95590 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 80 

[FWS–HQ–WSFR–2023–0125; 

FVWF51100900000–XXX–FF09W11000; 

FVWF94100900000–XXX–FF09W11000] 

RIN 1018–BB84 

Administrative Requirements; PittmanRobertson Wildlife Restoration and 

Dingell-Johnson Sport Fish 

Restoration Acts 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are proposing to 

update the regulations pertaining to 

Federal financial assistance programs 

and subprograms authorized under the 

Pittman-Robertson Wildlife Restoration 

Act and the Dingell-Johnson Sport Fish 

Restoration Act. We propose these 

updates to our regulations to ensure 

they reflect recent legislation; to align 

with the Office of Management and 

Budget’s administrative rules for 

Federal financial assistance; to align 

with other laws, standards, and 

administrative processes; to respond to 

comments and feedback on our 2019 

rulemaking action; and to provide 

clarity to help ensure consistency in 

administering our financial assistance 

programs and subprograms across the 

Nation. 

DATES: We will accept comments 

received or postmarked on or before 

January 31, 2025. 

Information collection requirements: 

If you wish to comment on the 

information collection requirements in 

this proposed rule, please note that the 

Office of Management and Budget 

(OMB) is required to make a decision 

concerning the collection of information 

contained in this proposed rule between 

30 and 60 days after the date of 

publication of this proposed rule in the 

Federal Register. Therefore, comments 

should be submitted to the Service 

Information Collection Clearance 

Officer, U.S. Fish and Wildlife Service, 

(see ‘‘Information collection 

requirements’’ below under ADDRESSES) 

by January 31, 2025. 

ADDRESSES: You may submit comments, 

identified by the regulation identifier 

number 1018–BB84, by any of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–HQ–WSFR–2023–0125, 

which is the docket number for this 

rulemaking. Then, click on the Search 

button. On the resulting page, in the 

panel on the left side of the screen, 

under the Document Type heading, 

check the Proposed Rule box to locate 

this document. You may submit a 

comment by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–HQ–WSFR–2023–0125, U.S. Fish 

and Wildlife Service, MS: PRB/3W, 

5275 Leesburg Pike, Falls Church, VA 

22041–3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see Request 

for Comments, below, for more 

information). 

Information collection requirements: 

Send your comments on the information 

collection request by mail to the Service 

Information Collection Clearance 

Officer, U.S. Fish and Wildlife Service, 

by email to Info_Coll@fws.gov; or by 

mail to 5275 Leesburg Pike, MS: PRB 

(JAO/3W), Falls Church, VA 22041– 

3803. Please reference OMB Control 

Number 1018–0100 in the subject line of 

your comments. 

FOR FURTHER INFORMATION CONTACT: 

Diana Swan-Pinion, Wildlife and Sport 

Fish Restoration Program, Policy, and 

Programs Branch at diana_swanpinion@fws.gov or (404) 821–6844. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, please see docket FWS– 

HQ–WSFR–2023–0125 on https://

www.regulations.gov for a document 

that summarizes this proposed rule. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Fish and Wildlife Service’s 

(Service) Wildlife and Sport Fish 

Restoration Program (WSFR) annually 

apportions to fish and wildlife agencies 

of States, Territories, and the District of 

Columbia more than $1.6 billion for 

programs and subprograms under the 

Pittman-Robertson Wildlife Restoration 

Act (Wildlife Restoration Act, 50 Stat. 

917, as amended; 16 U.S.C. 669 et seq.) 

and the Dingell-Johnson Sport Fish 

Restoration Act (Sport Fish Restoration 

Act, 64 Stat. 430, as amended; 16 U.S.C. 

777–777m, except 777e–1 and g–1) 

(Acts). We are proposing to update the 

regulations in title 50 of the Code of 

Federal Regulations (CFR) at part 80, 

which is titled, ‘‘Administrative 

Requirements, Pittman-Robertson 

Wildlife Restoration and DingellJohnson Sport Fish Restoration Acts.’’ 

The primary users of these regulations 

are the fish and wildlife agencies of the 

50 States; the Commonwealths of Puerto 

Rico and the Northern Mariana Islands; 

the territories of Guam, the U.S. Virgin 

Islands, and American Samoa; and the 

District of Columbia (DC). We use 

‘‘State’’ or ‘‘States’’ collectively to refer 

to these entities. The Wildlife 

Restoration Act does not authorize 

funding for DC, which receives funds 

only under the Sport Fish Restoration 

Act. 

These regulations tell States how they 

may receive annual apportionments 

from the Federal Aid to Wildlife 

Restoration Fund (16 U.S.C. 669b) and 

the Sport Fish Restoration and Boating 

Trust Fund (26 U.S.C. 9504), how they 

may use hunting and fishing license 

revenues, and what requirements States 

must follow when participating in the 

programs and subprograms under the 

Acts. These programs and subprograms 

provide financial assistance to State fish 

and wildlife agencies to restore or 

manage wildlife and sport fish and 

associated habitats; offer hunter and 

recreational shooter education and 

safety programs, development, 

recruitment, retention, and reactivation; 

develop and increase recreational 

boating access; enhance the public’s 

understanding of water resources, 

aquatic life forms, and sport fishing; and 

develop responsible attitudes and ethics 

toward aquatic and related 

environments. 

Assistance Listings for these programs 

may be found at: https://sam.gov/ 

content/assistance-listings. On that 

website, search for numbers 15.605, 

15.611, and 15.626 using the ‘‘Search 

Assistance Listings’’ function. 

We published the last revision of 

these regulations with a proposed rule 

in 2017 (82 FR 59564, December 15, 

2017) and a final rule in 2019 (84 FR 

44772, August 27, 2019; referred to 

below as ‘‘the 2019 final rule’’). Our 

December 15, 2017, proposed rule was 

intended to be the first step in a phased 

approach to updating 50 CFR part 80 

over a period of a few years, addressing 

multiple topics of concern, and 

ultimately leading to publishing a final 

rule that addressed all issues identified 

as important to resolve. A team of 

Federal and State subject matter experts 


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were engaged in developing the strategy 

and topics to be addressed. 

Unfortunately, that process was stalled, 

and we were unable to complete the 

phased approach, so we published a 

final rule in 2019 that did not include 

all identified topics. 

The passage of two new laws in 2019 

that amended the Wildlife Restoration 

Act compels the Service to reflect those 

changes in this proposed rule. In 2019, 

the Target Practice and Marksmanship 

Training Support Act (Pub. L. 116–17, 

May 10, 2019) amended the Wildlife 

Restoration Act to provide 

administrative advantages for States 

engaged in acquiring land for, 

expanding, and constructing public 

target ranges, and the Modernizing the 

Pittman-Robertson Fund for Tomorrow’s 

Needs Act (Pub. L. 116–94, December 

20, 2019) amended the Wildlife 

Restoration Act to provide additional 

eligible activities focused on increasing 

communication and participation in 

hunting and recreational shooting. This 

statutory update also provided the 

Service the opportunity to consider 

topics that were left unresolved from the 

phased approach begun with our 2017– 

2019 rulemaking process, as well as to 

incorporate principles established 

through continued collaborative 

engagement between the Service, States, 

and partners into the rulemaking 

process. 

On September 30, 2019, the Service 

issued ‘‘Interim Guidance for Applying 

Public Law 116–17, the Target Practice 

and Marksmanship Training Support 

Act, to the Pittman-Robertson Wildlife 

Restoration Act’’ (interim guidance; 

https://www.fws.gov/guidance/sites/

guidance/files/documents/

WSFR%20Interim%20Guidance

%20Implementing%20PL%20116/17-

FINAL.pdf), and on July 14, 2021, the 

Service issued ‘‘Implementing the 

Modernizing the Pittman-Robertson 

Fund for Tomorrow’s Needs Act’’ 

(https://www.fws.gov/guidance/sites/ 

guidance/files/documents/ 

Implementing_the_Modernizing_the_

PittmanRobertson_Act.pdf). Each of 

these documents has provided WSFR 

and States with guidance for how to 

apply the amendments to the Acts to 

grants, enhance understanding, and 

strive for consistency, while we 

developed proposed updates to the 

regulations. When published and 

effective, the final rule for this proposed 

rule will supersede these guidance 

documents where there are differences; 

however, we intend for the guidance 

documents and any updates to them to 

continue to provide supplemental 

information that will assist WSFR and 

States in administering financial 

assistance awards. WSFR intends to 

continue to provide policy and training 

support on eligible activities under the 

Acts. 

The Service was assisted in this 

rulemaking by the Joint Federal/State 

Task Force on Federal Assistance Policy 

(JTF), an advisory group that was 

chartered on September 5, 2002, under 

an agreement between the Service and 

the Association of Fish and Wildlife 

Agencies to support the cooperation 

between the Service and State fish and 

wildlife agencies in wildlife and sport 

fish restoration and management 

projects. The JTF is exempt from the 

Federal Advisory Committee Act (Pub. 

L. 92–463, as amended; 5 U.S.C. 1001 et 

seq.) through the Acts. The role of the 

JTF is to consider operational policies 

and administrative problems and to 

recommend solutions. The JTF 

supported this rulemaking action by 

nominating State and Federal subject 

matter experts to serve on a preregulatory review team to consider 

proposed changes and assess them for 

viability, clarity, applicability, gaps in 

understanding, and potential 

controversy, and provide other support 

as requested. The team began work on 

this endeavor in September 2021 and 

had its last meeting in May 2023. During 

this period, the Service offered two 

review-and-comment periods to gather 

input and encourage engagement from 

Service staff in WSFR, State fish and 

wildlife agencies, and partners in 

wildlife and sport fish restoration and 

associated outdoor recreation. WSFR 

also provided six open forums to 

encourage active participation and 

discussion on topics of interest in the 

rulemaking process. 

In 2013, the Office of Management 

and Budget (OMB) published 

regulations at 2 CFR part 200 (Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards) that updated and 

amended rules for Federal financial 

assistance for all Federal agencies (78 

FR 78608, December 26, 2013). In this 

proposed rule to update 50 CFR part 80, 

we align the terminology we use for 

administering financial assistance under 

the Acts to the terms used in 2 CFR part 

200. These proposed revisions would 

provide consistency across Federal 

financial assistance regulations and 

improve understanding of applicable 

Service requirements. 

We propose these updates to our 

regulations to improve clarity, 

consistency, readability, and alignment 

with current administrative practices, 

and to reflect the currently applicable 

laws, standards, and practices. 

Proposed Amendments to Existing 

Regulations 

Even though we are not proposing 

revisions or additions to every section 

in 50 CFR part 80 in this proposed rule, 

for clarity and readability, we are setting 

forth the entire part in this proposed 

rule (see Proposed Regulation 

Promulgation, below). 

The regulations at 2 CFR part 200 

have a goal to standardize terms to 

support standardizing grant 

management business processes. To 

support those efforts and to assist grant 

management practitioners, we propose 

to amend the following terms to align 

them more accurately with 2 CFR part 

200: Award and subaward (primarily 

replacing grant), recipient and 

subrecipient (replacing grantee and 

subgrantee), and period of performance 

(replacing grant period). We propose to 

insert the amended terms throughout 50 

CFR part 80. We also propose to 

incorporate helpful references in 50 CFR 

part 80 to applicable sections of 2 CFR 

part 200. 

In the information below, we do not 

discuss in detail editorial changes that 

we propose to improve readability, 

clarity, consistency, or continuity. We 

instead focus on substantive changes to 

the current regulations. 

Proposed amendments and the 

rationale for changes are described here. 

I. Subpart A—General 

Section 80.1—What does this part do? 

We propose to update § 80.1 to 

include a new purpose under the 

Wildlife Restoration Act to facilitate the 

construction and expansion of public 

target ranges (per Pub. L. 116–17) and to 

add reference to activities for hunter 

recruitment and recreational shooter 

recruitment (per Pub. L. 116–94). 

Section 80.2—What terms do I need to 

know? 

We propose to add the following 

terms to the definitions section of the 

regulations for the following reasons: 


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Proposed new term Purpose 

90/10/5 ............................................ In describing activities associated with Public Law 116–17 where the Federal cost share is up to 90 percent (and, therefore, the non-Federal cost share is 10 percent or more) and the period of availability of 

funds is 5 years when specifically engaging in activities for acquiring land for, expanding, or constructing 

public target ranges, we propose to abbreviate this concept as ‘‘90/10/5’’. 

Acquisition ....................................... Supporting activities associated with Public Law 116–17 for acquiring real property for public target ranges, 

as well as the sections of the regulations pertaining to real property. 

Allocate ........................................... Supporting the financial action of assigning funds to associated, eligible activities. 

Allowable ......................................... Clarifying how we address permissibility of activities and costs under 2 CFR part 200 (distinguished from 

50 CFR part 80). 

Apportioned funds ........................... Enhancing understanding of the grant process and how funds are disbursed to States.

Eligible ............................................. Clarifying how we address permissibility of funding activities under 50 CFR part 80 (distinguished from 2 

CFR part 200). 

Equipment ....................................... Responding to a request to include this term as defined at 2 CFR part 200 in the regulations at 50 CFR 

part 80. 

Expanding ....................................... Supporting activities associated with Public Law 116–17 for physically expanding access to public target 

ranges, to mean acquiring land for or constructing public target ranges, or physical improvements to an 

existing public target range that add to the utility of the range in a manner that ultimately increases 

range capacity to accommodate more participants. 

Facility ............................................. Supporting understanding and consistency throughout the rule. 

Federal fiscal year .......................... Differentiating the Federal definition from the State equivalent term. 

Fiscal year ....................................... Adding as defined under Public Law 116–94 for State license years. 

Fish restoration and management 

project.

Adding a condensed version from the Sport Fish Restoration Act to provide parity to the definition of Wildlife restoration project (see below). 

Hunter recruitment and recreational 

shooter recruitment.

Adding as defined under Public Law 116–94, included in the Act under 16 U.S.C. 669c(c)(4). 

Law enforcement ............................ Resolving a longstanding issue that has caused confusion and inconsistencies for what activities may be 

eligible under the Acts; clarifying these parameters would allow us to broaden the scope of eligible activities that support the Acts but do not fall into the ineligible categories. 

Maintenance .................................... Clarifying for those instances where maintenance and operations are not both eligible activities under a 

funding source. 

Operations ....................................... Clarifying for those instances where maintenance and operations are not both eligible activities under a 

funding source, such as under 90/10/5 funding where operational activities are ineligible. 

Public .............................................. Resolving a longstanding issue as to what constitutes ‘‘the public’’ because using Federal assistance funds 

for a project and then limiting access to an exclusive group is not permissible. 

Public access .................................. Resolving a longstanding issue as to physical access to projects funded under the Acts; supported also by 

50 CFR 80.58. 

Public relations ................................ Adding because Public Law 116–94 removed public relations as a prohibited activity but 2 CFR part 200 

restricts allowability, meaning public relations activities are not always eligible. 

Public target range .......................... Adding as defined under Public Law 116–17. 

R3 .................................................... Adding as an abbreviation for ‘‘recruiting, retaining, or reactivating’’ and applicable to both Acts, to support 

activities under Public Law 116–94. 

Traditional Wildlife Restoration program.Adding to mean the activities that are funded under apportionments authorized at 16 U.S.C. 669c(b), which 

reflects the original program funded under the Wildlife Restoration Act, to support distinctions in funding 

sources due to passage of Public Law 116–17 and Public Law 116–94. 

Wildlife restoration project .............. Supporting the part of the definition from the Wildlife Restoration Act that is applicable to the Wildlife Restoration Program, and not the sections of the Act amended by Public Law 106–553 to create the Wildlife 

Conservation and Restoration Program. 

In this proposed rule, we propose to 

remove a term only when we replace it 

with a term that better aligns with 2 CFR 

part 200 and current grant management 

processes. We propose to amend some 

terms to update to current standards, 

such as adding a clause to the term 

‘‘construction’’ to accommodate projects 

under Public Law 116–17 for 

constructing public target ranges. Upon 

the advice of State representatives, we 

propose to simplify the list of terms by 

removing the term ‘‘agency’’ as a 

separate definition and instead adding 

‘‘(agency)’’ after the term ‘‘State fish and 

wildlife agency’’ to indicate that those 

terms mean the same thing. We propose 

to amend the term ‘‘angler’’ to 

acknowledge applicable Federal law, as 

one State reviewer commented that 

sometimes fishing in a State involves 

meeting standards of both State and 

Federal laws. Five of the 50 U.S. States 

apply for Federal funds using a 

‘‘comprehensive management system 

(CMS)’’ method of operations, which we 

define at § 80.2. We consulted 

representatives from those States to 

inform the proposed updates to this 

term in this proposed rule. We propose 

to update the term ‘‘personal property’’ 

to align better with the definition and 

use of that term in the Service Manual 

chapter at 520 FW 6, ‘‘Real Property— 

Overview.’’ We propose to clarify the 

term ‘‘subaccount’’ based on 

recommendations from the preregulatory review team. We propose to 

amend the term ‘‘useful life’’ to apply to 

a capital asset or equipment in addition 

to a capital improvement, based on 

definitions and other regulatory 

requirements provided in 2 CFR part 

200. 

II. Subpart B—State Fish and Wildlife 

Agency Eligibility 

We are not proposing any substantive 

changes to subpart B. 

III. Subpart C—License Revenue 

We are not proposing any substantive 

changes to subpart C. 

IV. Subpart D—Certifying License 

Holders 

In our August 27, 2019, final rule (84 

FR 44772), we made significant changes 

to subpart D. Those regulatory changes 

included a compliance date of 

September 27, 2021 (2 years from the 

effective date of the 2019 final rule), for 

State fish and wildlife agencies to make 

the needed changes in their laws and 


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processes to accommodate the new 

standards to licenses for the purposes of 

certifying paid license holders during 

the annual certification period. 

Certifying license holders is an 

important component to both the 

Wildlife Restoration and the Sport Fish 

Restoration programs because, under the 

Acts, annual apportionment to State fish 

and wildlife agencies is based in part, 

under the mandatory funding formulae 

in the Acts, on the number of paid 

hunting and fishing license holders that 

the agency certifies. 

We propose to make some editorial 

changes to subpart D to change the title 

to reflect active voice, place more 

emphasis on ‘‘individual paid license 

holders,’’ and improve clarity and 

consistency in how we present 

information. At § 80.33, How does a 

State fish and wildlife agency decide 

who to count as paid license holders in 

the annual certification?, we propose to 

address some misunderstandings that 

have come to our attention as to how 

different types of licenses allow license 

holders to be counted in the annual 

certification. State fish and wildlife 

agencies develop many varying 

structures for how they package and sell 

hunting and fishing licenses in their 

State. 

As an example of the disparities and 

how we address them, consider these 

two scenarios. State A and State B both 

have ‘‘fiscal/license years’’ that are June 

1–May 31. This is the ‘‘certification 

period’’ for both States when reporting 

individual paid license holders. 

However, State A and State B follow 

different processes for issuing licenses: 

• State A sells annual licenses that, 

regardless of when you purchase your 

license, are valid only during the 

‘‘fiscal/license year.’’ For example, if 

you purchase your license on April 1, it 

will expire May 31 if you are buying 

that license for the current license year, 

or it will not be valid until June 1 if you 

are buying that license for the next 

license year. 

• State B sells annual licenses that, 

regardless of when you purchase your 

license, are valid for a full year starting 

with the day you purchase the license 

and ending 1 year later (this type of 

license is also known as a ‘‘365-day 

license’’). For example, if you purchase 

your license on April 1, it is good from 

that day (April 1) through the following 

March 31. 

State A can easily determine which 

individual paid license holders may be 

counted during the certification period 

as they all fall into the fiscal/license 

year. However, State B has individual 

paid license holders that are holding a 

valid license in two different fiscal/ 

license years. It would not be fair if 

State B certified license holders in two 

certification periods for licenses that are 

essentially the same in both States. 

To align these scenarios, we propose 

to clearly state the following: 

• An individual paid license holder 

may be counted only in the certification 

period in which the license first 

becomes valid. 

• A single-year license may be valid 

for any period from 1 day up to 2 years. 

• A license that is valid for 2 years or 

more is considered a multiyear license. 

• A license holder cannot be counted 

in more certification periods than a 

license is valid, i.e., if holding a 5-year 

license, the holder can be counted only 

in five certification periods for that 

license. 

• A license holder may be counted 

only for certification periods that align 

with the years the license is valid, i.e., 

if a 5-year license is valid from June 1, 

2018, through May 31, 2023, the license 

holder may not be counted for that 

license for the certification period that 

ends between October 1, 2024, and 

September 30, 2025, or any certification 

period after that. 

The criterion above becomes 

important when considering multiyear 

licenses that were sold before the 2019 

final rule became effective on 

September 26, 2019, and a State fish and 

wildlife agency is recalculating to 

determine if it may certify the license 

holder in an upcoming certification 

period. For example, a 10-year license 

that was sold in 2016 for $100 could be 

counted only once under the regulations 

in effect at that time. Under the 2019 

final rule, the State fish and wildlife 

agency may apply the current standards 

in § 80.34 to that license and count the 

license holder in the certification 

periods that include 2019 until the 

license expires in 2025, so that license 

holder may potentially be counted in 

seven additional certification periods. 

The State agency cannot certify that 

license holder beyond that date, for that 

license, as it is no longer valid. Using 

the same example, except for a lifetime 

license, under the 2019 final rule, the 

State agency may certify the license 

holder for up to an additional 49 years, 

provided the license holder is still alive. 

Under this proposal, a State would be 

allowed to certify a license holder only 

for the number of years that the license 

is valid and only in the certification 

years that correspond to the period that 

the license is valid. 

At § 80.34, Must a State fish and 

wildlife agency receive a minimum 

amount of revenue for each license 

holder certified?, we propose to remove 

the statement that all States must be 

following the requirements in § 80.34(b) 

by September 27, 2021, as that date is 

now in the past. The subpart includes 

other references to that date, and we 

propose revisions to update the 

regulations appropriately. 

We propose to amend § 80.35, What 

additional requirements apply to 

multiyear licenses?, based on comments 

we have received since the 2019 final 

rule that certain language set forth by 

the 2019 final rule is unclear or 

confusing. We propose no changes to 

the basic principles established in 

§ 80.35 by the 2019 final rule; rather we 

propose revisions similar to those we 

are proposing for § 80.34 in removing 

language identifying dates for regulatory 

compliance that are no longer relevant. 

We also propose revisions for simplicity 

and clarity, to encourage consistent 

understanding and implementation of 

the regulations. 

At § 80.37, which pertains to the 

question of whether the State fish and 

wildlife agency can certify a license sold 

at a discount, we propose to remove the 

phrase ‘‘when combined with another 

license or privilege,’’ as the answer to 

the question does not depend on 

combining the license with another 

privilege. It can be discounted under 

other circumstances. We also propose to 

amend the heading of § 80.38, which 

asks whether an entity other than the 

State fish and wildlife agency may offer 

a discounted or free license under any 

circumstances, to instead ask whether a 

State fish and wildlife agency can 

certify a license when an entity other 

than the agency offers a discounted or 

free license. The emphasis would be 

placed on the ability to certify the 

license holder, which ultimately is the 

concept that we want to establish 

throughout the regulations in subpart D. 

Proposed amendments to the 

regulations in subpart D were presented 

to the JTF in December 2021 for review 

and input. Prior to the 2019 final rule, 

the Service relied on the advice of the 

JTF to inform the new standards for 

certifying license holders with the goal 

of establishing rules that were fair and 

could be consistently applied by State 

fish and wildlife agencies. The JTF 

again had the opportunity to review 

proposed subpart D regulations during 

one of the preliminary review and 

comment periods on the proposed rule. 

V. Subpart E—Eligible Activities 

We propose to amend subpart E by 

editing the regulations for active voice, 

clarity, and better readability. We 

propose to strategically amend the 

regulations in subpart E more than those 

in any other subpart in 50 CFR part 80 

to accommodate activities newly 


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eligible under the 2019 amendments to 

the Wildlife Restoration Act. The WSFR 

pre-rulemaking policy process and 

preliminary guidance developed to 

address the amendments to the Act 

greatly informed the proposed changes 

to this subpart. 

We describe here several areas of 

focus that greatly expand eligible 

activities set forth in subpart E, how we 

are proposing to reformat the 

regulations in this subpart, the analyses 

we engaged in to determine how to 

improve the current regulations, and 

how we support certain concepts 

throughout this proposed rule. 

Background Information on the Wildlife 

Restoration Act 

To better understand amendments to 

the Wildlife Restoration Act for 

programs and subprograms, additional 

eligible activities, and how all eligible 

activities under the Act intersect with 

funding sources under the Act and the 

Service’s administration of awards, we 

provide some background on the 

Wildlife Restoration Act. 

The Federal Aid in Wildlife 

Restoration Act (Sept. 2, 1937, ch. 899, 

section 1, 50 Stat. 917) set forth a 

program that apportioned funds to State 

fish and wildlife agencies for eligible 

activities related to acquiring land, 

improving habitat, and conducting 

research associated with wildlife 

restoration and management. Funding 

was available from revenue accrued 

during the Federal fiscal year (FFY) on 

taxes imposed on firearms, shells, and 

cartridges under the Revenue Act of 

1932 (47 Stat. 169) and deposited into 

‘‘the Federal aid to wildlife restoration 

fund,’’ which we now refer to as the 

Wildlife Restoration Trust Fund. 

Each of the Act’s programs and 

subprograms has specific eligible 

activities, and costs must be assigned to 

separate fiscal subaccounts to support 

accurate administration of the funds. 

The Service tracks apportionments and 

available funding using the Department 

of the Interior’s Financial and Business 

Management System (FBMS), which 

supports business management 

processes related to financial 

management, grants and cooperative 

agreements, real and personal property 

management, and several other 

functions. FBMS employs the use of 

subaccounts, which allows the Service 

to use a ‘‘first-in, first-out’’ method of 

accounting. 

The Service also uses subaccounts to 

administer the specific use requirements 

for program and subprogram funding 

sources under the Act. States that have 

funding that has not been obligated to 

an award within the period of 

availability may encounter the 

possibility of having to return 

apportioned funds to the Service (see 

table 1 to § 80.92 under Proposed 

Regulation Promulgation, below, for 

information on how the Service 

disburses returned funds). The Service 

uses a ‘‘safety margin’’ system to track 

apportioned funds, obligated funds, and 

periods of availability and will alert a 

State agency if the agency is 

approaching a situation where they may 

need to return funds. (Note: the 

formulas for awarding funds and cost 

share requirements for insular areas, the 

Commonwealth of Puerto Rico, and the 

District of Columbia vary from the 

formula applied to the 50 States.) 

Since enactment of the Wildlife 

Restoration Act, several amendments 

have revised the original eligibilities 

that impact changes addressed in this 

proposed rule: 

• The addition of maintenance of 

wildlife restoration projects as eligible 

(Pub. L. 79–533, July 24, 1946). 

• Law enforcement and public 

relations excluded as eligible activities 

(Pub. L. 84–375, August 12, 1955). 

• The addition of the Basic Hunter 

Education and Safety subprogram to the 

Act (Pub. L. 91–503, October 23, 1970). 

• The addition of the Enhanced 

Hunter Education and Safety program to 

the Act (Pub. L. 106–408, November 1, 

2000; also known as ‘‘the Improvement 

Act’’). 

• The addition of an administrative 

funding advantage to encourage and 

assist States in acquiring land for, 

expanding, and constructing public 

target ranges, under the Target Practice 

and Marksmanship Training Support 

Act (Pub. L. 116–17, May 10, 2019), 

which we refer to as ‘‘90/10/5.’’ 

• The addition of new eligible 

activities for hunter recruitment and 

recreational shooter recruitment (which 

we refer to as ‘‘R3’’) under the 

Modernizing the Pittman-Robertson 

Fund for Tomorrow’s Needs Act (Pub. L. 

116–94, December 20, 2019), which also 

removed the exclusion of public 

relations activities that was added to the 

Act in 1955. 

Section 80.50—What activities are 

eligible for funding under the Wildlife 

Restoration Act? 

Updated Terms and Arrangement 

As noted above, we propose to begin 

using the term ‘‘Traditional Wildlife 

Restoration program’’ to refer to the 

original program that is funded under 

16 U.S.C. 669c(b) and ‘‘90/10/5’’ to refer 

to activities for acquiring land for, 

expanding, or constructing public target 

ranges that qualify for the 

administrative advantage of a 90 percent 

Federal/10 percent non-Federal cost 

share, with a period of availability to 

obligate funds of 5 years. 

We propose to reorganize the 

regulations at § 80.50(b) under the 

general categories of Basic Hunter 

Education and Safety subprogram and 

Hunter Recruitment and Recreational 

Shooter Recruitment, and separate 

eligible activities for the Basic Hunter 

Education and Safety subprogram into 

§ 80.50(b)(1) and eligible activities for 

recruiting, retaining, or reactivating 

hunters and recreational shooters (R3) 

into a new § 80.50(b)(2). This proposed 

revision would allow us to recognize the 

common funding source, while 

providing the distinctions between 

eligible activities under each. We also 

propose to remove regulations that 

describe activities that are eligible under 

all programs under the Acts from 

current § 80.50 and add them to 

proposed § 80.52. 

Traditional Wildlife Restoration 

Program 

We propose that eligible research may 

include social sciences, to assist States 

in improving communication and 

benefits to the public they serve. We 

also propose that a State may use funds 

under a Traditional Wildlife Restoration 

program award for maintaining and 

operating projects or equipment under 

the ownership or management control of 

the State fish and wildlife agency and 

that support eligible activities under the 

Wildlife Restoration Act. This proposed 

change is intended to support the ability 

for State agencies to use Traditional 

Wildlife Restoration program funds for 

eligible maintenance and operations on 

projects or activities on Traditional 

Wildlife Restoration-managed land that 

may have been funded in accordance 

with regulations in another subpart or 

from an external source. As an example, 

a wildlife management area has a public 

target range. Maintenance activities 

such as mowing the lawn or operations 

such as providing lighting to the facility 

would be eligible activities using 

Traditional Wildlife Restoration 

program funds, as they are eligible 

Traditional Wildlife Restoration 

program activities, without the need to 

allocate costs to other funding sources. 

However, activities such as constructing 

a public target range or providing staff 

to run and operate the public target 

range would not be eligible Traditional 

Wildlife Restoration program activities 

and must be charged to an eligible 

funding source. 

We also propose to add to § 80.50 that 

a State agency may use funds under a 

Traditional Wildlife Restoration 


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program award for maintaining and 

operating projects or equipment that a 

third party owns or manages provided a 

third-party binding agreement is in 

place that ensures the project continues 

to serve the intended purposes under 

the award. This third-party binding 

agreement may be in the form of a 

subaward. 

Communication and Public Relations 

With the passage of Public Law 116– 

94, the prohibition for funding public 

relations activities was removed from 

the Wildlife Restoration Act, making 

public relations potentially an eligible 

activity. The regulations at 2 CFR part 

200 specifically define public relations 

and provide principles establishing 

when these costs are and are not 

allowable. We have considered that 

perhaps the overlap of public relations 

with other communication terms (such 

as ‘‘outreach,’’ ‘‘marketing,’’ and 

‘‘advertising’’) would cause confusion 

and inconsistencies in determining 

which associated activities may be 

funded under the Acts. Using 

preliminary guidance that we already 

have developed (‘‘Implementing the 

Modernizing the Pittman-Robertson 

Fund for Tomorrow’s Needs Act,’’ July 

14, 2021), in this proposed rule we 

focus on public relations and other 

activities that would be considered 

eligible for communicating with the 

public. 

We propose to define the term ‘‘public 

relations’’ by referencing 2 CFR part 

200; therefore, ‘‘public relations’’ would 

mean activities that are dedicated to 

maintaining the image of the State fish 

and wildlife agency or subrecipient or to 

maintaining or promoting 

understanding and favorable relations 

with the community or public at large 

or any segment of the public. As ‘‘public 

relations’’ activities are described in 2 

CFR part 200, costs for the activities are 

unallowable unless meeting the 

objectives of, or necessary for the 

performance of, a Federal award, or 

when conducting general liaison on 

matters of public concern. To clarify, if 

the form of communication solely 

benefits the State or the State agency, 

then the costs are unallowable, but if the 

form of communication supports the 

objectives or performance of the Federal 

award then costs would likely be 

allowable. We propose to include at 

§ 80.50(a)(8) examples of eligible 

communication types that support a 

State’s ability to have an informed and 

engaged public. We would describe at 

proposed § 80.50(a)(9) what 

communication activities require prior 

approval. 

Some of the eligible communication 

activities we describe in this proposed 

rule are prompted by our engagement in 

the newly introduced activities 

associated with R3, but we do not limit 

the opportunity to expand on eligible 

communication activities to strictly R3. 

We propose amendments throughout 

the regulations that clarify and allow for 

expanded communication activities that 

support other eligible activities. 

Law Enforcement and Eligible Activities 

We propose to begin foundationally at 

§ 80.2, as described above, by defining 

the term ‘‘law enforcement’’ to mean 

enforcing laws, orders, and regulations. 

We also would describe at proposed 

§ 80.55 how activities for both law 

enforcement and the process of making 

State laws are ineligible for funding. 

Using these two standards of ineligible 

activities under the Acts allows us to 

take an approach with this proposed 

rulemaking to clarify and more 

distinctly define those activities that are 

eligible, as the prohibition of activities 

connected to law enforcement has been 

interpreted over the years to extend 

beyond these restrictions. Based on this 

approach, we propose to include the 

following activities in the regulation as 

eligible: 

• Research, data collection, surveys, 

meeting with boards, and other 

preliminary activities that State agency 

staff do to collect information, make 

assessments, develop internal 

recommendations, and inform 

legislators, who then use the 

information when engaging in the 

ineligible activity associated with a 

formal legislative process for making 

public policy. These eligible activities 

are also supported under both Acts. 

When defining ‘‘wildlife restoration 

project’’ and ‘‘fish restoration and 

management project,’’ the Acts include, 

respectively, ‘‘research into problems of 

wildlife management as may be 

necessary to efficient administration 

affecting wildlife resources’’ (16 U.S.C. 

669a(11)) and ‘‘acquisition of such facts 

as are necessary to guide and direct the 

regulation of fishing by law’’ (16 U.S.C. 

777a(1)(B)). 

• Activities that are otherwise eligible 

being conducted by law enforcement 

personnel. Examples are activities such 

as participating in hunter education and 

safety courses, supporting public access 

at boat ramps, or conducting outreach to 

educate the public or for R3 purposes. 

If an activity is eligible, the staff 

involved with conducting the activity, 

even if law enforcement, may be 

included as an eligible part of an award. 

Of course, if law enforcement staff are 

involved in an eligible activity, and 

something occurs that activates them to 

conduct law enforcement activities, the 

State or subrecipient would have to 

prorate costs accordingly and charge 

only eligible activities to the award or 

subaward. 

• Interpreting, translating, printing, or 

disseminating published State hunting 

regulations to inform and educate the 

public about their responsibilities to 

comply with laws, orders, and 

regulations. Once the laws are 

published in the official legal registry 

(State Register or other), the lawmaking 

process is complete. However, the State 

agency should then make this 

information readily available to 

members of the public in a manner they 

can understand. Such efforts to simplify 

the rules in a different format, translate 

the law into other languages, include 

information on the laws in hunter or 

angler guides, and other associated 

projects would be eligible. 

Technology 

Considering that State agencies may 

provide many forms of innovation in 

communication with the public, such as 

phone applications (apps), social media, 

websites, software products, and 

whatever is on the horizon, we propose 

to add the flexibility for States to 

employ these methods and tools when 

associated with an eligible activity. 

R3 Flexibility 

We understand that the ability to use 

funds under these Acts for R3 activities 

will provide State fish and wildlife 

agencies opportunities to be somewhat 

creative in finding various ways to 

approach different audiences, thereby 

helping the agencies achieve the R3 

success they are seeking. We want to 

provide flexibility in the regulations for 

States to take advantage of those 

opportunities as much as possible, 

while still meeting the requirements for 

being necessary and reasonable and 

supporting objectives in an award. We, 

therefore, propose to list eligible 

activities that support R3 for items such 

as hiring shooting trainers and hunting 

guides, paying for optimizing State 

websites, acquiring supplies that help 

enhance the experience and skills of 

participants, and various types of 

education to include mentoring, field 

demonstrations, and training simulators. 

Many of the activities for R3 under 

Wildlife Restoration can be applied 

similarly to R3 under Sport Fish 

Restoration. We propose to leave 

sufficient flexibility to allow a State 

agency to have an award approved for 

activities that the agency can clearly 

demonstrate are targeted toward eligible 

R3 objectives. 


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Section 80.51—What activities are 

eligible for funding under the Sport Fish 

Restoration Act? 

We propose to amend eligible 

activities in § 80.51 to align with those 

in the proposed revised § 80.50, as 

appropriate, including expansion of 

eligible activities for communication. 

Recreational Boating Access 

Subprogram 

We propose to add some activities to 

provide more context, based on the 

Service Manual chapter at 517 FW 7. 

Based on recommendations from States, 

we would clarify that projects may be 

for motorized or nonmotorized vessels 

and users. 

State Outreach and Communications 

Subprogram 

We propose to add the word ‘‘State’’ 

to this subprogram. The Act provides for 

a National Outreach and 

Communications Program, which is a 

competitive program administered out 

of the Service’s Headquarters Office. 

The Act also provides for a State 

Outreach and Communications program 

(an R3 program), which is to be an 

extension of the National program 

focused on State priorities. Each State 

may use up to 15 percent of its Sport 

Fish Restoration program apportioned 

funds (16 U.S.C. 777c) for the costs of 

the combined Aquatic Resources 

Education and State Outreach and 

Communications subprograms. We 

propose to add a provision for 

‘‘Interpreting, translating, printing, or 

disseminating published State fishing 

regulations to inform and educate the 

public about their responsibilities to 

comply with laws, orders, and 

regulations’’ to the regulations to 

provide parity with eligible activities 

under proposed revised § 80.50. 

Section 80.52—What activities are 

eligible for funding under all programs 

and subprograms under the Acts? 

We propose to add this new section 

to the regulations as we identified 

multiple activities currently discussed 

in §§ 80.50 and 80.51 and in this 

proposed rule that are eligible to all 

programs and subprograms. Below we 

describe two new proposed provisions 

to accommodate activities newly 

eligible under the 2019 amendments to 

the Wildlife Restoration Act. 

State Electronic Data Systems 

License sales are an important 

component of the congressionally 

mandated funding formula the Service 

uses for awarding annual 

apportionments to State agencies. 

Originally a manual process, tracking of 

license sales became automated as 

technology improved and State agencies 

began using automated point of sale or 

electronic licensing systems for 

collecting payments for hunting and 

fishing licenses and accounting for 

license sales. As the primary purpose 

for these electronic systems was 

management of hunting and fishing 

license revenue for the State fish and 

wildlife agency, using grant funds to 

support the system was considered 

ineligible for funding as activities 

conducted for the primary purpose of 

producing income (see 50 CFR 80.54(c)), 

and all associated costs, are ineligible. 

As technology has further improved and 

agency activities expanded over the 

years, traditional licensing systems 

evolved to accommodate a variety of 

needs and purposes and have been 

combined with other public-facing 

electronic systems designed to collect 

and share data and information as a 

public interface. A Director’s 

Memorandum issued on July 11, 1996 

(Automated Sportsman’s Data Systems 

(ASDS)—Formerly Point of Sale), 

describes the Service’s awareness of the 

changing technology and the potential 

eligibility of some costs associated with 

the expanding system. More than 25 

years later, systems have become a tool 

for a variety of actions related to the 

conservation of fish and wildlife 

resources and associated administration 

of a State agency. Some electronic 

systems may be combined within a State 

to accommodate multiple purposes or 

be used in conjunction with other State 

agencies. States are using technology to 

increase efficiency and generate cost 

savings, so it is possible that the 

electronic system that sells hunting and 

fishing licenses may include 

components for collecting data and 

funds, distributing information, or 

administering activities for other 

purposes such as driver’s licenses, 

vehicle registrations, park entry permits, 

and other sources of revenue for States. 

In June 2021, WSFR published 

guidance that describes how States may 

apply costs of an electronic system that 

support eligible activities to a Wildlife 

Restoration or Sport Fish Restoration 

award. As we have had 2 years to 

implement and receive feedback on this 

guidance and have received no negative 

responses from States, we propose to 

add such costs to the list of eligible 

activities in the regulations. The 

processes in the guidance would still 

have to be followed for costs to be 

eligible. 

Oversight Activities 

We propose to add provisions to the 

regulations that clarify as eligible those 

activities pertaining to oversight, such 

as monitoring, evaluating, and 

reporting. We would include as eligible 

the costs associated with monitoring 

and compliance activities when they 

lead to the discovery of an area of 

noncompliance with an award, a 

potential diversion of funds under the 

Acts, or a situation where property 

acquired under the Acts is infringed 

upon—improprieties that could result in 

an action in the legal system. This 

proposed regulatory change would 

continue to build on the flexibilities for 

activities that do not fall into the 

category of law enforcement or State 

lawmaking. The State agency would still 

be unable to use award funds for 

conducting law enforcement activities, 

such as issuing a citation, but the 

agency could use award funds for 

obtaining evidence, testifying in court, 

meeting with attorneys, and other 

activities to protect resource and 

property interests under an award. Here 

is an example: While a State is 

monitoring real property holdings that 

were acquired under an award, the State 

finds that an adjacent landowner has 

put a shed on a State-owned property. 

Eligible activities would include the 

work that non-law enforcement staff do 

to collect information and evidence (i.e., 

take photographs, check lot lines in the 

files, etc.), notify managers and officials, 

write letters to the other party informing 

them of the situation and offering an 

opportunity to correct, consult with 

attorneys to assess the situation and 

potential alternatives, and, if needed, 

testify and provide evidence in a court 

of law. 

Section 80.53—May an activity be 

eligible for funding if it is not explicitly 

eligible in this part? 

We propose to add in § 80.53 that an 

activity must be allowable under 2 CFR 

part 200 to be eligible if the activity is 

not explicitly described as eligible in 

the regulations in part 80. 

Section 80.55—What activities are 

ineligible for funding? 

We propose to expand on the 

prohibition for law enforcement to 

include the definition of ‘‘law 

enforcement’’ but also the making of 

laws. We also propose to remove 

‘‘public relations’’ as ineligible under 

the Acts in response to Public Law 116– 

94. 

State Lawmaking as Ineligible 

We propose to clearly describe as an 

ineligible activity participation in the 

State lawmaking process using Federal 

funds under an award. This provision is 

primarily because State agencies need to 


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retain their State law authority to make 

policy decisions, and once these 

activities are included in a grant and 

paid for with Federal financial 

assistance funds, they are ‘‘federalized,’’ 

creating a Federal nexus to what is 

inherently a State responsibility. When 

a federally funded project includes the 

making of State laws, a Federal 

compliance review is automatically 

triggered. Even if the project is 

determined to be categorically excluded 

from some Federal compliance 

requirements, the Federal nexus on a 

State’s responsibility and authority to 

promulgate laws is inappropriate and is 

deemed ineligible. Therefore, this 

proposed rule would clarify and more 

distinctly define what law-related 

activities are eligible and ineligible 

under the Acts. 

Public Access Denied 

We also propose to add that when 

public access is required under an 

award and is not provided, the project 

becomes ineligible for funding. This 

provision does not include temporary 

closings or closings because of reasons 

established at proposed § 80.58 but 

refers to blatant exclusion or denial of 

public access when that access is 

required under an award. 

Section 80.57—How does a proposed 

project qualify as substantial in 

character and design? 

We propose to add to § 80.57 planned 

approaches, appropriate procedures, 

and accepted principles that would 

relate to R3, access, and communication 

to accommodate additional eligible 

activities described in this proposed 

rule. 

Section 80.58—What are public access 

requirements for activities in an 

approved award under the Wildlife 

Restoration or Sport Fish Restoration 

programs? 

The parameters for public access have 

been a longstanding issue for the 

Service and States, and we propose to 

set some basic principles in the 

regulations to assist with understanding 

and encourage consistent application. 

We propose to start with stating that 

there are certain eligible activities under 

an award for which the primary purpose 

is to provide public access. A prime 

example of such an activity is public 

target ranges, which are prominent in 

both Public Law 116–17, which focuses 

on offering advantages to States to 

encourage further development of such 

facilities, and Public Law 116–94, 

which seeks to provide public target 

ranges and other support to recruit, 

retain, or reactivate members of the 

public in hunting and recreational 

shooting activities. We have 

encountered situations where potential 

subrecipients were actively seeking to 

partner with States in using funds under 

the Wildlife Restoration Act for range 

projects but did not want the range open 

to the public. Often, we encounter 

situations where the desire is to limit 

access to members only, and 

membership costs are very high, or 

memberships are not offered to all. This 

includes projects under both Acts. 

From the public side, we also have 

encountered situations where certain 

groups with specific interests want to 

access property acquired under an 

award for various purposes that are not 

consistent with the purposes of the 

award under which they were acquired. 

For example, a real property acquisition 

for the purposes of conserving a 

sensitive species in recovery may not be 

compatible with all-terrain vehicle use 

or horseback riding on that property. 

Proposed § 80.58 would give the State 

agency authority, within the purposes of 

the Acts, to set parameters for public 

access. We understand that many States 

have standards for public access already 

institutionalized in their laws and 

practices. Proposed § 80.58 would also 

describe how a State agency may work 

under a third-party binding agreement 

(which may be accomplished as a 

subaward) to partner with non-State 

entities on projects that must provide 

public access. 

We purposely do not discuss in the 

proposed regulations any set formulas 

for determining the amount of public 

access to provide when the project with 

a third party is not available for public 

access 100 percent of the time. In May 

2017, the Service published Best 

Practices for Third-Party Agreements 

guidance (best practices guidance), 

which we updated in September 2019. 

In the best practices guidance, we 

describe that the determination as to the 

adequacy of public access will be 

accomplished on a case-by-case basis 

and will be considered as follows: 

The WSFR-prescribed method used to 

determine the amount of public access 

is: 

(1) A reasonable number of regularly 

scheduled and posted hours of 

availability must be available to the 

public that reflects, at minimum, the 

amount of the Federal and State 

investment; 

(2) Hours of operation may take into 

consideration safety and security issues, 

but must not impose impediments such 

as mandatory membership or excessive 

fees beyond those needed to offset 

maintenance and management costs; 

(3) If there is potential for closing a 

site for targeted, non-public use, the 

recipient must define a process whereby 

the third party must notify the public of 

any changes in availability and must 

compensate the recipient when it 

reduces the minimum public access 

defined in the agreement (the preferred 

method is for the third party to offer 

additional public access at an alternate 

time that compensates for the 

interruption); and 

(4) If there are gates, locks, or other 

controls to access, the third party must 

clearly indicate at the control point how 

the public may gain access to the 

facility. 

VI. Subpart F—Allocation of Funds by 

an Agency 

With the passage of Public Law 116– 

17 and Public Law 116–94, many more 

interrelationships are available for 

developing projects and engaging in 

eligible activities that could potentially 

include using funds from a different 

funding source under the Wildlife 

Restoration Act. Because these statutory 

changes prompted a more holistic 

approach in subpart F, we propose to 

expand current § 80.60 and add three 

new sections as follows: 

• Proposed § 80.60—What is the 

relationship between the Traditional 

Wildlife Restoration Program, the Basic 

Hunter Education and Safety 

subprogram (Basic Hunter Education), 

and the Enhanced Hunter Education 

and Safety program (Enhanced Hunter 

Education) for acquiring land for, 

expanding, or constructing public target 

ranges? 

• Proposed § 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? 

• Proposed § 80.62—What are eligible 

and ineligible 90/10/5 activities? 

• Proposed § 80.63—What exception 

is provided for Enhanced Hunter 

Education and Safety funds in relation 

to Basic Hunter Education and Safety 

funds? 

We propose in these sections, based 

on the ‘‘Interim Guidance for Applying 

Public Law 116–17, the Target Practice 

and Marksmanship Training Support 

Act, to the Pittman-Robertson Wildlife 

Restoration Act’’ (interim guidance), 

how a State may apply the 90 percent 

Federal/10 percent non-Federal cost 

share and period of availability of up to 

5 years to eligible public target range 

projects. The proposed sections also 

describe what amount of funds, if any, 

a State may allocate to public target 

range projects and the process a State 


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agency must take when applying 

apportioned Traditional Wildlife 

Restoration program funds to those 

projects. The current regulations at 

§ 80.60 focus on the differences between 

the Basic Hunter Education and Safety 

subprogram and the Enhanced Hunter 

Education and Safety program. We 

propose to address the relationship 

between the two programs and one 

subprogram that may include public 

target range activities using the 90/10/5 

approach as allowable under the 

amendments from Public Law 116–17. 

Proposed § 80.61 would engage with 

all the options that a State may use 

when funding public target range 

projects. We would identify, in a table 

to proposed § 80.61, seven different 

potential approaches to use under the 

regulations. 

Proposed § 80.62 would describe 

eligible and ineligible 90/10/5 activities. 

The proposed revisions would include a 

topic that we need to address as, 

following a legal review of Public Law 

116–17, it became clear that the intent 

of the law is to increase physical access 

to more or expanded public target 

ranges. In the interim guidance and this 

proposed rule, we make it clear that 

‘‘expanding’’ means, for the purposes of 

projects for acquiring land for, 

expanding, or constructing public target 

ranges (90/10/5), physical 

improvements to an existing public 

target range that add to the utility of the 

range in a manner that ultimately 

increases range capacity to 

accommodate more participants. 

Physical improvements do not 

necessarily have to increase the size of 

the facility but must result in an 

increase in physical usability that will 

accommodate more participants. This 

legal interpretation led us to include in 

this proposed rule definitions for the 

terms ‘‘maintenance’’ and ‘‘operations.’’ 

In the grant programs under the Acts, 

we tend to combine operations and 

maintenance under single awards, and 

this approach is acceptable for most of 

the eligible activities under the Acts. 

However, for 90/10/5 awards, an 

activity defined as ‘‘operations’’ is not 

an eligible activity. An activity defined 

as ‘‘maintenance’’ may be, depending on 

whether it integrally supports a 

construction or expansion project. For 

example, if a project includes activities 

to expand a 6-stall range to a 12-stall 

range, but the roof and structure of the 

existing 6 lanes need repair and 

maintenance at the same time to allow 

for successful construction, it may be 

necessary and reasonable to support the 

expansion project and ensure that all 12 

lanes will be accessible to the public. 

Other examples may include when a 

safety feature of a public target range 

needs maintenance, and closure of the 

facility will occur if the need is not 

resolved. When combined with other 

activities for expanding the range, this 

maintenance activity may be included 

as necessary and reasonable. A State 

fish and wildlife agency would have to 

clearly justify how the maintenance 

activity supports the 90/10/5 objectives 

and is not just a stand-alone 

maintenance activity that does nothing 

to increase range capacity for more 

participants. 

We include in this proposed rule that 

public target ranges may be on property 

where title is held by a third party 

provided the State agency holds a lease 

or other binding agreement that ensures 

the terms and conditions of the award 

will be met. Mobile public target ranges 

would also be eligible. Although 

personnel and administrative costs for 

managing and operating a public target 

range once the project is completed 

would be ineligible, personnel and 

administrative costs associated with 

activities that directly support 

development of public target ranges, 

such as acquiring land and construction, 

would be eligible. Examples include 

those activities associated with planning 

for projects, which may include 

identifying potential parcels of land, 

investigating and obtaining permits, 

conducting real property appraisals, 

engineering, coordinating projects on a 

State level, and administering specific 

projects. Costs that are also eligible 

when combined with an expansion or 

construction project are the associated 

amenities that are necessary and 

reasonable to ensure the public can fully 

access and utilize the public target 

range, such as public restrooms, storage 

facilities, safety amenities, signs, roads 

and parking lots, and infrastructure for 

utilities. We also propose to include as 

eligible the possibility to justify a 

project using the 90/10/5 approach 

when the range has deteriorated to a 

condition where it is no longer operable 

or accessible. We do not expect this 

situation to happen often, and anyone 

considering this option would have to 

consult the regional WSFR office. 

We would list the following activities 

as ineligible: operations, maintenance 

unless necessary for completing a 

construction or expansion project, longterm monitoring, and any other 

activities that are not directly related to 

the goals of 90/10/5 for providing new 

or increased physical capacity for public 

target ranges. 

Proposed § 80.63 would describe the 

exception that is in the Wildlife 

Restoration Act (16 U.S.C. 669 et seq.) 

for use of Enhanced Hunter Education 

and Safety funds. The amendments to 

the Act from Public Law 116–94 

complicate administration in some 

respects. The funding source for both 

the Basic Hunter Education and Safety 

subprogram and the newly added 

hunter recruitment and recreational 

shooter recruitment (which we refer to 

as ‘‘R3’’) activities is described in the 

Act at 16 U.S.C. 669c(c)(1)–(3). When 

applied to the Basic Hunter Education 

and Safety subprogram, the eligible 

activities are described in the Act at 16 

U.S.C. 669g(b). The new eligible 

activities for R3 are included in the Act 

under 16 U.S.C. 669c(c)(4). The Act also 

includes an exception for the Enhanced 

Hunter Education and Safety program 

that, if a State uses all its Basic Hunter 

Education and Safety subprogram funds 

for purposes under 16 U.S.C. 669g(b) 

during the FFY, the State may then use 

its Enhanced Hunter Education and 

Safety program funds for any purpose 

under the Act. When applying the 

amendments for R3 activities in the Act, 

if a State uses any of its funds under 16 

U.S.C. 669c(c) for R3 activities, it voids 

the exception, and the State must use all 

its Enhanced Hunter Education and 

Safety program funds for Enhanced 

Hunter Education and Safety program 

purposes. We propose to revise § 80.63 

to explain and clarify the exception and 

associated restrictions when using those 

funds for R3 activities. 

Section 80.64—What requirements 

apply to funds for the Recreational 

Boating Access subprogram? 

We propose to update § 80.64 to 

clarify that a State need not set aside 

funds out of each annual apportionment 

for this subprogram, provided that the 

standard is accomplished within the 

designated 5-year period. We propose to 

update the 5-year periods starting with 

2023. 

Section 80.66—Must a State fish and 

wildlife agency allocate costs in 

multipurpose projects and facilities? 

And section 80.67—How does a State 

fish and wildlife agency allocate costs to 

an award in multipurpose projects and 

facilities? 

We propose to amend §§ 80.66 and 

80.67 slightly to accommodate for 

various funding sources within the Acts 

and to support that a State agency may 

describe ineligible activities in a 

proposal that supports eligible activities 

provided that the proposal clearly 

shows that no costs for ineligible 

activities are part of the award. The 

Service has had a few instances in 

which auditors have identified any 

discussion of ineligible activities in a 

proposal as making the award ineligible. 


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This determination is inaccurate. In 

many multipurpose projects, eligible 

and ineligible activities work together 

for the success of the overall project, 

and describing the ineligible activities 

makes it clearer to the grant reviewer 

how the entire project is supported. 

Therefore, this is an acceptable 

approach that supports the information 

required at § 80.82(b). 

Section 80.69—What requirements 

apply to allocation of funds between 

marine and freshwater fisheries 

projects? 

We propose to amend § 80.69 to 

remove the term ‘‘obligated’’ and 

replace it with the term ‘‘allocated’’ to 

better align with current administrative 

practices. 

VII. Subpart G—Applying for an 

Award 

We propose to amend the title of 

subpart G to reflect active voice and to 

replace the term ‘‘grant’’ with ‘‘award’’ 

to align with 2 CFR part 200. 

The Service has had several changes 

to systems and processes for States 

applying for an award and for Service 

staff administering awards. In response 

to these changed circumstances, we 

propose to revise subpart G to become 

more generic in some places, not 

referencing specific systems and 

processes and referring applicants to the 

notice of funding opportunity for 

specific information. As many actions 

that used to require hardcopy 

submissions and signatures are now 

accomplished electronically, we also 

propose changes to reflect modern 

procedures. Effective January 1, 2020, 

SAM.gov (https://sam.gov/content/ 

home) became the central repository for 

common certifications and 

representations required of Federal 

grants recipients. Effective October 28, 

2022, the Service no longer requires 

applicants to submit the ‘‘Assurances 

for Non-Construction Programs (SF– 

424B)’’ form or the ‘‘Assurances for 

Construction Programs (SF–424D)’’ form 

with their applications. Therefore, we 

propose to remove this requirement 

from the regulations. 

Section 80.83—What is the Federal 

share of allowable costs? And section 

80.84—How does the Service establish 

the non-Federal share of allowable 

costs? 

On October 22, 2022, the U.S. 

Department of the Interior issued a 

notification (DOI–PGM–PAN Reference 

No: 2023–0022) that the Office of the 

Solicitor has determined Public Law 

96–205, title VI, section 601, as 

amended, in conjunction with 48 U.S.C. 

1469a(d), requires Department of the 

Interior offices and bureaus to waive the 

cost sharing requirement for grants to 

the U.S. Virgin Islands, Guam, 

American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands, commonly called ‘‘insular 

areas.’’ Based on this determination, we 

propose to amend these sections of the 

regulations to show that the Service will 

not require those insular areas to 

provide cost share to awards under 

these Acts. The insular areas may 

provide voluntary cost share, but it is 

not required. The Commonwealth of 

Puerto Rico and the District of Columbia 

must still provide a minimum 25 

percent cost share. 

We also propose to amend these 

sections to reflect that for those 

activities that meet the criteria for 

acquiring land for, expanding, or 

constructing public target ranges, the 

Federal share may be up to 90 percent 

of costs under an award, except for 

insular areas where it is 100 percent. 

Section 80.85—What requirements 

apply to cost share or match? 

We propose to revise § 80.85 to refer 

only to the requirements for cost share 

as described at 2 CFR 200.306. We 

would maintain the text that describes 

at what level of accounting to apply cost 

share. 

VIII. Subpart H—General Award 

Administration 

Section 80.92—How long are funds 

available for a Federal obligation? 

We propose to supplement § 80.92 by 

providing a table that describes all 

programs and subprograms under the 

Acts and shows the name of the 

program or subprogram, the period of 

availability for obligation (how many 

FFYs), and the disbursement of funds at 

the end of the period of availability for 

obligation. This table would clearly 

show all sources of funding and what 

happens to the funding should it not be 

obligated within the period of 

availability. 

Section 80.94—May a State fish and 

wildlife agency incur costs before the 

beginning of the period of performance? 

We propose to add a clause at the end 

of paragraph (c) of § 80.94 that would 

state that the agency can receive 

reimbursement for pre-award costs only 

after the beginning of the period of 

performance and, for activities requiring 

compliance, only after the compliance is 

satisfied. This proposed revision would 

emphasize that if a State agency receives 

approval for pre-award costs that 

require compliance, the compliance 

must be completed to the satisfaction of 

the Service before reimbursement will 

be made. For activities that do not 

require compliance, reimbursement may 

be accomplished as soon as practicable. 

Section 80.97—What is barter, and may 

a State fish and wildlife agency use 

barter of goods or services to carry out 

a grant-funded project? And section 

80.98—How must a State fish and 

wildlife agency include barter in an 

award and report barter transactions? 

The final rule published on August 1, 

2011 (76 FR 46150), introduced in the 

regulations how a State agency may use 

the barter of goods and services to carry 

out a grant-funded project and how 

barter must be reported. This revision 

was in response to audit findings 

reported by the Office of the Inspector 

General in several States and 

recommendations that the Service 

provide clear guidance. In January 2020, 

the JTF began a process where, 

annually, WSFR sends out a request for 

State agencies to submit topics of 

national concern in the programs under 

the Acts for our consideration and 

possible policy action. In 2021, we 

received a concern that barter 

transactions in a State had again been 

identified as an audit finding. This 

situation prompted WSFR to reexamine 

the topic and determine how States 

were managing barter requirements. The 

JTF supported WSFR staff working with 

the Federal Assistance Coordinators 

Working Subcommittee, a group of State 

representatives and subject matter 

experts chartered under the Association 

of Fish and Wildlife Agencies, to assist 

in reaching out to States and to provide 

advice on regulatory changes. 

Barter is an accounting activity that is 

addressed under the Generally Accepted 

Accounting Principles (GAAP) and the 

associated standards for State and local 

governments set by the Governmental 

Accounting Standards Board (GASB). 

We determined that the current GASB 

standard that includes barter 

transactions was published after 

§§ 80.97 and 80.98 were set forth in the 

proposed rule (75 FR 32877, June 10, 

2010) for the August 1, 2011, rule (76 FR 

46150), and we were unaware of the 

change until consulting with our 

accounting experts when reassessing the 

topic in 2021. Therefore, we propose to 

amend those sections of the regulations 

to reflect current standards. The 

proposed revised sections would assign 

the responsibility to each individual 

State for developing and maintaining 

processes that follow GAAP/GASB 

standards for how to manage barter 

transactions within that State fish and 

wildlife agency. This proposed revision 


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is consistent with 2 CFR part 200, which 

requires States to establish and follow 

their own processes under existing laws. 

The definition for ‘‘barter 

transactions’’ would remain the same— 

that it is an accounting term and means 

a nonmonetary exchange (reciprocal 

transfer) transaction. The requirement to 

report barter transactions in the Federal 

financial report also would remain. The 

barter exchange needs to be accounted 

for according to the GAAP standard. 

The GAAP standard for States is 

dictated by the GASB Statement No. 62. 

In general, accounting for nonmonetary 

transactions should be based on the fair 

values of the assets (or services) 

involved, which is the same basis as 

that used in monetary transactions. 

Therefore, barter could result in an even 

exchange when the fair values of the 

assets exchanged are the same or result 

in a gain or a loss when one part of the 

exchange has a higher value than the 

other. A gain could be program income 

and a loss a project expense. 

In the current regulations, the Service 

describes cooperative farming and 

grazing, a very typical activity with 

State agencies that is considered an 

even-exchange barter transaction. In this 

proposed rule, we propose to remove 

cooperative farming and grazing from 

§ 80.98 not because it is no longer 

considered as an even-exchange barter 

transfer but because, under the current 

GASB standard, each State, and not the 

Service, is responsible for establishing 

processes for making those 

determinations for their State and then 

following the resulting processes. 

Therefore, any State desiring to include 

cooperative farming and grazing as an 

even-barter exchange must include it in 

the State’s processes. A State could 

potentially add more parameters within 

GAAP/GASB standards that could 

benefit the agency’s approaches and 

objectives. WSFR has been providing 

technical assistance to States through 

the Federal Assistance Coordinators 

Working Subcommittee to assist them in 

identifying any existing State policies 

on barter transactions and establishing 

or refining barter policies for the State 

fish and wildlife agency to use. By 

establishing State fish and wildlife 

agency policies on barter transactions 

that meet the standards established 

under GASB, and then following those 

policies, State agencies may avoid 

future audit findings related to barter. 

One concern related to barter 

transactions that was brought to our 

attention is when a State agency wants 

to incentivize certain activities to 

support its program objectives and 

offers something of value to private 

entities in exchange for a desired action. 

We do not address incentives in this 

rulemaking but did address them in a 

policy advisory (Advisory 2020–016, 

October 15, 2020 (https://fawiki.fws.gov/ 

pages/viewpage.action?pageId=

117669889)) when the question was 

presented to WSFR. We describe an 

‘‘incentive’’ as something that motivates 

or encourages someone to do a desired 

behavior or action, that is, it stimulates 

a reaction or response. An incentive is 

not a barter transaction unless it meets 

the criteria for barter. A State agency 

offering incentives to prompt a desired 

reaction or response may take many 

forms, many of which are not barter 

transactions. When the incentive is 

more transactional and includes a 

nonmonetary exchange on both ends, it 

is a barter transaction and must follow 

the State processes and the regulations 

at 50 CFR part 80. 

IX. Subpart I—Program Income 

Section 80.120—What is program 

income? 

We propose to update § 80.120 to 

better align with 2 CFR part 200. To this 

section, we propose to add barter 

transactions as a form of program 

income when the value of goods or 

services received exceeds the value of 

goods or services the agency provided. 

X. Subpart J—Real Property 

We propose to revise the heading of 

§ 80.134 and make one substantive 

change to subpart J. We would add a 

new paragraph (e) under § 80.134 stating 

that 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(c)). 

Paragraphs (a) through (d) of § 80.134 

address how State agencies must use 

real property acquired under an award. 

The proposed addition of new 

paragraph (e) to this section would close 

the loop by referring to § 80.20(b), 

which includes real or personal 

property acquired with license revenue 

as ‘‘hunting and fishing license 

revenue’’ that must be protected, and 

then back to § 80.10(c), which requires 

that hunting and fishing license revenue 

be controlled by the State fish and 

wildlife agency and used only for the 

administration of that agency. We 

would impose no new requirements by 

adding this new paragraph (e); rather, 

this proposed addition would align the 

requirements in a meaningful way in the 

real property subpart. 

XI. Subpart K—Revisions and Appeals 

We are not proposing any substantive 

changes to subpart K. 

XII. Subpart L—Information Collection 

We are proposing to update subpart L 

to the current standardized paragraph 

for information collection. 

Statutory Authority 

The authorities for this action are 16 

U.S.C. 669 et seq., and 777–777m, 

except 777e–1 and g–1. 

Request for Comments 

You may submit comments and 

materials on this proposed rule by any 

one of the methods listed in ADDRESSES. 

We will not accept comments sent by 

email or fax or to an address not listed 

in ADDRESSES. We will not consider 

hand-delivered comments that we do 

not receive, or mailed comments that 

are not postmarked, by the date 

specified in DATES. 

We will post your entire comment on 

https://www.regulations.gov. Before 

including personal identifying 

information in your comment, you 

should be aware that we may make your 

entire comment—including your 

personal identifying information— 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. We will post all hardcopy 

comments on https://

www.regulations.gov. 

Required Determinations 

Regulatory Planning and Review 

(Executive Orders 12866, 13563, and 

14094) 

Executive Order (E.O.) 12866, as 

reaffirmed by E.O. 13563 and E.O. 

14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) will review all significant 

rules. OIRA has determined that this 

proposed rule is not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the Nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 


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public participation and an open 

exchange of ideas. 

Executive Order 14094 reaffirms the 

principles of E.O. 12866 and E.O. 13563 

and states that regulatory analysis 

should facilitate agency efforts to 

develop regulations that serve the 

public interest, advance statutory 

objectives, and are consistent with E.O. 

12866, E.O. 13563, and the Presidential 

Memorandum of January 20, 2021 

(Modernizing Regulatory Review). 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. 

We have developed this proposed rule 

in a manner consistent with these 

requirements. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601 et seq.), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA; 5 U.S.C. 801 et seq.), 

whenever an agency publishes a 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effects of the rule on small 

entities (i.e., small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of the agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the RFA 

to require Federal agencies to provide a 

certification statement of the factual 

basis for certifying that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

We have examined this proposed 

rule’s potential effects on small entities 

as required by the RFA. We have 

determined that this proposed rule 

would not have a significant economic 

effect on a substantial number of small 

entities and does not require a 

regulatory flexibility analysis because 

only eligible State, Territorial, and the 

District of Columbia fish and wildlife 

agencies may receive funding under the 

Acts and regulations. Therefore, small 

entities (small businesses, small 

organizations, and small governmental 

jurisdictions) would not be affected by 

this proposed rule. 

In summary, we have considered 

whether this proposed rule would result 

in a significant economic impact on a 

substantial number of small entities. We 

certify that, if made final, this proposed 

rule will not have a significant 

economic effect on a substantial number 

of small entities as defined under the 

RFA, as amended. An initial regulatory 

flexibility analysis is not required. 

Accordingly, a small entity compliance 

guide is not required. 

Unfunded Mandates Reform Act 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

Tribal governments, or the private sector 

of more than $100 million per year. The 

proposed rule would not have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. 

(a) As discussed above under 

Regulatory Flexibility Act, this proposed 

rule would not have a significant 

economic effect on a substantial number 

of small entities. 

(b) The regulations do not require a 

small government agency plan or any 

other requirement for expending local 

funds. 

(c) The programs governed by the 

current regulations and enhanced by the 

proposed amendments in this document 

potentially assist small governments 

financially when they occasionally and 

voluntarily participate as subrecipients 

of an eligible agency. 

(d) The proposed rule clarifies and 

improves upon the current regulations 

allowing State, local, and Tribal 

governments, and the private sector, to 

receive the benefits of financial 

assistance funding in a more flexible, 

efficient, and effective manner. 

(e) Any costs incurred by a State, 

local, or Tribal government or the 

private sector are voluntary. There are 

no mandated costs associated with the 

proposed rule other than a required cost 

share, in some cases. No cost share is 

required under this proposed rule for 

insular areas. 

(f) The benefits of grant funding 

outweigh the costs. Of the 50 States and 

6 other jurisdictions that voluntarily are 

eligible to apply for grants in these 

programs each year, all participate. This 

is clear evidence that the benefits of this 

grant funding outweigh the costs. 

(g) This 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. 

A statement containing the 

information required by the Unfunded 

Mandates Reform Act (2 U.S.C. 1531 et 

seq.) is not required. 

Takings (E.O. 12630) 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630. This proposed 

rule has no provision for taking private 

property. Any real property acquisitions 

with private landowners are strictly 

voluntary and only with willing sellers. 

A takings implication assessment is not 

required. 

Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this proposed 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. It would not interfere with 

the States’ ability to manage themselves 

or their funds. We work closely with the 

States administering these programs. 

They helped us identify those sections 

of the current regulations needing 

further consideration and new issues 

that prompted us to develop a 

regulatory response. A federalism 

summary impact statement is not 

required. 

Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this proposed rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175, Department Policy, and U.S. Fish 

and Wildlife Service Native American 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. We 

have evaluated this proposed rule under 

the Department’s consultation policy 

and under the criteria in Executive 

Order 13175 and have determined that 

it would have no substantial direct 

effects on federally recognized Indian 

Tribes and that consultation under the 

Department’s Tribal consultation policy 

is not required. This proposed rule 

would inform States, Territories, and 

the District of Columbia as the eligible 

recipients under the Acts how to apply 

for funding, what activities are eligible 

for funding, and other administrative 

requirements. Eligible entities may 

partner with Indian Tribes on projects, 

but Indian Tribes are not eligible to 

receive funds directly. 


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Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) 

This proposed rule contains existing 

and new information collections. All 

information collections require approval 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). We may 

not conduct or sponsor and you are not 

required to respond to a collection of 

information unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. The 

OMB has reviewed and approved the 

information collection requirements 

associated with the administration of 

financial assistance through grants and 

cooperative agreement awards to States, 

local governments, Indian Tribes, 

institutions of higher education, 

nonprofit organizations, foreign 

organizations, foreign public entities, 

for-profit entities, and individuals and 

has assigned OMB Control Number 

1018–0100, Administrative Procedures 

for U.S. Fish and Wildlife Service 

Financial Assistance Programs (expires 

02/28/2025). 

In accordance with the PRA and its 

implementing regulations at 5 CFR 

1320.8(d)(1), we provide the general 

public and other Federal agencies with 

an opportunity to comment on our 

proposal to revise OMB Control Number 

1018–0100. This input will help us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. It will 

also help the public understand our 

information collection requirements and 

provide the requested data in the 

desired format. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on any 

aspect of this information collection, 

including: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

response. 

Comments that you submit in 

response to this proposed rulemaking 

are a matter of public record. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

The proposed revisions to existing 

and new reporting and/or recordkeeping 

requirements identified below require 

approval by OMB: 

(1) (NEW) Notice of Annual 

Apportionment Nonacceptance (50 CFR 

80.12)—If a State fish and wildlife 

agency does not want to receive the 

annual apportionment of funds, it must 

notify the Service in writing within 60 

days after receiving a preliminary 

certificate of apportionment. 

(2) (NEW) State Agency Hunting and 

Sport Fishing License Certification 

Revision (50 CFR 80.39)—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. 

(3) (NEW) Voluntary Display of 

Program Symbols (50 CFR 80.100)—A 

State fish and wildlife agency does not 

have to display one of the symbols in 

§ 80.99 on a project completed under 

the Acts. However, the Service 

encourages agencies to display the 

appropriate symbol as follows: 

a. An agency may display the 

appropriate symbol(s) on: 

1. Areas such as wildlife-management 

areas, shooting ranges, and sportfishing 

and boating-access facilities that were 

acquired, developed, operated, or 

maintained with funds authorized by 

the Acts; and 

2. Printed or web-based material or 

other visual representations of project 

accomplishments. 

b. An agency may establish a 

requirement for similar standards for 

displaying the appropriate symbol or 

symbols, in the places described in 

paragraph (a) of this section, that is 

passed through to subrecipients. An 

agency may require a subrecipient to 

display the appropriate symbol or 

symbols in the places described in 

paragraph (a) of this section. 

c. The Director or Regional Director 

may authorize an agency to use the 

symbols in a manner other than as 

described in paragraph (a) of this 

section. 

d. The Director or Regional Director 

may authorize other persons, 

organizations, agencies, or governments 

to use the symbols for purposes related 

to the Acts by entering into a written 

agreement with the user. An applicant 

must state how it intends to use the 

symbol(s), to what it will attach the 

symbol(s), and the relationship to the 

specific Act. 

e. The user of the symbol(s) must 

indemnify and defend the United States 

and hold it harmless from any claims, 

suits, losses, and damages from: 

1. Any allegedly unauthorized use of 

any patent, process, idea, method, or 

device by the user in connection with 

its use of the symbol(s), or any other 

alleged action of the user; and 

2. Any claims, suits, losses, and 

damages arising from alleged defects in 

the articles or services associated with 

the symbol(s). 

f. The appearance of the symbol(s) on 

projects or products indicates that the 

manufacturer of the product pays excise 

taxes in support of the respective Act(s) 

and that the project was funded under 

the respective Act(s) (26 U.S.C. 4161, 

4162, 4181, 4182, 9503, and 9504). The 

Service and the Department of the 

Interior make no representation or 

endorsement whatsoever by the display 

of the symbol(s) as to the quality, utility, 

suitability, or safety of any product, 

service, or project associated with the 

symbol(s). 

g. No one may use any of the symbols 

in any other manner unless the Director 

or Regional Director authorizes it. 

Unauthorized use of the symbol(s) is a 

violation of 18 U.S.C. 701 and subjects 

the violator to possible fines and 

imprisonment. 

(4) (NEW) Required Display of CVA 

Program Symbol, Slogan, and 

Information (50 CFR 85.43 and 85.47)— 

Facilities must display appropriate 

information signs at pumpout and 

portable toilet dump stations. Those 

signs should indicate fees, restrictions, 

hours of operation, operating 

instructions, a contact name, and 1– 

800–ASK–FISH telephone number for 

boaters to get additional information or 

to report an inoperable facility. As the 

source of funding for Clean Vessel Act 

facilities, the Sport Fish Restoration 

program should get credit through use 

of the Sport Fish Restoration logo. Grant 

recipients may use the crediting logo 

identified in 50 CFR 80.99 to identify 

projects funded by the Clean Vessel Act. 


ddrumheller on DSK120RN23PROD with PROPOSALS4
Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 95603 

(5) (REVISION) Adjust previously 

approved burden estimates as follows: 

• Reduce burden estimates due to the 

archival of the following programs: 

15.641 Wildlife Without Borders– 

Mexico, 15.633 Landowner Incentive, 

and 15.656 Recovery Act Funds. We 

propose to reduce burden estimates 

based on the number of awards under 

these programs that were pending 

closeout reports as of our previous 

clearance. 

• Increase burden estimates 

associated with new 15.069 Zoonotic 

Disease Initiative program. This new 

program was funded and then defunded 

since our last renewal. We propose to 

increase burden estimates for only postaward requirements (amendments and 

reporting) for the 21 awards issued by 

the program before funding recission. 

• Increase burden estimates for 

increased financial assistance funding 

and activities resulting from 

Infrastructure Investment and Jobs Act 

(BIL) appropriations supplementing 14 

Service financial assistance programs. 

• Add the new 15.685 National Fish 

Passage and 15.686 National Fish 

Habitat Partnership programs, but we 

have not proposed a corresponding 

increase in burden estimates. These 

longstanding programs were previously 

managed and reported as subprograms 

under our 15.608 Fish and Wildlife 

Management Assistance program. 

We also propose to renew the existing 

reporting and/or recordkeeping 

requirements identified below: 

(1) Application Package—We use the 

information provided in applications to: 

(1) Determine eligibility under the 

authorizing legislation and applicable 

program regulations; (2) determine 

allowability of major cost items under 

the Cost Principles at 2 CFR part 200; 

(3) select those projects that will 

provide the highest return on the 

Federal investment; and (4) assist in 

compliance with laws, as applicable, 

such as the National Environmental 

Policy Act, the National Historic 

Preservation Act, and the Uniform 

Relocation Assistance and Real Property 

Acquisition Policies Act of 1970. The 

full application package (submitted by 

the applicant) generally includes the 

following: 

• Required Federal financial 

assistance application forms (SF–424 

suite of forms, as applicable to specified 

project). 

• Project Narrative—generally 

includes items such as: 

—Statement of need, 

—Project goals and objectives, 

—Methods used and timetable, 

—Description of key personnel 

qualifications, 

—Description of stakeholders or other 

relevant organizations/individuals 

involved and level of involvement, 

—Project monitoring and evaluation 

plan, and/or 

—Other pertinent project-specific 

information. 

• Pertinent project budget-related 

information—generally includes items 

such as: 

—Budget justification, 

—Detail on costs requiring prior 

approval, 

—Indirect cost statement, 

—Federally funded equipment list, and/ 

or 

—Certifications and disclosures. 

(2) Amendments—Recipients must 

provide written explanation and submit 

prior approval requests for budget or 

project plan revisions, due date 

extensions for required reports, or other 

changes to approved award terms and 

conditions. The information provided 

by the recipient is used by the Service 

to determine the eligibility and 

allowability of activities and to comply 

with the requirements of 2 CFR part 

200. 

(3) Reporting Requirements— 

Reporting requirements associated with 

financial assistance awards generally 

include the following types of reports: 

• Federal Financial Reports (using the 

required SF–425), 

• Performance Reports, and 

• Real Property Status Reports, when 

applicable (using the required SF–429 

forms series). 

(4) Recordkeeping Requirements—In 

accordance with 2 CFR 200.334, 

financial records, supporting 

documents, statistical records, and all 

other non-Federal entity records 

pertinent to a Federal award must be 

retained for a period of 3 years after the 

date of submission of the final 

expenditure report or, for Federal 

awards that are renewed quarterly or 

annually, from the date of the 

submission of the quarterly or annual 

financial report, respectively, as 

reported to the Federal awarding agency 

or pass-through entity (in the case of a 

subrecipient) (unless an exemption as 

described in 2 CFR 200.334 applies that 

requires retention of records longer than 

3 years). 

(5) Real Property Reporting/ 

Recordkeeping Requirements—Service 

recipients purchasing real property 

under their award in which the Federal 

Government retains an interest must 

report on the status and request 

approval to dispose of those per 2 CFR 

part 200 and 2 CFR part 1402 using the 

SF–429–A, Real Property Status Report 

(General Reporting) and the SF–429–C, 

Real Property Status Report (Disposition 

or Encumbrance Request), as 

appropriate. For real property 

acquisition awards in which the Service 

will retain an interest, we require 

recipients to submit certain information, 

including: 

• Transactions, such as dates, method 

of transfer, title holder, and seller; 

• Identifiers, such as State and 

Federal Record ID, parcel number, and 

property name; 

• Values, such as appraised value, 

purchase price, and other cost 

information, and acres or acre feet; 

• Encumbrances; 

• Partners; 

• Copies of any options, purchase 

agreements, mineral assessment reports, 

and draft conservation easements; and 

• Documentation to demonstrate 

compliance with 2 CFR part 1402. 

Title of Collection: Administrative 

Procedures for U.S. Fish and Wildlife 

Service Financial Assistance Programs. 

OMB Control Number: 1018–0100. 

Form Number: None. 

Type of Review: Revision of a 

currently approved collection. 

Respondents/Affected Public: 

Individuals/households, private sector, 

and State/local/Tribal governments. 

Total Estimated Number of Annual 

Respondents: 15,199. 

Total Estimated Number of Annual 

Responses: 17,170. 

Estimated Completion Time per 

Response: Varies from 15 minutes to 

100 hours, depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 403,086. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion, 

quarterly, or annually, depending on 

activity. 

Total Estimated Annual Nonhour 

Burden Cost: None. 

Send your written comments and 

suggestions on this information 

collection by the date indicated in 

DATES to the Service Information 

Collection Clearance Officer, U.S. Fish 

and Wildlife Service, MS: PRB/PERMA 

(JAO), 5275 Leesburg Pike, Falls 

Church, VA 22041–3803 (mail); or by 

email to Info_Coll@fws.gov. Please 

reference OMB Control Number 1018– 

0100 in the subject line of your 

comments. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

This proposed rule is not anticipated 

to constitute a major Federal action 

significantly affecting the quality of the 

human environment. The Service has 

preliminarily determined that 

categorical exclusion 43 CFR 46.210(i) 


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95604 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

applies as the proposed regulation is of 

an administrative nature and no 

extraordinary circumstances in 43 CFR 

46.215 apply. Therefore, preparation of 

an environmental assessment or 

environmental impact statement 

associated with this proposed 

rulemaking action is not required. Once 

eligible applicants have available 

funding, they would submit project 

proposals for review and consideration 

and an assessment under the National 

Environmental Policy Act and 

appropriate compliance would be 

completed prior to awarding a grant. 

Effects on Energy Supply (E.O. 13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. This proposed 

rule is not a significant regulatory action 

under Executive Order 12866 or any 

successor order, and it would have no 

effect on energy supply, distribution, or 

use. A statement of energy effects is not 

required. 

Clarity of This Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), 12988 (section 

3(b)(1)(B)), and 13563 (section 1(a)), and 

by the Presidential Memorandum of 

June 1, 1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use common, everyday words and 

clear language rather than jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that you find unclear, which 

sections or sentences are too long, the 

sections where you feel lists or tables 

would be useful, etc. 

List of Subjects in 50 CFR Part 80 

Fish, Fishing, Grant programs— 

natural resources, Grant programs— 

recreation, Grants administration, 

Hunting, Licensing and Registration, 

Natural resources, Rates and fares, Real 

property acquisition, Recreation and 

recreation areas, Reporting and 

recordkeeping requirements, Signs and 

symbols, Wildlife. 

Proposed Regulation Promulgation 

■ For the reasons discussed in the 

preamble, the U.S. Fish and Wildlife 

Service proposes to revise 50 CFR part 

80 to read as follows: 

PART 80—ADMINISTRATIVE 

REQUIREMENTS, PITTMANROBERTSON WILDLIFE 

RESTORATION AND DINGELLJOHNSON SPORT FISH 

RESTORATION ACTS 

Subpart A—General 

Sec. 

80.1 What does this part do? 

80.2 What terms do I need to know? 

Subpart B—State Fish and Wildlife Agency 

Eligibility 

80.10 Who is eligible to receive the benefits 

of the Acts? 

80.11 How does a State become ineligible to 

receive the benefits of the Acts? 

80.12 Must a State fish and wildlife agency 

confirm that it wants to receive an 

annual apportionment of funds? 

Subpart C—License Revenue 

80.20 What does revenue from hunting and 

fishing licenses include? 

80.21 What if a State diverts license 

revenue from the control of its fish and 

wildlife agency? 

80.22 What must a State do to resolve a 

declaration of diversion? 

80.23 Does a declaration of diversion affect 

a previous Federal obligation of funds? 

Subpart D—Certifying License Holders 

80.30 Why must a State fish and wildlife 

agency certify the number of paid license 

holders? 

80.31 How does a State fish and wildlife 

agency certify the number of paid license 

holders? 

80.32 What is the certification period? 

80.33 How does a State fish and wildlife 

agency decide who to count as paid 

license holders in the annual 

certification? 

80.34 Must a State fish and wildlife agency 

receive a minimum amount of revenue 

for each year a license holder is 

certified? 

80.35 What additional options and 

requirements apply to multiyear 

licenses? 

80.36 May a State fish and wildlife agency 

count license holders in the annual 

certification if the agency receives funds 

from the State or other entity to cover the 

holders’ license fees? 

80.37 May the State fish and wildlife 

agency certify a license sold at a 

discount? 

80.38 May a State fish and wildlife agency 

certify a license when an entity other 

than the agency offers a discount on a 

license or offers a free license? 

80.39 What must a State fish and wildlife 

agency do if it becomes aware of errors 

in its certified license data? 

80.40 May the Service recalculate an 

apportionment if a State fish and wildlife 

agency submits revised data? 

80.41 May the Director correct a Service 

error in apportioning funds? 

Subpart E—Eligible Activities 

80.50 What activities are eligible for 

funding under the Wildlife Restoration 

Act? 

80.51 What activities are eligible for 

funding under the Sport Fish Restoration 

Act? 

80.52 What activities are eligible for 

funding under all programs and 

subprograms under the Acts? 

80.53 May an activity be eligible for 

funding if it is not explicitly eligible 

according to the regulations in this part? 

80.54 Are costs of State central services 

eligible for funding? 

80.55 What activities are ineligible for 

funding? 

80.56 May a State fish and wildlife agency 

receive an award to carry out part of a 

larger project? 

80.57 How does a proposed project qualify 

as substantial in character and design? 

80.58 What are public access requirements 

for activities in an approved award 

under the Wildlife Restoration or Sport 

Fish Restoration programs? 

Subpart F—Allocation of Funds by an 

Agency 

80.60 What is the relationship between the 

Traditional Wildlife Restoration 

Program, the Basic Hunter Education and 

Safety subprogram, and the Enhanced 

Hunter Education and Safety program for 

acquiring land for, expanding, or 

constructing public target ranges? 

80.61 What sources of funding in the 

Wildlife Restoration Act may a State fish 

and wildlife agency use to support 

public target range projects, and may 

funds from multiple sources be used in 

a single award? 

80.62 What are eligible and ineligible 90/ 

10/5 activities? 

80.63 What exception is provided for 

Enhanced Hunter Education and Safety 

program funds in relation to Basic 

Hunter Education and Safety subprogram 

funds? 

80.64 What requirements apply to funds for 

the Recreational Boating Access 

subprogram? 

80.65 What limitations apply to spending 

on the Aquatic Resource Education and 

the State Outreach and Communications 

subprograms? 

80.66 Must a State fish and wildlife agency 

allocate costs in multipurpose projects 

and facilities? 

80.67 How does a State fish and wildlife 

agency allocate costs to an award in 

multipurpose projects and facilities? 

80.68 Must a State fish and wildlife agency 

allocate funds between marine and 

freshwater fisheries projects? 

80.69 What requirements apply to 

allocation of funds between marine and 

freshwater fisheries projects? 

80.70 May a State fish and wildlife agency 

finance an activity from more than one 

annual apportionment? 


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80.71 What requirements apply to financing 

an activity from more than one annual 

apportionment? 

Subpart G—Applying for an Award 

80.80 How does a State fish and wildlife 

agency apply for an award? 

80.81 What must a State fish and wildlife 

agency submit when applying for a 

comprehensive-management-system 

award? 

80.82 What must a State fish and wildlife 

agency submit when applying for a 

project-by-project award? 

80.83 What is the Federal share of 

allowable costs? 

80.84 How does the Service establish the 

non-Federal share of allowable costs? 

80.85 What requirements apply to cost 

sharing? 

Subpart H—General Award Administration 

80.90 What are the recipient’s 

responsibilities? 

80.91 What is a Federal obligation of funds, 

and how does it occur? 

80.92 How long are funds available for a 

Federal obligation? 

80.93 When may a State fish and wildlife 

agency incur costs under an award? 

80.94 May a State fish and wildlife agency 

incur costs before the beginning of the 

period of performance? 

80.95 How does a State fish and wildlife 

agency receive Federal award funds? 

80.96 May a State fish and wildlife agency 

use Federal funds without using cost 

sharing? 

80.97 What is barter, and may a State fish 

and wildlife agency use barter of goods 

or services to carry out a grant-funded 

project? 

80.98 How must a State fish and wildlife 

agency include barter in an award and 

report barter transactions? 

80.99 Are symbols available to identify 

projects? 

80.100 Must a State fish and wildlife 

agency display one of the symbols set 

forth in this part on a completed project? 

Subpart I—Program Income 

80.120 What is program income? 

80.121 May a State fish and wildlife agency 

earn program income? 

80.122 May a State fish and wildlife agency 

deduct the costs of generating program 

income from gross income? 

80.123 How may a State fish and wildlife 

agency use program income? 

80.124 How may a State fish and wildlife 

agency use unexpended program 

income? 

80.125 How must a State fish and wildlife 

agency treat income that it earns after the 

period of performance? 

80.126 How must a State fish and wildlife 

agency treat income earned by a 

subrecipient after the period of 

performance? 

Subpart J—Real Property 

80.130 Must a State fish and wildlife 

agency hold title to real property 

acquired under an award? 

80.131 Must a State fish and wildlife 

agency hold an easement acquired under 

an award? 

80.132 Must a State fish and wildlife 

agency have control over the land or 

water where it completes capital 

improvements? 

80.133 Must a State fish and wildlife 

agency maintain acquired or completed 

capital improvements? 

80.134 How must a State fish and wildlife 

agency use real property? 

80.135 What if a State fish and wildlife 

agency allows a use of real property that 

interferes with its authorized purpose? 

80.136 Is it a diversion if a State fish and 

wildlife agency does not use real 

property acquired under an award for its 

authorized purpose? 

80.137 What if real property is no longer 

useful or needed for its original purpose? 

Subpart K—Revisions and Appeals 

80.150 How does a State fish and wildlife 

agency revise an award? 

80.151 May a State fish and wildlife agency 

appeal a decision? 

Subpart L—Information Collection 

80.160 What are the information collection 

requirements of this part? 

Authority: 16 U.S.C. 669 et seq., except for 

provisions specific to the Wildlife 

Conservation and Restoration program, and 

777–777m, except 777e–1 and g–1. 

Subpart A—General 

§ 80.1 What does this part do? 

This part of the Code of Federal 

Regulations tells States how they may: 

(a) Use revenues derived from State 

hunting and fishing licenses in 

compliance with the Acts. 

(b) Receive annual apportionments 

from the Federal Aid to Wildlife 

Restoration Fund (16 U.S.C. 669(b)), if 

authorized, and the Sport Fish 

Restoration and Boating Trust Fund (26 

U.S.C. 9504). 

(c) Receive Federal financial 

assistance awards for eligible activities 

under the Traditional Wildlife 

Restoration program, the Basic Hunter 

Education and Safety subprogram, and 

the Enhanced Hunter Education and 

Safety program, including those 

authorized for hunter recruitment and 

recreational shooter recruitment under 

16 U.S.C. 669c. 

(d) Receive Federal financial 

assistance awards for eligible activities 

under the Sport Fish Restoration 

program, the Recreational Boating 

Access subprogram, the Aquatic 

Resources Education subprogram, and 

the State Outreach and Communications 

subprogram. 

(e) Comply with the requirements of 

the Acts. 

§ 80.2 What terms do I need to know? 

The terms in this section pertain only 

to the regulations in this part. 

90/10/5 means activities authorized 

under Public Law 116–17 for acquiring 

land for, expanding, or constructing 

public target ranges that apply a 90 

percent Federal/10 percent non-Federal 

cost share and a 5-year period of 

availability for obligation. 

Acquisition of real property means 

taking ownership or control of a 

designated area of land or an interest in 

land by purchase, assignment, 

reversion, gift, eminent domain, or any 

other method consistent with State or 

Federal law. The purpose of the 

acquisition must be for an eligible 

activity to meet the objective of an 

award. 

Acts means the Pittman-Robertson 

Wildlife Restoration Act of September 2, 

1937 (Wildlife Restoration Act), as 

amended (16 U.S.C. 669 et seq., except 

for provisions specific to the Wildlife 

Conservation and Restoration program), 

and the Dingell-Johnson Sport Fish 

Restoration Act of August 9, 1950 (Sport 

Fish Restoration Act), as amended (16 

U.S.C. 777–777m, except 777e–1 and g– 

1). 

Allocate means the process by which 

States work with the Service to assign 

apportioned funds to a specific 

subaccount based on the eligible uses. 

Once allocated, the funding becomes 

available for obligation to Federal 

awards for eligible program activities. 

Allowable refers to those costs that 

meet the general criteria to be charged 

to a Federal financial assistance award 

and comply with the basic 

considerations at 2 CFR 200.402 through 

200.411, as well as the general 

principles for selected items of cost at 

2 CFR 200.420 through 200.476. 

Angler means a person who fishes for 

recreational purposes as permitted by 

State and/or Federal law. 

Apportioned funds are those that are 

made available to a State based on 

formulas in the Acts. Traditional 

Wildlife Restoration program funds are 

apportioned using the formula at 16 

U.S.C. 669c(b); Basic Hunter Education 

and Safety subprogram funds are 

apportioned using the formula at 16 

U.S.C. 669c(c); Enhanced Hunter 

Education and Safety program funds are 

apportioned using the formula at 16 

U.S.C. 669c(c) and according to the 

criteria at 16 U.S.C. 669h-1(a); and Sport 

Fish Restoration program funds are 

apportioned using the formula at 16 

U.S.C. 777c(c). 

Asset means all tangible and 

intangible real and personal property of 

monetary value. This includes ‘‘capital 

assets’’ as defined at 2 CFR 200.1, 


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95606 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

‘‘equipment’’ as defined at 2 CFR 200.1, 

and real property of any value. 

Award or grant has the same meaning 

as ‘‘Federal award’’ as defined at 2 CFR 

200.1. The regulations in this part use 

the terms ‘‘award’’ or ‘‘grant’’ for both a 

grant and a cooperative agreement for 

convenience of reference, and the use 

does not affect the legal distinction 

between the two instruments. An award 

includes all ‘‘project costs’’ as defined at 

2 CFR 200.1. We use the term ‘‘grant’’ 

when making references to programs 

(i.e., a grant program). 

Capital improvement or capital 

expenditure for improvement means: 

(1) A structure that costs at least 

$25,000 to build, acquire, or install; or 

the alteration or repair of a structure or 

the replacement of a structural 

component, if it increases the structure’s 

useful life by at least 10 years or its 

market value by at least $25,000. 

(2) A State fish and wildlife agency 

may use its own definition of ‘‘capital 

improvement’’ if the agency’s definition 

includes all capital improvements as 

defined here. 

Comprehensive management system 

(CMS) is a State fish and wildlife 

agency’s method of operations that links 

programs, financial systems, human 

resources, goals, products, and services. 

When using a CMS method of 

operations, a State fish and wildlife 

agency assesses the current, projected, 

and desired status of fish and wildlife; 

develops a strategic plan and carries it 

out through an operational planning 

process; and evaluates results. The 

planning period is at least 5 years using 

a minimum 15-year projection of the 

desires and needs of the State’s citizens. 

A CMS award funds all or part of a 

State’s CMS. For those States that 

employ a CMS method of operations, 

where we refer to a ‘‘project statement’’ 

in the regulations in this part, a CMS 

State might refer to activities as part of 

its ‘‘operational plan.’’ 

Construction means the act of 

building or significantly renovating, 

altering, or repairing a structure. 

Acquiring, clearing, and reshaping land 

and demolishing structures are types or 

phases of construction. Examples of 

structures are buildings, roads, parking 

lots, utility lines, fences, piers, wells, 

pump stations, ditches, dams, dikes, 

water-control structures, fish-hatchery 

raceways, and shooting ranges. For the 

purposes of 90/10/5 projects (acquiring 

land for, expanding, or constructing 

public target ranges), constructing 

means building a public target range 

(see §§ 80.60 and 80.62, 16 U.S.C. 

669g(b)(2) and 669h–1(b)(2)). 

Cost sharing has the same meaning as 

at 2 CFR 200.1. Cost sharing must meet 

the requirements at 2 CFR 200.306(b)(1) 

through (7) and §§ 80.83 through 80.85. 

Director has the same meaning as at 

50 CFR 1.4 and, for the purposes of this 

part, means: 

(1) The person whom the Secretary 

delegated to administer the Acts 

nationally; or 

(2) A deputy or another person 

authorized temporarily to administer 

the Acts nationally. 

Diversion means any use of revenue 

from hunting and fishing licenses for a 

purpose other than administration of the 

State fish and wildlife agency. 

Eligible refers to activities or actions 

for a Federal financial assistance 

program that are authorized by Congress 

through a statute or by Federal agency 

regulations to accomplish a public 

purpose under that program. 

Equipment has the same meaning as 

at 2 CFR 200.1. 

Expanding means, for the purposes of 

projects for acquiring land for, 

expanding, or constructing public target 

ranges (90/10/5), physical 

improvements to an existing public 

target range that add to the utility of the 

range in a manner that ultimately 

increases range capacity to 

accommodate more participants. 

Physical improvements do not 

necessarily have to increase the size of 

the facility but must result in an 

increase in physical usability that will 

accommodate more participants. 

Facility means the physical 

infrastructure and appurtenances 

necessary to support purposes under the 

Acts. The physical infrastructure 

includes land. 

Federal fiscal year (FFY) means the 

annual period the Federal Government 

uses for budgets and accounting, 

beginning October 1 and ending 

September 30. 

Fee interest means the right to 

possession, use, and enjoyment of a 

parcel of land or water for an indefinite 

period. A fee interest, as used in this 

part, may be the: 

(1) Fee simple or full-fee interest, 

which includes all possible interests or 

rights that a person or legal entity can 

hold in a parcel of real property (land 

or water); or 

(2) Fee with exceptions to title or lessthan-full-fee interest, which excludes 

one or more real property interests that 

would otherwise be part of the fee 

simple. 

Fiscal year, for the purposes of 

determining the number of paid 

hunting- or fishing-license holders in a 

State, means the State-determined (State 

fiscal year or license year) period that it 

identifies to certify license holders. 

Fish restoration and management 

project means the restoration and 

management of any species of fish that 

has material value in connection with 

sport or recreation (see Sport fish) in the 

marine and/or fresh waters of the 

United States. 

Hunter recruitment and recreational 

shooter recruitment means any activity 

or project to recruit or retain and, for the 

purposes of the regulations in this part, 

reactivate hunters and recreational 

shooters including by: 

(1) Outreach and communications as 

a means— 

(i) To improve communications with 

hunters, recreational shooters, and the 

public with respect to hunting and 

recreational shooting opportunities; 

(ii) To reduce barriers to participation 

in these activities; 

(iii) To advance the adoption of sound 

hunting and recreational shooting 

practices; 

(iv) To promote conservation and the 

responsible use of the wildlife resources 

of the United States; and 

(v) To further safety in hunting and 

recreational shooting. 

(2) Providing education, mentoring, 

and field demonstrations; 

(3) Enhancing access for hunting and 

recreational shooting, including through 

range construction; and 

(4) Providing education to the public 

about the role of hunting and 

recreational shooting in funding wildlife 

conservation. 

Law enforcement means enforcing 

laws, orders, and regulations. 

Lease means an agreement in which 

the owner of a fee interest transfers to 

a lessee the right of exclusive possession 

and use of an area of land or water for 

a fixed period, which may be renewable. 

The lessor cannot readily revoke the 

lease at their discretion. The lessee pays 

rent periodically or as a single payment. 

The lessor must be able to regain 

possession of the lessee’s interest 

(leasehold interest) at the end of the 

lease term. An agreement that does not 

correspond to this definition is not a 

lease even if it is labeled as one. 

Maintenance means keeping a facility 

or equipment in a condition to serve the 

intended purpose. It includes recurring, 

cyclical, or occasional actions to keep a 

facility or equipment fully functional 

that are less than the threshold for a 

capital improvement or capital 

expenditure for improvement. It does 

not include operations. Examples of 

maintenance activities include but are 

not limited to: 

(1) Routine upkeep for physical and 

mechanical parts of a facility; and 

(2) Replacing components of a facility 

or a piece of equipment that are 


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expected to need replacement during its 

useful life. 

Obligation has two meanings 

depending on the context: 

(1) When a recipient of Federal 

financial assistance commits funds by 

incurring costs for purposes of the 

award, the definition for ‘‘financial 

obligations’’ at 2 CFR 200.1 applies. 

(2) When the Service sets aside funds 

in an award for disbursement 

immediately or at a later date in the 

formula-based programs under the Acts, 

the definition at § 80.91 applies. 

Operations means supporting the 

availability of a facility and its 

components for current public or other 

intended use. Operations include 

necessary activities that occur 

frequently (daily, weekly, monthly). The 

term does not include maintenance. 

Operations may be divided into the 

categories of physical or administrative. 

Examples include but are not limited to: 

(1) Physical activities such as trash 

removal, portable toilet services, and 

utility costs; and 

(2) Administrative operations such as 

personnel costs to manage and keep a 

facility open. 

Period of performance has the same 

meaning as at 2 CFR 200.1. 

Personal property means anything 

tangible or intangible that is not real 

property. 

(1) Tangible personal property 

includes: 

(i) Objects, such as equipment and 

supplies, that are movable without 

substantive damage to the land or any 

structure to which they may be attached 

and not considered an inherent part of 

the land; 

(ii) Soil, rock, gravel, minerals, gas, 

oil, or water after excavation or 

extraction from the surface or 

subsurface; 

(iii) Commodities derived from trees 

or other vegetation after harvest or 

separation from the land; and 

(iv) Annual crops before or after 

harvest. 

(2) Intangible personal property has 

the same meaning as at 2 CFR 200.1 and 

includes: 

(i) Intellectual property, such as 

patents or copyrights; 

(ii) Securities, such as bonds and 

interest-bearing accounts; and 

(iii) Licenses, which are personal 

privileges (not a real property interest) 

granted by consent of a landowner, 

lessee, or tenant to use an area of land 

or water that would otherwise be 

trespass or another violation of law, 

with at least one of the following 

attributes: 

(A) Are revocable at the discretion of 

the entity consenting to the license; 

(B) Terminate when the area of land 

or water passes to another owner, the 

lease or tenancy ends, or the landowner, 

lessee, or tenant dies; or 

(C) Do not transfer a right of exclusive 

use and possession of an area of land or 

water. 

Project means one or more related 

undertakings in a project-by-project 

award that are necessary to fulfill a need 

or needs, as defined by a State fish and 

wildlife agency, consistent with the 

purposes of the appropriate Act. For 

convenience of reference in this part, 

the meaning of ‘‘project’’ includes an 

agency’s fish and wildlife program 

under a CMS award. 

Project-by-project award means an 

award of money based on a detailed 

statement of a project, or projects, and 

other supporting documentation. 

Public means of, relating to, or 

affecting all people in general. 

Public access means the public has 

opportunity, permission, and/or ability 

to enter, approach, pass to, from, and 

within, and appropriately use a place/ 

facility for an authorized purpose (see 

§ 80.58 for further requirements). 

Public target range, including mobile 

public target ranges and privately 

owned target ranges during those times 

when open for public use, means a 

specific location that— 

(1) Is identified by a governmental 

agency for recreational shooting; 

(2) Is open to the public; 

(3) May be supervised; and 

(4) May accommodate archery or rifle, 

pistol, or shotgun shooting. 

Public relations means those activities 

dedicated to maintaining the image of 

the non-Federal entity (recipient or 

subrecipient) or maintaining or 

promoting understanding and favorable 

relations with the community, public at 

large, or any segment of the public. This 

term could include communicating with 

the public about specific activities or 

accomplishments resulting from 

approved projects or communication 

and liaison necessary to keep the public 

informed on matters of public concern 

such as notices of funding 

opportunities. (See also ‘‘advertising 

and public relations’’ in 2 CFR part 

200). 

R3 means to recruit, retain, and/or 

reactivate members of the public to 

actively participate in the outdoor 

recreational activities of hunting, 

angling, boating, and recreational 

shooting. State fish and wildlife 

agencies and other involved partners 

may define R3 more broadly, but 

agencies must use funds under the Acts 

only for activities that are eligible under 

the regulations in this part. 

Real property means one, several, or 

all interests, benefits, and rights 

inherent in the ownership of a parcel of 

land or water. Examples of real property 

include fees, conservation easements, 

access easements, utility easements, and 

mineral rights. A leasehold interest is 

also real property except in those States 

where the State attorney general 

provides an official opinion that 

determines a lease is personal property 

under State law. 

(1) A parcel includes (unless limited 

by its legal description) the space above 

and below it and anything physically 

affixed to it by a natural process or 

human action. Examples include 

standing timber, other vegetation 

(except annual crops), buildings, roads, 

fences, and other structures. 

(2) A parcel may also have rights 

attached to it by a legally prescribed 

procedure. Examples include water 

rights or an access easement that allows 

the parcel’s owner to travel across an 

adjacent parcel. 

(3) The legal classification of an 

interest, benefit, or right depends on its 

attributes rather than the name assigned 

to it. For example, a grazing permit is 

often incorrectly labeled a lease, which 

can be real property, but most grazing 

permits are actually licenses, which are 

not real property. 

Recipient for the purposes of the 

regulations in this part means the 

entities eligible to receive 

apportionments under the Acts (see 

§ 80.10). 

Regional Director has the same 

meaning as at 50 CFR 1.7. This person’s 

responsibility does not extend to any 

administrative units that the Service’s 

Washington Office supervises directly 

in that geographic region. 

Secretary has the same meaning as at 

50 CFR 1.8. 

Service has the same meaning as at 50 

CFR 1.3. 

Sport fish means aquatic, gillbreathing, vertebrate animals with 

paired fins, having material value for 

recreation in the marine and fresh 

waters of the United States. 

State means any State of the United 

States, the Commonwealth of Puerto 

Rico, and the insular areas of the 

Commonwealth of the Northern Mariana 

Islands, the Territory of Guam, the 

Territory of the U.S. Virgin Islands, and 

the Territory of American Samoa. 

(1) ‘‘State’’ also includes the District 

of Columbia for purposes of the Sport 

Fish Restoration Act, the Sport Fish 

Restoration program, and its 

subprograms. ‘‘State’’ does not include 

the District of Columbia for purposes of 

the Wildlife Restoration Act and the 

programs and subprogram under the Act 


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because the Wildlife Restoration Act 

does not authorize funding for the 

District. 

(2) References to ‘‘the 50 States’’ 

apply only to the 50 States of the United 

States and do not include the 

Commonwealths of Puerto Rico and the 

Northern Mariana Islands, the District of 

Columbia, or the Territories of Guam, 

the U.S. Virgin Islands, and American 

Samoa. 

State fish and wildlife agency (or 

agency) means the administrative unit 

designated by State law or regulation to 

carry out State laws for management of 

fish and wildlife resources. If an agency 

has other jurisdictional responsibilities, 

the agency is considered the State fish 

and wildlife agency only when 

exercising responsibilities specific to 

management of the State’s fish and 

wildlife resources. 

Subaccount (and account) means the 

fiscal management designation used in 

the Service’s financial system to identify 

funds by program and subprogram 

allocation (see § 80.61 for a description 

of subaccounts and the financial 

system). Different subaccounts also 

distinguish between benefits to marine 

or freshwater fisheries in the programs 

and subprograms authorized by the 

Sport Fish Restoration Act. 

Subaward has the same meaning as at 

2 CFR 200.1 A subaward may serve as 

a third-party binding agreement where 

required. 

Subrecipient has the same meaning as 

at 2 CFR 200.1. 

Traditional Wildlife Restoration 

program, for the purposes of the 

regulations in this part and associated 

policies, means the activities that are 

funded under apportionments 

authorized at 16 U.S.C. 669c(b), which 

reflects the original program funded 

under the Wildlife Restoration Act of 

1937 (see eligible activities at 

§ 80.50(a)). We use this term for clarity 

when administering awards, as many 

eligible activities are specific to funding 

sources within the Act. 

Useful life means the period during 

which a federally funded capital 

improvement, capital asset, or 

equipment is capable of fulfilling its 

intended purpose with adequate routine 

maintenance. 

Wildlife means the indigenous or 

naturalized species of birds or mammals 

that are either: 

(1) Wild and free-ranging; 

(2) Held in a captive-breeding 

program established to reintroduce 

individuals of a depleted indigenous 

species into previously occupied range; 

or 

(3) Under the jurisdiction of a State 

fish and wildlife agency. 

Wildlife restoration project means the 

selection, restoration, rehabilitation, and 

improvement of areas of land or water 

adaptable as feeding, resting, or 

breeding places for wildlife, including 

acquisition of such areas or estates or 

interests therein as are suitable or 

capable of being made suitable therefor, 

and the construction thereon or therein 

of such works as may be necessary to 

make them available for such purposes 

and also including such research into 

problems of wildlife management as 

may be necessary to efficient 

administration affecting wildlife 

resources, and such preliminary or 

incidental costs and expenses as may be 

incurred in and about those projects. 

Subpart B—State Fish and Wildlife 

Agency Eligibility 

§ 80.10 Who is eligible to receive the 

benefits of the Acts? 

States acting through their fish and 

wildlife agencies are eligible for benefits 

of the Acts only if they pass and 

maintain legislation that: 

(a) Assents to the provisions of the 

Acts; 

(b) Ensures the conservation of fish 

and wildlife; and 

(c) Requires that revenue from 

hunting and fishing licenses be: 

(1) Controlled only by the State fish 

and wildlife agency; and 

(2) Used only for administration of the 

State fish and wildlife agency, which 

includes only the functions required to 

manage the agency and the fish- and 

wildlife-related resources for which the 

agency has authority under State law. 

§ 80.11 How does a State become 

ineligible to receive the benefits of the 

Acts? 

A State becomes ineligible to receive 

the benefits of the Acts if the State: 

(a) Fails materially to comply with 

any law, regulation, or terms and 

conditions of the Federal award as it 

relates to acceptance and use of funds 

under the Acts; 

(b) Does not have legislation required 

at § 80.10 or passes legislation contrary 

to the Acts; or 

(c) Diverts hunting and fishing license 

revenue from: 

(1) The control of the State fish and 

wildlife agency; or 

(2) Purposes other than the agency’s 

administration. 

§ 80.12 Must a State fish and wildlife 

agency confirm that it wants to receive an 

annual apportionment of funds? 

No. However, if a State fish and 

wildlife agency does not want to receive 

the annual apportionment of funds, it 

must notify the Service in writing 

within 60 days after receiving a 

preliminary certificate of 

apportionment. 

Subpart C—License Revenue 

§ 80.20 What does revenue from hunting 

and fishing licenses include? 

Hunting and fishing license revenue 

includes: 

(a) All proceeds from State-issued 

general or special hunting and fishing 

licenses, permits, stamps, tags, access 

and use fees, and other State charges to 

hunt or fish for recreational purposes. 

Revenue from licenses sold by vendors 

is net income to the State after 

deducting reasonable sales fees or 

similar amounts retained by vendors. 

(b) Real or personal property acquired 

with license revenue. 

(c) Income from the sale, lease, or 

rental of, granting rights to, or a fee for 

access to real or personal property 

acquired or constructed with license 

revenue. 

(d) Income from the sale, lease, or 

rental of, granting rights to, or a fee for 

access to a recreational opportunity, 

product, or commodity derived from 

real or personal property acquired, 

managed, maintained, or produced by 

using license revenue. 

(e) Interest, dividends, or other 

income earned on license revenue. 

(f) Reimbursements for expenditures 

originally paid with license revenue. 

(g) Payments received for services 

funded by license revenue. 

§ 80.21 What if a State diverts license 

revenue from the control of its fish and 

wildlife agency? 

The Director may declare a State to be 

in diversion if it violates the 

requirements of § 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. 

§ 80.22 What must a State do to resolve a 

declaration of diversion? 

The State must complete the actions 

in paragraphs (a) through (e) of this 

section to resolve a declaration of 

diversion. The State must use a source 

of funds other than license revenue to 

fund the replacement of license 

revenue. 

(a) If necessary, the State must enact 

adequate legislative prohibitions to 

prevent diversions of license revenue. 


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(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. 

§ 80.23 Does a declaration of diversion 

affect a previous Federal obligation of 

funds? 

No. Federal funds obligated before the 

date that the Director declares a 

diversion remain available for 

expenditure without regard to the 

intervening period of the State’s 

ineligibility. See § 80.91 for when a 

Federal obligation occurs. 

Subpart D—Certifying License Holders 

§ 80.30 Why must a State fish and wildlife 

agency certify the number of paid license 

holders? 

A State fish and wildlife agency must 

certify the number of individuals having 

paid licenses to hunt and paid licenses 

to fish because the Service uses these 

data in statutory formulas to apportion 

funds in the Wildlife Restoration and 

Sport Fish Restoration programs among 

the States. 

§ 80.31 How does a State fish and wildlife 

agency certify the number of paid license 

holders? 

(a) A State fish and wildlife agency 

certifies the number of paid license 

holders by responding to the Director’s 

annual request for the following 

information: 

(1) The number of individual paid 

hunting license holders in the State 

during the State-specified certification 

period (certification period); and 

(2) The number of individual paid 

fishing license holders in the State 

during the certification period. 

(b) The State fish and wildlife agency 

director or their designee: 

(1) Must certify the information 

described at paragraph (a) of this section 

in the format that the Director specifies; 

(2) Must provide documentation to 

support the accuracy of this information 

at the Director’s request; 

(3) Is responsible for eliminating 

multiple counting of the same 

individuals in the information that they 

certify and may use statistical sampling, 

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. 

§ 80.32 What is the certification period? 

A certification period must: 

(a) Be 12 consecutive months; 

(b) Correspond to the State’s fiscal 

year or license year; 

(c) Be consistent from year to year 

unless the Director approves a change; 

and 

(d) End at least 1 year and no more 

than 2 years before the beginning of the 

FFY in which the apportioned funds 

first become available for expenditure. 

§ 80.33 How does a State fish and wildlife 

agency decide who to count as paid license 

holders in the annual certification? 

(a) A State fish and wildlife agency 

must count only those individuals who 

have a license issued: 

(1) In the license holder’s name; or 

(2) With a unique identifier that is 

traceable to the license holder, who 

must be verifiable in State records. 

(b) An agency must count an 

individual in the annual certification: 

(1) Only once, and in the certification 

period in which the license first 

becomes valid, when holding a singleyear 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 animals or only to engage in 

commercial fishing or other commercial 

activities must not be counted. 

§ 80.34 Must a State fish and wildlife 

agency receive a minimum amount of 

revenue for each year a license holder is 

certified? 

(a) Yes. A State fish and wildlife 

agency must receive a minimum amount 

of gross revenue for each year a license 

holder is certified. 

(b) For the State fish and wildlife 

agency to certify a license holder, the 

agency must establish that it receives 

the following minimum gross revenue: 

(1) $2 for each year the license is 

certified, for either the privilege to hunt 

or the privilege to fish; or 

(2) $4 for each year the license is 

certified for a combination license that 

gives privileges to both hunt and fish. 


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§ 80.35 What additional options and 

requirements apply to multiyear licenses? 

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 situations: 

(1) All the requirements in paragraph 

(c) of this section are met. 

(2) The agency may count a multiyear 

license holder only once in any 

certification period (see § 80.33) when 

the license holder purchased another 

license with the same privilege within 

an allowable future certification period. 

(3) An agency must count the license 

holder only for the appropriate number 

of current or future certification periods. 

The provisions of § 80.34 are not 

retroactive to past certification periods. 

(4) For an illustration of the 

applications provided in this paragraph 

(e), see table 1 to paragraph (e): 

TABLE 1 TO PARAGRAPH (e)—SCENARIOS FOR COUNTING LICENSE HOLDERS UNDER THE REQUIREMENTS FOR GROSS

REVENUE AT § 80.34 

[For use in counting valid multiyear licenses sold prior to September 26, 2019] 

Scenario 1 Scenario 2 

An agency sold a single-privilege multiyear license, valid for 10 years, for $100 in 2014 (term of license 2014–2023) 

The agency spent the money and was able to count the license during 

only one certification period based on the regulations promulgated in 

2014.

The agency invested the funds into an annuity that produced enough 

income to allow the license holder to be counted in all certification 

periods since the date of the license sale. 

Applying the standard at § 80.34(b)(1) to the original license cost results in a potential for 50 certification periods ($100/$2 per year = 

50).

Applying the standard at § 80.34(b)(1) to the original license cost results in a potential for 50 certification periods ($100/$2 per year = 

50). 

After subtracting the 1 certification period that was already counted, 49 

potential certification periods remain.

After subtracting the 6 (2014–2019) certification periods already counted, 44 potential certification periods remain. 

Because the license is valid for only 10 years, and through 2023, under 

scenario 1 the agency could count the license holder only from 2019 

through the end of the term of the license (2023) or an additional five 

certification periods.

Because the license is valid for only 10 years, under scenario 2 the 

agency could count the license holder in an additional four (2020– 

2023) certification periods. 

§ 80.36 May a State fish and wildlife 

agency count license holders in the annual 

certification if the agency receives funds 

from the State or other entity to cover the 

holders’ license fees? 

If a State fish and wildlife agency 

receives funds from the State or other 

entity to cover fees for some license 

holders, the agency may count those 

license holders in the annual 

certification only under the following 

conditions: 

(a) The State funds to cover license 

fees must come from a source other than 

hunting- and fishing-license revenue. 

(b) The State must identify funds to 

cover license fees separately from other 

funds provided to the agency. 

(c) The State fish and wildlife agency 

must receive at least the average amount 

of State-provided discretionary funds 

that it received for the administration of 

the State’s fish and wildlife agency 

during the State’s 5 previous fiscal 

years. 

(1) State-provided discretionary funds 

are those from the State’s general fund 

that the State may increase or decrease 

if it chooses to do so. 

(2) Some State-provided funds are 

from special taxes, trust funds, gifts, 

bequests, or other sources specifically 

dedicated to the support of the State fish 

and wildlife agency. These funds 

typically fluctuate annually due to 

interest rates, sales, or other factors. 

They are not discretionary funds for 

purposes of this part as long as the State 

does not take any action to reduce the 

amount available to its fish and wildlife 

agency. 

(d) The State fish and wildlife agency 

must receive and account for the State 

or other entity funds as license revenue. 

(e) The State fish and wildlife agency 

must issue licenses in the license 

holder’s name or by using a unique 

identifier that is traceable to the license 

holder, who is verifiable in State 

records. 

(f) The license fees must meet all 

other requirements in this part. 

§ 80.37 May the State fish and wildlife 

agency certify a license sold at a discount? 

Yes. A State fish and wildlife agency 

may certify a license that is sold at a 

discount if the agency meets the rules 

for minimum gross revenue at § 80.34. 


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§ 80.38 May a State fish and wildlife 

agency certify a license when an entity 

other than the agency offers a discount on 

a license or offers a free license? 

A State fish and wildlife agency may 

certify a license when an entity other 

than the agency offers a license that 

costs less than the regulated price only 

if: 

(a) The license is issued to the 

individual according to the 

requirements at § 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. 

§ 80.39 What must a State fish and wildlife 

agency do if it becomes aware of errors in 

its certified license data? 

A State fish and wildlife agency must 

submit revised certified data on license 

holders within 90 days after it becomes 

aware of errors in its certified data. The 

State may become ineligible to 

participate in the benefits of the relevant 

Act if the State becomes aware of errors 

in its certified data and does not 

resubmit accurate certified data within 

90 days. 

§ 80.40 May the Service recalculate an 

apportionment if a State fish and wildlife 

agency submits revised data? 

The Service may recalculate an 

apportionment of funds based on 

revised certified license data under the 

following conditions: 

(a) If the Service receives revised 

certified data for a pending 

apportionment before the Director 

approves the final apportionment, the 

Service may recalculate the pending 

apportionment. 

(b) If the Service receives revised 

certified data for an apportionment after 

the Director has approved the final 

version of that apportionment, the 

Service may recalculate the 

apportionment only if it would not 

reduce funds to other State fish and 

wildlife agencies. 

§ 80.41 May the Director correct a Service 

error in apportioning funds? 

Yes. The Director may correct any 

error that the Service makes in 

apportioning funds. 

Subpart E—Eligible Activities 

§ 80.50 What activities are eligible for 

funding under the Wildlife Restoration Act? 

The following activities are eligible 

for funding in these programs and 

subprograms under the Wildlife 

Restoration Act: 

(a) Traditional Wildlife Restoration 

program. The following wildlife 

restoration projects and other associated 

activities are eligible for funding under 

apportionments authorized at 16 U.S.C. 

669c(b). 

(1) Restoring and managing wildlife 

for the benefit of the public. 

(2) Conducting research on the 

problems of managing wildlife and its 

habitat if necessary to administer 

wildlife resources efficiently. This 

research may include social science 

activities. 

(3) Obtaining data to guide and direct 

the regulation of hunting. 

(4) Acquiring real property suitable or 

capable of being made suitable for: 

(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). 

(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). 

(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. 

669c(b)) with Enhanced Hunter 

Education and Safety funds (16 U.S.C. 

669h–1). When Traditional Wildlife 

Restoration funds are committed to the 

Wildlife Restoration for Public Target 

Ranges 90/10/5 subaccount, they are no 

longer eligible for Traditional Wildlife 

Restoration activities. 

(8) Communicating with the public 

(see § 80.52(h)), including: 

(i) Outreach and sharing information 

on award activities, accomplishments, 

performance, or other communication 

related to meeting the objectives of an 

award; 

(ii) Providing the public with 

information on Wildlife Management 

Areas; public access for hunting or other 

wildlife-associated recreation; notices 

on safety, rule changes, and topics of 

interest to the public related to wildlife 

management; and other opportunities 

available to the public as a result of a 

Traditional Wildlife Restoration award; 

(iii) Liaising with the media or other 

venues to provide public information 

related to the objectives of an award; or 

(iv) Other forms of communication 

that support a State’s wildlife 

restoration and management objectives 

in an award. 

(9) Public relations, advertising as a 

form of outreach, and marketing that are 

associated with achieving eligible 

objectives require prior approval of the 

Service. These activities are allowable 

only when included in the approach of 

an approved award to accomplish 

eligible activities and meet award 

objectives. Communication that solely 

benefits the agency is unallowable 

public relations and is not eligible for 

funding under the Act. 

(b) Basic Hunter Education and Safety 

subprogram and Hunter Recruitment 

and Recreational Shooter Recruitment. 

(1) The following activities are eligible 

under the Basic Hunter Education and 

Safety subprogram for activities 

authorized at 16 U.S.C. 669g(b): 

(i) Teaching the skills, knowledge, 

and attitudes necessary to be a 

responsible hunter. 

(ii) Developing and improving access 

to public target ranges by: 

(A) Acquiring real property suitable or 

capable of being made suitable for 

public target ranges, including through 

licenses or third-party binding 

agreements that provide assurances for 

public access (see § 80.58). 

(B) Constructing, upgrading, or 

restoring public target ranges to a useful 

condition. 

(C) Operating or maintaining public 

target ranges. 

(D) Acquiring land for, expanding, or 

constructing public target ranges as 90/ 

10/5 projects following §§ 80.60 and 

80.62. 

(E) Constructing, operating, or 

maintaining educational facilities to 

support Hunter Education. 

(2) The following activities are 

eligible when directly supporting 

recruiting, retaining, or reactivating 

hunters or recreational shooters (R3), as 

authorized at 16 U.S.C. 669c(c)(4). 

(i) Communicating with hunters, 

recreational shooters, and the public 

about hunting and recreational shooting 

and associated opportunities by: 

(A) Promoting conservation and the 

responsible use of the wildlife resources 

of the United States as part of an effort 

to recruit, retain, or reactivate hunters or 

recreational shooters. 

(B) Promoting a State’s R3 program, 

special events, and opportunities. 

(C) Providing outreach on public 

target range availability, access, and 

locations. 


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(D) Marketing, publications, press 

releases, and media relations for content 

directly related to R3 activities. 

(ii) Interpreting, translating, printing, 

or disseminating published State 

hunting regulations to inform and 

educate the public about their 

responsibilities to comply with laws, 

orders, and regulations. 

(iii) Using a State fish and wildlife 

agency’s website, cell phone or software 

products, online support systems, or 

other appropriate communication tools 

to engage the public in activities 

supporting a State’s R3 efforts (see 

§ 80.55(c) for exclusions related to 

income-producing activities). 

(iv) Supporting the scope and impact 

of a State’s R3 program by: 

(A) Reducing barriers to hunting and 

recreational shooting opportunities; 

(B) Furthering safety in hunting and 

recreational shooting; 

(C) Providing education, mentoring, 

field demonstrations, and other similar 

opportunities to recruit, retain, or 

reactivate hunters or recreational 

shooters; 

(D) Constructing, operating, or 

maintaining educational facilities to the 

extent they support R3 activities; 

(E) Supporting programs for hunting 

or recreational shooting that have been 

developed or are delivered by other 

entities; and 

(F) Offering activities that support R3 

for youth and beginner hunters or 

recreational shooters, such as R3 camps 

and mentoring programs. 

(v) Constructing, operating, or 

maintaining public target ranges, 

including mobile public target ranges. 

(vi) Educating the public about the 

role of hunting and recreational 

shooting in funding wildlife 

conservation. 

(vii) Supplying services that support 

R3 activities, such as hunt guides, 

trainers for shooting, and celebrity 

endorsements. 

(viii) Acquiring supplies that enhance 

the experience and skills for hunters 

and recreational shooters. 

(ix) Engaging in other allowable 

activities that directly support 

recruiting, retaining, or reactivating 

hunters or recreational shooters. 

(c) Enhanced Hunter Education and 

Safety program. The following activities 

are eligible under Enhanced Hunter 

Education and Safety for activities 

authorized at 16 U.S.C. 669h–1: 

(1) Enhancing programs for hunter 

education, hunter development, and 

firearm and archery safety. Hunterdevelopment programs introduce 

individuals to and recruit them to take 

part in hunting, bow hunting, target 

shooting, or archery. 

(2) Enhancing interstate coordination 

and developing hunter-education and 

public target range programs. 

(3) Enhancing programs for education, 

safety, or development of firearm and 

bow hunters and recreational shooters. 

(4) Enhancing development, 

construction, upgrades, rehabilitation, 

and improved safety features at public 

target ranges. 

(5) Acquiring real property suitable or 

capable of being made suitable for 

public target ranges. 

(6) Enhancing operation and 

maintenance of public target ranges. 

(7) Enhancing access for hunting and 

recreational shooting opportunities. 

(8) Acquiring land for, expanding, or 

constructing public target ranges 

following the regulations at § 80.60. 

(9) Enhancing the hunter and 

recreational shooter R3 activities listed 

at paragraph (b)(2) of this section. 

§ 80.51 What activities are eligible for 

funding under the Sport Fish Restoration 

Act? 

The following activities are eligible 

for funding in these programs and 

subprograms under the Sport Fish 

Restoration Act: 

(a) Sport Fish Restoration program. 

The following fish restoration and 

management projects and other 

associated activities are eligible for 

funding under apportionments 

authorized at 16 U.S.C. 777c(c)(1). 

(1) Restoring and managing sport fish 

for the benefit of the public. 

(2) Conducting research on the 

problems of managing fish and their 

habitat and the problems of fish culture 

if necessary to administer sport fish 

resources efficiently. This research may 

include social science activities. 

(3) Obtaining data to guide and direct 

the regulation of fishing. These data 

may be on: 

(i) Size and geographic range of sport 

fish populations; 

(ii) Changes in sport fish populations 

due to fishing, other human activities, 

or natural causes; and 

(iii) Effects of any measures or 

regulations applied. 

(4) Developing and adopting plans to 

restock sport fish and forage fish in the 

natural areas or districts covered by the 

plans and obtain data to develop, carry 

out, and test the effectiveness of the 

plans. 

(5) Stocking fish for recreational 

purposes. 

(6) Acquiring real property suitable or 

capable of being made suitable for: 

(i) Sport fish habitat, as a buffer to 

protect that habitat, or sport fish 

management; 

(ii) Providing public access for sport 

fishing; or 

(iii) Supporting other eligible 

activities described under this 

paragraph (a). 

(7) Implementing fish restoration and 

management projects to restore, 

rehabilitate, improve, manage, or 

maintain: 

(i) Aquatic areas adaptable for sport 

fish habitat; or 

(ii) Land adaptable as a buffer to 

protect sport fish habitat. 

(8) Building structures or acquiring 

equipment, goods, and services for: 

(i) Restoring, rehabilitating, or 

improving aquatic habitat for sport fish 

or land as a buffer to protect aquatic 

habitat for sport fish; 

(ii) Supporting sport fish 

management; 

(iii) Providing public access for sport 

fishing; or 

(iv) Supporting other eligible 

activities described under this 

paragraph (a). 

(9) Constructing, renovating, 

operating, or maintaining pumpout and 

dump stations. A pumpout station is a 

facility that pumps or receives sewage 

from a type III marine sanitation device 

that the U.S. Coast Guard requires on 

some vessels. A dump station, also 

referred to as a ‘‘waste reception 

facility,’’ is specifically designed to 

receive waste from portable toilets on 

vessels. 

(10) Communicating with the public 

(see § 80.52(h)) to include: 

(i) Conducting outreach and sharing 

information on award activities, 

accomplishments, performance, or other 

communication related to meeting the 

objectives of an award; 

(ii) Providing the public with 

information on sport fish management 

areas; public access for fishing or other 

sport fish-associated recreation; notices 

on safety, rule changes, and topics of 

interest to the public related to sport 

fish management; and other 

opportunities available to the public as 

a result of a Sport Fish Restoration 

award; 

(iii) Liaising with the media or other 

venues to provide public information 

related to the objectives of an award; or 

(iv) Engaging in other forms of 

communication that support a State’s 

sport fish restoration and management 

objectives in an award. 

(11) Conducting public relations, 

advertising as a form of outreach, and 

marketing that are associated with 

achieving eligible objectives require 

prior approval of the Service. These 

activities are allowable only when 

included in the approach of an 

approved award to accomplish eligible 

activities and meet award objectives. 

Communication that solely benefits the 


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agency is unallowable public relations 

and is not eligible for funding under the 

Act. 

(b) Sport Fish Restoration— 

Recreational Boating Access 

subprogram. (1) Conducting projects 

and activities that may include those for 

motorized or nonmotorized vessels and 

users. 

(2) Acquiring real property, including 

water rights, suitable or capable of being 

made suitable for: 

(i) Building, renovating, or improving 

facilities to create or enhance public 

access to the waters of the United States; 

(ii) Improving the suitability of these 

waters for recreational boating; or (iii) 

Providing benefits for recreational 

boating. 

(3) Constructing a broad range of 

recreational boating access facilities that 

also may provide services or amenities 

to recreational boaters. ‘‘Facilities’’ 

includes auxiliary structures necessary 

to ensure safe use of recreational boating 

access facilities. 

(4) Conducting surveys to determine 

the adequacy, number, location, and 

quality of facilities providing access to 

recreational waters for all sizes of 

recreational boats. 

(5) Developing new, or redeveloping 

or expanding existing, boating access 

sites. 

(c) Sport Fish Restoration—Aquatic 

Resource Education subprogram. 

Enhancing the public’s understanding of 

water resources, aquatic life forms, and 

sport fishing, and developing 

responsible attitudes and ethics toward 

the aquatic environment. 

(d) Sport Fish Restoration—State 

Outreach and Communications 

subprogram. (1) Improving 

communications with anglers, boaters, 

and the public on sport fishing and 

boating opportunities. 

(2) Interpreting, translating, printing, 

or disseminating published State fishing 

regulations to inform and educate the 

public about their responsibilities to 

comply with laws, orders, and 

regulations. 

(3) Increasing participation in sport 

fishing and boating through R3 

programs and activities. 

(4) Advancing the adoption of sound 

fishing and boating practices including 

safety. 

(5) Promoting conservation and 

responsible use of the aquatic resources 

of the United States. 

§ 80.52 What activities are eligible for 

funding under all programs and 

subprograms under the Acts? 

The following activities, when 

supporting other eligible activities 

under a program or subprogram and 

costs are allocated to the appropriate 

funding source, are eligible for funding: 

(a) Conducting planning and 

compliance activities such as 

engineering, designing, surveying, 

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 nonFederal 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 

80.51(a)(10)). 

(i) Advertising (see 2 CFR 200.421) to 

hire personnel for eligible activities, for 

procuring goods or services for an 

eligible activity, or to inform the public 

or a target audience about events or 

opportunities that support purposes of 

the Acts. 

§ 80.53 May an activity be eligible for 

funding if it is not explicitly eligible 

according to the regulations in this part? 

Yes. An activity may be eligible for 

funding even if the regulations in this 

part do not explicitly designate it as an 

eligible activity if: 

(a) The State fish and wildlife agency 

justifies in the project statement how 

the activity will help carry out the 

purposes of the program or subprogram 

under the Wildlife Restoration Act or 

the Sport Fish Restoration Act; 

(b) The activities are allowable under 

2 CFR part 200; and 

(c) The Regional Director concurs 

with the justification. 

§ 80.54 Are costs of State central services 

eligible for funding? 

Yes. Administrative costs in the form 

of overhead or indirect costs for State 

central services outside of the State fish 

and wildlife agency are eligible for 

funding under the Acts and must follow 

an approved cost-allocation plan. These 

expenses must not exceed 3 percent of 

the funds apportioned annually to the 

State under the Acts. 

§ 80.55 What activities are ineligible for 

funding? 

The following activities are ineligible 

for funding under the Acts, except when 

necessary to carry out project purposes 

approved by the Regional Director: 

(a) Law enforcement activities (see 

definition at § 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. 


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(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). 

§ 80.56 May a State fish and wildlife 

agency receive an award to carry out part 

of a larger project? 

Yes. A State fish and wildlife agency 

may receive an award to carry out part 

of a larger project that uses funds 

unrelated to the award. The part of the 

larger project funded by the award must: 

(a) Result in an identifiable outcome 

consistent with the purposes of the 

grant program; 

(b) Be substantial in character and 

design (see § 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. 

§ 80.57 How does a proposed project 

qualify as substantial in character and 

design? 

A proposed project qualifies as 

substantial in character and design if it: 

(a) Describes a need consistent with 

the Acts; 

(b) States a purpose and sets 

objectives, both of which are based on 

the need; 

(c) Uses a planned approach, 

appropriate procedures, and accepted 

principles of fish and wildlife 

conservation and management, research, 

construction, wildlife- and fishassociated-recreation participation and 

access, communication, education, or 

other eligible purposes; and 

(d) Is cost effective. 

§ 80.58 What are public access 

requirements for activities in an approved 

award under the Wildlife Restoration or 

Sport Fish Restoration programs? 

(a) Public access is required for some 

eligible activities (see §§ 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. 

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? 

(a) The Target Practice and 

Marksmanship Training Support Act 

(Pub. L. 116–17, March 10, 2019) 

amended the Wildlife Restoration Act 

(16 U.S.C. 669 et seq.) to include 

activities for acquiring land for, 

expanding, or constructing public target 

ranges but does not authorize any new 

sources of funding. The law became 

effective for States beginning October 1, 

2019. 

(b) When a State fish and wildlife 

agency allocates funds to activities for 

acquiring land for, expanding, or 

constructing public target ranges under 

this law, it may apply a 90 percent 

Federal/10 percent non-Federal cost 

share and funds are available for 

obligation up to 5 years, beginning 

October 1 of the year the funds first 

become available. We abbreviate this 

funding method as ‘‘90/10/5.’’ 

(c) An agency may allocate annually 

apportioned funds for 90/10/5 activities 

from the Traditional Wildlife 

Restoration program (not to exceed 10 

percent), Basic Hunter Education and 

Safety subprogram (any amount from 0 

up to 100 percent), and/or Enhanced 

Hunter Education and Safety program 

(any amount from 0 up to 100 percent) 

to projects for acquiring land for, 

expanding, or constructing public target 

ranges. There is no requirement for 

States to allocate any amount of funds 

to 90/10/5 activities. 

(d) When using up to 10 percent of 

annually apportioned Traditional 

Wildlife Restoration program funds for 

90/10/5 activities, the funds must be 

allocated to the designated subaccount 

and must be used only for eligible 90/ 

10/5 purposes. Some amount of 

available Enhanced Hunter Education 

and Safety program funds, at least $1, 

must be combined with the Traditional 

Wildlife Restoration program funds 

allocated to 90/10/5 activities. 

(e) An agency must allocate funds to 

a 90/10/5 subaccount within the FFY 

that funds are first apportioned. Funds 

allocated to a 90/10/5 subaccount 

during a prior FFY must remain in that 

90/10/5 subaccount for obligation 

during the period of availability and 

until expended. 

(f) Acquiring land for, expanding, or 

constructing public target ranges may 

also be accomplished, in total or when 

combined with 90/10/5 funds, using 

funds under the Basic Hunter Education 

and Safety subprogram, the Enhanced 

Hunter Education and Safety program, 

or both, but the agency must apply cost 

share and period of availability 

according to table 1 to § 80.61. 

§ 80.61 What sources of funding in the 

Wildlife Restoration Act may a State fish 

and wildlife agency use to support public 

target range projects, and may funds from 

multiple sources be used in a single award? 

Table 1 to § 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 Wildlife and Sport Fish 

Restoration Program Office can provide 

technical assistance on best practices for 

allocating costs to multiple eligible 

funding sources. 


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TABLE 1 TO § 80.61 

[BHE = Basic Hunter Education and Safety subprogram; EHE = Enhanced Hunter Education and Safety program; TWR = Traditional Wildlife 

Restoration program] 

Program/subprogram Funding source; 

method 

Period 

available for 

obligation 

Cost share Conditions 

Eligible activities 

described in this 

part at: 

Options for Funding Public Target Ranges 

Traditional Wildlife Restoration 

program (Subaccount 5222).

16 U.S.C. 669c(b); 

apportioned.

2 years ...... 75 percent Federal/ 

25 percent nonFederal.

May use apportioned funds 

for maintenance activities at 

public target ranges owned 

or under the management 

control of the agency; may 

allocate to 90/10/5 projects 

as described for subaccount 5252.

§ 80.50(a). 

Traditional Wildlife Restoration 

program for Public Target 

Ranges (90/10/5) (Subaccount 5252).

16 U.S.C. 669c(b); 

allocated by an 

agency from 

TWR funds.

5 years ...... 90 percent Federal/ 

10 percent nonFederal.

May allocate up to 10 percent 

of TWR funds during the 

year apportioned to be 

combined with at least $1 

of EHE funds for acquiring 

land for, expanding, or constructing public target 

ranges.

§§ 80.50(a)(7) and 

80.60. 

Basic Hunter Education and 

Safety program for activities 

described at 16 U.S.C. 

669g(b) (Subaccount 5221).

16 U.S.C. 669c(c); 

apportioned.

2 years ...... 75 percent Federal/ 

25 percent nonFederal.

May allocate up to 100 percent of apportioned funds 

for acquiring land for, constructing, operation of, and 

maintenance for public target ranges; does not have 

to be part of a hunter education program.

§ 80.50(b)(1). 

Activities for hunter recruitment and recreational 

shooter recruitment as described at 16 U.S.C. 

669c(c)(4) (Subaccount 

5221).

16 U.S.C. 669c(c); 

assigned by an 

agency from BHE 

funds.

2 years ...... 75 percent Federal/ 

25 percent nonFederal.

May be used for constructing 

public target ranges or 

other eligible public target 

range activities that directly 

support R3.

§ 80.50(b)(2). 

Basic Hunter Education and 

Safety subprogram for Public Target Ranges (90/10/5) 

(Subaccount 5251).

16 U.S.C. 669c(c); 

allocated by an 

agency from BHE 

funds.

5 years ...... 90 percent Federal/ 

10 percent nonFederal.

May allocate up to 100 percent of apportioned funds 

for acquiring land for, expanding, or constructing a 

public target range.

§§ 80.50(b)(1)(ii)(E) 

and 80.60. 

Enhanced Hunter Education 

and Safety program (Subaccount 5231).

16 U.S.C. 669h–1; 

apportioned.

1 year ........ 75 percent Federal/ 

25 percent nonFederal.

May allocate up to 100 percent of apportioned funds 

for acquiring land for, constructing, developing, or improving safety features at 

public target ranges.

§ 80.50(c). 

Enhanced Hunter Education 

and Safety program for 

Public Target Ranges (90/ 

10/5) (Subaccount 5241).

16 U.S.C. 669h–1; 

allocated by an 

agency from EHE 

funds.

5 years ...... 90 percent Federal/ 

10 percent nonFederal.

May allocate up to 100 percent of apportioned funds 

for acquiring land for, expanding, or constructing a 

public target range.

§§ 80.50(c)(9) and 

80.60. 

§ 80.62 What are eligible and ineligible 90/ 

10/5 activities? 

(a) The following are eligible 90/10/5 

activities: 

(1) Acquiring real property suitable or 

capable of being made suitable for 

constructing or expanding public target 

ranges (see subpart J of this part). 

(2) Acquiring title to real property 

with an existing target range when the 

acquisition will increase public access 

or includes construction or expansion 

activities on the existing target range. 

(3) Constructing a public target range 

on land owned or under management 

control of the State fish and wildlife 

agency. Construction may occur on land 

when title is held by a third party 

provided the agency holds a lease or 

other third-party binding agreement 

under State law that ensures the terms 

and conditions of the award will be met. 

(4) Constructing or acquiring a mobile 

public target range. 

(5) Expanding the physical footprint 

or configuration of an existing public 

target range in a manner that increases 

range capacity to accommodate more 

participants, provides additional range 

activities or functions, or physically 

modifies to accommodate all 

participants, regardless of ability. 

Examples include adding more lanes at 

a range, adding structures that provide 

access that is compliant with the 

Americans With Disabilities Act (42 

U.S.C. 12101 et seq.), and expanding the 

facility to provide new opportunities 

that did not exist before, such as adding 

an archery range to a former firearmonly facility. 

(6) Coordinating 90/10/5 awards that 

directly support acquiring land for, 

constructing, or expanding public target 

ranges through necessary activities that 


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address planning, compliance, 

appraisals, engineering, and 

administering a project. 

(7) Auxiliary activities and amenities 

that support the primary project and are 

necessary to the public’s ability to fully 

utilize the public target range. Examples 

include public restrooms, storage 

facilities, protective bunkers and 

barriers, signs and markers, roads and 

parking areas, and utilities. 

(8) Improvements may be approved if 

they are needed to prevent a public 

target range facility from becoming 

inoperable or suffering from significant 

diminished capacity. Consult with your 

Regional Wildlife and Sport Fish 

Restoration Program Office. 

(9) Constructing or expanding public 

target range projects on federally owned 

land. 

(b) The following are ineligible 90/10/ 

5 activities: 

(1) Operations at a public target range. 

(2) Maintenance at a public target 

range, unless necessary for completing a 

project for constructing or expanding a 

public target range. 

(3) Construction that is not to build a 

new or expand an existing public target 

range. This includes auxiliary activities 

and amenities not associated with an 

approved new or expansion project. 

(4) Long-term monitoring of a public 

target range facility. 

(5) Activities that do not provide or 

support new or increased physical 

capacity for public target ranges. 

§ 80.63 What exception is provided for 

Enhanced Hunter Education and Safety 

program funds in relation to Basic Hunter 

Education and Safety program funds? 

(a) If Basic Hunter Education and 

Safety program funds are fully obligated 

for activities listed at § 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. 

§ 80.64 What requirements apply to funds 

for the Recreational Boating Access 

subprogram? 

The requirements of this section 

apply to allocating and obligating funds 

for the Recreational Boating Access 

subprogram. 

(a) A State fish and wildlife agency 

must allocate funds from annual 

apportionments under the Sport Fish 

Restoration Act for use in the 

subprogram. 

(b) Over each 5-year period, the total 

allocation for the subprogram in each of 

the Service’s geographic regions must 

average at least 15 percent of the Sport 

Fish Restoration funds apportioned to 

the States in that Region. If this 

requirement is met, an individual State 

fish and wildlife agency may allocate 

more or less than 15 percent of its 

annual apportionment. 

(c) The Regional Director calculates 

regional allocation averages for separate 

5-year periods that coincide with FFYs 

2023–2027, 2028–2032, 2033–2037, and 

each subsequent 5-year period. 

(d) If the total regional allocation for 

a 5-year period is less than 15 percent, 

the State agencies may, in a 

memorandum of understanding, agree 

among themselves which of them will 

make the additional allocations to 

eliminate the regional shortfall. 

(e) The regulations in this paragraph 

(e) apply if State fish and wildlife 

agencies in a Service region do not agree 

on which of them will make additional 

allocations to bring the average regional 

allocation to at least 15 percent over a 

5-year period. If the agencies do not 

agree: 

(1) The Regional Director may require 

States in the region to make changes 

needed to achieve the minimum 15- 

percent regional average before the end 

of the fifth year; and 

(2) The Regional Director must not 

require a State to increase or decrease its 

allocation if the State has allocated at 

least 15 percent over the 5-year period. 

(f) A Federal obligation of these 

allocated funds must occur by the end 

of the fourth consecutive FFY after the 

FFY in which the funds first became 

available for allocation. 

(g) If the agency’s application to use 

these funds has not led to a Federal 

obligation by that time, these allocated 

funds become available for 

reapportionment among the State fish 

and wildlife agencies for the following 

FFY. 

§ 80.65 What limitations apply to spending 

on the Aquatic Resource Education and the 

State Outreach and Communications 

subprograms? 

The limitations in this section apply 

to State fish and wildlife agency 

spending on the Aquatic Resource 

Education and State Outreach and 

Communications subprograms. 

(a) Each State’s fish and wildlife 

agency may spend a maximum of 15 

percent of the annual amount 

apportioned to the State from the Sport 

Fish Restoration and Boating Trust 

Fund for activities in both subprograms. 

The 15-percent maximum applies to 

both subprograms as if they were one. 

(b) The 15-percent maximum for the 

subprograms does not apply to the 

Commonwealths of Puerto Rico and the 

Northern Mariana Islands, the District of 

Columbia, and the Territories of Guam, 

the U.S. Virgin Islands, and American 

Samoa. These jurisdictions may spend 

more than 15 percent of their annual 

apportionments for both subprograms 

with the approval of the Regional 

Director. 

§ 80.66 Must a State fish and wildlife 

agency allocate costs in multipurpose 

projects and facilities? 

(a) Yes. A State fish and wildlife 

agency must allocate costs in 

multipurpose projects and facilities. A 

grant-funded project or facility is 

multipurpose if it carries out the 

purposes of: 

(1) A single grant program under the 

Acts; and 

(2) Another grant program, 

subprogram, a different funding source 

under the Acts, a grant program not 

under the Acts, or an activity unrelated 

to awards. 

(b) An agency may describe activities 

in the project statement that are 

ineligible under the Act and must 

clearly show that the ineligible activities 

are not being funded under the award. 

§ 80.67 How does a State fish and wildlife 

agency allocate costs to an award in 

multipurpose projects and facilities? 

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. 

§ 80.68 Must a State fish and wildlife 

agency allocate funds between marine and 

freshwater fisheries projects? 

Yes. Each coastal State’s fish and 

wildlife agency must equitably allocate 

the funds apportioned under the Sport 

Fish Restoration Act between projects 

with benefits for marine fisheries and 

projects with benefits for freshwater 

fisheries. 

(a) The subprograms authorized by 

the Sport Fish Restoration Act do not 

have to allocate funding in the same 

manner if the State fish and wildlife 

agency allocates Sport Fish Restoration 


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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. 

§ 80.69 What requirements apply to 

allocation of funds between marine and 

freshwater fisheries projects? 

The requirements of this section 

apply to allocation of funds between 

marine and freshwater fisheries projects. 

(a) When a State fish and wildlife 

agency allocates funds, it must meet the 

following requirements: 

(1) The ratio of total funds allocated 

for marine fisheries projects to total 

funds allocated for marine and 

freshwater fisheries projects combined 

must equal the ratio of resident marine 

anglers to the total number of resident 

anglers in the State; and 

(2) The ratio of total funds allocated 

for freshwater fisheries projects to total 

funds allocated for marine and 

freshwater fisheries projects combined 

must equal the ratio of resident 

freshwater anglers to the total number of 

resident anglers in the State. 

(b) A resident angler is one who fishes 

for recreational purposes in the same 

State where that person maintains legal 

residence. 

(c) Agencies must determine the 

relative distribution of resident anglers 

in the State between those who fish in 

marine environments and those who 

fish in freshwater environments. 

Agencies must use the National Survey 

of Fishing, Hunting, and WildlifeAssociated Recreation, or another 

statistically reliable survey or technique 

approved by the Regional Director, for 

this purpose. 

(d) If an agency uses statistical 

sampling to determine the relative 

distribution of resident anglers in the 

State between those who fish in marine 

environments and those who fish in 

freshwater environments, the sampling 

must be complete by the earlier of the 

following: 

(1) Five years after the last statistical 

sample; or 

(2) Before completing the first 

certification following any change in the 

licensing system that could affect the 

number of sportfishing license holders. 

(e) The amounts allocated from each 

year’s apportionment do not necessarily 

have to result in an equitable allocation 

for each year. However, the amounts 

allocated over a variable period, not to 

exceed 3 years, must result in an 

equitable allocation between marine and 

freshwater fisheries projects. 

(f) Agencies that fail to allocate funds 

equitably between marine and 

freshwater fisheries projects may 

become ineligible to use Sport Fish 

Restoration program funds. These 

agencies must remain ineligible until 

corrective action is taken and the funds 

have been allocated equitably. 

§ 80.70 May a State fish and wildlife 

agency finance an activity from more than 

one annual apportionment? 

A State fish and wildlife agency may 

use funds from more than one annual 

apportionment to finance projects, such 

as construction or acquisition of lands 

or interests in lands, including water 

rights. An agency may use funds in this 

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 nonFederal 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. 

§ 80.71 What requirements apply to 

financing an activity from more than one 

annual apportionment? 

The following conditions apply to 

financing an activity from more than 

one annual apportionment: 

(a) A State fish and wildlife agency 

must agree to complete the project even 

if Federal funds are not available. If an 

agency does not complete the project, 

the agency must recover any expended 

Federal funds that did not result in 

commensurate wildlife or sport-fishery 

benefits. The agency must then 

reallocate the recovered funds to 

approved projects in the same program. 

(b) The project statement included 

with the application must have a 

complete schedule of payments to finish 

the project. 

(c) Interest and other financing costs 

may be allowable subject to the 

restrictions in the applicable Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards (2 CFR part 200). 

Subpart G—Applying for an Award 

§ 80.80 How does a State fish and wildlife 

agency apply for an award? 

(a) A State fish and wildlife agency 

applies for an award by following the 

directions in the annual funding 

announcement available on the 

electronic Federal financial assistance 

grants management system. 

(b) The director of the State agency or 

their designee must authorize 

submission of all requests for Federal 

financial assistance under the Acts. 

(c) If the State supports the process 

under Executive Order 12372, 

Intergovernmental Review of Federal 

Programs, the agency must follow its 

processes for sending copies of all 

standard forms and supporting 

information to the State Clearinghouse 

or Single Point of Contact. 

§ 80.81 What must a State fish and wildlife 

agency submit when applying for a 

comprehensive-management-system 

award? 

A State fish and wildlife agency must 

submit the following documents when 

applying for a comprehensivemanagement-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. 


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95618 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

§ 80.82 What must a State fish and wildlife 

agency submit when applying for a projectby-project award? 

A State fish and wildlife agency must 

submit the following documents when 

applying for a project-by-project award: 

(a) The standard form for an 

application for Federal assistance in a 

mandatory grant program. 

(b) A project statement that describes 

each proposed project and provides the 

following information: 

(1) Need. Explain why the project is 

necessary and how it fulfills the 

purposes of the relevant Act. 

(2) Purpose. State the purpose and 

base it on the need. The purpose states 

the desired outcome of the proposed 

project in general or abstract terms. 

(3) Objectives. State the objectives and 

base them on an identified need(s). The 

objectives state the desired outcome of 

the proposed project in terms that are 

specific and quantified. 

(4) Results. Describe the results or 

benefits expected. 

(5) Approach. Describe the methods 

used to achieve the stated objectives. 

(6) Useful life. Propose a useful life for 

each capital improvement and reference 

the method used to determine the useful 

life of a capital improvement with a 

value greater than $100,000. 

(7) Geographic location. Describe the 

geographic location(s) where activities 

will occur. Maps or other geographic 

aids are encouraged and may be 

attached. Include geographic 

coordinates in decimal degrees, if 

relevant and available. 

(8) Principal investigator for research 

projects. Record the principal 

investigator’s name, work address, and 

work telephone number. 

(9) Program income. (i) Estimate the 

amount of program income that the 

project is likely to generate. 

(ii) Indicate the method or 

combination of methods (deduction, 

addition, or cost sharing) of applying 

program income to Federal and nonFederal outlays. 

(iii) Request the Regional Director’s 

approval for the additive or cost-sharing 

method. Describe how the agency 

proposes to use the program income and 

the expected results. Describe the 

essential need when using program 

income as cost sharing. 

(iv) Indicate whether the agency 

wants to treat income that it earns after 

the period of performance as either 

license revenue or additional funding 

for purposes consistent with the award 

terms and conditions or program 

regulations. 

(v) Indicate whether the agency wants 

to treat income that the subrecipient 

earns after the period of performance as 

license revenue, additional funding for 

the purposes consistent with the award 

or subprogram, or income subject only 

to the terms of the subaward agreement. 

(10) Budget narrative. (i) Provide costs 

by project and subaccount with 

additional information sufficient to 

show that the project is cost effective. 

Agencies may obtain the subaccount 

numbers from the Regional Wildlife and 

Sport Fish Restoration Program Office. 

(ii) Describe any item that requires the 

Service’s approval and estimate its cost. 

Examples are pre-award costs, capital 

improvements or expenditures, real 

property acquisitions, or equipment 

purchases. 

(iii) Include a schedule of payments to 

finish the project if an agency proposes 

to use funds from two or more annual 

apportionments. 

(11) Multipurpose projects. Describe 

the method for allocating costs in 

multipurpose projects and facilities as 

described in §§ 80.66 and 80.67. 

(12) Relationship with other awards. 

Describe any relationship between this 

project and other work funded by 

Federal awards that is planned, 

anticipated, or under way. 

(13) Timeline. Describe significant 

milestones in completing the project 

and any accomplishments to date. 

(14) General. Provide information in 

the project statement that: 

(i) Shows that the proposed activities 

are eligible for funding and substantial 

in character and design; and 

(ii) Enables the Service to comply 

with the applicable requirements of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 and 4331–4347), 

the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.), the National 

Historic Preservation Act (16 U.S.C. 

470s), and other laws, regulations, and 

policies. 

§ 80.83 What is the Federal share of 

allowable costs? 

(a) Except as provided at paragraphs 

(e) and (f) of this section, the Regional 

Director must provide at least 10 

percent and no more than 75 percent of 

the allowable costs of a grant-funded 

project to the fish and wildlife agencies 

of the 50 States. The Regional Director 

generally approves any Federal share 

from 10 to 75 percent as proposed by 1 

of the 50 States if the: 

(1) Funds are available; and 

(2) Application is complete and 

consistent with laws, regulations, and 

policies. 

(b) The Regional Director may provide 

funds to the District of Columbia to pay 

75 to 100 percent of the allowable costs 

of a grant-funded project in a program 

or subprogram authorized by the Sport 

Fish Restoration Act. The decision on 

the specific Federal share between 75 

and 100 percent will be based on what 

the Regional Director decides is fair, 

just, and equitable. The Regional 

Director may reduce the Federal share to 

less than 75 percent of allowable project 

costs only if the District of Columbia 

provides voluntary committed cost 

sharing to pay the remaining allowable 

costs. However, the Regional Director 

must not reduce the Federal share below 

10 percent unless the procedure set 

forth at paragraph (e) of this section is 

followed. 

(c) The Regional Director may provide 

funds to pay 75 to 100 percent of the 

allowable costs of a grant-funded project 

to the fish and wildlife agency of the 

Commonwealth of Puerto Rico. The 

decision on the specific Federal share 

between 75 and 100 percent will be 

based on what the Regional Director 

decides is fair, just, and equitable. The 

Regional Director may reduce the 

Federal share to less than 75 percent of 

allowable project costs only if the 

Commonwealth voluntarily provides 

cost sharing to pay the remaining 

allowable costs. However, the Regional 

Director must not reduce the Federal 

share below 10 percent unless the 

procedure set forth at paragraph (e) of 

this section is followed. 

(d) The Regional Director must 

provide funds to pay 100 percent of the 

allowable costs of a grant-funded project 

to a fish and wildlife agency of the 

Commonwealth of the Northern Mariana 

Islands and the Territories of Guam, the 

U.S. Virgin Islands, and American 

Samoa. The Service is required to waive 

all cost sharing requirements for these 

insular areas. 

(e) The Regional Director may waive 

the 10-percent minimum Federal share 

of allowable costs if the State, District of 

Columbia, Commonwealth, or territory 

requests a waiver and provides 

compelling reasons to justify why it is 

necessary for the Federal Government to 

fund less than 10 percent of the 

allowable costs of a project. 

(f) The Regional Director must 

provide no more than 90 percent of the 

allowable costs of a project to a State, 

the Commonwealth of Puerto Rico, or 

the District of Columbia for the 

purposes of acquiring land for, 

expanding, or constructing a public 

target range when the agency identifies 

a project that meets the criteria for 90/ 

10/5 activities. 

§ 80.84 How does the Service establish the 

non-Federal share of allowable costs? 

(a) To establish the non-Federal share 

of a grant-funded project for the 50 

States, the Regional Director approves 


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an application for Federal assistance in 

which the State fish and wildlife agency 

proposes the specific non-Federal share 

by estimating the Federal and costsharing 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 nonFederal 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 nonFederal cost sharing requirements (see 

48 U.S.C. 1469a). 

§ 80.85 What requirements apply to cost 

sharing? 

(a) The requirements that apply to 

cost sharing are at 2 CFR 200.306. 

(b) The State fish and wildlife agency 

must fulfill cost sharing requirements at 

the: 

(1) Award level if the award has funds 

from a single subaccount; or 

(2) Subaccount level if the award has 

funds from more than one subaccount. 

Subpart H—General Award 

Administration 

§ 80.90 What are the recipient’s 

responsibilities? 

A State fish and wildlife agency as a 

recipient is responsible for all the 

actions required by this section: 

(a) Complying with all applicable 

Federal, State, and local laws and 

regulations. 

(b) Supervising and administering the 

award to ensure that the work follows 

the terms and conditions of the award, 

including: 

(1) Properly and effectively using 

funds; 

(2) Maintaining accurate records; 

(3) Submitting complete and accurate 

Federal financial reports and 

performance reports, using the Federal 

electronic system(s) designated by the 

Service, by the due dates in the terms 

and conditions of the award; and 

(4) Regularly inspecting and 

monitoring work in progress. 

(c) Selecting and supervising 

personnel to ensure that: 

(1) Adequate and competent 

personnel are available to complete the 

grant-funded work on schedule; and 

(2) Project personnel meet time 

schedules, accomplish the proposed 

work, meet objectives, and submit the 

required reports. 

(d) Settling all procurement-related 

contractual and administrative issues. 

(e) Giving reasonable access to work 

sites and records to employees and 

contractual auditors of the Service, the 

Department of the Interior, and the 

Comptroller General of the United 

States. 

(1) Access is for the purpose of: 

(i) Monitoring progress, conducting 

audits, or other reviews of grant-funded 

projects; and 

(ii) Monitoring the use of license 

revenue. 

(2) Regulations on the uniform 

administrative requirements for awards 

issued by the Department of the Interior 

describe the records that are subject to 

these access requirements (see 2 CFR 

part 1402). 

(3) The closeout of an award does not 

affect the recipient’s responsibilities 

described in this section. 

(f) Controlling all assets acquired 

under the award to ensure that they 

serve the purpose for which acquired 

throughout their useful life. 

§ 80.91 What is a Federal obligation of 

funds, and how does it occur? 

An obligation of funds is a legal 

liability to disburse funds immediately 

or later based on a series of actions. All 

these actions must occur to obligate 

funds for the formula-based grant 

programs authorized by the Acts: 

(a) The Service sends to a State fish 

and wildlife agency an annual 

certificate of apportionment, which tells 

the agency how much funding is 

available according to formulas in the 

Acts. 

(b) The agency sends the Regional 

Director an application for Federal 

assistance to use the funds available to 

the agency under the Acts and commits 

to provide the required cost sharing to 

carry out projects that are substantial in 

character and design. 

(c) The Regional Director notifies the 

agency that the application for Federal 

assistance is approved and states the 

terms and conditions of the award. 

(d) The agency accepts the terms and 

conditions of the award in one of the 

following ways: 

(1) Starts work on the grant-funded 

project by placing an order, entering 

into a contract, entering into a 

subaward, receiving goods or services, 

or otherwise incurring allowable costs 

during the period of performance that 

will require payment immediately or in 

the future; 

(2) Draws down funds for an 

allowable activity under the award; or 

(3) Accepts the award via electronic 

means. 

§ 80.92 How long are funds available for a 

Federal obligation? 

Funds are available for a Federal 

obligation starting October 1 of the FFY 

in which they are apportioned and for 

the number of years indicated in table 

1 to § 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 

Program/subprogram Period of availability 

for obligation 

Disbursement of unobligated funds at the end of the period 

of availability for obligation 

WILDLIFE RESTORATION ACT 

Enhanced Hunter Education and Safety program.1 FFY .......................... Reapportioned the following year only to States that have fully obligated the current year’s Basic Hunter Education and Safety program funds to activities at 16 U.S.C. 669g(b) (see §§ 80.50(b) and 

80.63). 

Traditional Wildlife Restoration program ........... 2 FFYs ........................ Made available to the Secretary for carrying out the provisions of the 

Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); hereafter 

referred to as ‘‘migratory bird conservation’’ (see 16 U.S.C. 

669b(a)(1)). 

Basic Hunter Education and Safety subprogram.2 FFYs ........................ Migratory bird conservation. 


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95620 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

TABLE 1 TO § 80.92—Continued 

Program/subprogram Period of availability 

for obligation 

Disbursement of unobligated funds at the end of the period 

of availability for obligation 

Basic Hunter Education and Safety subprogram for R3 activities at 16 U.S.C. 

669c(c)(4).

2 FFYs ........................ Migratory bird conservation. 

Traditional Wildlife Restoration program for 

public target ranges (90/10/5).

5 FFYs ........................ Migratory bird conservation. 

Basic Hunter Education and Safety subprogram for public target ranges (90/10/5).5 FFYs ........................ Migratory bird conservation. 

Enhanced Hunter Education and Safety program for public target ranges (90/10/5).5 FFYs ........................ Reapportioned the following year only to States that have fully obligated the current year’s Basic Hunter Education and Safety funds 

to activities at 16 U.S.C. 669g(b) (see §§ 80.50(b) and 80.63). 

SPORT FISH RESTORATION ACT 

Sport Fish Restoration program ........................ 2 FFYs ........................ Available for expenditure by the Secretary of the Interior to supplement the Sport Fish Restoration apportionment, as provided for in 

16 U.S.C. 777c(c), the following year. 

Aquatic Resource Education program .............. 2 FFYs ........................ Same as apportioned Sport Fish Restoration funds.

State Outreach and Communications program 2 FFYs ........................ Same as apportioned Sport Fish Restoration funds. 

Recreational Boating Access subprogram ........ 5 FFYs ........................ Same as apportioned Sport Fish Restoration funds. 

§ 80.93 When may a State fish and wildlife 

agency incur costs under an award? 

A State fish and wildlife agency may 

incur costs under an award from the 

effective date of the period of 

performance to the end of the period of 

performance except for pre-award costs 

that meet the conditions in § 80.94. 

§ 80.94 May a State fish and wildlife 

agency incur costs before the beginning of 

the period of performance? 

(a) A State fish and wildlife agency 

may incur costs of a proposed project 

before the beginning of the period of 

performance (i.e., pre-award costs). 

However, the agency has no assurance 

that it will receive reimbursement until 

the Regional Director approves an award 

that incorporates a project statement 

demonstrating that the pre-award costs 

conform to all the conditions set forth 

in paragraph (b) of this section. 

(b) Pre-award costs must meet the 

following requirements: 

(1) The costs are necessary and 

reasonable for accomplishing the award 

objectives. 

(2) The Regional Director would have 

approved the costs if the State fish and 

wildlife agency incurred them during 

the period of performance. 

(3) The agency incurs these costs in 

anticipation of the award and in 

conformity with the negotiation of the 

award with the Regional Director. 

(4) The activities associated with the 

pre-award costs comply with all laws, 

regulations, and policies applicable to a 

grant-funded project. 

(5) The agency must: 

(i) Obtain the Regional Director’s 

concurrence that the Service will be 

able to comply with the applicable laws, 

regulations, and policies before the 

agency starts work on the ground; and 

(ii) Provide the Service all the 

necessary information with enough lead 

time for the Service to comply with the 

applicable laws, regulations, and 

policies. 

(6) The agency must not complete the 

project before the beginning of the 

period of performance unless the 

Regional Director concurs that doing so 

is necessary to take advantage of 

temporary circumstances favorable to 

the project or to meet legal deadlines. 

An agency completes a project when it 

incurs all costs and finishes all work 

necessary to achieve the project 

objectives. 

(c) The agency can receive 

reimbursement for pre-award costs only 

after the beginning of the period of 

performance, and, for activities 

requiring compliance, only after the 

compliance is satisfied. 

§ 80.95 How does a State fish and wildlife 

agency receive Federal award funds? 

(a) A State fish and wildlife agency 

may receive Federal award funds 

through either: 

(1) A request for reimbursement; or 

(2) A request for an advance of funds 

if the agency maintains or demonstrates 

that it will maintain procedures to 

minimize time between transfer of funds 

and disbursement by the agency or its 

subrecipient. 

(b) An agency must use the following 

procedures to receive a reimbursement 

or an advance of funds: 

(1) Request funds through an 

electronic payment system designated 

by the Regional Director; or 

(2) Request funds on a standard form 

for that purpose only if the agency is 

unable to use the electronic payment 

system. 

(c) The Regional Director will 

reimburse or advance funds only to the 

office or official designated by the 

agency and authorized by State law to 

receive public funds for the State. 

(d) All payments are subject to final 

determination of allowability based on 

audit or a Service review. The State fish 

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. 

§ 80.96 May a State fish and wildlife 

agency use Federal funds without using 

cost sharing? 

(a) The State fish and wildlife agency 

must not draw down any Federal funds 

for a grant-funded project under the 

Acts in greater proportion to the use of 

cost sharing than total Federal funds 

bear to total cost sharing unless: 

(1) The recipient draws down Federal 

award funds to pay for construction, 

including land acquisition; 

(2) A third-party in-kind contribution 

of cost sharing is not yet available for 

delivery to the recipient or subrecipient; 

or 

(3) The project is not at the point 

where it can accommodate a third-party 

in-kind contribution. 

(b) If an agency draws down Federal 

funds in greater proportion to the use of 

cost sharing than total Federal funds 

bear to total cost sharing under the 

conditions described at paragraphs 

(a)(1) through (3) of this section, the 

agency must: 


ddrumheller on DSK120RN23PROD with PROPOSALS4
(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. 

consider the barter transaction to be an 

even exchange. 

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 

If, following the State processes for barter transactions . . . Then the agency must . . . 

(1) The barter transaction is determined to be an even exchange of 

goods or services.

Disclose in the remarks section that the barter transaction(s) occurred, 

and the barter transaction(s) resulted in no gain or loss to the agency. 

(2) The fair value of the goods or services provided by the State fish 

and wildlife agency exceeds the fair value of the goods and services 

received.

Disclose in the remarks section that the barter transaction(s) occurred 

and report the difference in fair value as award expenses in the Federal financial report. 

(3) The fair value of the goods or services received exceeds the fair 

value of the goods and services the State fish and wildlife agency 

provided.

Disclose in the remarks section that the barter transaction(s) occurred 

and report the difference in fair value as program income in the Federal financial report. 

§ 80.99 Are symbols available to identify 

projects? 

Yes. The following distinctive 

symbols are available to identify 

projects funded by the Acts and 

products on which taxes and duties 

have been collected to support the Acts: 

(a) The symbol of the Wildlife 

Restoration Act follows: 

(b) The symbol of the Sport Fish 

Restoration Act follows: 

(c) The symbol of the Acts when used 

in combination follows: 

§ 80.100 Must a State fish and wildlife 

agency display one of the symbols set forth 

in this part on a completed project? 

No. A State fish and wildlife agency 

is not required to display one of the 

symbols in § 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 and the Department 

of the Interior make no representation or 

endorsement whatsoever by the display 

of the symbol(s) as to the quality, utility, 

suitability, or safety of any product, 

service, or project associated with the 

symbol(s). 

(3) No one may use any of the 

symbols in any other manner unless 

authorized by the Director or Regional 

Director. Unauthorized use of the 

symbol(s) is a violation of 18 U.S.C. 701 


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95622 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

and subjects the violator to possible 

fines and imprisonment. 

Subpart I—Program Income 

§ 80.120 What is program income? 

(a) Program income is gross income 

earned by the recipient or subrecipient 

that is directly generated by an award 

activity or earned as a result of the 

Federal award during the period of 

performance (see 2 CFR 200.1 and 

200.307). 

(b) Program income includes revenue 

from: 

(1) Services performed under an 

award. 

(2) Use or rental of real or personal 

property acquired, constructed, or 

managed with award funds. 

(3) Payments by concessioners or 

contractors under an arrangement with 

the agency or subrecipient to provide a 

service in support of award objectives 

on real property acquired, constructed, 

or managed with award funds. 

(4) Sale of items produced under an 

award. 

(5) Fees collected by the agency for 

delivering or providing hunter 

education, aquatic education, or other 

courses. 

(6) Royalties and license fees for 

copyrighted material, patents, and 

inventions developed as a result of an 

award. 

(7) Sale of a product of mining, 

drilling, forestry, or agriculture during 

the period of performance that supports 

the: 

(i) Mining, drilling, forestry, or 

agriculture; or 

(ii) Acquisition of the land on which 

these activities occurred. 

(8) Barter transactions when the value 

of goods or services received exceeds 

the value of goods or services the agency 

provided. 

(c) Program income does not include 

any of the following: 

(1) Interest on award funds, rebates, 

credits, discounts, or refunds. 

(2) Sales receipts retained by 

concessioners or contractors under an 

arrangement with the agency to provide 

a service in support of award objectives 

on real property acquired, constructed, 

or managed with award funds. 

(3) Cash received by the agency or by 

volunteer instructors to cover incidental 

costs of hunter education, aquatic 

education, or other classes. Incidental 

costs are small amounts and typically 

not essential to the training delivery. 

Materials purchased at cost by the 

student, separate from course fees, are 

incidental costs. 

(4) Proceeds from the sale of real 

property, equipment, or supplies. 

§ 80.121 May a State fish and wildlife 

agency earn program income? 

A State fish and wildlife agency may 

earn program income from activities 

incidental to the award purposes if 

producing income is not a primary 

purpose. The agency must account for 

program income received from these 

activities in the project records and 

dispose of it according to the terms and 

conditions of the award. 

§ 80.122 May a State fish and wildlife 

agency deduct the costs of generating 

program income from gross income? 

(a) A State fish and wildlife agency 

may deduct the costs of generating 

program income from gross income 

when the agency calculates program 

income if the agency does not: 

(1) Pay these costs with: 

(i) Federal or cost-sharing funds under 

a Federal award; or 

(ii) Federal funds unrelated to an 

award. 

(2) Cover these costs by accepting: 

(i) Cost-sharing contributions for a 

Federal award; or 

(ii) Donations of services, personal 

property, or real property unrelated to a 

Federal award. 

(b) Examples of costs of generating 

program income that may qualify for 

deduction from gross income if they are 

consistent with the regulations in 

paragraph (a) of this section are: 

(1) The cost of estimating the amount 

of commercially acceptable timber in a 

forest and marking it for harvest if the 

commercial harvest is incidental to a 

grant-funded habitat-management or 

facilities-construction project. 

(2) The cost of publishing research 

results as a pamphlet or book for sale if 

the publication is incidental to a grantfunded research project. 

§ 80.123 How may a State fish and wildlife 

agency use program income? 

(a) A State fish and wildlife agency 

may choose any of the three methods 

listed in paragraph (b) of this section for 

applying program income to Federal 

and non-Federal outlays. The agency 

may also use a combination of these 

methods. The method or methods that 

the agency chooses will apply to the 

program income that it earns during the 

period of performance and to the 

program income that any subrecipient 

earns during the period of performance. 

The agency must indicate the method or 

methods that it wants to use in the 

project statement that the agency 

submits with each application for 

Federal assistance. 

(b) Program income must be spent 

within the period of performance and 

program in which the income is earned 

and before the agency requests 

additional Federal funds for the activity 

for which the program income is earned. 

(c) The three methods for applying 

program income to Federal and nonFederal outlays are set forth in table 1 

to § 80.123(c): 

TABLE 1 TO § 80.123(c) 

Method Requirements for using the method 

(1) Deduction .................................. (i) The agency must deduct the program income from total allowable costs to determine the net allowable 

costs. 

(ii) The agency must use program income for current costs under the award unless the Regional Director 

authorizes otherwise. 

(iii) If the agency does not indicate the method that it wants to use in the project statement, then the agency must use the deduction method. 

(2) Addition ...................................... (i) The agency must request the Regional Director’s approval in the project statement. 

(ii) The agency may add the program income to the Federal and non-Federal funds under the award. 

(iii) The agency must use the program income for the purposes of the award and under the terms of the 

award. 

(3) Cost sharing .............................. (i) The agency must request the Regional Director’s approval in the project statement. 

(ii) The agency must explain in the project statement the expected program income, how the agency proposes to use the program income to satisfy cost-sharing requirements, how the agency will use program 

income earned in excess of required cost sharing, and the primary conservation or recreation objective 

sufficient to show income as a secondary benefit. 


ddrumheller on DSK120RN23PROD with PROPOSALS4
Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 95623 

TABLE 1 TO § 80.123(c)—Continued 

Method Requirements for using the method 

(iii) If neither the agency’s project statement nor the award indicates how program income in excess of 

cost-sharing requirements will be applied, the agency must use the deduction method. 

§ 80.124 How may a State fish and wildlife 

agency use unexpended program income? 

A State fish and wildlife agency must 

spend program income before 

requesting additional payments under 

an award. If the agency has unexpended 

program income on its final Federal 

financial report, it may use the income 

under a subsequent award for any 

activity eligible for funding in the grant 

program that generated the program 

income. 

§ 80.125 How must a State fish and wildlife 

agency treat income that it earns after the 

period of performance? 

(a) The State fish and wildlife agency 

must treat income that it earns after the 

period of performance as either: 

(1) License revenue for the 

administration of the agency; or 

(2) Additional funding for purposes 

consistent with the award or the 

program. 

(b) The agency must indicate its 

choice of one of the alternatives set forth 

in paragraph (a) of this section in the 

project statement that the agency 

submits with each application for 

Federal assistance. If the agency does 

not record its choice in the project 

statement, the agency must treat the 

income earned after the period of 

performance as license revenue. 

§ 80.126 How must a State fish and wildlife 

agency treat income earned by a 

subrecipient after the period of 

performance? 

(a) The State fish and wildlife agency 

must treat income earned by a 

subrecipient after the period of 

performance as: 

(1) License revenue for the 

administration of the agency; 

(2) Additional funding for purposes 

consistent with the award or the 

program; or 

(3) Income subject only to the terms 

of the subaward agreement and any 

subsequent contractual agreements 

between the agency and the 

subrecipient. 

(b) The agency must indicate its 

choice of one of the above alternatives 

in the project statement that the agency 

submits with each application for 

Federal assistance. If the agency does 

not indicate its choice in the project 

statement, the subrecipient does not 

have to account for any income earned 

after the period of performance unless 

required to do so in the subaward 

agreement or in any subsequent 

contractual agreement. 

Subpart J—Real Property 

§ 80.130 Must a State fish and wildlife 

agency hold title to real property acquired 

under an award? 

A State fish and wildlife agency must 

hold title to an ownership interest in 

real property acquired under an award 

to the extent possible under State law. 

(a) Some States do not authorize their 

fish and wildlife agency to hold the title 

to real property that the agency 

manages. In these cases, the State or one 

of its administrative units may hold the 

title to grant-funded real property if the 

agency has the authority to manage the 

real property for its authorized purpose 

under the award. The agency, the State, 

or another administrative unit of State 

government must not hold title to an 

undivided ownership interest in the real 

property concurrently with a 

subrecipient or any other entity. 

(b) An ownership interest is an 

interest in real property that gives the 

person who holds it the right to use and 

occupy a parcel of land or water and to 

exclude others. Ownership interests 

include fee and leasehold interests but 

not easements. 

§ 80.131 Must a State fish and wildlife 

agency hold an easement acquired under 

an award? 

A State fish and wildlife agency must 

hold an easement acquired under an 

award, but it may share certain rights or 

responsibilities as described in 

paragraph (b) of this section if 

consistent with State law. 

(a) Any sharing of rights or 

responsibilities does not diminish the 

agency’s responsibility to manage the 

easement for its authorized purpose. 

(b) The agency may share the holding 

or enforcement of an easement only in 

the following situations: 

(1) The State or an administrative unit 

of State government may hold an 

easement on behalf of its fish and 

wildlife agency. 

(2) The agency may issue a subaward 

with the concurrent right to hold the 

easement to a nonprofit organization or 

to a local or Tribal government. A 

concurrent right to hold an easement 

means that both the State agency and 

the subrecipient hold the easement and 

share its rights and responsibilities. 

(3) The agency may issue a subaward 

with a right of enforcement to a 

nonprofit organization or to a local or 

Tribal government. This right of 

enforcement may allow the subrecipient 

to have reasonable access and entry to 

property protected under the easement 

for purposes of inspection, monitoring, 

and enforcement. The subrecipient’s 

right of enforcement must not supersede 

and must be concurrent with the 

agency’s right of enforcement. 

§ 80.132 Must a State fish and wildlife 

agency have control over the land or water 

where it completes capital improvements? 

Yes. A State fish and wildlife agency 

must control the parcel of land or water 

on which the agency completes a grantfunded 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. 

§ 80.133 Must a State fish and wildlife 

agency maintain acquired or completed 

capital improvements? 

Yes. A State fish and wildlife agency 

is responsible for maintaining capital 

improvements acquired or completed 

under an award to ensure that each 

capital improvement continues to serve 

its authorized purpose during its useful 

life. 

§ 80.134 How must a State fish and wildlife 

agency use real property? 

(a) If an award funds acquisition of an 

interest in a parcel of land or water, the 

State fish and wildlife agency must use 

the land or water for the purpose 

authorized in the award. 

(b) If an award funds construction of 

a capital improvement, the agency must 

use the capital improvement for the 

purpose authorized in the award during 

the useful life of the capital 

improvement. The agency must comply 

with this requirement even if the agency 

did not use award funds to: 

(1) Acquire the parcel on which the 

capital improvement is located; or 

(2) Build the structure in which the 

capital improvement is a component. 


ddrumheller on DSK120RN23PROD with PROPOSALS4
95624 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 

(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(c)). 

§ 80.135 What if a State fish and wildlife 

agency allows a use of real property that 

interferes with its authorized purpose? 

(a) When a State fish and wildlife 

agency allows a use of real property that 

interferes with the authorized purpose 

of the real property under an award, the 

agency must fully restore the real 

property to its authorized purpose. 

(b) If the agency cannot fully restore 

the real property to its authorized 

purpose, then the agency must replace 

the real property using non-Federal 

funds. 

(c) The agency must determine that 

the replacement property: 

(1) Is of at least equal value at current 

market prices; and 

(2) Has fish-, wildlife-, and public-use 

benefits consistent with the purposes of 

the original award. 

(d) The Regional Director may require 

the agency to obtain an appraisal and 

appraisal review to estimate the value of 

the replacement property at current 

market prices if the agency cannot 

support its assessment of value. 

(e) The agency must obtain the 

Regional Director’s approval of: 

(1) The agency’s determination of the 

value and benefits of the replacement 

property; and 

(2) The documentation supporting 

this determination. 

(f) The agency may have up to 3 years 

from the date of notification by the 

Regional Director to restore the real 

property to its authorized purpose or 

acquire replacement property. If the 

agency does not restore the real property 

to its authorized purpose or acquire 

replacement property within 3 years, 

the Director may declare the agency 

ineligible to receive new awards in the 

program or programs that funded the 

original acquisition. 

§ 80.136 Is it a diversion if a State fish and 

wildlife agency does not use real property 

acquired under an award for its authorized 

purpose? 

If a State fish and wildlife agency 

does not use real property acquired 

under an award for its authorized 

purpose, a diversion occurs only if both 

of the following conditions apply: 

(a) The agency used license revenue 

as cost sharing for the award; and 

(b) The unauthorized use is for a 

purpose other than management of the 

fish-and-wildlife-related resources for 

which the agency has authority under 

State law. 

§ 80.137 What if real property is no longer 

useful or needed for its original purpose? 

If the director of the State fish and 

wildlife agency and the Regional 

Director jointly decide that real property 

acquired with award funds is no longer 

useful or needed for the original 

purpose of the real property under the 

award, the director of the agency must: 

(a) Propose another eligible purpose 

for the real property under the grant 

program and ask the Regional Director 

to approve this proposed purpose; or 

(b) Follow the regulations at 2 CFR 

200.311 and consult with the Regional 

Director on how to treat proceeds from 

the disposition of real property. 

Subpart K—Revisions and Appeals 

§ 80.150 How does a State fish and wildlife 

agency revise an award? 

(a) A State fish and wildlife agency 

requests approval for a revision to a 

project or award by providing the 

Service the following documents: 

(1) The Office of Management and 

Budget (OMB)-approved common 

application information for Federal 

assistance, approved by the director of 

the agency or the director’s designee, to 

update or request a change in the 

information that the agency submitted 

in an approved application. 

(2) A statement that explains: 

(i) How the requested revision would 

affect the information that the agency 

submitted with the original grant 

application; and 

(ii) Why the requested revision is 

necessary. 

(b) If the State maintains the process 

under Executive Order 12372, 

Intergovernmental Review of Federal 

Programs, the agency must follow its 

processes for sending any requested 

revision of the purpose or objectives of 

a project or award to the State 

Clearinghouse or Single Point of 

Contact. 

§ 80.151 May a State fish and wildlife 

agency appeal a decision? 

Yes. A State fish and wildlife agency 

may appeal the Director’s or Regional 

Director’s decision on any matter 

subject to this part. 

(a) The agency must send the appeal 

to the Director within 30 days of the 

date that the Director or Regional 

Director mails or otherwise informs an 

agency of a decision. 

(b) The agency may appeal the 

Director’s decision on an appeal made 

under paragraph (a) of this section to the 

Secretary. An appeal to the Secretary 

must be made within 30 days of the date 

the decision was mailed and must 

follow procedures in 43 CFR part 4, 

subpart G. 

Subpart L—Information Collection 

§ 80.160 What are the information 

collection requirements of this part? 

The Office of Management and Budget 

(OMB) has approved the information 

collection requirements contained in 

this part 80 and assigned the following 

OMB Control Numbers 1018–0088, 

‘‘National Survey of Fishing, Hunting, 

and Wildlife-Associated Recreation 

(FHWAR)’’ and 1018–0100, 

‘‘Administrative Procedures for U.S. 

Fish and Wildlife Service Financial 

Assistance Programs.’’ Federal agencies 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. Direct comments regarding the 

burden estimate or any other aspect of 

the information collection to the 

Service’s Information Collection 

Clearance Officer at the address 

provided at 50 CFR 2.1(b). 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks, Department of Interior. 

[FR Doc. 2024–27095 Filed 11–29–24; 8:45 am] 

BILLING CODE 4333–15–P 


ddrumheller on DSK120RN23PROD with PROPOSALS4