Associated Recreation (FHWAR)'' and
1018-0100, ``Administrative Procedures for U.S. Fish and Wildlife
Service Financial Assistance Programs.'' Federal agencies may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. Direct comments regarding the burden estimate or any
other aspect of the information collection to the Service's Information
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
Kevin Lilly,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2026-00676 Filed 1-14-26; 8:45 am]
BILLING CODE 4333-15-P