Financial Assistance: Wildlife Restoration, Sport Fish Restoration, Hunter Education and Safety, 24523-24529 [E8-9785]
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
[FWS–R9–WSR–2008–0035; 91400–5110–
0000–7B]
RIN 1018–AV99
Financial Assistance: Wildlife
Restoration, Sport Fish Restoration,
Hunter Education and Safety
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, propose changes in the
regulations governing the Wildlife
Restoration, Sport Fish Restoration, and
Hunter Education and Safety financial
assistance programs. We propose to (a)
address changes in law, and regulation;
(b) clarify rules on license certification
to address a greater number of licensing
choices that States have offered hunters
and anglers; (c) delete provisions on
audits and records that are addressed in
other regulations broadly applicable to
financial assistance programs managed
by the Department of the Interior; and
(d) reword the regulations to make them
easier to understand. The proposed
changes would improve the regulations
by making them more current and clear.
DATES: We will accept comments
received or postmarked on or before
June 4, 2008.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: RIN 1018AV99; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, Suite
222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Joyce Johnson, Wildlife and Sport Fish
Restoration Program, Division of Policy
and Programs, U.S. Fish and Wildlife
Service, 703–358–2156.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The U.S. Department of the Interior’s
(DOI) Fish and Wildlife Service
(Service) manages 38 financial
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assistance programs, 14 of which are
managed, in whole or in part, by the
Service’s Wildlife and Sport Fish
Restoration activity (WSFR). This
proposed rule will revise title 50, part
80, of the Code of Federal Regulations
(CFR), which contains the regulations
that govern three WSFR programs:
Wildlife Restoration, Sport Fish
Restoration, and Hunter Education and
Safety. The Sport Fish Restoration
program includes freshwater and marine
fisheries, aquatic resource education,
and boat access programs. These
programs provide financial assistance to
the fish and wildlife agencies of States
and other eligible jurisdictions to
manage fish and wildlife and provide
hunter education and safety programs.
The Catalog of Federal Domestic
Assistance at https://www.cfda.gov
describes these programs under 15.611,
15.605, and 15.626.
The Federal Aid in Wildlife
Restoration Act of September 2, 1937,
and the Federal Aid in Sport Fish
Restoration Act of August 9, 1950, as
amended, established the programs
affected by this proposed rule. These
acts are more commonly known as the
Pittman-Robertson Wildlife Restoration
Act (50 Stat. 917; 16 U.S.C. 669–669k)
and the Dingell-Johnson Sport Fish
Restoration Act (64 Stat. 430; 16 U.S.C.
777–777n). They established a user-pay
and user-benefit system in which the
fish and wildlife agencies of the States,
Commonwealths, and territories receive
formula-based funding from a
continuing appropriation. The District
of Columbia also receives such funding,
but only for managing fish resources.
Industry partners pay taxes on
equipment and gear manufactured for
purchase by hunters, anglers, boaters,
archers, and recreational shooters. The
Service then distributes those funds to
the fish and wildlife agencies of States
and other eligible jurisdictions. States
must match these Federal funds by
providing a 25-percent cost share. In
fiscal year 2008, the States and other
eligible jurisdictions received $310
million through the Wildlife Restoration
and Hunter Education and Safety
programs and $398 million through the
Sport Fish Restoration program.
The Service revised two sections of 50
CFR 80 in 2001, but we have not
systematically reviewed other sections
for revision since the 1980’s.
Consequently, some provisions do not
reflect:
(a) The promulgation in 1988 of 43
CFR part 12, subpart C ‘‘Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments’’;
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(b) The Transportation Equity Act for
the 21st Century in 1998, which raised
the minimum level of spending for
boating access in the Sport Fish
Restoration program from 10 to 15
percent; and
(c) The Presidential memorandum of
June 1, 1998, that required the use of
plain language in Government writing.
In addition, we must clarify 50 CFR
80.10 on certification of hunting and
fishing licenses to address the greater
number of licensing choices that some
States and other jurisdictions have
offered hunters and anglers in recent
years.
Updates to the Regulations
We propose to update and revise the
regulations at 50 CFR part 80 to reflect
a 2000 amendment of the legal authority
that established the affected program.
More specifically, we propose to change
the names of the Federal Aid in Wildlife
Restoration Act of September 2, 1937,
and the Federal Aid in Sport Fish
Restoration Act of August 9, 1950, to the
Pittman-Robertson Wildlife Restoration
Act and the Dingell-Johnson Sport Fish
Restoration Act. We propose to change
the name of the activities associated
with the management of the affected
financial assistance programs from
‘‘Federal Aid’’ to ‘‘Wildlife and Sport
Fish Restoration Program.’’ We also
propose to update the U.S. Code
citations in 50 CFR 80.1 for the PittmanRobertson Wildlife Restoration Act and
Dingell-Johnson Sport Fish Restoration
Act. The proposed changes above will
make 50 CFR part 80 consistent with the
Wildlife and Sport Fish Restoration
Improvement Act of 2000.
We propose to make nonsubstantive
administrative changes in 50 CFR part
80 to ensure that its provisions
accurately reflect law and regulation to
implement changes that have occurred
in these areas over the past 20 years. We
would replace the reference in § 80.14 to
Office of Management and Budget
(OMB) Circular A–102’s Attachment N
with 43 CFR 12.71 and 12.932 as a
source of guidance on the use and
disposition of unneeded real property.
The provisions of § 80.19 on records
and § 80.22 on audits also refer to
subject matter that was in the 1971
version of A–102. We would delete all
the contents of these sections because
43 CFR 12.82 and 12.66 are applicable
to the affected programs, and they
address these subjects adequately.
We propose to delete the definition
and references to the ‘‘Federal Aid
Manual’’ in § 80.1 and § 80.11 because
the ‘‘Federal Aid Manual’’ is a
compendium of the Director’s
instructions to his or her employees and
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not appropriate for regulations, which
are directed toward and have impacts
on the public. We propose to delete
references to the Standard Forms (SF)
271 and 269B and add SF 269 in § 80.27
to reflect the forms approved by OMB.
We propose to delete § 80.27(d) because
the form required by that paragraph, a
grant agreement, is no longer valid. We
also deleted the estimates of the time
required to fill out the forms because
such specific information that will
change over time is not appropriate for
regulations.
We propose to change ‘‘aquatic
education’’ to ‘‘aquatic resource
education’’ in § 80.15 to reflect more
accurately the language of the DingellJohnson Sport Fish Restoration Act. We
will apply plain language principles to
those provisions where we have to
change or clarify the content of the
regulations. This conversion to plain
language will make the affected
provisions clearer as well as comply
with the Service’s plain language policy.
More specifically, we will replace words
that are susceptible to different
meanings with words that are more
precise, e.g., we propose to change
‘‘shall’’ to ‘‘must.’’ We will refer to the
territories, Commonwealths, and the
District of Columbia in a consistent way
throughout 50 CFR 80. Finally, we will
alphabetize definitions in § 80.1 for ease
of reference and to conform to policy of
the Office of the Federal Register.
Clarifying the Requirements
We propose to make administrative
changes in 50 CFR part 80 to ensure that
the process for certifying the number of
hunter and angler licenses provides
accurate data that are comparable
among the States (‘‘States’’ include
Commonwealths, territories, and the
District of Columbia in the context of
license certification.). This proposed
change is important because we
apportion funds to the States based in
part on the numbers of these licenses.
We need to clarify this process because,
as States offered more licensing options,
they began to use different approaches
in counting the individuals who
purchased licenses. We propose several
changes to resolve this problem. We
would clarify the 12-month period
during which a State-identified license
year must end. We would also establish
a common approach for States to assign
single-year license holders to a license
year. Under this approach, States would
assign single-year license holders only
to the period in which they purchased
the license instead of having the option
of assigning them to the period in which
their licenses are valid. Finally, we
would clarify that, under certain
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conditions, States may assign a person
who purchases a multiyear license to
each license period in which the license
is valid.
We propose to add the territory of
American Samoa to the jurisdictions in
§ 80.2(b) that are eligible to participate
in the benefits of the Pittman-Robertson
Wildlife Restoration Act. This is
consistent with sections 4(c) and 8(a) of
the Pittman-Robertson Wildlife
Restoration Act.
We propose to add the District of
Columbia to the list of jurisdictions in
§ 80.12 for which the non-Federal cost
sharing must not exceed 25 percent.
This change is consistent with section
12 of the Dingell-Johnson Sport Fish
Restoration Act.
We propose to increase the minimum
expenditure of Sport Fish Restoration
apportioned dollars for recreational
boating access facilities in § 80.24 from
‘‘10 per centum’’ to ‘‘15 percent.’’ This
change would reflect an amendment of
the Dingell-Johnson Sport Fish
Restoration Act that was in the 1998
Transportation Equity Act for the 21st
Century. By increasing the percentage
consistent with the 1998 act, we would
also change ‘‘per centum’’ to its modern
counterpart ‘‘percent.’’
Finally, we propose to add a
provision at § 80.28 that allows the
Director to authorize exceptions to any
provisions of 50 CFR part 80 that are not
explicitly required by law. This
proposal recognizes that at some point
in the future, natural catastrophes or
other extreme situations may justify
exceptions to some provisions of 50 CFR
part 80.
Public Comments
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We will not accept
comments sent by e-mail or fax or to an
address not listed in the ADDRESSES
section. We will not accept anonymous
comments; your comment must include
your first and last name, city, State,
country, and postal (zip) code. Finally,
we will not consider hand-delivered
comments that we do not receive, or
mailed comments that are not
postmarked, by the date specified in the
DATES section.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal information in addition to the
required items specified above, such as
your street address, phone number, or email address, you may request at the top
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of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy comments on https://
www.regulations.gov.
We are opening a comment period of
only 30 days because we believe that
this amount of time will be sufficient for
several reasons: (a) The proposed
changes are primarily administrative
and nonsubstantive, (b) the affected
entities are aware of our intention to
propose these changes to improve the
regulations, (c) the general public is
basically unaffected by these
regulations, and (d) no benefit to the
public would result from offering a
longer comment period and extending
the overall timeframe for this
rulemaking.
Required Determinations
Clarity of This Regulation
Executive Order (E.O.) 12866 requires
each agency to write regulations that are
easy to understand. We invite your
comments on how to make this rule
easier to understand, including answers
to questions such as the following:
(1) Are the requirements in the rule
clearly stated?
(2) Does the rule contain technical
language or jargon that interferes with
its clarity?
(3) Does the format of the rule (e.g.,
grouping, order of sections, use of
headings, and paragraphing) aid or
reduce its clarity?
(4) Would the rule be easier to
understand if it were divided into more
(but shorter) sections? (A ‘‘section’’
appears in bold type and is preceded by
the symbol § and a numbered heading;
for example: ‘‘§ 80.15 Allowable costs.’’)
(5) Does the description of the rule in
the ‘‘Supplementary Information’’
section of the preamble help you to
understand the proposed rule? What
else could we do to make the rule easier
to understand?
Send a copy of any comments that
concern how we could make this rule
easier to understand to: Office of
Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street,
NW., Washington, DC 20240. You also
may e-mail comments to
Exsec@ios.doi.gov.
Regulatory Planning and Review
(Executive Order 12866)
OMB has determined that this rule is
not significant and has not reviewed
this rule under Executive Order 12866
(E.O. 12866). OMB bases its
determination upon the following four
criteria:
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(a) Whether the rule will have an
annual effect of $100 million or more on
the economy or adversely affect an
economic sector, productivity, jobs, the
environment, or other units of the
government.
(b) Whether the rule will create
inconsistencies with other Federal
agencies’ actions.
(c) Whether the rule will materially
affect entitlements, grants, user fees,
loan programs, or the rights and
obligations of their recipients.
(d) Whether the rule raises novel legal
or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996 (Pub. L.
104–121)), whenever an agency is
required to publish a notice of
rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis that describes the
effect of the rule on small entities, i.e.,
small businesses, small organizations,
and small government jurisdictions.
However, no regulatory flexibility
analysis is required if the head of an
agency certifies the rule would not have
a significant economic impact on a
substantial number of small entities.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide the statement of the
factual basis for certifying that a rule
would not have a significant economic
impact on a substantial number of small
entities. We have examined this
proposed rule’s potential effects on
small entities as required by the
Regulatory Flexibility Act and have
determined that this action would not
have a significant economic impact on
small entities because the changes we
are proposing are intended to: (a)
Address changes in law and regulation;
(b) clarify rules on license certification
to address a greater number of licensing
choices that States and other
jurisdictions have offered hunters and
anglers; (c) delete provisions on audits
and records that are addressed in other
regulations; and (d) reword the
regulations to make them easier to
understand. No costs are associated
with this regulatory change.
Consequently, we certify that because
this proposed rule would not have a
significant economic effect on a
substantial number of small entities, a
regulatory flexibility analysis is not
required.
This proposed rule is not a major rule
under SBREFA (5 U.S.C. 804(2)). It
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would not have a significant impact on
a substantial number of small entities.
a. This proposed rule would not have
an annual effect on the economy of $100
million or more.
b. This proposed rule would not cause
a major increase in costs or prices for
consumers; individual industries;
Federal, State, or local government
agencies; or geographic regions.
c. This proposed rule would not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we have determined the following:
a. This proposed rule would not
‘‘significantly or uniquely’’ affect small
governments. A small government
agency plan is not required. The
programs governed by the current
regulations assist small governments
financially, and the proposed rule
would simply improve these
regulations.
b. This proposed rule would not
produce a Federal mandate of $100
million or greater in any year, i.e., it is
not a ‘‘significant regulatory action’’
under the Unfunded Mandates Reform
Act.
Takings
In accordance with E.O. 12630, this
proposed rule would not have
significant takings implications because
it would not contain a provision for
taking of private property. Therefore, a
takings implication assessment is not
required.
Federalism
This proposed rule would not have
sufficient Federalism effects to warrant
preparation of a Federalism assessment
under E.O. 13132. It would not interfere
with the States’ ability to manage
themselves or their funds. We work
closely with the States in administration
of these programs. The proposed rule
will benefit recipients in three grant
programs by establishing a common
approach and clarifying the rules
applicable to grant recipients’ legally
required annual certification of the
number of hunters and anglers who
purchased licenses.
Civil Justice Reform
In accordance with E.O. 12988, the
Office of the Solicitor has determined
that the rule would not unduly burden
the judicial system and meets the
requirements of sections 3(a) and 3(b)
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(2) of the Order. The proposed rule will
also benefit grantees by eliminating
unnecessary or outdated elements of the
regulations governing the affected
programs and by making the regulations
easier to understand.
Paperwork Reduction Act
We examined the proposed rule under
the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). We may not collect or
sponsor, nor is a person required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The proposed rule will
clarify 50 CFR 80.10, which requires
States to submit information on the
number of persons holding hunting and
fishing licenses. On January 25, 2007,
OMB approved our collection of
information from States based on the
requirements of 50 CFR 80.10. OMB
approved this information collection on
forms FWS 3–154a and 3–154b under
control number 1018–0007. The
proposed rule does not change the
information items required on forms
FWS 3–154a and 3–154b. It merely
establishes a common approach for
States to assign license holders to a
license year for purposes of the
information collection. The proposed
rule will also remove outdated
information in 50 CFR 80.27.
National Environmental Policy Act
We have analyzed this rule in
accordance with the National
Environmental Policy Act, 42 U.S.C.
432–437(f) and part 516 of the
Departmental Manual. This rule does
not constitute a major Federal action
significantly affecting the quality of the
human environment. An environmental
impact statement/assessment is not
required due to the categorical
exclusion for administrative changes
provided at 516 DM 2, Appendix 1,
section 1.10.
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), E.O.
13175, and 512 DM 2, we have
evaluated potential effects on federally
recognized Indian Tribes and have
determined that there are no potential
effects. This proposed rule would not
interfere with the Tribes’ ability to
manage themselves or their funds.
Energy Supply, Distribution, or Use
(E.O. 13211)
On May 18, 2001, the President issued
E.O. 13211 addressing regulations that
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significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. This rule is not a
significant regulatory action under E.O.
12866, and would not significantly
affect energy supplies, distribution, or
use. Therefore, this action is not a
significant energy action and no
Statement of Energy Effects is required.
Author
The author of this rulemaking is Tom
McCoy, U.S. Fish and Wildlife Service,
Wildlife and Sport Fish Restoration
Program, 4401 North Fairfax Drive,
WSFR–4020, Arlington, VA 22203–
1610.
List of Subjects in 50 CFR Part 80
Fish, Grant programs—natural
resources, Reporting and recordkeeping
requirements, Signs and symbols,
Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the
preamble, we propose to amend part 80
of subchapter F, chapter I, title 50 of the
Code of Federal Regulations, as follows:
SUBCHAPTER F—FINANCIAL
ASSISTANCE—WILDLIFE AND SPORT FISH
RESTORATION PROGRAM
1. Revise the heading of subchapter F
to read as set forth above.
PART 80—ADMINISTRATIVE
REQUIREMENTS, PITTMANROBERTSON WILDLIFE
RESTORATION AND DINGELLJOHNSON SPORT FISH
RESTORATION ACTS
2. The authority citation for part 80 is
revised to read as follows:
Authority: 16 U.S.C. 777–777n; 16 U.S.C.
669–669k; 18 U.S.C. 701.
3. Revise the heading of part 80 to
read as set forth above.
4. Revise § 80.1 to read as follows:
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§ 80.1
Definitions.
As used in this part, the following
terms have these meanings:
Common horsepower. Any size motor
that can be reasonably accommodated
on the body of water slated for
development.
Comprehensive fish and wildlife
management plan. A document
describing the State’s plan for meeting
the long-range needs of the public for
fish and wildlife resources, and the
system for managing the plan.
Director. The Director of the U.S. Fish
and Wildlife Service (Service), or his or
her designated representative. The
Director serves as the Secretary’s
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representative in matters relating to the
administration and execution of the
Wildlife and Sport Fish Restoration
Acts.
Project. One or more related
undertakings necessary to fulfill a need
or needs, as defined by the State, and
consistent with the purposes of the
appropriate Act.
Regional Director. The regional
director of any region of the Service, or
his or her designated representative.
Resident angler. One who fishes
within the same State where legal
residence is maintained.
Resident hunter. One who hunts
within the same State where legal
residence is maintained.
Secretary. The Secretary of the
Interior or his or her designated
representative.
State. Any State of the United States
and the Commonwealths of Puerto Rico
and the Northern Mariana Islands, the
District of Columbia, and the territories
of Guam, the U.S. Virgin Islands, and
American Samoa. References to ‘‘the 50
States’’ pertain only to the 50 States of
the United States and do not include
these other six areas.
State fish and wildlife agency. The
agency or official of a State designated
under State law or regulation to carry
out the laws of the State in relation to
the management of fish and wildlife
resources of the State. Such an agency
or official also designated to exercise
collateral responsibilities, e.g., a State
Department of Natural Resources, will
be considered the State fish and wildlife
agency only when exercising the
responsibilities specific to the
management of the fish and wildlife
resources of the State.
Wildlife and Sport Fish Restoration
Acts or the Acts. Pittman-Robertson
Wildlife Restoration Act of September 2,
1937, as amended (50 Stat. 917; 16
U.S.C. 669–669k), and the DingellJohnson Sport Fish Restoration Act of
August 9, 1950, as amended (64 Stat.
430; 16 U.S.C. 777–777n).
Wildlife and Sport Fish Restoration
Program Funds. Funds provided under
the Acts.
5. Amend § 80.2 by revising
paragraphs (a) and (b) to read as follows:
§ 80.2
Eligibility.
*
*
*
*
*
(a) Dingell-Johnson Sport Fish
Restoration—Any of the States as
defined in § 80.1.
(b) Pittman-Robertson Wildlife
Restoration—Any of the States as
defined in § 80.1, except the District of
Columbia.
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§ 80.4
[Amended]
6. Amend paragraph (a)(4) of § 80.4 by
removing the words ‘‘Federal Aid
project’’ and adding in their place the
word ‘‘Project’’.
§ 80.5
[Amended]
7. Amend § 80.5 by:
a. In paragraph (a), removing the
words ‘‘Federal Aid in’’ and adding in
their place the words ‘‘PittmanRobertson’’; and
b. In paragraph (b), removing the
words ‘‘Federal Aid in’’ and adding in
their place the words ‘‘DingellJohnson’’.
§ 80.9
[Amended]
8. Amend paragraph (b) of § 80.9 by
removing the words ‘‘Federal Aid’’ and
adding in their place the words
‘‘Wildlife and Sport Fish Restoration
Program’’.
9. Revise § 80.10 to read as follows:
§ 80.10
State Certification of Licenses.
(a) To ensure proper apportionment of
Federal funds, the Service requires that
each director of a State fish and wildlife
agency:
(1) Specify an accounting period that
(i) Is 12 consecutive months in length;
(ii) Corresponds with or includes the
State’s fiscal year or license year; and
(iii) Ends no less than 1 year and no
more than 2 years before the beginning
of the Federal fiscal year that the
apportioned funds first become
available for expenditure; and
(2) Annually provide to the Service
the following data:
(i) The number of people in that State
who, during the State-specified period
established in paragraph (a)(1) of this
section, hold purchased licenses that
authorize an individual to hunt in the
State; and
(ii) The number of people in that State
who, during the State-specified period
established in paragraph (a)(1) of this
section, hold purchased licenses that
authorize an individual to fish in the
State.
(b) When counting people holding
purchased hunting or fishing licenses in
a State-specified 12-month period, a
State fish and wildlife agency must
abide by the following requirements:
(1) The State may count all persons
who possess a purchased license that
allows the licensee to hunt or fish for
sport or recreation. The State may not
count persons holding a license that
allows the licensee to trap animals or
engage in commercial activities.
(2) The State may count only those
persons who possess a license that
produced net revenue, which is an
amount of at least $1.00 per year
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returned to the State fish and wildlife
agency after deducting agents’ or sellers’
fees and the cost of printing,
distribution, control, or other costs
directly associated with issuance of the
license.
(3) The State may count persons
possessing a single-year license (one
that is valid for less than 2 years) only
in the State-specified 12-month period
in which the license was purchased.
(4) The State may count persons
possessing a multiyear license (one that
is valid for 2 years or more) in each
State-specified 12-month period in
which the license is valid, whether the
period of validity is a specific or
indeterminate number of years, only if:
(i) The licensee is required to have a
purchased license to fish or hunt
anywhere in the State during the Statespecified 12-month period;
(ii) The net revenue from the license
is commensurate with the number of
years in which both the license is valid
and the licensee is required to have a
purchased license to fish or hunt
anywhere in the State; and
(iii) The State fish and wildlife agency
uses statistical sampling or other
appropriate techniques to determine
whether the licensee remains a license
holder and is required to have a
purchased license to fish or hunt
anywhere in the State in the Statespecified 12-month period.
(5) The State may count persons
possessing a combination license (one
that permits the licensee to both hunt
and fish) with both
(i) The number of people who hold
purchased hunting licenses in the Statespecified 12-month period and
(ii) The number of people who hold
purchased fishing licenses during the
same State-specified 12-month period.
(6) The State may count persons
possessing multiple hunting or fishing
licenses (in States that require or permit
more than one license to hunt or more
than one license to fish) only once with
(i) The number of people who hold
purchased hunting licenses in the Statespecified 12-month period and
(ii) The number of people who hold
purchased fishing licenses during the
same State-specified 12-month period.
(c) The director of the State fish and
wildlife agency must certify the
information required in paragraphs (a)
and (b) of this section, and, if the
Director requests it, provide
documentation to support the accuracy
of this information. The director of the
State fish and wildlife agency is
responsible for eliminating multiple
counting of single individuals in the
information that he or she certifies and
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may use statistical sampling or other
appropriate techniques for this purpose.
(d) The director of the State fish and
wildlife agency must provide the
certified information required in
paragraphs (a) and (b) of this section to
the Service by the date and in the format
that the Director specifies.
(e) Once the Director approves the
certified information required in
paragraphs (a) and (b) of this section,
the Service must not adjust the numbers
if such adjustment would adversely
impact any apportionment of funds to a
State fish and wildlife agency other than
the State fish and wildlife agency whose
certified numbers are being adjusted.
10. Revise § 80.11 to read as follows:
§ 80.11
Submission of proposals.
A State may apply to use funds
apportioned under the Acts by
submitting to the Regional Director
either a comprehensive fish and wildlife
management plan or grant proposal.
(a) Each application must contain
such information as the Regional
Director may require to determine if the
proposed activities are in accordance
with the Acts and the provisions of this
part.
(b) The State must submit each
application and amendments of scope to
the State Clearinghouse as required by
Office of Management and Budget
(OMB) Circular A–95 and by State
Clearinghouse requirements.
(c) Applications must be signed by the
director of the State fish and wildlife
agency or an official delegated to
exercise the authority and
responsibilities of the State director in
committing the State to participate
under the Acts. The director of each
State fish and wildlife agency must
notify the Regional Director, in writing,
of the official(s) authorized to sign the
Wildlife and Sport Fish Restoration
Program documents, and any changes in
such authorizations.
11. Amend § 80.12 by revising the
introductory text and paragraph (b) to
read as follows:
§ 80.12
Cost sharing.
Federal participation is limited to 75
percent of eligible costs incurred in the
completion of approved work or the
Federal share specified in the grant,
whichever is less, except that the nonFederal cost sharing for the
Commonwealths of Puerto Rico and the
Northern Mariana Islands, the District of
Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American
Samoa must not exceed 25 percent and
may be waived at the discretion of the
Regional Director.
*
*
*
*
*
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24527
(b) The non-Federal share of project
costs may be in the form of cash or inkind contributions.
*
*
*
*
*
12. Revise § 80.14 to read as follows:
§ 80.14 Application of Wildlife and Sport
Fish Restoration Program funds.
(a) States must apply Wildlife and
Sport Fish Restoration Program funds
only to activities or purposes approved
by the Regional Director. If otherwise
applied, such funds must be replaced or
the State becomes ineligible to
participate.
(b) Real property acquired or
constructed with Wildlife and Sport
Fish Restoration Program funds must
continue to serve the purpose for which
acquired or constructed.
(1) When such property passes from
management control of the State fish
and wildlife agency, the control must be
fully restored to the State fish and
wildlife agency or the real property
must be replaced using non-Federal
funds. Replacement property must be of
equal value at current market prices and
with equal benefits as the original
property. The State may have up to 3
years from the date of notification by the
Regional Director to acquire
replacement property before becoming
ineligible.
(2) When such property is used for
purposes that interfere with the
accomplishment of approved purposes,
the violating activities must cease and
any adverse effects resulting must be
remedied.
(3) When such property is no longer
needed or useful for its original
purpose, and with prior approval of the
Regional Director, the property must be
used or disposed of as provided by 43
CFR 12.71 or 43 CFR 12.932.
(c) Wildlife and Sport Fish
Restoration Program funds cannot be
used for the purpose of producing
income. However, income-producing
activities incidental to accomplishment
of approved purposes are allowable.
Income derived from such activities
must be accounted for in the project
records and disposed of as directed by
the Director.
13. Amend § 80.15 by revising
paragraphs (c), (d), and (f) to read as
follows:
§ 80.15
Allowable costs.
*
*
*
*
*
(c ) Are costs allowable if they are
incurred prior to the date of the grant?
Costs incurred prior to the effective date
of the grant are allowable only when
specifically provided for in the grant.
(d) How are costs allocated in
multipurpose projects or facilities?
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Proposed Rules
Projects or facilities designed to include
purposes other than those eligible under
either the Dingell-Johnson Sport Fish
Restoration or Pittman-Robertson
Wildlife Restoration Acts must provide
for the allocation of costs among the
various purposes. The method used to
allocate costs must produce an equitable
distribution of costs based on the
relative uses or benefits provided.
*
*
*
*
*
(f) How much money may be
obligated for aquatic resource education
and outreach and communications? (1)
Each of the 50 States may spend no
more than 15 percent of the annual
amount apportioned to it under the
provisions of the Dingell-Johnson Sport
Fish Restoration Act for an aquatic
resource education and outreach and
communications program for the
purpose of increasing public
understanding of the Nation’s water
resources and associated aquatic life
forms.
(2) The Commonwealths of Puerto
Rico and the Northern Mariana Islands,
the District of Columbia, and the
territories of Guam, the U.S. Virgin
Islands, and American Samoa are not
limited to the 15-percent cap imposed
on the 50 States. Each of these entities
may spend more for these purposes with
the approval of the appropriate Regional
Director.
§ 80.16
Payments.
14. Amend § 80.16 by:
a. Revising the section heading as set
forth above;
b. Removing the word ‘‘shall’’
wherever it appears and adding in its
place the word ‘‘must’’; and
c. Removing the words ‘‘regional
director’’ and ‘‘region director’’
wherever they appear and adding in
their place the words ‘‘Regional
Director’’.
15. Revise § 80.17 to read as follows:
rfrederick on PROD1PC67 with PROPOSALS
§ 80.17
Maintenance.
The State is responsible for
maintenance of all capital
improvements acquired or constructed
with Wildlife and Sport Fish
Restoration Program funds throughout
the useful life of each improvement.
Costs for such maintenance are
allowable when provided for in
approved projects. The maintenance of
improvements acquired or constructed
with funds other than funds from the
Wildlife and Sport Fish Restoration
Program are allowable costs when such
improvements are necessary for
accomplishment of project purposes as
approved by the Regional Director, and
when such costs are otherwise
allowable by law.
VerDate Aug<31>2005
14:40 May 02, 2008
Jkt 214001
§ 80.19
[Removed]
16. Remove and reserve § 80.19.
§ 80.20
§ 80.25
[Amended]
17. Amend § 80.20 by removing the
words ‘‘Federal Aid’’ and adding in
their place the words ‘‘Wildlife and
Sport Fish Restoration Program’’.
§ 80.22
[Removed]
18. Remove and reserve § 80.22.
19. Amend § 80.23 by revising
paragraphs (a) introductory text and
(a)(1) to read as follows:
§ 80.23 Allocation of funds between
marine and freshwater fishery projects.
(a) Each coastal State, to the extent
practicable, must equitably allocate
those funds specified by the Secretary,
in the apportionment of the DingellJohnson Sport Fish Restoration funds,
between projects having recreational
benefits for marine fisheries and
projects having recreational benefits for
freshwater fisheries.
(1) Coastal States are: Alabama,
Alaska, California, Connecticut,
Delaware, Florida, Georgia, Hawaii,
Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New
Hampshire, New Jersey, New York,
North Carolina, Oregon, Rhode Island,
South Carolina, Texas, Virginia, and
Washington; the territories of Guam, the
U.S. Virgin Islands, and American
Samoa; and the Commonwealths of
Puerto Rico and the Northern Mariana
Islands.
*
*
*
*
*
20. Revise § 80.24 to read as follows:
§ 80.24 Recreational boating access
facilities.
The State must allocate at least 15
percent of each annual apportionment
under the Dingell-Johnson Sport Fish
Restoration Act for recreational boating
access facilities. All facilities
constructed, acquired, developed,
renovated, or maintained (including
existing structures for which
maintenance is provided) must be for
providing additional, improved, or safer
access of public waters for boating
recreation as part of the State’s effort for
the restoration, management, and public
use of sport fish. Although a broad range
of access facilities and associated
amenities can qualify for funding under
the 15 percent provision, the State must
accommodate power boats with
common horsepower ratings, and must
make reasonable efforts to accommodate
boats with larger horsepower ratings if
they would not conflict with aquatic
resources management. Any portion of
the 15 percent set aside for the above
purposes that remain unexpended or
PO 00000
Frm 00020
Fmt 4702
unobligated after 2 years must revert to
the Service.
Sfmt 4702
[Amended]
21. Amend § 80.25 by:
a. In the section heading and
paragraph (a), removing the words
‘‘Federal Aid in’’ and adding in their
place the words ‘‘Dingell-Johnson’’; and
b. In paragraphs (a)(1) and (a)(2),
removing the word ‘‘Aid’’.
22. Amend § 80.26 by revising the
introductory text and paragraphs (b), (f)
introductory text, (g) introductory text,
and (h) introductory text to read as set
forth below:
§ 80.26
Symbols.
We have prescribed distinctive
symbols to identify projects funded by
the Pittman-Robertson Wildlife
Restoration Act and the Dingell-Johnson
Sport Fish Restoration Act and items on
which taxes and duties have been
collected to support the respective Acts.
*
*
*
*
*
(b) Other persons or organizations
may use the symbol(s) for purposes
related to the Wildlife and Sport Fish
Restoration Program as authorized by
the Director. Authorization for the use
of the symbol(s) will be by written
agreement executed by the Service and
the user. To obtain authorization,
submit a written request stating the
specific use and items to which the
symbol(s) will be applied to Director,
U.S. Fish and Wildlife Service,
Washington, DC 20240.
*
*
*
*
*
(f) The symbol pertaining to the
Pittman-Robertson Wildlife Restoration
Act is below. * * *
(g) The symbol pertaining to the
Dingell-Johnson Sport Fish Restoration
Act is below. * * *
(h) The symbol pertaining to the
Pittman-Robertson Wildlife Restoration
Act and the Dingell-Johnson Sport Fish
Restoration Act when used in
combination is below.
* * *
23. Revise § 80.27 to read as follows:
§ 80.27 Information collection
requirements.
(a) Information gathering
requirements include filling out forms
to apply for certain benefits offered by
the Federal Government. Information
gathered under this part is authorized
under the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777–777n)
and the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669–669k).
The Service may not conduct or
sponsor, and applicants or grantees are
not required to respond to, a collection
of information unless the request
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displays a currently valid OMB control
number. OMB has approved our
collection of information under OMB
control number 1018–0007. Our
requests for information will be used to
apportion funds and to review and make
decisions on grant applications and
reimbursement payment requests
submitted to the Wildlife and Sport Fish
Restoration Program.
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14:40 May 02, 2008
Jkt 214001
(b) Submit comments on the accuracy
of the information collection
requirements to: U.S. Fish and Wildlife
Service, Information Collection
Clearance Officer, 4401 North Fairfax
Drive, Suite 222, Arlington, VA 22203.
24. Add new § 80.28 to read as
follows:
PO 00000
§ 80.28
Exceptions.
The Director may authorize
exceptions to any provisions of this part
that are not explicitly required by law.
Dated: April 16, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. E8–9785 Filed 5–2–08; 8:45 am]
BILLING CODE 4310–55–P
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Agencies
[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Proposed Rules]
[Pages 24523-24529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9785]
[[Page 24523]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
[FWS-R9-WSR-2008-0035; 91400-5110-0000-7B]
RIN 1018-AV99
Financial Assistance: Wildlife Restoration, Sport Fish
Restoration, Hunter Education and Safety
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, propose changes in the
regulations governing the Wildlife Restoration, Sport Fish Restoration,
and Hunter Education and Safety financial assistance programs. We
propose to (a) address changes in law, and regulation; (b) clarify
rules on license certification to address a greater number of licensing
choices that States have offered hunters and anglers; (c) delete
provisions on audits and records that are addressed in other
regulations broadly applicable to financial assistance programs managed
by the Department of the Interior; and (d) reword the regulations to
make them easier to understand. The proposed changes would improve the
regulations by making them more current and clear.
DATES: We will accept comments received or postmarked on or before June
4, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AV99; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on
https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: Joyce Johnson, Wildlife and Sport Fish
Restoration Program, Division of Policy and Programs, U.S. Fish and
Wildlife Service, 703-358-2156.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of the Interior's (DOI) Fish and Wildlife
Service (Service) manages 38 financial assistance programs, 14 of which
are managed, in whole or in part, by the Service's Wildlife and Sport
Fish Restoration activity (WSFR). This proposed rule will revise title
50, part 80, of the Code of Federal Regulations (CFR), which contains
the regulations that govern three WSFR programs: Wildlife Restoration,
Sport Fish Restoration, and Hunter Education and Safety. The Sport Fish
Restoration program includes freshwater and marine fisheries, aquatic
resource education, and boat access programs. These programs provide
financial assistance to the fish and wildlife agencies of States and
other eligible jurisdictions to manage fish and wildlife and provide
hunter education and safety programs. The Catalog of Federal Domestic
Assistance at https://www.cfda.gov describes these programs under
15.611, 15.605, and 15.626.
The Federal Aid in Wildlife Restoration Act of September 2, 1937,
and the Federal Aid in Sport Fish Restoration Act of August 9, 1950, as
amended, established the programs affected by this proposed rule. These
acts are more commonly known as the Pittman-Robertson Wildlife
Restoration Act (50 Stat. 917; 16 U.S.C. 669-669k) and the Dingell-
Johnson Sport Fish Restoration Act (64 Stat. 430; 16 U.S.C. 777-777n).
They established a user-pay and user-benefit system in which the fish
and wildlife agencies of the States, Commonwealths, and territories
receive formula-based funding from a continuing appropriation. The
District of Columbia also receives such funding, but only for managing
fish resources. Industry partners pay taxes on equipment and gear
manufactured for purchase by hunters, anglers, boaters, archers, and
recreational shooters. The Service then distributes those funds to the
fish and wildlife agencies of States and other eligible jurisdictions.
States must match these Federal funds by providing a 25-percent cost
share. In fiscal year 2008, the States and other eligible jurisdictions
received $310 million through the Wildlife Restoration and Hunter
Education and Safety programs and $398 million through the Sport Fish
Restoration program.
The Service revised two sections of 50 CFR 80 in 2001, but we have
not systematically reviewed other sections for revision since the
1980's. Consequently, some provisions do not reflect:
(a) The promulgation in 1988 of 43 CFR part 12, subpart C ``Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments'';
(b) The Transportation Equity Act for the 21st Century in 1998,
which raised the minimum level of spending for boating access in the
Sport Fish Restoration program from 10 to 15 percent; and
(c) The Presidential memorandum of June 1, 1998, that required the
use of plain language in Government writing.
In addition, we must clarify 50 CFR 80.10 on certification of
hunting and fishing licenses to address the greater number of licensing
choices that some States and other jurisdictions have offered hunters
and anglers in recent years.
Updates to the Regulations
We propose to update and revise the regulations at 50 CFR part 80
to reflect a 2000 amendment of the legal authority that established the
affected program. More specifically, we propose to change the names of
the Federal Aid in Wildlife Restoration Act of September 2, 1937, and
the Federal Aid in Sport Fish Restoration Act of August 9, 1950, to the
Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson
Sport Fish Restoration Act. We propose to change the name of the
activities associated with the management of the affected financial
assistance programs from ``Federal Aid'' to ``Wildlife and Sport Fish
Restoration Program.'' We also propose to update the U.S. Code
citations in 50 CFR 80.1 for the Pittman-Robertson Wildlife Restoration
Act and Dingell-Johnson Sport Fish Restoration Act. The proposed
changes above will make 50 CFR part 80 consistent with the Wildlife and
Sport Fish Restoration Improvement Act of 2000.
We propose to make nonsubstantive administrative changes in 50 CFR
part 80 to ensure that its provisions accurately reflect law and
regulation to implement changes that have occurred in these areas over
the past 20 years. We would replace the reference in Sec. 80.14 to
Office of Management and Budget (OMB) Circular A-102's Attachment N
with 43 CFR 12.71 and 12.932 as a source of guidance on the use and
disposition of unneeded real property.
The provisions of Sec. 80.19 on records and Sec. 80.22 on audits
also refer to subject matter that was in the 1971 version of A-102. We
would delete all the contents of these sections because 43 CFR 12.82
and 12.66 are applicable to the affected programs, and they address
these subjects adequately.
We propose to delete the definition and references to the ``Federal
Aid Manual'' in Sec. 80.1 and Sec. 80.11 because the ``Federal Aid
Manual'' is a compendium of the Director's instructions to his or her
employees and
[[Page 24524]]
not appropriate for regulations, which are directed toward and have
impacts on the public. We propose to delete references to the Standard
Forms (SF) 271 and 269B and add SF 269 in Sec. 80.27 to reflect the
forms approved by OMB. We propose to delete Sec. 80.27(d) because the
form required by that paragraph, a grant agreement, is no longer valid.
We also deleted the estimates of the time required to fill out the
forms because such specific information that will change over time is
not appropriate for regulations.
We propose to change ``aquatic education'' to ``aquatic resource
education'' in Sec. 80.15 to reflect more accurately the language of
the Dingell-Johnson Sport Fish Restoration Act. We will apply plain
language principles to those provisions where we have to change or
clarify the content of the regulations. This conversion to plain
language will make the affected provisions clearer as well as comply
with the Service's plain language policy. More specifically, we will
replace words that are susceptible to different meanings with words
that are more precise, e.g., we propose to change ``shall'' to
``must.'' We will refer to the territories, Commonwealths, and the
District of Columbia in a consistent way throughout 50 CFR 80. Finally,
we will alphabetize definitions in Sec. 80.1 for ease of reference and
to conform to policy of the Office of the Federal Register.
Clarifying the Requirements
We propose to make administrative changes in 50 CFR part 80 to
ensure that the process for certifying the number of hunter and angler
licenses provides accurate data that are comparable among the States
(``States'' include Commonwealths, territories, and the District of
Columbia in the context of license certification.). This proposed
change is important because we apportion funds to the States based in
part on the numbers of these licenses. We need to clarify this process
because, as States offered more licensing options, they began to use
different approaches in counting the individuals who purchased
licenses. We propose several changes to resolve this problem. We would
clarify the 12-month period during which a State-identified license
year must end. We would also establish a common approach for States to
assign single-year license holders to a license year. Under this
approach, States would assign single-year license holders only to the
period in which they purchased the license instead of having the option
of assigning them to the period in which their licenses are valid.
Finally, we would clarify that, under certain conditions, States may
assign a person who purchases a multiyear license to each license
period in which the license is valid.
We propose to add the territory of American Samoa to the
jurisdictions in Sec. 80.2(b) that are eligible to participate in the
benefits of the Pittman-Robertson Wildlife Restoration Act. This is
consistent with sections 4(c) and 8(a) of the Pittman-Robertson
Wildlife Restoration Act.
We propose to add the District of Columbia to the list of
jurisdictions in Sec. 80.12 for which the non-Federal cost sharing
must not exceed 25 percent. This change is consistent with section 12
of the Dingell-Johnson Sport Fish Restoration Act.
We propose to increase the minimum expenditure of Sport Fish
Restoration apportioned dollars for recreational boating access
facilities in Sec. 80.24 from ``10 per centum'' to ``15 percent.''
This change would reflect an amendment of the Dingell-Johnson Sport
Fish Restoration Act that was in the 1998 Transportation Equity Act for
the 21st Century. By increasing the percentage consistent with the 1998
act, we would also change ``per centum'' to its modern counterpart
``percent.''
Finally, we propose to add a provision at Sec. 80.28 that allows
the Director to authorize exceptions to any provisions of 50 CFR part
80 that are not explicitly required by law. This proposal recognizes
that at some point in the future, natural catastrophes or other extreme
situations may justify exceptions to some provisions of 50 CFR part 80.
Public Comments
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section. We will not accept anonymous comments; your
comment must include your first and last name, city, State, country,
and postal (zip) code. Finally, we will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in the DATES section.
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you submit a hardcopy comment that includes
personal information in addition to the required items specified above,
such as your street address, phone number, or e-mail address, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so. We will post all hardcopy comments on https://www.regulations.gov.
We are opening a comment period of only 30 days because we believe
that this amount of time will be sufficient for several reasons: (a)
The proposed changes are primarily administrative and nonsubstantive,
(b) the affected entities are aware of our intention to propose these
changes to improve the regulations, (c) the general public is basically
unaffected by these regulations, and (d) no benefit to the public would
result from offering a longer comment period and extending the overall
timeframe for this rulemaking.
Required Determinations
Clarity of This Regulation
Executive Order (E.O.) 12866 requires each agency to write
regulations that are easy to understand. We invite your comments on how
to make this rule easier to understand, including answers to questions
such as the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (e.g., grouping, order of sections,
use of headings, and paragraphing) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol Sec. and a numbered heading; for example:
``Sec. 80.15 Allowable costs.'')
(5) Does the description of the rule in the ``Supplementary
Information'' section of the preamble help you to understand the
proposed rule? What else could we do to make the rule easier to
understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You also may e-mail comments to Exsec@ios.doi.gov.
Regulatory Planning and Review (Executive Order 12866)
OMB has determined that this rule is not significant and has not
reviewed this rule under Executive Order 12866 (E.O. 12866). OMB bases
its determination upon the following four criteria:
[[Page 24525]]
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small entities, i.e.,
small businesses, small organizations, and small government
jurisdictions. However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule would not have a
significant economic impact on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide the statement of the factual basis for certifying
that a rule would not have a significant economic impact on a
substantial number of small entities. We have examined this proposed
rule's potential effects on small entities as required by the
Regulatory Flexibility Act and have determined that this action would
not have a significant economic impact on small entities because the
changes we are proposing are intended to: (a) Address changes in law
and regulation; (b) clarify rules on license certification to address a
greater number of licensing choices that States and other jurisdictions
have offered hunters and anglers; (c) delete provisions on audits and
records that are addressed in other regulations; and (d) reword the
regulations to make them easier to understand. No costs are associated
with this regulatory change. Consequently, we certify that because this
proposed rule would not have a significant economic effect on a
substantial number of small entities, a regulatory flexibility analysis
is not required.
This proposed rule is not a major rule under SBREFA (5 U.S.C.
804(2)). It would not have a significant impact on a substantial number
of small entities.
a. This proposed rule would not have an annual effect on the
economy of $100 million or more.
b. This proposed rule would not cause a major increase in costs or
prices for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions.
c. This proposed rule would not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
a. This proposed rule would not ``significantly or uniquely''
affect small governments. A small government agency plan is not
required. The programs governed by the current regulations assist small
governments financially, and the proposed rule would simply improve
these regulations.
b. This proposed rule would not produce a Federal mandate of $100
million or greater in any year, i.e., it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, this proposed rule would not have
significant takings implications because it would not contain a
provision for taking of private property. Therefore, a takings
implication assessment is not required.
Federalism
This proposed rule would not have sufficient Federalism effects to
warrant preparation of a Federalism assessment under E.O. 13132. It
would not interfere with the States' ability to manage themselves or
their funds. We work closely with the States in administration of these
programs. The proposed rule will benefit recipients in three grant
programs by establishing a common approach and clarifying the rules
applicable to grant recipients' legally required annual certification
of the number of hunters and anglers who purchased licenses.
Civil Justice Reform
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule would not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b) (2) of the Order.
The proposed rule will also benefit grantees by eliminating unnecessary
or outdated elements of the regulations governing the affected programs
and by making the regulations easier to understand.
Paperwork Reduction Act
We examined the proposed rule under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). We may not collect or sponsor, nor is a person
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The proposed rule will clarify 50
CFR 80.10, which requires States to submit information on the number of
persons holding hunting and fishing licenses. On January 25, 2007, OMB
approved our collection of information from States based on the
requirements of 50 CFR 80.10. OMB approved this information collection
on forms FWS 3-154a and 3-154b under control number 1018-0007. The
proposed rule does not change the information items required on forms
FWS 3-154a and 3-154b. It merely establishes a common approach for
States to assign license holders to a license year for purposes of the
information collection. The proposed rule will also remove outdated
information in 50 CFR 80.27.
National Environmental Policy Act
We have analyzed this rule in accordance with the National
Environmental Policy Act, 42 U.S.C. 432-437(f) and part 516 of the
Departmental Manual. This rule does not constitute a major Federal
action significantly affecting the quality of the human environment. An
environmental impact statement/assessment is not required due to the
categorical exclusion for administrative changes provided at 516 DM 2,
Appendix 1, section 1.10.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated potential effects on federally recognized Indian Tribes and
have determined that there are no potential effects. This proposed rule
would not interfere with the Tribes' ability to manage themselves or
their funds.
Energy Supply, Distribution, or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 addressing
regulations that
[[Page 24526]]
significantly affect energy supply, distribution, and use. E.O. 13211
requires agencies to prepare Statements of Energy Effects when
undertaking certain actions. This rule is not a significant regulatory
action under E.O. 12866, and would not significantly affect energy
supplies, distribution, or use. Therefore, this action is not a
significant energy action and no Statement of Energy Effects is
required.
Author
The author of this rulemaking is Tom McCoy, U.S. Fish and Wildlife
Service, Wildlife and Sport Fish Restoration Program, 4401 North
Fairfax Drive, WSFR-4020, Arlington, VA 22203-1610.
List of Subjects in 50 CFR Part 80
Fish, Grant programs--natural resources, Reporting and
recordkeeping requirements, Signs and symbols, Wildlife.
Proposed Regulation Promulgation
For the reasons stated in the preamble, we propose to amend part 80
of subchapter F, chapter I, title 50 of the Code of Federal
Regulations, as follows:
SUBCHAPTER F--FINANCIAL ASSISTANCE--WILDLIFE AND SPORT FISH RESTORATION
PROGRAM
1. Revise the heading of subchapter F to read as set forth above.
PART 80--ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS
2. The authority citation for part 80 is revised to read as
follows:
Authority: 16 U.S.C. 777-777n; 16 U.S.C. 669-669k; 18 U.S.C.
701.
3. Revise the heading of part 80 to read as set forth above.
4. Revise Sec. 80.1 to read as follows:
Sec. 80.1 Definitions.
As used in this part, the following terms have these meanings:
Common horsepower. Any size motor that can be reasonably
accommodated on the body of water slated for development.
Comprehensive fish and wildlife management plan. A document
describing the State's plan for meeting the long-range needs of the
public for fish and wildlife resources, and the system for managing the
plan.
Director. The Director of the U.S. Fish and Wildlife Service
(Service), or his or her designated representative. The Director serves
as the Secretary's representative in matters relating to the
administration and execution of the Wildlife and Sport Fish Restoration
Acts.
Project. One or more related undertakings necessary to fulfill a
need or needs, as defined by the State, and consistent with the
purposes of the appropriate Act.
Regional Director. The regional director of any region of the
Service, or his or her designated representative.
Resident angler. One who fishes within the same State where legal
residence is maintained.
Resident hunter. One who hunts within the same State where legal
residence is maintained.
Secretary. The Secretary of the Interior or his or her designated
representative.
State. Any State of the United States and the Commonwealths of
Puerto Rico and the Northern Mariana Islands, the District of Columbia,
and the territories of Guam, the U.S. Virgin Islands, and American
Samoa. References to ``the 50 States'' pertain only to the 50 States of
the United States and do not include these other six areas.
State fish and wildlife agency. The agency or official of a State
designated under State law or regulation to carry out the laws of the
State in relation to the management of fish and wildlife resources of
the State. Such an agency or official also designated to exercise
collateral responsibilities, e.g., a State Department of Natural
Resources, will be considered the State fish and wildlife agency only
when exercising the responsibilities specific to the management of the
fish and wildlife resources of the State.
Wildlife and Sport Fish Restoration Acts or the Acts. Pittman-
Robertson Wildlife Restoration Act of September 2, 1937, as amended (50
Stat. 917; 16 U.S.C. 669-669k), and the Dingell-Johnson Sport Fish
Restoration Act of August 9, 1950, as amended (64 Stat. 430; 16 U.S.C.
777-777n).
Wildlife and Sport Fish Restoration Program Funds. Funds provided
under the Acts.
5. Amend Sec. 80.2 by revising paragraphs (a) and (b) to read as
follows:
Sec. 80.2 Eligibility.
* * * * *
(a) Dingell-Johnson Sport Fish Restoration--Any of the States as
defined in Sec. 80.1.
(b) Pittman-Robertson Wildlife Restoration--Any of the States as
defined in Sec. 80.1, except the District of Columbia.
Sec. 80.4 [Amended]
6. Amend paragraph (a)(4) of Sec. 80.4 by removing the words
``Federal Aid project'' and adding in their place the word ``Project''.
Sec. 80.5 [Amended]
7. Amend Sec. 80.5 by:
a. In paragraph (a), removing the words ``Federal Aid in'' and
adding in their place the words ``Pittman-Robertson''; and
b. In paragraph (b), removing the words ``Federal Aid in'' and
adding in their place the words ``Dingell-Johnson''.
Sec. 80.9 [Amended]
8. Amend paragraph (b) of Sec. 80.9 by removing the words
``Federal Aid'' and adding in their place the words ``Wildlife and
Sport Fish Restoration Program''.
9. Revise Sec. 80.10 to read as follows:
Sec. 80.10 State Certification of Licenses.
(a) To ensure proper apportionment of Federal funds, the Service
requires that each director of a State fish and wildlife agency:
(1) Specify an accounting period that
(i) Is 12 consecutive months in length;
(ii) Corresponds with or includes the State's fiscal year or
license year; and
(iii) Ends no less than 1 year and no more than 2 years before the
beginning of the Federal fiscal year that the apportioned funds first
become available for expenditure; and
(2) Annually provide to the Service the following data:
(i) The number of people in that State who, during the State-
specified period established in paragraph (a)(1) of this section, hold
purchased licenses that authorize an individual to hunt in the State;
and
(ii) The number of people in that State who, during the State-
specified period established in paragraph (a)(1) of this section, hold
purchased licenses that authorize an individual to fish in the State.
(b) When counting people holding purchased hunting or fishing
licenses in a State-specified 12-month period, a State fish and
wildlife agency must abide by the following requirements:
(1) The State may count all persons who possess a purchased license
that allows the licensee to hunt or fish for sport or recreation. The
State may not count persons holding a license that allows the licensee
to trap animals or engage in commercial activities.
(2) The State may count only those persons who possess a license
that produced net revenue, which is an amount of at least $1.00 per
year
[[Page 24527]]
returned to the State fish and wildlife agency after deducting agents'
or sellers' fees and the cost of printing, distribution, control, or
other costs directly associated with issuance of the license.
(3) The State may count persons possessing a single-year license
(one that is valid for less than 2 years) only in the State-specified
12-month period in which the license was purchased.
(4) The State may count persons possessing a multiyear license (one
that is valid for 2 years or more) in each State-specified 12-month
period in which the license is valid, whether the period of validity is
a specific or indeterminate number of years, only if:
(i) The licensee is required to have a purchased license to fish or
hunt anywhere in the State during the State-specified 12-month period;
(ii) The net revenue from the license is commensurate with the
number of years in which both the license is valid and the licensee is
required to have a purchased license to fish or hunt anywhere in the
State; and
(iii) The State fish and wildlife agency uses statistical sampling
or other appropriate techniques to determine whether the licensee
remains a license holder and is required to have a purchased license to
fish or hunt anywhere in the State in the State-specified 12-month
period.
(5) The State may count persons possessing a combination license
(one that permits the licensee to both hunt and fish) with both
(i) The number of people who hold purchased hunting licenses in the
State-specified 12-month period and
(ii) The number of people who hold purchased fishing licenses
during the same State-specified 12-month period.
(6) The State may count persons possessing multiple hunting or
fishing licenses (in States that require or permit more than one
license to hunt or more than one license to fish) only once with
(i) The number of people who hold purchased hunting licenses in the
State-specified 12-month period and
(ii) The number of people who hold purchased fishing licenses
during the same State-specified 12-month period.
(c) The director of the State fish and wildlife agency must certify
the information required in paragraphs (a) and (b) of this section,
and, if the Director requests it, provide documentation to support the
accuracy of this information. The director of the State fish and
wildlife agency is responsible for eliminating multiple counting of
single individuals in the information that he or she certifies and may
use statistical sampling or other appropriate techniques for this
purpose.
(d) The director of the State fish and wildlife agency must provide
the certified information required in paragraphs (a) and (b) of this
section to the Service by the date and in the format that the Director
specifies.
(e) Once the Director approves the certified information required
in paragraphs (a) and (b) of this section, the Service must not adjust
the numbers if such adjustment would adversely impact any apportionment
of funds to a State fish and wildlife agency other than the State fish
and wildlife agency whose certified numbers are being adjusted.
10. Revise Sec. 80.11 to read as follows:
Sec. 80.11 Submission of proposals.
A State may apply to use funds apportioned under the Acts by
submitting to the Regional Director either a comprehensive fish and
wildlife management plan or grant proposal.
(a) Each application must contain such information as the Regional
Director may require to determine if the proposed activities are in
accordance with the Acts and the provisions of this part.
(b) The State must submit each application and amendments of scope
to the State Clearinghouse as required by Office of Management and
Budget (OMB) Circular A-95 and by State Clearinghouse requirements.
(c) Applications must be signed by the director of the State fish
and wildlife agency or an official delegated to exercise the authority
and responsibilities of the State director in committing the State to
participate under the Acts. The director of each State fish and
wildlife agency must notify the Regional Director, in writing, of the
official(s) authorized to sign the Wildlife and Sport Fish Restoration
Program documents, and any changes in such authorizations.
11. Amend Sec. 80.12 by revising the introductory text and
paragraph (b) to read as follows:
Sec. 80.12 Cost sharing.
Federal participation is limited to 75 percent of eligible costs
incurred in the completion of approved work or the Federal share
specified in the grant, whichever is less, except that the non-Federal
cost sharing for the Commonwealths of Puerto Rico and the Northern
Mariana Islands, the District of Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American Samoa must not exceed 25 percent
and may be waived at the discretion of the Regional Director.
* * * * *
(b) The non-Federal share of project costs may be in the form of
cash or in-kind contributions.
* * * * *
12. Revise Sec. 80.14 to read as follows:
Sec. 80.14 Application of Wildlife and Sport Fish Restoration Program
funds.
(a) States must apply Wildlife and Sport Fish Restoration Program
funds only to activities or purposes approved by the Regional Director.
If otherwise applied, such funds must be replaced or the State becomes
ineligible to participate.
(b) Real property acquired or constructed with Wildlife and Sport
Fish Restoration Program funds must continue to serve the purpose for
which acquired or constructed.
(1) When such property passes from management control of the State
fish and wildlife agency, the control must be fully restored to the
State fish and wildlife agency or the real property must be replaced
using non-Federal funds. Replacement property must be of equal value at
current market prices and with equal benefits as the original property.
The State may have up to 3 years from the date of notification by the
Regional Director to acquire replacement property before becoming
ineligible.
(2) When such property is used for purposes that interfere with the
accomplishment of approved purposes, the violating activities must
cease and any adverse effects resulting must be remedied.
(3) When such property is no longer needed or useful for its
original purpose, and with prior approval of the Regional Director, the
property must be used or disposed of as provided by 43 CFR 12.71 or 43
CFR 12.932.
(c) Wildlife and Sport Fish Restoration Program funds cannot be
used for the purpose of producing income. However, income-producing
activities incidental to accomplishment of approved purposes are
allowable. Income derived from such activities must be accounted for in
the project records and disposed of as directed by the Director.
13. Amend Sec. 80.15 by revising paragraphs (c), (d), and (f) to
read as follows:
Sec. 80.15 Allowable costs.
* * * * *
(c ) Are costs allowable if they are incurred prior to the date of
the grant? Costs incurred prior to the effective date of the grant are
allowable only when specifically provided for in the grant.
(d) How are costs allocated in multipurpose projects or facilities?
[[Page 24528]]
Projects or facilities designed to include purposes other than those
eligible under either the Dingell-Johnson Sport Fish Restoration or
Pittman-Robertson Wildlife Restoration Acts must provide for the
allocation of costs among the various purposes. The method used to
allocate costs must produce an equitable distribution of costs based on
the relative uses or benefits provided.
* * * * *
(f) How much money may be obligated for aquatic resource education
and outreach and communications? (1) Each of the 50 States may spend no
more than 15 percent of the annual amount apportioned to it under the
provisions of the Dingell-Johnson Sport Fish Restoration Act for an
aquatic resource education and outreach and communications program for
the purpose of increasing public understanding of the Nation's water
resources and associated aquatic life forms.
(2) The Commonwealths of Puerto Rico and the Northern Mariana
Islands, the District of Columbia, and the territories of Guam, the
U.S. Virgin Islands, and American Samoa are not limited to the 15-
percent cap imposed on the 50 States. Each of these entities may spend
more for these purposes with the approval of the appropriate Regional
Director.
Sec. 80.16 Payments.
14. Amend Sec. 80.16 by:
a. Revising the section heading as set forth above;
b. Removing the word ``shall'' wherever it appears and adding in
its place the word ``must''; and
c. Removing the words ``regional director'' and ``region director''
wherever they appear and adding in their place the words ``Regional
Director''.
15. Revise Sec. 80.17 to read as follows:
Sec. 80.17 Maintenance.
The State is responsible for maintenance of all capital
improvements acquired or constructed with Wildlife and Sport Fish
Restoration Program funds throughout the useful life of each
improvement. Costs for such maintenance are allowable when provided for
in approved projects. The maintenance of improvements acquired or
constructed with funds other than funds from the Wildlife and Sport
Fish Restoration Program are allowable costs when such improvements are
necessary for accomplishment of project purposes as approved by the
Regional Director, and when such costs are otherwise allowable by law.
Sec. 80.19 [Removed]
16. Remove and reserve Sec. 80.19.
Sec. 80.20 [Amended]
17. Amend Sec. 80.20 by removing the words ``Federal Aid'' and
adding in their place the words ``Wildlife and Sport Fish Restoration
Program''.
Sec. 80.22 [Removed]
18. Remove and reserve Sec. 80.22.
19. Amend Sec. 80.23 by revising paragraphs (a) introductory text
and (a)(1) to read as follows:
Sec. 80.23 Allocation of funds between marine and freshwater fishery
projects.
(a) Each coastal State, to the extent practicable, must equitably
allocate those funds specified by the Secretary, in the apportionment
of the Dingell-Johnson Sport Fish Restoration funds, between projects
having recreational benefits for marine fisheries and projects having
recreational benefits for freshwater fisheries.
(1) Coastal States are: Alabama, Alaska, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and
Washington; the territories of Guam, the U.S. Virgin Islands, and
American Samoa; and the Commonwealths of Puerto Rico and the Northern
Mariana Islands.
* * * * *
20. Revise Sec. 80.24 to read as follows:
Sec. 80.24 Recreational boating access facilities.
The State must allocate at least 15 percent of each annual
apportionment under the Dingell-Johnson Sport Fish Restoration Act for
recreational boating access facilities. All facilities constructed,
acquired, developed, renovated, or maintained (including existing
structures for which maintenance is provided) must be for providing
additional, improved, or safer access of public waters for boating
recreation as part of the State's effort for the restoration,
management, and public use of sport fish. Although a broad range of
access facilities and associated amenities can qualify for funding
under the 15 percent provision, the State must accommodate power boats
with common horsepower ratings, and must make reasonable efforts to
accommodate boats with larger horsepower ratings if they would not
conflict with aquatic resources management. Any portion of the 15
percent set aside for the above purposes that remain unexpended or
unobligated after 2 years must revert to the Service.
Sec. 80.25 [Amended]
21. Amend Sec. 80.25 by:
a. In the section heading and paragraph (a), removing the words
``Federal Aid in'' and adding in their place the words ``Dingell-
Johnson''; and
b. In paragraphs (a)(1) and (a)(2), removing the word ``Aid''.
22. Amend Sec. 80.26 by revising the introductory text and
paragraphs (b), (f) introductory text, (g) introductory text, and (h)
introductory text to read as set forth below:
Sec. 80.26 Symbols.
We have prescribed distinctive symbols to identify projects funded
by the Pittman-Robertson Wildlife Restoration Act and the Dingell-
Johnson Sport Fish Restoration Act and items on which taxes and duties
have been collected to support the respective Acts.
* * * * *
(b) Other persons or organizations may use the symbol(s) for
purposes related to the Wildlife and Sport Fish Restoration Program as
authorized by the Director. Authorization for the use of the symbol(s)
will be by written agreement executed by the Service and the user. To
obtain authorization, submit a written request stating the specific use
and items to which the symbol(s) will be applied to Director, U.S. Fish
and Wildlife Service, Washington, DC 20240.
* * * * *
(f) The symbol pertaining to the Pittman-Robertson Wildlife
Restoration Act is below. * * *
(g) The symbol pertaining to the Dingell-Johnson Sport Fish
Restoration Act is below. * * *
(h) The symbol pertaining to the Pittman-Robertson Wildlife
Restoration Act and the Dingell-Johnson Sport Fish Restoration Act when
used in combination is below.
* * *
23. Revise Sec. 80.27 to read as follows:
Sec. 80.27 Information collection requirements.
(a) Information gathering requirements include filling out forms to
apply for certain benefits offered by the Federal Government.
Information gathered under this part is authorized under the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777-777n) and the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669-669k). The
Service may not conduct or sponsor, and applicants or grantees are not
required to respond to, a collection of information unless the request
[[Page 24529]]
displays a currently valid OMB control number. OMB has approved our
collection of information under OMB control number 1018-0007. Our
requests for information will be used to apportion funds and to review
and make decisions on grant applications and reimbursement payment
requests submitted to the Wildlife and Sport Fish Restoration Program.
(b) Submit comments on the accuracy of the information collection
requirements to: U.S. Fish and Wildlife Service, Information Collection
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203.
24. Add new Sec. 80.28 to read as follows:
Sec. 80.28 Exceptions.
The Director may authorize exceptions to any provisions of this
part that are not explicitly required by law.
Dated: April 16, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-9785 Filed 5-2-08; 8:45 am]
BILLING CODE 4310-55-P