Billing Code: 4310--55--P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 80

\[FWS-R9-WSR-2008-0035\]

\[91400--5110--0000--7B\]

RIN 1018--AV99

 

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

**AGENCY:** Fish and Wildlife Service, Interior.

**ACTION:** Proposed rule.

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

**DATES:** We will accept comments received or postmarked on or before
\[[Insert date 30 days after the date of publication in the FEDERAL
REGISTER]{.underline}\].

**ADDRESSES:** You may submit comments by one of the following methods:

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN
    1018-AV99; Division of Policy and Directives Management; U.S. Fish
    and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
    VA 22203.

We will not accept e-mail or faxes. We will post all comments on
[http://www.regulations.gov](http://www.regulations.gov/). This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).

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

**SUPPLEMENTARY INFORMATION:**

**Background**

The U.S. Department of the Interior's (DOI) Fish and Wildlife Service
(Service) manages 38 financial assistance programs, 14 of which are
managed, in whole or in part, by the Service's Wildlife and Sport Fish
Restoration activity (WSFR). This proposed rule will revise title 50,
part 80, of the Code of Federal Regulations (CFR), which contains the
regulations that govern three WSFR programs: Wildlife Restoration, Sport
Fish Restoration, and Hunter Education and Safety. The Sport Fish
Restoration program includes freshwater and marine fisheries, aquatic
resource education, and boat access programs. These programs provide
financial assistance to the fish and wildlife agencies of States and
other eligible jurisdictions to manage fish and wildlife and provide
hunter education and safety programs. The Catalog of Federal Domestic
Assistance at [http://www.cfda.gov](http://www.cfda.gov/) describes
these programs under 15.611, 15.605, and 15.626.

The Federal Aid in Wildlife Restoration Act of September 2, 1937, and
the Federal Aid in Sport Fish Restoration Act of August 9, 1950, as
amended, established the programs affected by this proposed rule. These
acts are more commonly known as the Pittman--Robertson Wildlife
Restoration Act (50 Stat. 917; 16 U.S.C. 669--669k) and the
Dingell--Johnson Sport Fish Restoration Act (64 Stat. 430; 16 U.S.C.
777--777n). They established a user-pay and user-benefit system in which
the fish and wildlife agencies of the States, Commonwealths, and
territories receive formula-based funding from a continuing
appropriation. The District of Columbia also receives such funding, but
only for managing fish resources. Industry partners pay taxes on
equipment and gear manufactured for purchase by hunters, anglers,
boaters, archers, and recreational shooters. The Service then
distributes those funds to the fish and wildlife agencies of States and
other eligible jurisdictions. States must match these Federal funds by
providing a 25-percent cost share. In fiscal year 2008, the States and
other eligible jurisdictions received \$310 million through the Wildlife
Restoration and Hunter Education and Safety programs and \$398 million
through the Sport Fish Restoration program.

The Service revised two sections of 50 CFR 80 in 2001, but we have not
systematically reviewed other sections for revision since the 1980's.
Consequently, some provisions do not reflect:

\(a\) the promulgation in 1988 of 43 CFR 12, subpart C "Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments";

\(b\) the Transportation Equity Act for the 21st Century in 1998, which
raised the minimum level of spending for boating access in the Sport
Fish Restoration program from 10 to 15 percent; and

\(c\) the Presidential memorandum of June 1, 1998, that required the use
of plain language in Government writing.

In addition, we must clarify 50 CFR 80.10 on certification of hunting
and fishing licenses to address the greater number of licensing choices
that some States and other jurisdictions have offered hunters and
anglers in recent years.

**Updates to the Regulations**

We propose to update and revise the regulations at 50 CFR 80 to reflect
a 2000 amendment of the legal authority that established the affected
program. More specifically, we propose to change the names of the
Federal Aid in Wildlife Restoration Act of September 2, 1937, and the
Federal Aid in Sport Fish Restoration Act of August 9, 1950, to the
Pittman--Robertson Wildlife Restoration Act and the Dingell--Johnson
Sport Fish Restoration Act. We propose to change the name of the
activities associated with the management of the affected financial
assistance programs from "Federal Aid" to "Wildlife and Sport Fish
Restoration Program." We also propose to update the U.S. Code citations
in 50 CFR 80.1 for the Pittman--Robertson Wildlife Restoration Act and
Dingell--Johnson Sport Fish Restoration Act. The proposed changes above
will make 50 CFR 80 consistent with the Wildlife and Sport Fish
Restoration Improvement Act of 2000.

We propose to make nonsubstantive administrative changes in 50 CFR 80 to
ensure that its provisions accurately reflect law and regulation to
implement changes that have occurred in these areas over the past 20
years. We would replace the reference in § 80.14 to Office of Management
and Budget (OMB) Circular A--102's Attachment N with 43 CFR 12.71 and
12.932 as a source of guidance on the use and disposition of unneeded
real property.

The provisions of § 80.19 on records and § 80.22 on audits also refer to
subject matter that was in the 1971 version of A--102. We would delete
all the contents of these sections because 43 CFR 12.82 and 12.66 are
applicable to the affected programs, and they address these subjects
adequately.

We propose to delete the definition and references to the "Federal Aid
Manual" in § 80.1 and § 80.11 because the "Federal Aid Manual" is a
compendium of the Director's instructions to his or her employees and
not appropriate for regulations, which are directed toward and have
impacts on the public. We propose to delete references to the Standard
Forms (SF) 271 and 269B and add SF 269 in § 80.27 to reflect the forms
approved by OMB. We propose to delete § 80.27(d) because the form
required by that paragraph, a grant agreement, is no longer valid. We
also deleted the estimates of the time required to fill out the forms
because such specific information that will change over time is not
appropriate for regulations.

We propose to change "aquatic education" to "aquatic resource education"
in § 80.15 to reflect more accurately the language of the
Dingell--Johnson Sport Fish Restoration Act. We will apply plain
language principles to those provisions where we have to change or
clarify the content of the regulations. This conversion to plain
language will make the affected provisions clearer as well as comply
with the Service's plain language policy. More specifically, we will
replace words that are susceptible to different meanings with words that
are more precise, e.g., we propose to change "shall" to "must." We will
refer to the territories, Commonwealths, and the District of Columbia in
a consistent way throughout 50 CFR 80. Finally, we will alphabetize
definitions in § 80.1 for ease of reference and to conform to policy of
the Office of the Federal Register.

**Clarifying the Requirements**

We propose to make administrative changes in 50 CFR 80 to ensure that
the process for certifying the number of hunter and angler licenses
provides accurate data that are comparable among the States ("States"
include Commonwealths, territories, and the District of Columbia in the
context of license certification.). This proposed change is important
because we apportion funds to the States based in part on the numbers of
these licenses. We need to clarify this process because, as States
offered more licensing options, they began to use different approaches
in counting the individuals who purchased licenses. We propose several
changes to resolve this problem. We would clarify the 12-month period
during which a State-identified license year must end. We would also
establish a common approach for States to assign single-year license
holders to a license year. Under this approach, States would assign
single-year license holders only to the period in which they purchased
the license instead of having the option of assigning them to the period
in which their licenses are valid. Finally, we would clarify that, under
certain conditions, States may assign a person who purchases a multiyear
license to each license period in which the license is valid.

We propose to add the territory of American Samoa to the jurisdictions
in § 80.2(b) that are eligible to participate in the benefits of the
Pittman--Robertson Wildlife Restoration Act. This is consistent with
sections 4(c) and 8(a) of the Pittman--Robertson Wildlife Restoration
Act.

We propose to add the District of Columbia to the list of jurisdictions
in § 80.12 for which the non-Federal cost sharing must not exceed 25
percent. This change is consistent with section 12 of the
Dingell--Johnson Sport Fish Restoration Act.

We propose to increase the minimum expenditure of Sport Fish Restoration
apportioned dollars for recreational boating access facilities in §
80.24 from "10 per centum" to "15 percent." This change would reflect an
amendment of the Dingell--Johnson Sport Fish Restoration Act that was in
the 1998 Transportation Equity Act for the 21^st^ Century. By increasing
the percentage consistent with the 1998 act, we would also change "per
centum" to its modern counterpart "percent."

Finally, we propose to add a provision at § 80.28 that allows the
Director to authorize exceptions to any provisions of 50 CFR 80 that are
not explicitly required by law. This proposal recognizes that at some
point in the future, natural catastrophes or other extreme situations
may justify exceptions to some provisions of 50 CFR 80.

**Public Comments**

You may submit your comments and materials concerning this proposed rule
by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in the
ADDRESSES section. We will not accept anonymous comments; your comment
must include your first and last name, city, State, country, and postal
(zip) code. Finally, we will not consider hand-delivered comments that
we do not receive, or mailed comments that are not postmarked, by the
date specified in the DATES section.

If you submit a comment via [http://www.regulations.gov]{.underline},
your entire comment---including any personal identifying
information---will be posted on the Web site. If you submit a hardcopy
comment that includes personal information in addition to the required
items specified above, such as your street address, phone number, or
e-mail address, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
comments on [http://www.regulations.gov](http://www.regulations.gov/).

We are opening a comment period of only 30 days because we believe that
this amount of time will be sufficient for several reasons: (a) the
proposed changes are primarily administrative and nonsubstantive, (b)
the affected entities are aware of our intention to propose these
changes to improve the regulations, (c) the general public is basically
unaffected by these regulations, and (d) no benefit to the public would
result from offering a longer comment period and extending the overall
timeframe for this rulemaking.

**Required Determinations**

Clarity of This Regulation

Executive Order (E.O.) 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make this
rule easier to understand, including answers to questions such as the
following:

\(1\) Are the requirements in the rule clearly stated?

\(2\) Does the rule contain technical language or jargon that interferes
with its clarity?

\(3\) Does the format of the rule (e.g., grouping, order of sections,
use of headings, and paragraphing) aid or reduce its clarity?

\(4\) Would the rule be easier to understand if it were divided into
more (but shorter) sections? (A "section" appears in bold type and is
preceded by the symbol § and a numbered heading; for example: "§ 80.15
Allowable costs.")

\(5\) Does the description of the rule in the "Supplementary
Information" section of the preamble help you to understand the proposed
rule? What else could we do to make the rule easier to understand?

Send a copy of any comments that concern how we could make this rule
easier to understand to: Office of Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street, NW, Washington, DC 20240. You also
may e-mail comments to [Exsec@ios.doi.gov]{.underline}.

Regulatory Planning and Review (Executive Order 12866)

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

\(a\) Whether the rule will have an annual effect of \$100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.

\(b\) Whether the rule will create inconsistencies with other Federal
agencies' actions.

\(c\) Whether the rule will materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.

\(d\) Whether the rule raises novel legal or policy issues.

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

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended
by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 (P. L. 104--121)), whenever an agency is required to publish a
notice of rulemaking for any proposed or final rule, it must prepare and
make available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities, i.e., small
businesses, small organizations, and small government jurisdictions.
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule would not have a significant economic
impact on a substantial number of small entities.

SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the factual basis for certifying
that a rule would not have a significant economic impact on a
substantial number of small entities. We have examined this proposed
rule\'s potential effects on small entities as required by the
Regulatory Flexibility Act and have determined that this action would
not have a significant economic impact on small entities because the
changes we are proposing are intended to: (a) address changes in law and
regulation; (b) clarify rules on license certification to address a
greater number of licensing choices that States and other jurisdictions
have offered hunters and anglers; (c) delete provisions on audits and
records that are addressed in other regulations; and (d) reword the
regulations to make them easier to understand. No costs are associated
with this regulatory change. Consequently, we certify that because this
proposed rule would not have a significant economic effect on a
substantial number of small entities, a regulatory flexibility analysis
is not required.

This proposed rule is not a major rule under SBREFA (5 U.S.C. 804(2)).
It would not have a significant impact on a substantial number of small
entities.

a\. This proposed rule would not have an annual effect on the economy of
\$100 million or more.

b\. This proposed rule would not cause a major increase in costs or
prices for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions.

c\. This proposed rule would not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.

Unfunded Mandates Reform Act

In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 et
seq.), we have determined the following:

a\. This proposed rule would not "significantly or uniquely" affect
small governments. A small government agency plan is not required. The
programs governed by the current regulations assist small governments
financially, and the proposed rule would simply improve these
regulations.

b\. This proposed rule would not produce a Federal mandate of \$100
million or greater in any year, i.e., it is not a "significant
regulatory action" under the Unfunded Mandates Reform Act.

Takings

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

Federalism

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

Civil Justice Reform

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

Paperwork Reduction Act

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

National Environmental Policy Act

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

Government-to-Government Relationship with Tribes

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

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

On May 18, 2001, the President issued E.O. 13211 addressing regulations
that significantly affect energy supply, distribution, and use. E.O.
13211 requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. This rule is not a significant regulatory
action under E.O. 12866, and would not significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action and no Statement of Energy Effects is
required.

**Author**

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

**List of Subjects in 50 CFR Part 80**

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

   

**Proposed Regulation Promulgation**

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

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

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

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

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

[Authority:]{.smallcaps} 16 U.S.C. 777--777n; 16 U.S.C. 669--669k; 18
U.S.C. 701.

3\. Revise the heading of part 80 to read as set forth above.

4\. Revise § 80.1 to read as follows:

[§ 80.1 Definitions]{.underline}.

As used in this part, the following terms have these meanings:

[Common horsepower]{.underline}. Any size motor that can be reasonably
accommodated on the body of water slated for development.

[Comprehensive fish and wildlife management plan]{.underline}*.* A
document describing the State\'s plan for meeting the long-range needs
of the public for fish and wildlife resources, and the system for
managing the plan.

[Director]{.underline}. The Director of the U.S. Fish and Wildlife
Service (Service), or his or her designated representative. The Director
serves as the Secretary\'s representative in matters relating to the
administration and execution of the Wildlife and Sport Fish Restoration
Acts.

[Project.]{.underline} One or more related undertakings necessary to
fulfill a need or needs, as defined by the State, and consistent with
the purposes of the appropriate Act.

[Regional Director]{.underline}*.* The regional director of any region
of the Service, or his or her designated representative.

[Resident angler]{.underline}*.* One who fishes within the same State
where legal residence is maintained.

[Resident hunter]{.underline}*.* One who hunts within the same State
where legal residence is maintained. Comment: Why is this term defined?
It does not appear to be used in the regulation.

[Secretary]{.underline}*.* The Secretary of the Interior or his or her
designated representative.

[State]{.underline}*.* Any State of the United States and the
Commonwealths of Puerto Rico and the Northern Mariana Islands, the
District of Columbia, and the territories of Guam, the U.S. Virgin
Islands, and American Samoa. References to "the 50 States" pertain only
to the 50 States of the United States and do not include these other six
areas.

[State fish and wildlife agency]{.underline}*.* The agency or official
of a State designated under State law or regulation to carry out the
laws of the State in relation to the management of fish and wildlife
resources of the State. Such an agency or official also designated to
exercise collateral responsibilities, e.g., a State Department of
Natural Resources, will be considered the State fish and wildlife agency
only when exercising the responsibilities specific to the management of
the fish and wildlife resources of the State.

[Wildlife and Sport Fish Restoration Acts]{.underline} or [the
Acts]{.underline}*.* Pittman--Robertson Wildlife Restoration Act of
September 2, 1937, as amended (50 Stat. 917; 16 U.S.C. 669--669k), and
the Dingell--Johnson Sport Fish Restoration Act of August 9, 1950, as
amended (64 Stat. 430; 16 U.S.C. 777--777n).

[Wildlife and Sport Fish Restoration Program Funds]{.underline}. Funds
provided under the Acts.

5.  Amend § 80.2 by revising paragraphs (a) and (b) to read as follows:

[§ 80.2 Eligibility]{.underline}.

\* \* \* \* \*

\(a\) Dingell--Johnson Sport Fish Restoration---Any of the States as
defined in § 80.1.

\(b\) Pittman--Robertson Wildlife Restoration---Any of the States as
defined in § 80.1, except the District of Columbia.

[§ 80.4 \[Amended\]]{.underline}

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

[§ 80.5 \[Amended\]]{.underline}

7.  Amend § 80.5 by:

    a.  In paragraph (a), removing the words "Federal Aid in" and adding
        in their place the words "Pittman--Robertson"; and

    b.  In paragraph (b), removing the words "Federal Aid in" and adding
        in their place the words "Dingell--Johnson".

[§ 80.9 \[Amended\]]{.underline}

8.  Amend paragraph (b) of § 80.9 by removing the words "Federal Aid"
    and adding in their place the words "Wildlife and Sport Fish
    Restoration Program".

9.  Revise § 80.10 including the section heading to read as follows:

[§ 80.10 State Certification of Licenses]{.underline}.

[Information concerning the number of persons holding paid licenses to
hunt and the number of persons holding paid licenses to fish for sport
or recreation in the State in the preceding year shall be furnished upon
request of the Director by the fish and wildlife agency of each State on
forms furnished by the Service.]{.underline} Comment: We recommend
addition of this language to ensure the Service remains the lead in
initiating the license certification process.

\(a\) To ensure proper apportionment of Federal funds, the Service
requires that each director of a State fish and wildlife agency:

\(1\) Specify [a license certification]{.underline} ~~an~~
~~accounting~~ period that Comment: the rule should specify a license
certification period to be consistent with the title of this section.

\(i\) Is 12 consecutive months in length;

\(ii\) Corresponds with or includes the State's fiscal year or license
year; and

\(iii\) Ends no less than 1 year and no more than 2 years before the
beginning of the Federal fiscal year that the apportioned funds first
become available for expenditure; and

\(2\) Annually provide to the Service the following data:

\(i\) The number of people in that State who, during the State-specified
[license certification]{.underline} period established in paragraph
(a)(1) of this section, hold purchased licenses that authorize an
individual to hunt in the State; and

\(ii\) The number of people in that State who, during the
State-specified [license certification]{.underline} period established
in paragraph (a)(1) of this section, hold purchased licenses that
authorize an individual to fish in the State.

\(b\) When counting people holding purchased hunting or fishing licenses
in a State-specified [license certification]{.underline} ~~12-month~~
period, a State fish and wildlife agency must abide by the following
requirements:

\(1\) The State may count all persons who possess a purchased license
that allows the licensee to hunt or fish for sport or recreation. The
State may not count persons holding a license that allows the licensee
to trap animals or engage [only]{.underline} in commercial activities.
Comment: In Florida, the freshwater commercial fishing license allows
freshwater commercial fishers to fish commercially and recreationally.
The cost of the license was determined, in part, by the cost of a
freshwater recreational fishing license. The amount transferred is
greater than the \$1.00 minimum stipulated in (b) (2), below. Florida
should be allowed to count these individuals in their license
certification.

\(2\) The State may count only those persons who possess a license that
produced net revenue[. Net revenue]{.underline} ~~which~~ is an amount
of at least \$1.00 per year returned to the State ~~fish and wildlife
agency~~ after deducting agents' or sellers' fees and the cost of
printing, distribution, control, or other costs directly associated with
issuance of the license.

Comment: The existing regulation requires the license to produce "net
revenue to the State". The proposed provision changes State to "State
Fish and Wildlife Agency." We believe this proposed change may produce
consequences that have not been vetted properly with the states. As an
example, we interpret this proposed change to mean general funds from a
state could be used to buy licenses and thus enhance a states'
apportionment. For this reason, we oppose this change vigorously and
request the Service consult further with the states about potential
implications before making the change.

\(3\) The State may count persons possessing a single-year license (one
that is valid for less than 2 years) only in the State-specified
12-month period in which the license was purchased.

\(4\) The State may count persons possessing a multiyear license (one
that is valid for 2 years or more) in each State-specified 12-month
period in which the license is valid, whether the period of validity is
a specific or indeterminate number of years, only if:

~~(i) The licensee is required to have a purchased license to fish or
hunt anywhere in the State during the State-specified 12-month period;~~

Comments: We recommend deleting this rule provision. The requirement to
only count multiyear licenses for people that are required to have a
purchased license to fish or hunt anywhere in the State is inconsistent
with language for single-year licenses, including single year
combination licenses (i.e., no such requirement exists for any
single-year license). Additionally, this provision seems to be
inconsistent with the intent of 80.10 (2)(i) to count purchased
licenses. Also, this provision will have a negative revenue effect on
Florida and will affect negatively our programs to get seniors and young
people to buy licenses to support fishing and hunting conservation. As
an example, Florida exempts hunters and anglers from having to have a
license if under 16 or 65 or older. However, we currently are allowed to
count 64 and older sportsman licenses for eight years, lifetime licenses
from birth to age 16 and from age 65 to age 80 and five year license
holders from birth to age 16 and from age 65 to age 80. Under the
proposed rule the certified number of hunters would have dropped by over
5,000 and number of certified anglers by over 7,000, for a loss of
approximately \$87,000 in Wildlife and Sport Fish Restoration Program
revenue to our state. Additionally as currently worded, we are unsure if
we would be allowed to count the separate licenses for freshwater
fishing and saltwater fishing because neither the freshwater license nor
the saltwater license alone would allow the holder to fish "anywhere in
the State."

[(i)]{.underline} ~~(ii)~~ The net revenue from the license is [at least
\$1.00 per year returned to the State fish and wildife agency as
prescribed in 80.10 (b)(2).]{.underline} ~~commensurate with the number
of years in which both the license is valid and the licensee is required
to have a purchased license to fish or hunt anywhere in the State; and~~

Comments: The above language is recommended to clarify the ambiguous
word "commensurate, "and to ensure consistency with 80.10 (b) (2). See
also comments in the previous section regarding the provision that the
licensee should be required to have a purchased license.

[(ii)]{.underline} ~~(iii)~~ The State fish and wildlife agency uses
statistical sampling or other appropriate techniques to determine
whether the licensee remains a license holder ~~and is required to have
a purchased license to fish or hunt anywhere in the State~~ in the
State-specified 12-month period. Comment: we recommend deleting language
requiring states to determine whether the license holder is required to
have a purchased license as an unduly burdensome new compliance cost and
for other reasons provided in previous sections on this topic.

\(5\) The State may count persons possessing a combination license (one
that permits the licensee to both hunt and fish) with both

\(i\) The number of people who hold purchased hunting licenses in the
State-specified 12-month period and

\(ii\) The number of people who hold purchased fishing licenses during
the same State-specified 12-month period.

\(6\) The State may count persons possessing multiple hunting or fishing
licenses (in States that require or permit more than one license to hunt
or more than one license to fish) only once with

\(i\) The number of people who hold purchased hunting licenses in the
State-specified 12-month period and

\(ii\) The number of people who hold purchased fishing licenses during
the same State-specified 12-month period.

\(c\) The director of the State fish and wildlife agency must certify
the information required in paragraphs (a) and (b) of this section, and,
if the Director requests it, provide documentation to support the
accuracy of this information. The director of the State fish and
wildlife agency is responsible for eliminating multiple counting of
single individuals in the information that he or she certifies and may
use statistical sampling or other appropriate techniques for this
purpose.

\(d\) The director of the State fish and wildlife agency must provide
the certified information required in paragraphs (a) and (b) of this
section to the Service by the date and in the format that the Director
specifies.

\(e\) Once the Director approves the certified information required in
paragraphs (a) and (b) of this section, the Service must not adjust the
numbers if such adjustment would adversely impact any apportionment of
funds to a State fish and wildlife agency other than the State fish and
wildlife agency whose certified numbers are being adjusted.

10\. Revise § 80.11 to read as follows:

##### [§ 80.]{.underline}[11 Submission of proposals.]{.underline}

A State may apply to use funds apportioned under the Acts by submitting
to the Regional Director either a comprehensive fish and wildlife
management plan or grant proposal.

\(a\) Each application must contain such information as the Regional
Director may require to determine if the proposed activities are in
accordance with the Acts and the provisions of this part.

\(b\) The State must submit each application and amendments of scope to
the State Clearinghouse as required by Office of Management and Budget
(OMB) Circular A--95 and by State Clearinghouse requirements.

\(c\) Applications must be signed by the director of the State fish and
wildlife agency or an official delegated to exercise the authority and
responsibilities of the State director in committing the State to
participate under the Acts. The director of each State fish and wildlife
agency must notify the Regional Director, in writing, of the official(s)
authorized to sign the Wildlife and Sport Fish Restoration Program
documents, and any changes in such authorizations.

11. Amend § 80.12 by revising the introductory paragraph and
    paragraph (b) as follows:

[§ 80.12 Cost sharing]{.underline}.

Federal participation is limited to 75 percent of eligible costs
incurred in the completion of approved work or the Federal share
specified in the grant, whichever is less, except that the non-Federal
cost sharing for the Commonwealths of Puerto Rico and the Northern
Mariana Islands, the District of Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American Samoa must not exceed 25 percent
and may be waived at the discretion of the Regional Director.

\* \* \* \* \*

\(b\) The non-Federal share of project costs may be in the form of cash
or in-kind contributions.

\* \* \* \* \*

12\. Revise § 80.14 including the section heading to read as follows:

[§ 80.14   Application of Wildlife and Sport Fish Restoration Program
funds]{.underline}.

\(a\) States must apply Wildlife and Sport Fish Restoration Program
funds only to activities or purposes approved by the Regional Director.
If otherwise applied, such funds must be replaced or the State becomes
ineligible to participate.

\(b\) Real property acquired or constructed with Wildlife and Sport Fish
Restoration Program funds must continue to serve the purpose for which
acquired or constructed.

\(1\) When such property passes from management control of the State
fish and wildlife agency, the control must be fully restored to the
State fish and wildlife agency or the real property must be replaced
using non-Federal funds. Replacement property must be of equal value at
current market prices and with equal benefits as the original property.
The State may have up to 3 years from the date of notification by the
Regional Director to acquire replacement property before becoming
ineligible.

\(2\) When such property is used for purposes that interfere with the
accomplishment of approved purposes, the violating activities must cease
and any adverse effects resulting must be remedied.

\(3\) When such property is no longer needed or useful for its original
purpose, and with prior approval of the Regional Director, the property
must be used or disposed of as provided by 43 CFR 12.71 or 43 CFR
12.932.

\(c\) Wildlife and Sport Fish Restoration Program funds cannot be used
for the purpose of producing income. However, income-producing
activities incidental to accomplishment of approved purposes are
allowable. Income derived from such activities must be accounted for in
the project records and disposed of as directed by the Director.

> 13\. Amend § 80.15 by revising paragraphs (c), (d), and (f) to read as
> follows:

[§ 80.15 Allowable costs.]{.underline}

\* \* \* \* \*

(c ) [Are costs allowable if they are incurred prior to the date of the
grant?]{.underline} Costs incurred prior to the effective date of the
grant are allowable only when specifically provided for in the grant.

\(d\) [How are costs allocated in multipurpose projects or
facilities?]{.underline} Projects or facilities designed to include
purposes other than those eligible under either the Dingell--Johnson
Sport Fish Restoration or Pittman--Robertson Wildlife Restoration Acts
must provide for the allocation of costs among the various purposes. The
method used to allocate costs must produce an equitable distribution of
costs based on the relative uses or benefits provided.

\* \* \* \* \*

\(f\) [How much money may be obligated for aquatic resource education
and outreach and communications?]{.underline}

\(1\) Each of the 50 States may spend no more than 15 percent of the
annual amount apportioned to it under the provisions of the
Dingell--Johnson Sport Fish Restoration Act for an aquatic resource
education and outreach and communications program for the purpose of
increasing public understanding of the Nation's water resources and
associated aquatic life forms.

\(2\) The Commonwealths of Puerto Rico and the Northern Mariana Islands,
the District of Columbia, and the territories of Guam, the U.S. Virgin
Islands, and American Samoa are not limited to the 15-percent cap
imposed on the 50 States. Each of these entities may spend more for
these purposes with the approval of the appropriate Regional Director.

[§ 80.16 \[Amended\]]{.underline}

14. Amend § 80.16 by:

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a.  In the section heading, removing the words "Federal Aid payments"
    and adding in their place the word "Payments";

b.  Removing the word "shall" wherever it appears and adding in its
    place the word "must"; and

c.  Removing the words "regional director" and "region director"
    wherever they appear and adding in their place the words "Regional
    Director".

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15. Revise § 80.17 to read as follows:

[§ 80.17 Maintenance]{.underline}.

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

[§ 80.19 \[Removed and reserved\]]{.underline}

16. Remove and reserve § 80.19.

[§ 80.20 \[Amended\]]{.underline}

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

[§ 80.22 \[Removed and reserved\]]{.underline}

18. Remove and reserve § 80.22.

19\. Amend § 80.23 by revising paragraphs (a) and (a)(1) to read as
follows:

[§ 80.23 Allocation of funds between marine and freshwater fishery
projects]{.underline}.

\(a\) Each coastal State, to the extent practicable, must equitably
allocate those funds specified by the Secretary, in the apportionment of
the Dingell--Johnson Sport Fish Restoration funds, between projects
having recreational benefits for marine fisheries and projects having
recreational benefits for freshwater fisheries.

\(1\) Coastal States are: Alabama, Alaska, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and
Washington; the territories of Guam, the U.S. Virgin Islands, and
American Samoa; and the Commonwealths of Puerto Rico and the Northern
Mariana Islands.

\* \* \* \* \*

20. Revise § 80.24 to read as follows:

[§ 80.24 Recreational boating access facilities]{.underline}.

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

[§ 80.25 \[Amended\]]{.underline}

21. Amend § 80.25 by:

    a.  In the section heading and paragraph (a), removing the words
        "Federal Aid in" and adding in their place the words
        "Dingell--Johnson"; and

    b.  In paragraphs (a)(1) and (a)(2), removing the word "Aid".

22. Amend § 80.26 by revising the text of the introductory paragraph and
    paragraphs (b), (f), (g), and (h) to read as set forth below:

[§ 80.26 Symbols.]{.underline}

We have prescribed distinctive symbols to identify projects funded by
the Pittman--Robertson Wildlife Restoration Act and the Dingell--Johnson
Sport Fish Restoration Act and items on which taxes and duties have been
collected to support the respective Acts.

\* \* \* \* \*

\(b\) Other persons or organizations may use the symbol(s) for purposes
related to the Wildlife and Sport Fish Restoration Program as authorized
by the Director. Authorization for the use of the symbol(s) will be by
written agreement executed by the Service and the user. To obtain
authorization, submit a written request stating the specific use and
items to which the symbol(s) will be applied to Director, U.S. Fish and
Wildlife Service, Washington, DC 20240.

\* \* \* \* \*

\(f\) The symbol pertaining to the Pittman--Robertson Wildlife
Restoration Act is below. \* \* \*

\(g\) The symbol pertaining to the Dingell--Johnson Sport Fish
Restoration Act is below. \* \* \*

\(h\) The symbol pertaining to the Pittman--Robertson Wildlife
Restoration Act and the Dingell--Johnson Sport Fish Restoration Act when
used in combination is below.

\* \* \*

23. Revise § 80.27 to read as follows:

[§ 80.27 Information collection requirements]{.underline}.

\(a\) Information gathering requirements include filling out forms to
apply for certain benefits offered by the Federal Government.
Information gathered under this part is authorized under the
Dingell--Johnson Sport Fish Restoration Act (16 U.S.C. 777--777n) and
the Pittman--Robertson Wildlife Restoration Act (16 U.S.C. 669--669k).
The Service may not conduct or sponsor, and applicants or grantees are
not required to respond to, a collection of information unless the
request displays a currently valid OMB control number. OMB has approved
our collection of information under OMB control number 1018--0007. Our
requests for information will be used to apportion funds and to review
and make decisions on grant applications and reimbursement payment
requests submitted to the Wildlife and Sport Fish Restoration Program.

\(b\) Submit comments on the accuracy of the information collection
requirements to: U.S. Fish and Wildlife Service, Information Collection
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203.

24. Add new § 80.28 to read as follows:

[§ 80.28 Exceptions]{.underline}.

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

Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Assistant Secretary for Fish and Wildlife and Parks

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