cfr_sections
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77 rows where agency = "FWS" and part_number = 80 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:9.0.1.5.23.1.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | A | Subpart A—General | § 80.1 What does this part do? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.1.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | A | Subpart A—General | § 80.2 What terms do I need to know? | FWS | 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 fu… | ||||
| 50:50:9.0.1.5.23.10.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.130 Must a State fish and wildlife agency hold title to real property acquired under an award? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.10.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.131 Must a State fish and wildlife agency hold an easement acquired under an award? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.10.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.132 Must a State fish and wildlife agency have control over the land or water where it completes capital improvements? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.10.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.133 Must a State fish and wildlife agency maintain acquired or completed capital improvements? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.10.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.134 How must a State fish and wildlife agency use real property? | FWS | (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 § 80.20(b)) must be controlled by the State fish and wildlife agency and used only for administration of the agency (see § 80.10). | ||||
| 50:50:9.0.1.5.23.10.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.135 What if a State fish and wildlife agency allows a use of real property that interferes with its authorized purpose? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.10.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 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? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.10.37.8 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | J | Subpart J—Real Property | § 80.137 What if real property is no longer useful or needed for its original purpose? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.11.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | K | Subpart K—Revisions and Appeals | § 80.150 How does a State fish and wildlife agency revise an award? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.11.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | K | Subpart K—Revisions and Appeals | § 80.151 May a State fish and wildlife agency appeal a decision? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.12.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | L | Subpart L—Information Collection | § 80.160 What are the information collection requirements of this part? | FWS | 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). | ||||
| 50:50:9.0.1.5.23.2.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | B | Subpart B—State Fish and Wildlife Agency Eligibility | § 80.10 Who is eligible to receive the benefits of the Acts? | FWS | [91 FR 1723, Jan. 15, 2026] | 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. | |||
| 50:50:9.0.1.5.23.2.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | B | Subpart B—State Fish and Wildlife Agency Eligibility | § 80.11 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.2.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | B | Subpart B—State Fish and Wildlife Agency Eligibility | § 80.12 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.3.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | C | Subpart C—License Revenue | § 80.20 What does revenue from hunting and fishing licenses include? | FWS | 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 § 80.21.) (f) Reimbursements for expenditures originally paid with license revenue. (g) Payments received for services funded by license revenue. | ||||
| 50:50:9.0.1.5.23.3.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | C | Subpart C—License Revenue | § 80.21 What if a State diverts license revenue from the control of its fish and wildlife agency? | FWS | The Director may declare a State to be in diversion if it violates the requirements of § 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. | ||||
| 50:50:9.0.1.5.23.3.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | C | Subpart C—License Revenue | § 80.22 What must a State do to resolve a declaration of diversion? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.3.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | C | Subpart C—License Revenue | § 80.23 Does a declaration of diversion affect a previous Federal obligation of funds? | FWS | 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 § 80.91 for when a Federal obligation occurs. | ||||
| 50:50:9.0.1.5.23.4.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.30 Why must a State fish and wildlife agency certify the number of paid license holders? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.4.37.10 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.39 What must a State fish and wildlife agency do if it becomes aware of errors in its certified license data? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.4.37.11 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.40 May the Service recalculate an apportionment if a State fish and wildlife agency submits revised data? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.4.37.12 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.41 May the Director correct a Service error in apportioning funds? | FWS | Yes. The Director may correct any error that the Service makes in apportioning funds. | ||||
| 50:50:9.0.1.5.23.4.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.31 How does a State fish and wildlife agency certify the number of paid license holders? | FWS | (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, 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. | ||||
| 50:50:9.0.1.5.23.4.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.32 What is the certification period? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.4.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.33 How does a State fish and wildlife agency decide who to count as paid license holders in the annual certification? | FWS | (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 § 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 § 80.35, when holding a lifetime license. (c) An individual is counted as a valid license holder when meeting requirements at § 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 animal… | ||||
| 50:50:9.0.1.5.23.4.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.34 Must a State fish and wildlife agency receive a minimum amount of revenue for each year a license holder is certified? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.4.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.35 What additional options and requirements apply to multiyear licenses? | FWS | In addition to the requirements at § 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 § 80.34 to those multiyear licenses under the following situati… | ||||
| 50:50:9.0.1.5.23.4.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 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? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.4.37.8 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 80.37 May the State fish and wildlife agency certify a license sold at a discount? | FWS | 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 § 80.34. | ||||
| 50:50:9.0.1.5.23.4.37.9 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | D | Subpart D—Certifying License Holders | § 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? | FWS | 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 § 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. | ||||
| 50:50:9.0.1.5.23.5.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.50 What activities are eligible for funding under the Wildlife Restoration Act? | FWS | 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: (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 § 80.60 when combining up to 10 percent of annually apportioned Traditional Wildlife Restoration funds (16 U.S.C. 6… | ||||
| 50:50:9.0.1.5.23.5.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.51 What activities are eligible for funding under the Sport Fish Restoration Act? | FWS | 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) Supporti… | ||||
| 50:50:9.0.1.5.23.5.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.52 What activities are eligible for funding under all programs and subprograms under the Acts? | FWS | 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, 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 § 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 §§ 80.50(a)(8) and 80.5… | ||||
| 50:50:9.0.1.5.23.5.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.53 May an activity be eligible for funding if it is not explicitly eligible according to the regulations in this part? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.5.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.54 Are costs of State central services eligible for funding? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.5.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.55 What activities are ineligible for funding? | FWS | 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 § 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 §§ 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 § 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 § 80.58). | ||||
| 50:50:9.0.1.5.23.5.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.56 May a State fish and wildlife agency receive an award to carry out part of a larger project? | FWS | 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 § 80.57); (c) Meet the requirements of §§ 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. | ||||
| 50:50:9.0.1.5.23.5.37.8 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.57 How does a proposed project qualify as substantial in character and design? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.5.37.9 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | E | Subpart E—Eligible Activities | § 80.58 What are public access requirements for activities in an approved award under the Wildlife Restoration or Sport Fish Restoration programs? | FWS | (a) Public access is required for some eligible activities (see §§ 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 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. | ||||
| 50:50:9.0.1.5.23.6.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | 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? | FWS | (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 range… | ||||
| 50:50:9.0.1.5.23.6.37.10 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.69 What requirements apply to allocation of funds between marine and freshwater fisheries projects? | FWS | 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 … | ||||
| 50:50:9.0.1.5.23.6.37.11 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.70 May a State fish and wildlife agency finance an activity from more than one annual apportionment? | FWS | 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 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. | ||||
| 50:50:9.0.1.5.23.6.37.12 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.71 What requirements apply to financing an activity from more than one annual apportionment? | FWS | 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). | ||||
| 50:50:9.0.1.5.23.6.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 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? | FWS | Table 1 to § 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 § 80.61 [BHE = Basic Hunter Education and Safety subprogram; EHE = Enhanced Hunter Education and Safety program; TWR = Traditional Wildlife Restoration program] | ||||
| 50:50:9.0.1.5.23.6.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.62 What are eligible and ineligible 90/10/5 activities? | FWS | (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 ra… | ||||
| 50:50:9.0.1.5.23.6.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.63 What exception is provided for Enhanced Hunter Education and Safety program funds in relation to Basic Hunter Education and Safety program funds? | FWS | (a) If Basic Hunter Education and Safety program funds are fully obligated for activities listed at § 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 § 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. | ||||
| 50:50:9.0.1.5.23.6.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.64 What requirements apply to funds for the Recreational Boating Access subprogram? | FWS | 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. (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… | ||||
| 50:50:9.0.1.5.23.6.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.65 What limitations apply to spending on the Aquatic Resource Education and the State Outreach and Communications subprograms? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.6.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.66 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.6.37.8 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.67 How does a State fish and wildlife agency allocate costs to an award in multipurpose projects and facilities? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.6.37.9 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | F | Subpart F—Allocation of Funds by an Agency | § 80.68 Must a State fish and wildlife agency allocate funds between marine and freshwater fisheries projects? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.7.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.80 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.7.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.81 What must a State fish and wildlife agency submit when applying for a comprehensive-management-system award? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.7.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.82 What must a State fish and wildlife agency submit when applying for a project-by-project award? | FWS | 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 o… | ||||
| 50:50:9.0.1.5.23.7.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.83 What is the Federal share of allowable costs? | FWS | (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 f… | ||||
| 50:50:9.0.1.5.23.7.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.84 How does the Service establish the non-Federal share of allowable costs? | FWS | (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 § 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 § 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). | ||||
| 50:50:9.0.1.5.23.7.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | G | Subpart G—Applying for an Award | § 80.85 What requirements apply to cost sharing? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.8.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.90 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.8.37.10 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.99 Are symbols available to identify projects? | FWS | 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) (b) The symbol of the Sport Fish Restoration Act follows: Image 2 to paragraph (b) (c) The symbol of the Acts when used in combination follows: Image 3 to paragraph (c) | ||||
| 50:50:9.0.1.5.23.8.37.11 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.100 Must a State fish and wildlife agency display one of the symbols set forth in this part on a completed project? | FWS | No. A State fish and wildlife agency is not required to display one of the symbols in § 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: (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 an… | ||||
| 50:50:9.0.1.5.23.8.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.91 What is a Federal obligation of funds, and how does it occur? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.8.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.92 How long are funds available for a Federal obligation? | FWS | 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 § 80.92. Funds not obligated within the required period of availability will revert to the Service and be disbursed as described in the table. Table 1 to § 80.92 | ||||
| 50:50:9.0.1.5.23.8.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.93 When may a State fish and wildlife agency incur costs under an award? | FWS | 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 § 80.94. | ||||
| 50:50:9.0.1.5.23.8.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.94 May a State fish and wildlife agency incur costs before the beginning of the period of performance? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.8.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.95 How does a State fish and wildlife agency receive Federal award funds? | FWS | (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 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. | ||||
| 50:50:9.0.1.5.23.8.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.96 May a State fish and wildlife agency use Federal funds without using cost sharing? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.8.37.8 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 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? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.8.37.9 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | H | Subpart H—General Award Administration | § 80.98 How must a State fish and wildlife agency include barter in an award and report barter transactions? | FWS | (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 § 80.98: Table 1 to § 80.98 | ||||
| 50:50:9.0.1.5.23.9.37.1 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.120 What is program income? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.9.37.2 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.121 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.9.37.3 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.122 May a State fish and wildlife agency deduct the costs of generating program income from gross income? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.9.37.4 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.123 [Reserved] | FWS | |||||
| 50:50:9.0.1.5.23.9.37.5 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.124 How may a State fish and wildlife agency use unexpended program income? | FWS | 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. | ||||
| 50:50:9.0.1.5.23.9.37.6 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.125 How must a State fish and wildlife agency treat income that it earns after the period of performance? | FWS | (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. | ||||
| 50:50:9.0.1.5.23.9.37.7 | 50 | Wildlife and Fisheries | I | F | 80 | PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS | I | Subpart I—Program Income | § 80.126 How must a State fish and wildlife agency treat income earned by a subrecipient after the period of performance? | FWS | (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. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);