Administrative Requirements; Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, 95590-95624 [2024-27095]

Download as PDF 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 Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: 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. SUMMARY: 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, ddrumheller on DSK120RN23PROD with PROPOSALS4 DATES: VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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%20116/17FINAL.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; VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 95591 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: E:\FR\FM\02DEP4.SGM 02DEP4 95592 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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’’. 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. Supporting the financial action of assigning funds to associated, eligible activities. Clarifying how we address permissibility of activities and costs under 2 CFR part 200 (distinguished from 50 CFR part 80). Enhancing understanding of the grant process and how funds are disbursed to States. Clarifying how we address permissibility of funding activities under 50 CFR part 80 (distinguished from 2 CFR part 200). Responding to a request to include this term as defined at 2 CFR part 200 in the regulations at 50 CFR part 80. 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. Supporting understanding and consistency throughout the rule. Differentiating the Federal definition from the State equivalent term. Adding as defined under Public Law 116–94 for State license years. Adding a condensed version from the Sport Fish Restoration Act to provide parity to the definition of Wildlife restoration project (see below). Adding as defined under Public Law 116–94, included in the Act under 16 U.S.C. 669c(c)(4). Acquisition ....................................... Allocate ........................................... Allowable ......................................... Apportioned funds ........................... Eligible ............................................. Equipment ....................................... Expanding ....................................... Facility ............................................. Federal fiscal year .......................... Fiscal year ....................................... Fish restoration and management project. Hunter recruitment and recreational shooter recruitment. Law enforcement ............................ Maintenance .................................... Operations ....................................... Public .............................................. Public access .................................. Public relations ................................ Public target range .......................... R3 .................................................... Traditional Wildlife Restoration program. ddrumheller on DSK120RN23PROD with PROPOSALS4 Wildlife restoration project .............. 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. Clarifying for those instances where maintenance and operations are not both eligible activities under a funding source. 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. 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. Resolving a longstanding issue as to physical access to projects funded under the Acts; supported also by 50 CFR 80.58. 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. Adding as defined under Public Law 116–17. Adding as an abbreviation for ‘‘recruiting, retaining, or reactivating’’ and applicable to both Acts, to support activities under Public Law 116–94. 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. 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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/ VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 95593 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 E:\FR\FM\02DEP4.SGM 02DEP4 95594 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules Communication and Public Relations 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. 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. 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 ddrumheller on DSK120RN23PROD with PROPOSALS4 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 95595 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. E:\FR\FM\02DEP4.SGM 02DEP4 95596 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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; PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 95597 (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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 95598 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 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. E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 95599 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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 95600 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 95601 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. E:\FR\FM\02DEP4.SGM 02DEP4 95602 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS4 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 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. E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules (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, VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 95603 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 • Pertinent project budget-related of transfer, title holder, and seller; information—generally includes items • Identifiers, such as State and such as: Federal Record ID, parcel number, and —Budget justification, property name; —Detail on costs requiring prior • Values, such as appraised value, approval, purchase price, and other cost —Indirect cost statement, —Federally funded equipment list, and/ information, and acres or acre feet; • Encumbrances; or • Partners; —Certifications and disclosures. • Copies of any options, purchase (2) Amendments—Recipients must agreements, mineral assessment reports, provide written explanation and submit and draft conservation easements; and prior approval requests for budget or • Documentation to demonstrate project plan revisions, due date compliance with 2 CFR part 1402. extensions for required reports, or other Title of Collection: Administrative changes to approved award terms and Procedures for U.S. Fish and Wildlife conditions. The information provided Service Financial Assistance Programs. by the recipient is used by the Service OMB Control Number: 1018–0100. to determine the eligibility and Form Number: None. allowability of activities and to comply Type of Review: Revision of a with the requirements of 2 CFR part currently approved collection. 200. Respondents/Affected Public: (3) Reporting Requirements— Individuals/households, private sector, Reporting requirements associated with and State/local/Tribal governments. financial assistance awards generally Total Estimated Number of Annual include the following types of reports: Respondents: 15,199. • Federal Financial Reports (using the Total Estimated Number of Annual required SF–425), Responses: 17,170. • Performance Reports, and Estimated Completion Time per • Real Property Status Reports, when Response: Varies from 15 minutes to applicable (using the required SF–429 100 hours, depending on activity. forms series). Total Estimated Number of Annual (4) Recordkeeping Requirements—In Burden Hours: 403,086. accordance with 2 CFR 200.334, Respondent’s Obligation: Required to financial records, supporting obtain or retain a benefit. documents, statistical records, and all Frequency of Collection: On occasion, other non-Federal entity records quarterly, or annually, depending on pertinent to a Federal award must be activity. retained for a period of 3 years after the Total Estimated Annual Nonhour date of submission of the final Burden Cost: None. expenditure report or, for Federal Send your written comments and awards that are renewed quarterly or suggestions on this information annually, from the date of the collection by the date indicated in submission of the quarterly or annual DATES to the Service Information financial report, respectively, as Collection Clearance Officer, U.S. Fish reported to the Federal awarding agency and Wildlife Service, MS: PRB/PERMA or pass-through entity (in the case of a (JAO), 5275 Leesburg Pike, Falls subrecipient) (unless an exemption as Church, VA 22041–3803 (mail); or by described in 2 CFR 200.334 applies that email to Info_Coll@fws.gov. Please requires retention of records longer than reference OMB Control Number 1018– 3 years). 0100 in the subject line of your (5) Real Property Reporting/ comments. Recordkeeping Requirements—Service National Environmental Policy Act (42 recipients purchasing real property U.S.C. 4321 et seq.) under their award in which the Federal Government retains an interest must This proposed rule is not anticipated report on the status and request to constitute a major Federal action approval to dispose of those per 2 CFR significantly affecting the quality of the part 200 and 2 CFR part 1402 using the human environment. The Service has SF–429–A, Real Property Status Report preliminarily determined that (General Reporting) and the SF–429–C, categorical exclusion 43 CFR 46.210(i) —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. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\02DEP4.SGM 02DEP4 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. 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 80.2 What does this part do? 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? Clarity of This Regulation Subpart C—License Revenue 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. 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? List of Subjects in 50 CFR Part 80 ddrumheller on DSK120RN23PROD with PROPOSALS4 Proposed Regulation Promulgation 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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? PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 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? E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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? ddrumheller on DSK120RN23PROD with PROPOSALS4 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? VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 § 80.2 95605 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, E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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; VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 (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. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 95607 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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 95608 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 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. E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules (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. ddrumheller on DSK120RN23PROD with PROPOSALS4 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 § 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 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 95609 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. E:\FR\FM\02DEP4.SGM 02DEP4 95610 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules § 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. 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. 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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). After subtracting the 6 (2014–2019) certification periods already counted, 44 potential certification periods remain. 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. 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. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 (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. E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules § 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? ddrumheller on DSK120RN23PROD with PROPOSALS4 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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; PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 95611 (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. E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 95612 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules (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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 (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 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 (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 E:\FR\FM\02DEP4.SGM 02DEP4 ddrumheller on DSK120RN23PROD with PROPOSALS4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 95613 § 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. E:\FR\FM\02DEP4.SGM 02DEP4 95614 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules (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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 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. E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 95615 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. 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. 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. Activities for hunter recruitment and recreational shooter recruitment as described at 16 U.S.C. 669c(c)(4) (Subaccount 5221). Basic Hunter Education and Safety subprogram for Public Target Ranges (90/10/5) (Subaccount 5251). 16 U.S.C. 669c(c); assigned by an agency from BHE funds. 2 years ...... 75 percent Federal/ 25 percent nonFederal. 16 U.S.C. 669c(c); allocated by an agency from BHE funds. 5 years ...... 90 percent Federal/ 10 percent nonFederal. Enhanced Hunter Education and Safety program (Subaccount 5231). 16 U.S.C. 669h–1; apportioned. 1 year ........ 75 percent Federal/ 25 percent nonFederal. 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. 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. 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. May be used for constructing public target ranges or other eligible public target range activities that directly support R3. § 80.50(a). May allocate up to 100 percent of apportioned funds for acquiring land for, expanding, or constructing a public target range. May allocate up to 100 percent of apportioned funds for acquiring land for, constructing, developing, or improving safety features at public target ranges. 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. 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 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 §§ 80.50(a)(7) and 80.60. § 80.50(b)(1). § 80.50(b)(2). § 80.50(c). §§ 80.50(c)(9) and 80.60. 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 E:\FR\FM\02DEP4.SGM 02DEP4 95616 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 15percent 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 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. § 80.70 May a State fish and wildlife agency finance an activity from more than one annual apportionment? ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 (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. 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). PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 95617 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. E:\FR\FM\02DEP4.SGM 02DEP4 95618 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 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 E:\FR\FM\02DEP4.SGM 02DEP4 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules 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. 95619 § 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 Period of availability for obligation Program/subprogram Disbursement of unobligated funds at the end of the period of availability for obligation ddrumheller on DSK120RN23PROD with PROPOSALS4 WILDLIFE RESTORATION ACT Enhanced Hunter Education and Safety program. 1 FFY .......................... Traditional Wildlife Restoration program ........... 2 FFYs ........................ Basic Hunter Education and Safety subprogram. 2 FFYs ........................ VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 PO 00000 Frm 00031 Fmt 4701 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). 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)). Migratory bird conservation. Sfmt 4702 E:\FR\FM\02DEP4.SGM 02DEP4 95620 Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules TABLE 1 TO § 80.92—Continued Period of availability for obligation Program/subprogram Basic Hunter Education and Safety subprogram for R3 activities at 16 U.S.C. 669c(c)(4). Traditional Wildlife Restoration program for public target ranges (90/10/5). Basic Hunter Education and Safety subprogram for public target ranges (90/10/5). Enhanced Hunter Education and Safety program for public target ranges (90/10/5). Disbursement of unobligated funds at the end of the period of availability for obligation 2 FFYs ........................ Migratory bird conservation. 5 FFYs ........................ Migratory bird conservation. 5 FFYs ........................ Migratory bird conservation. 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 ........................ Aquatic Resource Education program .............. State Outreach and Communications program Recreational Boating Access subprogram ........ 2 FFYs ........................ 2 FFYs ........................ 5 FFYs ........................ § 80.93 When may a State fish and wildlife agency incur costs under an award? 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. 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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, VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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. Same as apportioned Sport Fish Restoration funds. Same as apportioned Sport Fish Restoration funds. Same as apportioned Sport Fish Restoration funds. § 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 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 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: E:\FR\FM\02DEP4.SGM 02DEP4 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: § 80.99 Are symbols available to identify projects? (b) The symbol of the Sport Fish Restoration Act follows: ,.~No 'i f tq/\Slf :t\to o!6 ; ;;/ ~$ ~1! ~ ,1, 20:32 Nov 29, 2024 ~ VerDate Sep<11>2014 Jkt 265001 PO 00000 (c) The symbol of the Acts when used in combination follows: Frm 00033 Fmt 4701 Sfmt 4702 02DEP4 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 E:\FR\FM\02DEP4.SGM 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 § 80.100 Must a State fish and wildlife agency display one of the symbols set forth in this part on a completed project? (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. (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 the barter transaction(s) resulted in no gain or loss to the agency. 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. 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. (1) The barter transaction is determined to be an even exchange of goods or services. (a) A State fish and wildlife agency must identify when barter exchanges are anticipated in the project when applying for, or carrying out, an award. All activities included in a barter transaction are subject to Federal compliance requirements under an award. (b) An agency must follow its State processes for authorizing, valuing, and documenting barter transactions, and report barter transactions under an award in the Federal financial report according to table 1 to § 80.98: § 80.98 How must a State fish and wildlife agency include barter in an award and report barter transactions? Then the agency must . . . TABLE 1 TO § 80.98 (b) A State fish and wildlife agency may use barter to carry out a grantfunded project when following approved State policies and procedures that comply with the generally accepted accounting practices as defined by the Governmental Accounting Standards Board. The State processes, as applied by the agency, may identify types of barter (e.g., cooperative farming or grazing) for which the agency will consider the barter transaction to be an even exchange. 95621 If, following the State processes for barter transactions . . . (a) Barter is a nonmonetary exchange of goods or services with another entity (reciprocal transfer). If goods or services are given or received without expectation of a reciprocal transfer, the activity is not barter and is an expense of or donation to the agency. § 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? (1) Obtain the Regional Director’s prior approval; and (2) Satisfy the project’s cost sharing requirement before submitting the final Federal financial report. . ddrumheller on DSK120RN23PROD with PROPOSALS4 o✓ ;; EP02DE24.002</GPH> EP02DE24.001</GPH> N EP02DE24.000</GPH> Federal Register / Vol. 89, No. 231 / Monday, December 2, 2024 / Proposed Rules {~l ~ll ~II Gts~~.:~ ~R~~ i~ ~~ 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): ddrumheller on DSK120RN23PROD with PROPOSALS4 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. (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. (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. (2) Addition ...................................... (3) Cost sharing .............................. VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\02DEP4.SGM 02DEP4 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. ddrumheller on DSK120RN23PROD with PROPOSALS4 § 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 VerDate Sep<11>2014 20:32 Nov 29, 2024 Jkt 265001 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 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 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. E:\FR\FM\02DEP4.SGM 02DEP4 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)). ddrumheller on DSK120RN23PROD with PROPOSALS4 § 80.135 What if a State fish and wildlife agency allows a use of real property that interferes with its authorized purpose? 20:32 Nov 29, 2024 Jkt 265001 § 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? (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 VerDate Sep<11>2014 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. 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 PO 00000 Frm 00036 Fmt 4701 Sfmt 9990 (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 E:\FR\FM\02DEP4.SGM 02DEP4

Agencies

[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Proposed Rules]
[Pages 95590-95624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27095]



[[Page 95589]]

Vol. 89

Monday,

No. 231

December 2, 2024

Part IV





 Department of the Interior





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 Fish and Wildlife Service





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50 CFR Part 80





Administrative Requirements; Pittman-Robertson Wildlife Restoration and 
Dingell-Johnson Sport Fish Restoration Acts; Proposed Rule

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

[[Page 95590]]


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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; Pittman-Robertson Wildlife 
Restoration and Dingell-Johnson Sport Fish Restoration Acts

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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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 [email protected]; 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 [email protected] 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-of-contact 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 Dingell-
Johnson Sport Fish Restoration Acts.''
    The primary users of these regulations are the fish and wildlife 
agencies of the 50 States; the Commonwealths of Puerto Rico and the 
Northern Mariana Islands; the territories of Guam, the U.S. Virgin 
Islands, and American Samoa; and the District of Columbia (DC). We use 
``State'' or ``States'' collectively to refer to these entities. The 
Wildlife Restoration Act does not authorize funding for DC, which 
receives funds only under the Sport Fish Restoration Act.
    These regulations tell States how they may receive annual 
apportionments from the Federal Aid to Wildlife Restoration Fund (16 
U.S.C. 669b) and the Sport Fish Restoration and Boating Trust Fund (26 
U.S.C. 9504), 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

[[Page 95591]]

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 pre-regulatory 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 Sec.  80.1 to include a new purpose under the 
Wildlife Restoration Act to facilitate the construction and expansion 
of public target ranges (per Pub. L. 116-17) and to add reference to 
activities for hunter recruitment and recreational shooter recruitment 
(per Pub. L. 116-94).

Section 80.2--What terms do I need to know?

    We propose to add the following terms to the definitions section of 
the regulations for the following reasons:

[[Page 95592]]



------------------------------------------------------------------------
         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     Adding a condensed version from the
 project.                            Sport Fish Restoration Act to
                                     provide parity to the definition of
                                     Wildlife restoration project (see
                                     below).
Hunter recruitment and              Adding as defined under Public Law
 recreational shooter recruitment.   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    Adding to mean the activities that
 program.                            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 Sec.  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 pre-regulatory 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

[[Page 95593]]

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 Sec.  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 Sec.  80.34 to that 
license and count the license holder in the certification periods that 
include 2019 until the license expires in 2025, so that license holder 
may potentially be counted in seven additional certification periods. 
The State agency cannot certify that license holder beyond that date, 
for that license, as it is no longer valid. Using the same example, 
except for a lifetime license, under the 2019 final rule, the State 
agency may certify the license holder for up to an additional 49 years, 
provided the license holder is still alive.
    Under this proposal, a State 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 Sec.  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 Sec.  80.34(b) by September 27, 2021, as that date is 
now in the past. The subpart includes other references to that date, 
and we propose revisions to update the regulations appropriately.
    We propose to amend Sec.  80.35, What additional requirements apply 
to multiyear licenses?, based on comments we have received since the 
2019 final rule that certain language set forth by the 2019 final rule 
is unclear or confusing. We propose no changes to the basic principles 
established in Sec.  80.35 by the 2019 final rule; rather we propose 
revisions similar to those we are proposing for Sec.  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 Sec.  80.37, which pertains to the question of whether the State 
fish and wildlife agency can certify a license sold at a discount, we 
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 Sec.  80.38, 
which asks whether an entity other than the State fish and wildlife 
agency may offer a discounted or free license under any circumstances, 
to instead ask whether a State fish and wildlife agency can certify a 
license when an entity other than the agency offers a discounted or 
free license. The emphasis 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

[[Page 95594]]

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 Sec.  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 Sec.  80.50(b) under 
the general categories of Basic Hunter Education and Safety subprogram 
and Hunter Recruitment and Recreational Shooter Recruitment, and 
separate eligible activities for the Basic Hunter Education and Safety 
subprogram into Sec.  80.50(b)(1) and eligible activities for 
recruiting, retaining, or reactivating hunters and recreational 
shooters (R3) into a new Sec.  80.50(b)(2). This 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 Sec.  80.50 and 
add them to proposed Sec.  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 Sec.  80.50 that a State agency may use 
funds under a Traditional Wildlife Restoration

[[Page 95595]]

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 Sec.  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 Sec.  
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 Sec.  80.2, as described 
above, by defining the term ``law enforcement'' to mean enforcing laws, 
orders, and regulations. We also would describe at proposed Sec.  80.55 
how activities for both law enforcement and the process of making State 
laws are ineligible for funding. Using these two standards of 
ineligible activities under the Acts allows us to take an approach with 
this 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.

[[Page 95596]]

Section 80.51--What activities are eligible for funding under the Sport 
Fish Restoration Act?

    We propose to amend eligible activities in Sec.  80.51 to align 
with those in the proposed revised Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  80.53 that an activity must be allowable 
under 2 CFR part 200 to be eligible if the activity is not explicitly 
described as eligible in the regulations in part 80.

Section 80.55--What activities are ineligible for funding?

    We 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

[[Page 95597]]

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 Sec.  80.58 but refers to blatant 
exclusion or denial of public access when that access is required under 
an award.

Section 80.57--How does a proposed project qualify as substantial in 
character and design?

    We propose to add to Sec.  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 Sec.  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 Sec.  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 Sec.  80.60 and add three 
new sections as follows:
     Proposed Sec.  80.60--What is the relationship between the 
Traditional Wildlife Restoration Program, the Basic Hunter Education 
and Safety subprogram (Basic Hunter Education), and the Enhanced Hunter 
Education and Safety program (Enhanced Hunter Education) for acquiring 
land for, expanding, or constructing public target ranges?
     Proposed Sec.  80.61--What sources of funding in the 
Wildlife Restoration Act may a State fish and wildlife agency use to 
support public target range projects, and may funds from multiple 
sources be used in a single award?
     Proposed Sec.  80.62--What are eligible and ineligible 90/
10/5 activities?
     Proposed Sec.  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

[[Page 95598]]

agency must take when applying apportioned Traditional Wildlife 
Restoration program funds to those projects. The current regulations at 
Sec.  80.60 focus on the differences between the Basic Hunter Education 
and Safety subprogram and the Enhanced Hunter Education and Safety 
program. We 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 Sec.  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 Sec.  80.61, seven different potential 
approaches to use under the regulations.
    Proposed Sec.  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, long-term monitoring, and any other activities that are not 
directly related to the goals of 90/10/5 for providing new or increased 
physical capacity for public target ranges.
    Proposed Sec.  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 Sec.  80.63 to explain and clarify the 
exception and associated restrictions when using those funds for R3 
activities.

Section 80.64--What requirements apply to funds for the Recreational 
Boating Access subprogram?

    We propose to update Sec.  80.64 to clarify that a State need not 
set aside funds out of each annual apportionment for this subprogram, 
provided that the standard is accomplished within the designated 5-year 
period. We 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 Sec. Sec.  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.

[[Page 95599]]

This determination is inaccurate. In many multipurpose projects, 
eligible and ineligible activities work together for the success of the 
overall project, and describing the ineligible activities makes it 
clearer to the grant reviewer how the entire project is supported. 
Therefore, this is an acceptable approach that supports the information 
required at Sec.  80.82(b).

Section 80.69--What requirements apply to allocation of funds between 
marine and freshwater fisheries projects?

    We propose to amend Sec.  80.69 to remove the term ``obligated'' 
and replace it with the term ``allocated'' to better align with current 
administrative practices.

VII. Subpart G--Applying for an Award

    We 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 Sec.  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 Sec.  80.92 by providing a table that 
describes all programs and subprograms under the Acts and shows the 
name of the program or subprogram, the period of availability for 
obligation (how many FFYs), and the disbursement of funds at the end of 
the period of availability for obligation. This table 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 Sec.  
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 
Sec. Sec.  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

[[Page 95600]]

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 Sec.  
80.98 not because it is no longer considered as an even-exchange barter 
transfer but because, under the current GASB standard, each State, and 
not the Service, is responsible for establishing processes for making 
those determinations for their State and then following the resulting 
processes. Therefore, any State desiring to include cooperative farming 
and grazing as an even-barter exchange must include it in the State's 
processes. A State could potentially add more parameters within GAAP/
GASB standards that could benefit the agency's approaches and 
objectives. 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 Sec.  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 Sec.  80.134 and make one 
substantive change to subpart J. We would add a new paragraph (e) under 
Sec.  80.134 stating that real property acquired with license revenue 
(see Sec.  80.20(b)) must be controlled by the State fish and wildlife 
agency and used only for administration of the agency (see Sec.  
80.10(c)). Paragraphs (a) through (d) of Sec.  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 Sec.  80.20(b), which includes real or personal property 
acquired with license revenue as ``hunting and fishing license 
revenue'' that must be protected, and then back to Sec.  80.10(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

[[Page 95601]]

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-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
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.

[[Page 95602]]

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 Sec.  80.99 on a project completed under the Acts. However, 
the Service encourages agencies to display the appropriate symbol as 
follows:
    a. An agency may display the appropriate symbol(s) on:
    1. Areas such as wildlife-management areas, shooting ranges, and 
sportfishing and boating-access facilities that were acquired, 
developed, operated, or maintained with funds authorized by the Acts; 
and
    2. Printed or web-based material or other visual representations of 
project accomplishments.
    b. An agency may establish a requirement for similar standards for 
displaying the appropriate symbol or symbols, in the places described 
in paragraph (a) of this section, that is passed through to 
subrecipients. An agency may require a subrecipient to display the 
appropriate symbol or symbols in the places described in paragraph (a) 
of this section.
    c. The Director or Regional Director may authorize an agency to use 
the symbols in a manner other than as described in paragraph (a) of 
this section.
    d. The Director or Regional Director may authorize other persons, 
organizations, agencies, or governments to use the symbols for purposes 
related to the Acts by entering into a written agreement with the user. 
An applicant must state how it intends to use the symbol(s), to what it 
will attach the symbol(s), and the relationship to the specific Act.
    e. The user of the symbol(s) must indemnify and defend the United 
States and hold it harmless from any claims, suits, losses, and damages 
from:
    1. Any allegedly unauthorized use of any patent, process, idea, 
method, or device by the user in connection with its use of the 
symbol(s), or any other alleged action of the user; and
    2. Any claims, suits, losses, and damages arising from alleged 
defects in the articles or services associated with the symbol(s).
    f. The appearance of the symbol(s) on projects or products 
indicates that the manufacturer of the product pays excise taxes in 
support of the respective Act(s) and that the project was funded under 
the respective Act(s) (26 U.S.C. 4161, 4162, 4181, 4182, 9503, and 
9504). The Service and the Department of the Interior make no 
representation or endorsement whatsoever by the display of the 
symbol(s) as to the quality, utility, suitability, or safety of any 
product, service, or project associated with the symbol(s).
    g. No one may use any of the symbols in any other manner unless the 
Director or Regional Director authorizes it. Unauthorized use of the 
symbol(s) is a violation of 18 U.S.C. 701 and subjects the violator to 
possible fines and imprisonment.
    (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.

[[Page 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 post-award requirements (amendments and reporting) 
for the 21 awards issued by the program before funding recission.
     Increase burden estimates for increased financial 
assistance funding and activities resulting from Infrastructure 
Investment and Jobs Act (BIL) appropriations supplementing 14 Service 
financial assistance programs.
     Add the new 15.685 National Fish Passage and 15.686 
National Fish Habitat Partnership programs, but we have not proposed a 
corresponding increase in burden estimates. These longstanding programs 
were previously managed and reported as subprograms under our 15.608 
Fish and Wildlife Management Assistance program.
    We also propose to renew the existing reporting and/or 
recordkeeping requirements identified below:
    (1) Application Package--We use the information provided in 
applications to: (1) Determine eligibility under the authorizing 
legislation and applicable program regulations; (2) determine 
allowability of major cost items under the Cost Principles at 2 CFR 
part 200; (3) select those projects that will provide the highest 
return on the Federal investment; and (4) assist in compliance with 
laws, as applicable, such as the National Environmental Policy Act, the 
National Historic Preservation Act, and the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970. The full 
application package (submitted by the applicant) generally includes the 
following:
     Required Federal financial assistance application forms 
(SF-424 suite of forms, as applicable to specified project).
     Project Narrative--generally includes items such as:

--Statement of need,
--Project goals and objectives,
--Methods used and timetable,
--Description of key personnel qualifications,
--Description of stakeholders or other relevant organizations/
individuals involved and level of involvement,
--Project monitoring and evaluation plan, and/or
--Other pertinent project-specific information.

     Pertinent project budget-related information--generally 
includes items such as:
--Budget justification,
--Detail on costs requiring prior approval,
--Indirect cost statement,
--Federally funded equipment list, and/or
--Certifications and disclosures.
    (2) Amendments--Recipients must provide written explanation and 
submit prior approval requests for budget or project plan revisions, 
due date extensions for required reports, or other changes to approved 
award terms and conditions. The information provided by the recipient 
is used by the Service to determine the eligibility and allowability of 
activities and to comply with the requirements of 2 CFR part 200.
    (3) Reporting Requirements--Reporting requirements associated with 
financial assistance awards generally include the following types of 
reports:
     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 [email protected]. Please reference OMB Control Number 
1018-0100 in the subject line of your comments.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    This 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)

[[Page 95604]]

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

0
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, PITTMAN-ROBERTSON WILDLIFE 
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS

Subpart A--General
Sec.
80.1 What does this part do?
80.2 What terms do I need to know?
Subpart B--State Fish and Wildlife Agency Eligibility
80.10 Who is eligible to receive the benefits of the Acts?
80.11 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?

[[Page 95605]]

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


Sec.  80.1  What does this part do?

    This part of the Code of Federal Regulations tells States how they 
may:
    (a) Use revenues derived from State hunting and fishing licenses in 
compliance with the Acts.
    (b) Receive annual apportionments from the Federal Aid to Wildlife 
Restoration Fund (16 U.S.C. 669(b)), if authorized, and the Sport Fish 
Restoration and Boating Trust Fund (26 U.S.C. 9504).
    (c) Receive Federal financial assistance awards for eligible 
activities under the Traditional Wildlife Restoration program, the 
Basic Hunter Education and Safety subprogram, and the Enhanced Hunter 
Education and Safety program, including those authorized for hunter 
recruitment and recreational shooter recruitment under 16 U.S.C. 669c.
    (d) Receive Federal financial assistance awards for eligible 
activities under the Sport Fish Restoration program, the Recreational 
Boating Access subprogram, the Aquatic Resources Education subprogram, 
and the State Outreach and Communications subprogram.
    (e) Comply with the requirements of the Acts.


Sec.  80.2  What terms do I need to know?

    The terms in this section pertain only to the regulations in this 
part.
    90/10/5 means activities authorized under Public Law 116-17 for 
acquiring land for, expanding, or constructing public target ranges 
that apply a 90 percent Federal/10 percent non-Federal cost share and a 
5-year period of availability for obligation.
    Acquisition of real property means taking ownership or control of a 
designated area of land or an interest in land by purchase, assignment, 
reversion, gift, eminent domain, or any other method consistent with 
State or Federal law. The purpose of the acquisition must be for an 
eligible activity to meet the objective of an award.
    Acts means the Pittman-Robertson Wildlife Restoration Act of 
September 2, 1937 (Wildlife Restoration Act), as amended (16 U.S.C. 669 
et seq., except for provisions specific to the Wildlife Conservation 
and Restoration program), and the Dingell-Johnson Sport Fish 
Restoration Act of August 9, 1950 (Sport Fish Restoration Act), as 
amended (16 U.S.C. 777-777m, except 777e-1 and g-1).
    Allocate means the process by which States work with the Service to 
assign apportioned funds to a specific subaccount based on the eligible 
uses. Once allocated, the funding becomes available for obligation to 
Federal awards for eligible program activities.
    Allowable refers to those costs that meet the general criteria to 
be charged to a Federal financial assistance award and comply with the 
basic considerations at 2 CFR 200.402 through 200.411, as well as the 
general principles for selected items of cost at 2 CFR 200.420 through 
200.476.
    Angler means a person who fishes for recreational purposes as 
permitted by State and/or Federal law.
    Apportioned funds are those that are made available to a State 
based on formulas in the Acts. Traditional Wildlife Restoration program 
funds are apportioned using the formula at 16 U.S.C. 669c(b); Basic 
Hunter Education and Safety subprogram funds are apportioned using the 
formula at 16 U.S.C. 669c(c); Enhanced Hunter Education and Safety 
program funds are apportioned using the formula at 16 U.S.C. 669c(c) 
and according to the criteria at 16 U.S.C. 669h-1(a); and Sport Fish 
Restoration program funds are apportioned using the formula at 16 
U.S.C. 777c(c).
    Asset means all tangible and intangible real and personal property 
of monetary value. This includes ``capital assets'' as defined at 2 CFR 
200.1,

[[Page 95606]]

``equipment'' as defined at 2 CFR 200.1, and real property of any 
value.
    Award or grant has the same meaning as ``Federal award'' as defined 
at 2 CFR 200.1. The regulations in this part use the terms ``award'' or 
``grant'' for both a grant and a cooperative agreement for convenience 
of reference, and the use does not affect the legal distinction between 
the two instruments. An award includes all ``project costs'' as defined 
at 2 CFR 200.1. We use the term ``grant'' when making references to 
programs (i.e., a grant program).
    Capital improvement or capital expenditure for improvement means:
    (1) A structure that costs at least $25,000 to build, acquire, or 
install; or the alteration or repair of a structure or the replacement 
of a structural component, if it increases the structure's useful life 
by at least 10 years or its market value by at least $25,000.
    (2) A State fish and wildlife agency may use its own definition of 
``capital improvement'' if the agency's definition includes all capital 
improvements as defined here.
    Comprehensive management system (CMS) is a State fish and wildlife 
agency's method of operations that links programs, financial systems, 
human resources, goals, products, and services. When using a CMS method 
of operations, a State fish and wildlife agency assesses the current, 
projected, and desired status of fish and wildlife; develops a 
strategic plan and carries it out through an operational planning 
process; and evaluates results. The planning period is at least 5 years 
using a minimum 15-year projection of the desires and needs of the 
State's citizens. A CMS award funds all or part of a State's CMS. For 
those States that employ a CMS method of operations, where we refer to 
a ``project statement'' in the regulations in this part, a CMS State 
might refer to activities as part of its ``operational plan.''
    Construction means the act of building or significantly renovating, 
altering, or repairing a structure. Acquiring, clearing, and reshaping 
land and demolishing structures are types or phases of construction. 
Examples of structures are buildings, roads, parking lots, utility 
lines, fences, piers, wells, pump stations, ditches, dams, dikes, 
water-control structures, fish-hatchery raceways, and shooting ranges. 
For the purposes of 90/10/5 projects (acquiring land for, expanding, or 
constructing public target ranges), constructing means building a 
public target range (see Sec. Sec.  80.60 and 80.62, 16 U.S.C. 
669g(b)(2) and 669h-1(b)(2)).
    Cost sharing has the same meaning as at 2 CFR 200.1. Cost sharing 
must meet the requirements at 2 CFR 200.306(b)(1) through (7) and 
Sec. Sec.  80.83 through 80.85.
    Director has the same meaning as at 50 CFR 1.4 and, for the 
purposes of this part, means:
    (1) The person whom the Secretary delegated to administer the Acts 
nationally; or
    (2) A deputy or another person authorized temporarily to administer 
the Acts nationally.
    Diversion means any use of revenue from hunting and fishing 
licenses for a purpose other than administration of the State fish and 
wildlife agency.
    Eligible refers to activities or actions for a Federal financial 
assistance program that are authorized by Congress through a statute or 
by Federal agency regulations to accomplish a public purpose under that 
program.
    Equipment has the same meaning as at 2 CFR 200.1.
    Expanding means, for the purposes of projects for acquiring land 
for, expanding, or constructing public target ranges (90/10/5), 
physical improvements to an existing public target range that add to 
the utility of the range in a manner that ultimately increases range 
capacity to accommodate more participants. Physical improvements do not 
necessarily have to increase the size of the facility but must result 
in an increase in physical usability that will accommodate more 
participants.
    Facility means the physical infrastructure and appurtenances 
necessary to support purposes under the Acts. The physical 
infrastructure includes land.
    Federal fiscal year (FFY) means the annual period the Federal 
Government uses for budgets and accounting, beginning October 1 and 
ending September 30.
    Fee interest means the right to possession, use, and enjoyment of a 
parcel of land or water for an indefinite period. A fee interest, as 
used in this part, may be the:
    (1) Fee simple or full-fee interest, which includes all possible 
interests or rights that a person or legal entity can hold in a parcel 
of real property (land or water); or
    (2) Fee with exceptions to title or less-than-full-fee interest, 
which excludes one or more real property interests that would otherwise 
be part of the fee simple.
    Fiscal year, for the purposes of determining the number of paid 
hunting- or fishing-license holders in a State, means the State-
determined (State fiscal year or license year) period that it 
identifies to certify license holders.
    Fish restoration and management project means the restoration and 
management of any species of fish that has material value in connection 
with sport or recreation (see Sport fish) in the marine and/or fresh 
waters of the United States.
    Hunter recruitment and recreational shooter recruitment means any 
activity or project to recruit or retain and, for the purposes of the 
regulations in this part, reactivate hunters and recreational shooters 
including by:
    (1) Outreach and communications as a means--
    (i) To improve communications with hunters, recreational shooters, 
and the public with respect to hunting and recreational shooting 
opportunities;
    (ii) To reduce barriers to participation in these activities;
    (iii) To advance the adoption of sound hunting and recreational 
shooting practices;
    (iv) To promote conservation and the responsible use of the 
wildlife resources of the United States; and
    (v) To further safety in hunting and recreational shooting.
    (2) Providing education, mentoring, and field demonstrations;
    (3) Enhancing access for hunting and recreational shooting, 
including through range construction; and
    (4) Providing education to the public about the role of hunting and 
recreational shooting in funding wildlife conservation.
    Law enforcement means enforcing laws, orders, and regulations.
    Lease means an agreement in which the owner of a fee interest 
transfers to a lessee the right of exclusive possession and use of an 
area of land or water for a fixed period, which may be renewable. The 
lessor cannot readily revoke the lease at their discretion. The lessee 
pays rent periodically or as a single payment. The lessor must be able 
to regain possession of the lessee's interest (leasehold interest) at 
the end of the lease term. An agreement that does not correspond to 
this definition is not a lease even if it is labeled as one.
    Maintenance means keeping a facility or equipment in a condition to 
serve the intended purpose. It includes recurring, cyclical, or 
occasional actions to keep a facility or equipment fully functional 
that are less than the threshold for a capital improvement or capital 
expenditure for improvement. It does not include operations. Examples 
of maintenance activities include but are not limited to:
    (1) Routine upkeep for physical and mechanical parts of a facility; 
and
    (2) Replacing components of a facility or a piece of equipment that 
are

[[Page 95607]]

expected to need replacement during its useful life.
    Obligation has two meanings depending on the context:
    (1) When a recipient of Federal financial assistance commits funds 
by incurring costs for purposes of the award, the definition for 
``financial obligations'' at 2 CFR 200.1 applies.
    (2) When the Service sets aside funds in an award for disbursement 
immediately or at a later date in the formula-based programs under the 
Acts, the definition at Sec.  80.91 applies.
    Operations means supporting the availability of a facility and its 
components for current public or other intended use. Operations include 
necessary activities that occur frequently (daily, weekly, monthly). 
The term does not include maintenance. Operations may be divided into 
the categories of physical or administrative. Examples include but are 
not limited to:
    (1) Physical activities such as trash removal, portable toilet 
services, and utility costs; and
    (2) Administrative operations such as personnel costs to manage and 
keep a facility open.
    Period of performance has the same meaning as at 2 CFR 200.1.
    Personal property means anything tangible or intangible that is not 
real property.
    (1) Tangible personal property includes:
    (i) Objects, such as equipment and supplies, that are movable 
without substantive damage to the land or any structure to which they 
may be attached and not considered an inherent part of the land;
    (ii) Soil, rock, gravel, minerals, gas, oil, or water after 
excavation or extraction from the surface or subsurface;
    (iii) Commodities derived from trees or other vegetation after 
harvest or separation from the land; and
    (iv) Annual crops before or after harvest.
    (2) Intangible personal property has the same meaning as at 2 CFR 
200.1 and includes:
    (i) Intellectual property, such as patents or copyrights;
    (ii) Securities, such as bonds and interest-bearing accounts; and
    (iii) Licenses, which are personal privileges (not a real property 
interest) granted by consent of a landowner, lessee, or tenant to use 
an area of land or water that would otherwise be trespass or another 
violation of law, with at least one of the following attributes:
    (A) Are revocable at the discretion of the entity consenting to the 
license;
    (B) Terminate when the area of land or water passes to another 
owner, the lease or tenancy ends, or the landowner, lessee, or tenant 
dies; or
    (C) Do not transfer a right of exclusive use and possession of an 
area of land or water.
    Project means one or more related undertakings in a project-by-
project award that are necessary to fulfill a need or needs, as defined 
by a State fish and wildlife agency, consistent with the purposes of 
the appropriate Act. For convenience of reference in this part, the 
meaning of ``project'' includes an agency's fish and wildlife program 
under a CMS award.
    Project-by-project award means an award of money based on a 
detailed statement of a project, or projects, and other supporting 
documentation.
    Public means of, relating to, or affecting all people in general.
    Public access means the public has opportunity, permission, and/or 
ability to enter, approach, pass to, from, and within, and 
appropriately use a place/facility for an authorized purpose (see Sec.  
80.58 for further requirements).
    Public target range, including mobile public target ranges and 
privately owned target ranges during those times when open for public 
use, means a specific location that--
    (1) Is identified by a governmental agency for recreational 
shooting;
    (2) Is open to the public;
    (3) May be supervised; and
    (4) May accommodate archery or rifle, pistol, or shotgun shooting.
    Public relations means those activities dedicated to maintaining 
the image of the non-Federal entity (recipient or subrecipient) or 
maintaining or promoting understanding and favorable relations with the 
community, public at large, or any segment of the public. This term 
could include communicating with the public about specific activities 
or accomplishments resulting from approved projects or communication 
and liaison necessary to keep the public informed on matters of public 
concern such as notices of funding opportunities. (See also 
``advertising and public relations'' in 2 CFR part 200).
    R3 means to recruit, retain, and/or reactivate members of the 
public to actively participate in the outdoor recreational activities 
of hunting, angling, boating, and recreational shooting. State fish and 
wildlife agencies and other involved partners may define R3 more 
broadly, but agencies must use funds under the Acts only for activities 
that are eligible under the regulations in this part.
    Real property means one, several, or all interests, benefits, and 
rights inherent in the ownership of a parcel of land or water. Examples 
of real property include fees, conservation easements, access 
easements, utility easements, and mineral rights. A leasehold interest 
is also real property except in those States where the State attorney 
general provides an official opinion that determines a lease is 
personal property under State law.
    (1) A parcel includes (unless limited by its legal description) the 
space above and below it and anything physically affixed to it by a 
natural process or human action. Examples include standing timber, 
other vegetation (except annual crops), buildings, roads, fences, and 
other structures.
    (2) A parcel may also have rights attached to it by a legally 
prescribed procedure. Examples include water rights or an access 
easement that allows the parcel's owner to travel across an adjacent 
parcel.
    (3) The legal classification of an interest, benefit, or right 
depends on its attributes rather than the name assigned to it. For 
example, a grazing permit is often incorrectly labeled a lease, which 
can be real property, but most grazing permits are actually licenses, 
which are not real property.
    Recipient for the purposes of the regulations in this part means 
the entities eligible to receive apportionments under the Acts (see 
Sec.  80.10).
    Regional Director has the same meaning as at 50 CFR 1.7. This 
person's responsibility does not extend to any administrative units 
that the Service's Washington Office supervises directly in that 
geographic region.
    Secretary has the same meaning as at 50 CFR 1.8.
    Service has the same meaning as at 50 CFR 1.3.
    Sport fish means aquatic, gill-breathing, vertebrate animals with 
paired fins, having material value for recreation in the marine and 
fresh waters of the United States.
    State means any State of the United States, the Commonwealth of 
Puerto Rico, and the insular areas of the Commonwealth of the Northern 
Mariana Islands, the Territory of Guam, the Territory of the U.S. 
Virgin Islands, and the Territory of American Samoa.
    (1) ``State'' also includes the District of Columbia for purposes 
of the Sport Fish Restoration Act, the Sport Fish Restoration program, 
and its subprograms. ``State'' does not include the District of 
Columbia for purposes of the Wildlife Restoration Act and the programs 
and subprogram under the Act

[[Page 95608]]

because the Wildlife Restoration Act does not authorize funding for the 
District.
    (2) References to ``the 50 States'' apply only to the 50 States of 
the United States and do not include the Commonwealths of Puerto Rico 
and the Northern Mariana Islands, the District of Columbia, or the 
Territories of Guam, the U.S. Virgin Islands, and American Samoa.
    State fish and wildlife agency (or agency) means the administrative 
unit designated by State law or regulation to carry out State laws for 
management of fish and wildlife resources. If an agency has other 
jurisdictional responsibilities, the agency is considered the State 
fish and wildlife agency only when exercising responsibilities specific 
to management of the State's fish and wildlife resources.
    Subaccount (and account) means the fiscal management designation 
used in the Service's financial system to identify funds by program and 
subprogram allocation (see Sec.  80.61 for a description of subaccounts 
and the financial system). Different subaccounts also distinguish 
between benefits to marine or freshwater fisheries in the programs and 
subprograms authorized by the Sport Fish Restoration Act.
    Subaward has the same meaning as at 2 CFR 200.1 A subaward may 
serve as a third-party binding agreement where required.
    Subrecipient has the same meaning as at 2 CFR 200.1.
    Traditional Wildlife Restoration program, for the purposes of the 
regulations in this part and associated policies, means the activities 
that are funded under apportionments authorized at 16 U.S.C. 669c(b), 
which reflects the original program funded under the Wildlife 
Restoration Act of 1937 (see eligible activities at Sec.  80.50(a)). We 
use this term for clarity when administering awards, as many eligible 
activities are specific to funding sources within the Act.
    Useful life means the period during which a federally funded 
capital improvement, capital asset, or equipment is capable of 
fulfilling its intended purpose with adequate routine maintenance.
    Wildlife means the indigenous or naturalized species of birds or 
mammals that are either:
    (1) Wild and free-ranging;
    (2) Held in a captive-breeding program established to reintroduce 
individuals of a depleted indigenous species into previously occupied 
range; or
    (3) Under the jurisdiction of a State fish and wildlife agency.
    Wildlife restoration project means the selection, restoration, 
rehabilitation, and improvement of areas of land or water adaptable as 
feeding, resting, or breeding places for wildlife, including 
acquisition of such areas or estates or interests therein as are 
suitable or capable of being made suitable therefor, and the 
construction thereon or therein of such works as may be necessary to 
make them available for such purposes and also including such research 
into problems of wildlife management as may be necessary to efficient 
administration affecting wildlife resources, and such preliminary or 
incidental costs and expenses as may be incurred in and about those 
projects.

Subpart B--State Fish and Wildlife Agency Eligibility


Sec.  80.10  Who is eligible to receive the benefits of the Acts?

    States acting through their fish and wildlife agencies are eligible 
for benefits of the Acts only if they pass and maintain legislation 
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.


Sec.  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 Sec.  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.


Sec.  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


Sec.  80.20  What does revenue from hunting and fishing licenses 
include?

    Hunting and fishing license revenue includes:
    (a) All proceeds from State-issued general or special hunting and 
fishing licenses, permits, stamps, tags, access and use fees, and other 
State charges to hunt or fish for recreational purposes. Revenue from 
licenses sold by vendors is net income to the State after deducting 
reasonable sales fees or similar amounts retained by vendors.
    (b) Real or personal property acquired with license revenue.
    (c) Income from the sale, lease, or rental of, granting rights to, 
or a fee for access to real or personal property acquired or 
constructed with license revenue.
    (d) Income from the sale, lease, or rental of, granting rights to, 
or a fee for access to a recreational opportunity, product, or 
commodity derived from real or personal property acquired, managed, 
maintained, or produced by using license revenue.
    (e) Interest, dividends, or other income earned on license revenue.
    (f) Reimbursements for expenditures originally paid with license 
revenue.
    (g) Payments received for services funded by license revenue.


Sec.  80.21  What if a State diverts license revenue from the control 
of its fish and wildlife agency?

    The Director may declare a State to be in diversion if it violates 
the requirements of Sec.  80.10 by diverting license revenue from the 
control of its fish and wildlife agency to purposes other than the 
agency's administration. The State is then ineligible to receive 
benefits under the relevant Act from the date the Director signs the 
declaration until the date the State resolves the diversion. Only the 
Director may declare a State to be in diversion, and only the Director 
may rescind the declaration.


Sec.  80.22  What must a State do to resolve a declaration of 
diversion?

    The State must complete the actions in paragraphs (a) through (e) 
of this section to resolve a declaration of diversion. The State must 
use a source of funds other than license revenue to fund the 
replacement of license revenue.
    (a) If necessary, the State must enact adequate legislative 
prohibitions to prevent diversions of license revenue.

[[Page 95609]]

    (b) The State fish and wildlife agency must replace all diverted 
funds derived from license revenue and the interest lost up to the date 
of repayment. The agency must update financial records for the receipt 
of the diverted funds and interest accordingly.
    (c) The agency must receive either the revenue earned from diverted 
property during the period of diversion or the current market rental 
rate of any diverted property, whichever is greater.
    (d) The agency must take one of the following actions to resolve a 
diversion of real, personal, or intellectual property:
    (1) Regain management control of the property, which must be in 
about the same condition as before diversion;
    (2) Receive replacement property that meets the criteria in 
paragraph (e) of this section; or
    (3) Receive an amount at least equal to the current market value of 
the diverted property only if the Director agrees that the actions 
described in paragraphs (d)(1) and (2) of this section are impractical.
    (e) To be acceptable under paragraph (d)(2) of this section:
    (1) Replacement property must have both:
    (i) Market value that at least equals the current market value of 
the diverted property; and
    (ii) Fish or wildlife benefits that at least equal those of the 
property diverted.
    (2) The Director must agree that the replacement property meets the 
requirements of paragraph (e)(1) of this section.


Sec.  80.23  Does a declaration of diversion affect a previous Federal 
obligation of funds?

    No. Federal funds obligated before the date that the Director 
declares a diversion remain available for expenditure without regard to 
the intervening period of the State's ineligibility. See Sec.  80.91 
for when a Federal obligation occurs.

Subpart D--Certifying License Holders


Sec.  80.30  Why must a State fish and wildlife agency certify the 
number of paid license holders?

    A State fish and wildlife agency must certify the number of 
individuals having paid licenses to hunt and paid licenses to fish 
because the Service uses these data in statutory formulas to apportion 
funds in the Wildlife Restoration and Sport Fish Restoration programs 
among the States.


Sec.  80.31  How does a State fish and wildlife agency certify the 
number of paid license holders?

    (a) A State fish and wildlife agency certifies the number of paid 
license holders by responding to the Director's annual request for the 
following information:
    (1) The number of individual paid hunting license holders in the 
State during the State-specified certification period (certification 
period); and
    (2) The number of individual paid fishing license holders in the 
State during the certification period.
    (b) The State fish and wildlife agency director or their designee:
    (1) Must certify the information described at paragraph (a) of this 
section in the format that the Director specifies;
    (2) Must provide documentation to support the accuracy of this 
information at the Director's request;
    (3) Is responsible for eliminating multiple counting of the same 
individuals in the information that they certify and may use 
statistical sampling, automated record consolidation, or other 
techniques approved by the Director for this purpose.
    (c) If a State fish and wildlife agency director uses statistical 
sampling to eliminate multiple counting of the same individuals, they 
must ensure that the sampling is complete by the earlier of the 
following:
    (1) Five years after the last statistical sample; or
    (2) Before completing the first certification following any change 
in the licensing system that could affect the number of license 
holders.


Sec.  80.32  What is the certification period?

    A certification period must:
    (a) Be 12 consecutive months;
    (b) Correspond to the State's fiscal year or license year;
    (c) Be consistent from year to year unless the Director approves a 
change; and
    (d) End at least 1 year and no more than 2 years before the 
beginning of the FFY in which the apportioned funds first become 
available for expenditure.


Sec.  80.33  How does a State fish and wildlife agency decide who to 
count as paid license holders in the annual certification?

    (a) A State fish and wildlife agency must count only those 
individuals who have a license issued:
    (1) In the license holder's name; or
    (2) With a unique identifier that is traceable to the license 
holder, who must be verifiable in State records.
    (b) An agency must count an individual in the annual certification:
    (1) Only once, and in the certification period in which the license 
first becomes valid, when holding a single-year license. A single-year 
license is valid for any length of time from 1 day to less than 2 
years. If valid 2 years or more, a license is considered a multiyear 
license and may be valid for a specific number of years that is 2 or 
more, or for the lifetime of the individual (see Sec.  80.35(d)).
    (2) Only for the number of years the license is valid and starting 
in the certification period in which the license first becomes valid, 
unless that year has already been certified in the case of multiyear 
licenses. An individual holding a multiyear license may be counted for 
only the number of years the license is valid and only during the 
applicable certification periods.
    (3) Only for the number of years allowed under Sec.  80.35, when 
holding a lifetime license.
    (c) An individual is counted as a valid license holder when meeting 
requirements at Sec.  80.34, even if the individual is not required to 
have a paid license.
    (d) An individual having more than one valid hunting license is 
counted only once each certification period as a hunter. An individual 
having more than one valid fishing license is counted only once each 
certification period as an angler. An individual having both a valid 
hunting license and a valid fishing license, or a valid combination 
hunting/fishing license, may be counted once each certification period 
as a hunter and once each certification period as an angler. The 
license holder may have voluntarily obtained the license(s) or was 
required to obtain the license(s) to receive a different privilege.
    (e) An individual who has a license that allows the license holder 
only to trap animals or only to engage in commercial fishing or other 
commercial activities must not be counted.


Sec.  80.34  Must a State fish and wildlife agency receive a minimum 
amount of revenue for each year a license holder is certified?

    (a) Yes. A State fish and wildlife agency must receive a minimum 
amount of gross revenue for each year a license holder is certified.
    (b) For the State fish and wildlife agency to certify a license 
holder, the agency must establish that it receives the following 
minimum gross revenue:
    (1) $2 for each year the license is certified, for either the 
privilege to hunt or the privilege to fish; or
    (2) $4 for each year the license is certified for a combination 
license that gives privileges to both hunt and fish.

[[Page 95610]]

Sec.  80.35  What additional options and requirements apply to 
multiyear licenses?

    In addition to the requirements at Sec.  80.34, the following 
provisions apply to multiyear licenses:
    (a) An agency may spend the proceeds derived from a multiyear 
license fee as soon as the agency receives payment.
    (b) A multiyear license may be valid for either a specific or 
indeterminate number of years, but it must be valid for at least 2 
years.
    (c) The agency may count a license holder for the number of 
certification periods for which all the following requirements are met:
    (1) The license holder meets all other requirements of this 
subpart;
    (2) The license is currently valid;
    (3) The agency received the minimum required revenue for each 
certification period during the duration of the license, in the case of 
a multiyear license with a specified ending date;
    (4) The license holder remains alive (see paragraph (d) of this 
section), in the case of a lifetime license or other license with no 
specified ending date; and
    (5) If the license is valid for less than the number of years that 
it meets the minimum required revenue, or the license exceeds the life 
expectancy of the holder, the agency may count the license holder only 
for the number of years during which all certification requirements are 
met. For example, an agency may count for 12 certification periods a 
license holder who purchased a single-privilege, multiyear license that 
sells for $25 and is valid for at least 12 years.
    (d) The agency must use and document a reasonable technique for 
deciding how many multiyear-license holders remain alive in the 
certification period. Some examples of reasonable techniques are 
specific identification of license holders, statistical sampling, life-
expectancy tables, and mortality tables. The agency may instead use 80 
years of age as a default for life expectancy.
    (e) For currently valid multiyear licenses sold prior to September 
26, 2019 (the effective date of the rule promulgated at 84 FR 44772, 
August 27, 2019), an agency may apply the provisions of Sec.  80.34 to 
those multiyear licenses under the following situations:
    (1) All the requirements in paragraph (c) of this section are met.
    (2) The agency may count a multiyear license holder only once in 
any certification period (see Sec.  80.33) when the license holder 
purchased another license with the same privilege within an allowable 
future certification period.
    (3) An agency must count the license holder only for the 
appropriate number of current or future certification periods. The 
provisions of Sec.  80.34 are not retroactive to past certification 
periods.
    (4) For an illustration of the applications provided in this 
paragraph (e), see table 1 to paragraph (e):

 Table 1 to Paragraph (e)--Scenarios for Counting License Holders Under
           the Requirements for Gross Revenue at Sec.   80.34
  [For use in counting valid multiyear licenses sold prior to September
                                26, 2019]
------------------------------------------------------------------------
               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  The agency invested the funds
 to count the license during only one     into an annuity that produced
 certification period based on the        enough income to allow the
 regulations promulgated in 2014.         license holder to be counted
                                          in all certification periods
                                          since the date of the license
                                          sale.
Applying the standard at Sec.            Applying the standard at Sec.
 80.34(b)(1) to the original license      80.34(b)(1) to the original
 cost results in a potential for 50       license cost results in a
 certification periods ($100/$2 per       potential for 50 certification
 year = 50).                              periods ($100/$2 per year =
                                          50).
After subtracting the 1 certification    After subtracting the 6 (2014-
 period that was already counted, 49      2019) certification periods
 potential certification periods remain.  already counted, 44 potential
                                          certification periods remain.
Because the license is valid for only    Because the license is valid
 10 years, and through 2023, under        for only 10 years, under
 scenario 1 the agency could count the    scenario 2 the agency could
 license holder only from 2019 through    count the license holder in an
 the end of the term of the license       additional four (2020-2023)
 (2023) or an additional five             certification periods.
 certification periods.
------------------------------------------------------------------------

Sec.  80.36  May a State fish and wildlife agency count license holders 
in the annual certification if the agency receives funds from the State 
or other entity to cover the holders' license fees?

    If a State fish and wildlife agency receives funds from the State 
or other entity to cover fees for some license holders, the agency may 
count those license holders in the annual certification only under the 
following conditions:
    (a) The State funds to cover license fees must come from a source 
other than hunting- and fishing-license revenue.
    (b) The State must identify funds to cover license fees separately 
from other funds provided to the agency.
    (c) The State fish and wildlife agency must receive at least the 
average amount of State-provided discretionary funds that it received 
for the administration of the State's fish and wildlife agency during 
the State's 5 previous fiscal years.
    (1) State-provided discretionary funds are those from the State's 
general fund that the State may increase or decrease if it chooses to 
do so.
    (2) Some State-provided funds are from special taxes, trust funds, 
gifts, bequests, or other sources specifically dedicated to the support 
of the State fish and wildlife agency. These funds typically fluctuate 
annually due to interest rates, sales, or other factors. They are not 
discretionary funds for purposes of this part as long as the State does 
not take any action to reduce the amount available to its fish and 
wildlife agency.
    (d) The State fish and wildlife agency must receive and account for 
the State or other entity funds as license revenue.
    (e) The State fish and wildlife agency must issue licenses in the 
license holder's name or by using a unique identifier that is traceable 
to the license holder, who is verifiable in State records.
    (f) The license fees must meet all other requirements in this part.


Sec.  80.37  May the State fish and wildlife agency certify a license 
sold at a discount?

    Yes. A State fish and wildlife agency may certify a license that is 
sold at a discount if the agency meets the rules for minimum gross 
revenue at Sec.  80.34.

[[Page 95611]]

Sec.  80.38  May a State fish and wildlife agency certify a license 
when an entity other than the agency offers a discount on a license or 
offers a free license?

    A State fish and wildlife agency may certify a license when an 
entity other than the agency offers a license that costs less than the 
regulated price only if:
    (a) The license is issued to the individual according to the 
requirements at Sec.  80.33;
    (b) The amount received by the agency meets all other requirements 
in this subpart; and
    (c) The license meets any other conditions required by the agency.


Sec.  80.39  What must a State fish and wildlife agency do if it 
becomes aware of errors in its certified license data?

    A State fish and wildlife agency must submit revised certified data 
on license holders within 90 days after it becomes aware of errors in 
its certified data. The State may become ineligible to participate in 
the benefits of the relevant Act if the State becomes aware of errors 
in its certified data and does not resubmit accurate certified data 
within 90 days.


Sec.  80.40  May the Service recalculate an apportionment if a State 
fish and wildlife agency submits revised data?

    The Service may recalculate an apportionment of funds based on 
revised certified license data under the following conditions:
    (a) If the Service receives revised certified data for a pending 
apportionment before the Director approves the final apportionment, the 
Service may recalculate the pending apportionment.
    (b) If the Service receives revised certified data for an 
apportionment after the Director has approved the final version of that 
apportionment, the Service may recalculate the apportionment only if it 
would not reduce funds to other State fish and wildlife agencies.


Sec.  80.41  May the Director correct a Service error in apportioning 
funds?

    Yes. The Director may correct any error that the Service makes in 
apportioning funds.

Subpart E--Eligible Activities


Sec.  80.50  What activities are eligible for funding under the 
Wildlife Restoration Act?

    The following activities are eligible for funding in these programs 
and subprograms under the Wildlife Restoration Act:
    (a) Traditional Wildlife Restoration program. The following 
wildlife restoration projects and other associated activities are 
eligible for funding under apportionments authorized at 16 U.S.C. 
669c(b).
    (1) Restoring and managing wildlife for the benefit of the public.
    (2) Conducting research on the problems of managing wildlife and 
its habitat if necessary to administer wildlife resources efficiently. 
This research may include social science activities.
    (3) Obtaining data to guide and direct the regulation of hunting.
    (4) Acquiring real property suitable or capable of being made 
suitable for:
    (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 Sec.  80.60 when combining up to 
10 percent of annually apportioned Traditional Wildlife Restoration 
funds (16 U.S.C. 669c(b)) with Enhanced Hunter Education and Safety 
funds (16 U.S.C. 669h-1). When Traditional Wildlife Restoration funds 
are committed to the Wildlife Restoration for Public Target Ranges 90/
10/5 subaccount, they are no longer eligible for Traditional Wildlife 
Restoration activities.
    (8) Communicating with the public (see Sec.  80.52(h)), including:
    (i) Outreach and sharing information on award activities, 
accomplishments, performance, or other communication related to meeting 
the objectives of an award;
    (ii) Providing the public with information on Wildlife Management 
Areas; public access for hunting or other wildlife-associated 
recreation; notices on safety, rule changes, and topics of interest to 
the public related to wildlife management; and other opportunities 
available to the public as a result of a Traditional Wildlife 
Restoration award;
    (iii) Liaising with the media or other venues to provide public 
information related to the objectives of an award; or
    (iv) Other forms of communication that support a State's wildlife 
restoration and management objectives in an award.
    (9) Public relations, advertising as a form of outreach, and 
marketing that are associated with achieving eligible objectives 
require prior approval of the Service. These activities are allowable 
only when included in the approach of an approved award to accomplish 
eligible activities and meet award objectives. Communication that 
solely benefits the agency is unallowable public relations and is not 
eligible for funding under the Act.
    (b) Basic Hunter Education and Safety subprogram and Hunter 
Recruitment and Recreational Shooter Recruitment. (1) The following 
activities are eligible under the Basic Hunter Education and Safety 
subprogram for activities authorized at 16 U.S.C. 669g(b):
    (i) Teaching the skills, knowledge, and attitudes necessary to be a 
responsible hunter.
    (ii) Developing and improving access to public target ranges by:
    (A) Acquiring real property suitable or capable of being made 
suitable for public target ranges, including through licenses or third-
party binding agreements that provide assurances for public access (see 
Sec.  80.58).
    (B) Constructing, upgrading, or restoring public target ranges to a 
useful condition.
    (C) Operating or maintaining public target ranges.
    (D) Acquiring land for, expanding, or constructing public target 
ranges as 90/10/5 projects following Sec. Sec.  80.60 and 80.62.
    (E) Constructing, operating, or maintaining educational facilities 
to support Hunter Education.
    (2) The following activities are eligible when directly supporting 
recruiting, retaining, or reactivating hunters or recreational shooters 
(R3), as authorized at 16 U.S.C. 669c(c)(4).
    (i) Communicating with hunters, recreational shooters, and the 
public about hunting and recreational shooting and associated 
opportunities by:
    (A) Promoting conservation and the responsible use of the wildlife 
resources of the United States as part of an effort to recruit, retain, 
or reactivate hunters or recreational shooters.
    (B) Promoting a State's R3 program, special events, and 
opportunities.
    (C) Providing outreach on public target range availability, access, 
and locations.

[[Page 95612]]

    (D) Marketing, publications, press releases, and media relations 
for content directly related to R3 activities.
    (ii) Interpreting, translating, printing, or disseminating 
published State hunting regulations to inform and educate the public 
about their responsibilities to comply with laws, orders, and 
regulations.
    (iii) Using a State fish and wildlife agency's website, cell phone 
or software products, online support systems, or other appropriate 
communication tools to engage the public in activities supporting a 
State's R3 efforts (see Sec.  80.55(c) for exclusions related to 
income-producing activities).
    (iv) Supporting the scope and impact of a State's R3 program by:
    (A) Reducing barriers to hunting and recreational shooting 
opportunities;
    (B) Furthering safety in hunting and recreational shooting;
    (C) Providing education, mentoring, field demonstrations, and other 
similar opportunities to recruit, retain, or reactivate hunters or 
recreational shooters;
    (D) Constructing, operating, or maintaining educational facilities 
to the extent they support R3 activities;
    (E) Supporting programs for hunting or recreational shooting that 
have been developed or are delivered by other entities; and
    (F) Offering activities that support R3 for youth and beginner 
hunters or recreational shooters, such as R3 camps and mentoring 
programs.
    (v) Constructing, operating, or maintaining public target ranges, 
including mobile public target ranges.
    (vi) Educating the public about the role of hunting and 
recreational shooting in funding wildlife conservation.
    (vii) Supplying services that support R3 activities, such as hunt 
guides, trainers for shooting, and celebrity endorsements.
    (viii) Acquiring supplies that enhance the experience and skills 
for hunters and recreational shooters.
    (ix) Engaging in other allowable activities that directly support 
recruiting, retaining, or reactivating hunters or recreational 
shooters.
    (c) Enhanced Hunter Education and Safety program. The following 
activities are eligible under Enhanced Hunter Education and Safety for 
activities authorized at 16 U.S.C. 669h-1:
    (1) Enhancing programs for hunter education, hunter development, 
and firearm and archery safety. Hunter-development programs introduce 
individuals to and recruit them to take part in hunting, bow hunting, 
target shooting, or archery.
    (2) Enhancing interstate coordination and developing hunter-
education and public target range programs.
    (3) Enhancing programs for education, safety, or development of 
firearm and bow hunters and recreational shooters.
    (4) Enhancing development, construction, upgrades, rehabilitation, 
and improved safety features at public target ranges.
    (5) Acquiring real property suitable or capable of being made 
suitable for public target ranges.
    (6) Enhancing operation and maintenance of public target ranges.
    (7) Enhancing access for hunting and recreational shooting 
opportunities.
    (8) Acquiring land for, expanding, or constructing public target 
ranges following the regulations at Sec.  80.60.
    (9) Enhancing the hunter and recreational shooter R3 activities 
listed at paragraph (b)(2) of this section.


Sec.  80.51  What activities are eligible for funding under the Sport 
Fish Restoration Act?

    The following activities are eligible for funding in these programs 
and subprograms under the Sport Fish Restoration Act:
    (a) Sport Fish Restoration program. The following fish restoration 
and management projects and other associated activities are eligible 
for funding under apportionments authorized at 16 U.S.C. 777c(c)(1).
    (1) Restoring and managing sport fish for the benefit of the 
public.
    (2) Conducting research on the problems of managing fish and their 
habitat and the problems of fish culture if necessary to administer 
sport fish resources efficiently. This research may include social 
science activities.
    (3) Obtaining data to guide and direct the regulation of fishing. 
These data may be on:
    (i) Size and geographic range of sport fish populations;
    (ii) Changes in sport fish populations due to fishing, other human 
activities, or natural causes; and
    (iii) Effects of any measures or regulations applied.
    (4) Developing and adopting plans to restock sport fish and forage 
fish in the natural areas or districts covered by the plans and obtain 
data to develop, carry out, and test the effectiveness of the plans.
    (5) 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 Sec.  80.52(h)) to include:
    (i) Conducting outreach and sharing information on award 
activities, accomplishments, performance, or other communication 
related to meeting the objectives of an award;
    (ii) Providing the public with information on sport fish management 
areas; public access for fishing or other sport fish-associated 
recreation; notices on safety, rule changes, and topics of interest to 
the public related to sport fish management; and other opportunities 
available to the public as a result of a Sport Fish Restoration award;
    (iii) Liaising with the media or other venues to provide public 
information related to the objectives of an award; or
    (iv) Engaging in other forms of communication that support a 
State's sport fish restoration and management objectives in an award.
    (11) Conducting public relations, advertising as a form of 
outreach, and marketing that are associated with achieving eligible 
objectives require prior approval of the Service. These activities are 
allowable only when included in the approach of an approved award to 
accomplish eligible activities and meet award objectives. Communication 
that solely benefits the

[[Page 95613]]

agency is unallowable public relations and is not eligible for funding 
under the Act.
    (b) Sport Fish Restoration--Recreational Boating Access subprogram. 
(1) Conducting projects and activities that may include those for 
motorized or nonmotorized vessels and users.
    (2) Acquiring real property, including water rights, suitable or 
capable of being made suitable for:
    (i) Building, renovating, or improving facilities to create or 
enhance public access to the waters of the United States;
    (ii) Improving the suitability of these waters for recreational 
boating; or (iii) Providing benefits for recreational boating.
    (3) Constructing a broad range of recreational boating access 
facilities that also may provide services or amenities to recreational 
boaters. ``Facilities'' includes auxiliary structures necessary to 
ensure safe use of recreational boating access facilities.
    (4) Conducting surveys to determine the adequacy, number, location, 
and quality of facilities providing access to recreational waters for 
all sizes of recreational boats.
    (5) Developing new, or redeveloping or expanding existing, boating 
access sites.
    (c) Sport Fish Restoration--Aquatic Resource Education subprogram. 
Enhancing the public's understanding of water resources, aquatic life 
forms, and sport fishing, and developing responsible attitudes and 
ethics toward the aquatic environment.
    (d) Sport Fish Restoration--State Outreach and Communications 
subprogram. (1) Improving communications with anglers, boaters, and the 
public on sport fishing and boating opportunities.
    (2) Interpreting, translating, printing, or disseminating published 
State fishing regulations to inform and educate the public about their 
responsibilities to comply with laws, orders, and regulations.
    (3) Increasing participation in sport fishing and boating through 
R3 programs and activities.
    (4) Advancing the adoption of sound fishing and boating practices 
including safety.
    (5) Promoting conservation and responsible use of the aquatic 
resources of the United States.


Sec.  80.52  What activities are eligible for funding under all 
programs and subprograms under the Acts?

    The following activities, when supporting other eligible activities 
under a program or subprogram and costs are allocated to the 
appropriate funding source, are eligible for funding:
    (a) Conducting planning and compliance activities such as 
engineering, designing, surveying, obtaining permits or appraisals, and 
conducting environmental and archeological assessments.
    (b) Engaging in oversight activities related to an award, such as:
    (1) Monitoring, evaluating, and reporting;
    (2) Investigating noncompliance or diversions; and
    (3) Protecting property rights for real property that is carrying 
out the purposes of the Acts.
    (c) Maintaining and operating facilities and equipment under the 
ownership or management control of the State fish and wildlife agency, 
or under a third-party binding agreement, that support eligible 
activities under the Wildlife Restoration Act or Sport Fish Restoration 
Act.
    (d) Covering costs associated with State electronic data systems 
(SEDS), when appropriately allocated and approved by the Service. A 
SEDS is an electronic system used by a State fish and wildlife agency 
to sell licenses or support other financial transactions, collect and 
manage data, and communicate information. The functions and abilities 
of a SEDS may vary depending on the State fish and wildlife agency 
needs and organization.
    (e) Administering awards (see also Sec.  80.54) and coordinating 
awards in associated programs and subprograms.
    (f) Providing technical assistance.
    (g) Making payments in lieu of taxes on real property under the 
control of the State fish and wildlife agency when the payment is:
    (1) Required by State or local law; and
    (2) Required for all State lands, including those acquired with 
Federal funds and those acquired with non-Federal funds.
    (h) Communicating with the public on eligible activities in an 
award, when allowable under 2 CFR part 200, subpart E. This 
communication may include using various forms of media and technology 
and does not require prior approval (see also Sec. Sec.  80.50(a)(8) 
and 80.51(a)(10)).
    (i) Advertising (see 2 CFR 200.421) to hire personnel for eligible 
activities, for procuring goods or services for an eligible activity, 
or to inform the public or a target audience about events or 
opportunities that support purposes of the Acts.


Sec.  80.53  May an activity be eligible for funding if it is not 
explicitly eligible according to the regulations in this part?

    Yes. An activity may be eligible for funding even if the 
regulations in this part do not explicitly designate it as an eligible 
activity if:
    (a) The State fish and wildlife agency justifies in the project 
statement how the activity will help carry out the purposes of the 
program or subprogram under the Wildlife Restoration Act or the Sport 
Fish Restoration Act;
    (b) The activities are allowable under 2 CFR part 200; and
    (c) The Regional Director concurs with the justification.


Sec.  80.54  Are costs of State central services eligible for funding?

    Yes. Administrative costs in the form of overhead or indirect costs 
for State central services outside of the State fish and wildlife 
agency are eligible for funding under the Acts and must follow an 
approved cost-allocation plan. These expenses must not exceed 3 percent 
of the funds apportioned annually to the State under the Acts.


Sec.  80.55  What activities are ineligible for funding?

    The following activities are ineligible for funding under the Acts, 
except when necessary to carry out project purposes approved by the 
Regional Director:
    (a) Law enforcement activities (see definition at Sec.  80.2).
    (b) The formal administrative process for establishing State fish 
and wildlife agency regulations. This process:
    (1) Begins when boards, commissions, or other policymakers receive 
information and recommendations from State fish and wildlife agencies 
and use this input to develop and implement public policy.
    (2) Involves official filing and publication of regulations, 
including State administrative procedures to officially adopt rules and 
laws to meet authoritative requirements.
    (3) Includes printing and distributing the official code of 
regulations, or State equivalent, except as provided for under 
Sec. Sec.  80.50(b)(2)(ii) and 80.51(d)(2) (which pertains to the 
agency's interpretive guides and regulatory resources for the public) 
for the purposes of R3.
    (c) License sales and other activities conducted for the primary 
purpose of producing income. These activities include processes and 
procedures directly related to the sale of items listed at Sec.  
80.20(a).
    (d) Activities, projects, or programs that promote or encourage 
opposition to the regulated taking of fish, hunting, or the trapping of 
wildlife.

[[Page 95614]]

    (e) Activities or projects that do not provide public access when 
access is a purpose of the funding or an objective of the award (see 
Sec.  80.58).


Sec.  80.56  May a State fish and wildlife agency receive an award to 
carry out part of a larger project?

    Yes. A State fish and wildlife agency may receive an award to carry 
out part of a larger project that uses funds unrelated to the award. 
The part of the larger project funded by the award must:
    (a) Result in an identifiable outcome consistent with the purposes 
of the grant program;
    (b) Be substantial in character and design (see Sec.  80.57);
    (c) Meet the requirements of Sec. Sec.  80.130 through 80.137 for 
any real property acquired under the award and any capital improvements 
completed under the award; and
    (d) Meet all other requirements of the grant program.


Sec.  80.57  How does a proposed project qualify as substantial in 
character and design?

    A proposed project qualifies as substantial in character and design 
if it:
    (a) Describes a need consistent with the Acts;
    (b) States a purpose and sets objectives, both of which are based 
on the need;
    (c) Uses a planned approach, appropriate procedures, and accepted 
principles of fish and wildlife conservation and management, research, 
construction, wildlife- and fish-associated-recreation participation 
and access, communication, education, or other eligible purposes; and
    (d) Is cost effective.


Sec.  80.58  What are public access requirements for activities in an 
approved award under the Wildlife Restoration or Sport Fish Restoration 
programs?

    (a) Public access is required for some eligible activities (see 
Sec. Sec.  80.50 and 80.51) when supporting the purpose of an award.
    (b) The State fish and wildlife agency has the authority, within 
the purposes of the Acts, to establish parameters for public access and 
may limit or restrict public access when the management of natural 
resources and public access are not compatible. Additionally, the 
agency may limit or restrict public access when the funded project or 
facility is closed for business or temporarily closed due to an 
emergency, repairs, construction, or as a safety precaution.
    (c) When public access is required for projects and facilities that 
are under the ownership or management control of a third party, the 
State fish and wildlife agency, following its own State laws and 
processes, must ensure a legally binding instrument setting forth the 
terms and conditions, such as a subaward or third-party agreement, is 
in place as follows:
    (1) The instrument must be sufficient to ensure public access is 
provided as expected by the agency and described in the approved award 
from the Service.
    (2) The third-party binding agreement must include or reference 
agency approval for reasonable fees, any rules and requirements for 
use, circumstances for temporary closure or reduction to public access, 
duration of the agreement and any useful life expectations, and 
procedures for any modifications to the agreement.
    (3) The Service does not have authority to approve or reject a 
State's third-party binding agreement but will include a special award 
term and condition to require minimum standards and that third-party 
binding agreements be maintained in agency award files and provided to 
the Service, upon request, for all awards where funds under the Acts 
are being used for renovating, constructing, operating, or maintaining 
property that a third party owns or controls.

Subpart F--Allocation of Funds by an Agency


Sec.  80.60  What is the relationship between the Traditional Wildlife 
Restoration Program, the Basic Hunter Education and Safety subprogram, 
and the Enhanced Hunter Education and Safety program for acquiring land 
for, expanding, or constructing public target ranges?

    (a) The Target Practice and Marksmanship Training Support Act (Pub. 
L. 116-17, March 10, 2019) amended the Wildlife Restoration Act (16 
U.S.C. 669 et seq.) to include activities for acquiring land for, 
expanding, or constructing public target ranges but does not authorize 
any new sources of funding. The law became effective for States 
beginning October 1, 2019.
    (b) When a State fish and wildlife agency allocates funds to 
activities for acquiring land for, expanding, or constructing public 
target ranges under this law, it may apply a 90 percent Federal/10 
percent non-Federal cost share and funds are available for obligation 
up to 5 years, beginning October 1 of the year the funds first become 
available. We abbreviate this funding method as ``90/10/5.''
    (c) An agency may allocate annually apportioned funds for 90/10/5 
activities from the Traditional Wildlife Restoration program (not to 
exceed 10 percent), Basic Hunter Education and Safety subprogram (any 
amount from 0 up to 100 percent), and/or Enhanced Hunter Education and 
Safety program (any amount from 0 up to 100 percent) to projects for 
acquiring land for, expanding, or constructing public target ranges. 
There is no requirement for States to allocate any amount of funds to 
90/10/5 activities.
    (d) When using up to 10 percent of annually apportioned Traditional 
Wildlife Restoration program funds for 90/10/5 activities, the funds 
must be allocated to the designated subaccount and must be used only 
for eligible 90/10/5 purposes. Some amount of available Enhanced Hunter 
Education and Safety program funds, at least $1, must be combined with 
the Traditional Wildlife Restoration program funds allocated to 90/10/5 
activities.
    (e) An agency must allocate funds to a 90/10/5 subaccount within 
the FFY that funds are first apportioned. Funds allocated to a 90/10/5 
subaccount during a prior FFY must remain in that 90/10/5 subaccount 
for obligation during the period of availability and until expended.
    (f) Acquiring land for, expanding, or constructing public target 
ranges may also be accomplished, in total or when combined with 90/10/5 
funds, using funds under the Basic Hunter Education and Safety 
subprogram, the Enhanced Hunter Education and Safety program, or both, 
but the agency must apply cost share and period of availability 
according to table 1 to Sec.  80.61.


Sec.  80.61  What sources of funding in the Wildlife Restoration Act 
may a State fish and wildlife agency use to support public target range 
projects, and may funds from multiple sources be used in a single 
award?

    Table 1 to Sec.  80.61 describes the sources of funding available 
for public target range projects and identifies their subaccount 
number. The Service uses subaccounts in the Department of the 
Interior's financial management system, the Financial and Business 
Management System or FBMS, to administer the specific use requirements 
for program and subprogram funding sources under the Acts. A State fish 
and wildlife agency may combine funds from multiple sources within the 
Act for eligible public target range activities. Your Regional Wildlife 
and Sport Fish Restoration Program Office can provide technical 
assistance on best practices for allocating costs to multiple eligible 
funding sources.

[[Page 95615]]



                                                                 Table 1 to Sec.   80.61
[BHE = Basic Hunter Education and Safety subprogram; EHE = Enhanced Hunter Education and Safety program; TWR = Traditional Wildlife Restoration program]
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                                                                                                                                    Eligible activities
         Program/subprogram          Funding source; method   Period available for         Cost share             Conditions         described in this
                                                                   obligation                                                             part at:
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                                                        Options for Funding Public Target Ranges
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Traditional Wildlife Restoration     16 U.S.C. 669c(b);      2 years...............  75 percent Federal/25  May use apportioned    Sec.   80.50(a).
 program (Subaccount 5222).           apportioned.                                    percent non-Federal.   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.
Traditional Wildlife Restoration     16 U.S.C. 669c(b);      5 years...............  90 percent Federal/10  May allocate up to 10  Sec.  Sec.
 program for Public Target Ranges     allocated by an                                 percent non-Federal.   percent of TWR funds   80.50(a)(7) and
 (90/10/5) (Subaccount 5252).         agency from TWR funds.                                                 during the year        80.60.
                                                                                                             apportioned to be
                                                                                                             combined with at
                                                                                                             least $1 of EHE
                                                                                                             funds for acquiring
                                                                                                             land for, expanding,
                                                                                                             or constructing
                                                                                                             public target ranges.
Basic Hunter Education and Safety    16 U.S.C. 669c(c);      2 years...............  75 percent Federal/25  May allocate up to     Sec.   80.50(b)(1).
 program for activities described     apportioned.                                    percent non-Federal.   100 percent of
 at 16 U.S.C. 669g(b) (Subaccount                                                                            apportioned funds
 5221).                                                                                                      for acquiring land
                                                                                                             for, constructing,
                                                                                                             operation of, and
                                                                                                             maintenance for
                                                                                                             public target
                                                                                                             ranges; does not
                                                                                                             have to be part of a
                                                                                                             hunter education
                                                                                                             program.
Activities for hunter recruitment    16 U.S.C. 669c(c);      2 years...............  75 percent Federal/25  May be used for        Sec.   80.50(b)(2).
 and recreational shooter             assigned by an agency                           percent non-Federal.   constructing public
 recruitment as described at 16       from BHE funds.                                                        target ranges or
 U.S.C. 669c(c)(4) (Subaccount                                                                               other eligible
 5221).                                                                                                      public target range
                                                                                                             activities that
                                                                                                             directly support R3.
Basic Hunter Education and Safety    16 U.S.C. 669c(c);      5 years...............  90 percent Federal/10  May allocate up to     Sec.  Sec.
 subprogram for Public Target         allocated by an                                 percent non-Federal.   100 percent of         80.50(b)(1)(ii)(E)
 Ranges (90/10/5) (Subaccount 5251).  agency from BHE funds.                                                 apportioned funds      and 80.60.
                                                                                                             for acquiring land
                                                                                                             for, expanding, or
                                                                                                             constructing a
                                                                                                             public target range.
Enhanced Hunter Education and        16 U.S.C. 669h-1;       1 year................  75 percent Federal/25  May allocate up to     Sec.   80.50(c).
 Safety program (Subaccount 5231).    apportioned.                                    percent non-Federal.   100 percent of
                                                                                                             apportioned funds
                                                                                                             for acquiring land
                                                                                                             for, constructing,
                                                                                                             developing, or
                                                                                                             improving safety
                                                                                                             features at public
                                                                                                             target ranges.
Enhanced Hunter Education and        16 U.S.C. 669h-1;       5 years...............  90 percent Federal/10  May allocate up to     Sec.  Sec.
 Safety program for Public Target     allocated by an                                 percent non-Federal.   100 percent of         80.50(c)(9) and
 Ranges (90/10/5) (Subaccount 5241).  agency from EHE funds.                                                 apportioned funds      80.60.
                                                                                                             for acquiring land
                                                                                                             for, expanding, or
                                                                                                             constructing a
                                                                                                             public target range.
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Sec.  80.62  What are eligible and ineligible 90/10/5 activities?

    (a) The following are eligible 90/10/5 activities:
    (1) Acquiring real property suitable or capable of being made 
suitable for constructing or expanding public target ranges (see 
subpart J of this part).
    (2) Acquiring title to real property with an existing target range 
when the acquisition will increase public access or includes 
construction or expansion activities on the existing target range.
    (3) Constructing a public target range on land owned or under 
management control of the State fish and wildlife agency. Construction 
may occur on land when title is held by a third party provided the 
agency holds a lease or other third-party binding agreement under State 
law that ensures the terms and conditions of the award will be met.
    (4) Constructing or acquiring a mobile public target range.
    (5) Expanding the physical footprint or configuration of an 
existing public target range in a manner that increases range capacity 
to accommodate more participants, provides additional range activities 
or functions, or physically modifies to accommodate all participants, 
regardless of ability. Examples include adding more lanes at a range, 
adding structures that provide access that is compliant with the 
Americans With Disabilities Act (42 U.S.C. 12101 et seq.), and 
expanding the facility to provide new opportunities that did not exist 
before, such as adding an archery range to a former firearm-only 
facility.
    (6) Coordinating 90/10/5 awards that directly support acquiring 
land for, constructing, or expanding public target ranges through 
necessary activities that

[[Page 95616]]

address planning, compliance, appraisals, engineering, and 
administering a project.
    (7) Auxiliary activities and amenities that support the primary 
project and are necessary to the public's ability to fully utilize the 
public target range. Examples include public restrooms, storage 
facilities, protective bunkers and barriers, signs and markers, roads 
and parking areas, and utilities.
    (8) Improvements may be approved if they are needed to prevent a 
public target range facility from becoming inoperable or suffering from 
significant diminished capacity. Consult with your Regional Wildlife 
and Sport Fish Restoration Program Office.
    (9) Constructing or expanding public target range projects on 
federally owned land.
    (b) The following are ineligible 90/10/5 activities:
    (1) Operations at a public target range.
    (2) Maintenance at a public target range, unless necessary for 
completing a project for constructing or expanding a public target 
range.
    (3) Construction that is not to build a new or expand an existing 
public target range. This includes auxiliary activities and amenities 
not associated with an approved new or expansion project.
    (4) Long-term monitoring of a public target range facility.
    (5) Activities that do not provide or support new or increased 
physical capacity for public target ranges.


Sec.  80.63  What exception is provided for Enhanced Hunter Education 
and Safety program funds in relation to Basic Hunter Education and 
Safety program funds?

    (a) If Basic Hunter Education and Safety program funds are fully 
obligated for activities listed at Sec.  80.50(b)(1) (see 16 U.S.C. 
669g(b)), the State fish and wildlife agency may use Enhanced Hunter 
Education and Safety program funds for Enhanced Hunter Education and 
Safety program eligible activities or may allocate any portion of that 
FFY's Enhanced Hunter Education and Safety program funds to any 
eligible activity under the Wildlife Restoration Act.
    (b) If Basic Hunter Education and Safety program funds are used for 
R3 activities listed at Sec.  80.50(b)(2), the exception set forth at 
paragraph (a) of this section does not apply and Enhanced Hunter 
Education and Safety program funds must be used for Enhanced Hunter 
Education and Safety program activities.


Sec.  80.64  What requirements apply to funds for the Recreational 
Boating Access subprogram?

    The requirements of this section apply to allocating and obligating 
funds for the Recreational Boating Access subprogram.
    (a) A State fish and wildlife agency must allocate funds from 
annual apportionments under the Sport Fish Restoration Act for use in 
the subprogram.
    (b) Over each 5-year period, the total allocation for the 
subprogram in each of the Service's geographic regions must average at 
least 15 percent of the Sport Fish Restoration funds apportioned to the 
States in that Region. If this requirement is met, an individual State 
fish and wildlife agency may allocate more or less than 15 percent of 
its annual apportionment.
    (c) The Regional Director calculates regional allocation averages 
for separate 5-year periods that coincide with FFYs 2023-2027, 2028-
2032, 2033-2037, and each subsequent 5-year period.
    (d) If the total regional allocation for a 5-year period is less 
than 15 percent, the State agencies may, in a memorandum of 
understanding, agree among themselves which of them will make the 
additional allocations to eliminate the regional shortfall.
    (e) The regulations in this paragraph (e) apply if State fish and 
wildlife agencies in a Service region do not agree on which of them 
will make additional allocations to bring the average regional 
allocation to at least 15 percent over a 5-year period. If the agencies 
do not agree:
    (1) The Regional Director may require States in the region to make 
changes needed to achieve the minimum 15-percent regional average 
before the end of the fifth year; and
    (2) The Regional Director must not require a State to increase or 
decrease its allocation if the State has allocated at least 15 percent 
over the 5-year period.
    (f) A Federal obligation of these allocated funds must occur by the 
end of the fourth consecutive FFY after the FFY in which the funds 
first became available for allocation.
    (g) If the agency's application to use these funds has not led to a 
Federal obligation by that time, these allocated funds become available 
for reapportionment among the State fish and wildlife agencies for the 
following FFY.


Sec.  80.65  What limitations apply to spending on the Aquatic Resource 
Education and the State Outreach and Communications subprograms?

    The limitations in this section apply to State fish and wildlife 
agency spending on the Aquatic Resource Education and State Outreach 
and Communications subprograms.
    (a) Each State's fish and wildlife agency may spend a maximum of 15 
percent of the annual amount apportioned to the State from the Sport 
Fish Restoration and Boating Trust Fund for activities in both 
subprograms. The 15-percent maximum applies to both subprograms as if 
they were one.
    (b) The 15-percent maximum for the subprograms does not apply to 
the Commonwealths of Puerto Rico and the Northern Mariana Islands, the 
District of Columbia, and the Territories of Guam, the U.S. Virgin 
Islands, and American Samoa. These jurisdictions may spend more than 15 
percent of their annual apportionments for both subprograms with the 
approval of the Regional Director.


Sec.  80.66  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.


Sec.  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.


Sec.  80.68  Must a State fish and wildlife agency allocate funds 
between marine and freshwater fisheries projects?

    Yes. Each coastal State's fish and wildlife agency must equitably 
allocate the funds apportioned under the Sport Fish Restoration Act 
between projects with benefits for marine fisheries and projects with 
benefits for freshwater fisheries.
    (a) The subprograms authorized by the Sport Fish Restoration Act do 
not have to allocate funding in the same manner if the State fish and 
wildlife agency allocates Sport Fish Restoration

[[Page 95617]]

funds equitably between marine and freshwater fisheries.
    (b) The coastal States for purposes of this allocation are:
    (1) Alabama, Alaska, California, Connecticut, Delaware, Florida, 
Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, 
Mississippi, New Hampshire, New Jersey, New York, North Carolina, 
Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington;
    (2) The Commonwealths of Puerto Rico and the Northern Mariana 
Islands; and
    (3) The Territories of Guam, the U.S. Virgin Islands, and American 
Samoa.


Sec.  80.69  What requirements apply to allocation of funds between 
marine and freshwater fisheries projects?

    The requirements of this section apply to allocation of funds 
between marine and freshwater fisheries projects.
    (a) When a State fish and wildlife agency allocates funds, it must 
meet the following requirements:
    (1) The ratio of total funds allocated for marine fisheries 
projects to total funds allocated for marine and freshwater fisheries 
projects combined must equal the ratio of resident marine anglers to 
the total number of resident anglers in the State; and
    (2) The ratio of total funds allocated for freshwater fisheries 
projects to total funds allocated for marine and freshwater fisheries 
projects combined must equal the ratio of resident freshwater anglers 
to the total number of resident anglers in the State.
    (b) A resident angler is one who fishes for recreational purposes 
in the same State where that person maintains legal residence.
    (c) Agencies must determine the relative distribution of resident 
anglers in the State between those who fish in marine environments and 
those who fish in freshwater environments. Agencies must use the 
National Survey of Fishing, Hunting, and Wildlife-Associated 
Recreation, or another statistically reliable survey or technique 
approved by the Regional Director, for this purpose.
    (d) If an agency uses statistical sampling to determine the 
relative distribution of resident anglers in the State between those 
who fish in marine environments and those who fish in freshwater 
environments, the sampling must be complete by the earlier of the 
following:
    (1) Five years after the last statistical sample; or
    (2) Before completing the first certification following any change 
in the licensing system that could affect the number of sportfishing 
license holders.
    (e) The amounts allocated from each year's apportionment do not 
necessarily have to result in an equitable allocation for each year. 
However, the amounts allocated over a variable period, not to exceed 3 
years, must result in an equitable allocation between marine and 
freshwater fisheries projects.
    (f) Agencies that fail to allocate funds equitably between marine 
and freshwater fisheries projects may become ineligible to use Sport 
Fish Restoration program funds. These agencies must remain ineligible 
until corrective action is taken and the funds have been allocated 
equitably.


Sec.  80.70  May a State fish and wildlife agency finance an activity 
from more than one annual apportionment?

    A State fish and wildlife agency may use funds from more than one 
annual apportionment to finance projects, such as construction or 
acquisition of lands or interests in lands, including water rights. An 
agency may use funds in this manner, according to a plan approved by 
the Regional Director and subject to the availability of funds, in 
either of the following ways:
    (a) Finance the entire cost of the acquisition or construction from 
a non-Federal funding source. The Service will reimburse funds to the 
agency in succeeding apportionment years.
    (b) Negotiate an installment purchase or contract in which the 
agency pays periodic and specified amounts to the seller or contractor 
according to a plan that schedules either reimbursements or advances of 
funds immediately before need.


Sec.  80.71  What requirements apply to financing an activity from more 
than one annual apportionment?

    The following conditions apply to financing an activity from more 
than one annual apportionment:
    (a) A State fish and wildlife agency must agree to complete the 
project even if Federal funds are not available. If an agency does not 
complete the project, the agency must recover any expended Federal 
funds that did not result in commensurate wildlife or sport-fishery 
benefits. The agency must then reallocate the recovered funds to 
approved projects in the same program.
    (b) The project statement included with the application must have a 
complete schedule of payments to finish the project.
    (c) Interest and other financing costs may be allowable subject to 
the restrictions in the applicable Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 
200).

Subpart G--Applying for an Award


Sec.  80.80  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.


Sec.  80.81  What must a State fish and wildlife agency submit when 
applying for a comprehensive-management-system award?

    A State fish and wildlife agency must submit the following 
documents when applying for a comprehensive-management-system award:
    (a) The standard form for an application for Federal assistance in 
a mandatory grant program.
    (b) A statement of cost estimates by subaccount. Agencies may 
obtain the subaccount numbers from the Regional Wildlife and Sport Fish 
Restoration Program Office.
    (c) Supporting documentation explaining how the proposed work 
complies with the Acts, the regulations in this part, and other 
applicable laws and regulations.
    (d) A statement of the agency's intent to carry out and fund part 
or all of its comprehensive management system through an award.
    (e) A description of the agency's comprehensive management system 
including inventory, strategic plan, operational plan, and evaluation. 
``Inventory'' refers to the process or processes that an agency uses 
to:
    (1) Determine actual, projected, and desired resource and asset 
status; and
    (2) Identify management problems, issues, needs, and opportunities.
    (f) A description of the State fish and wildlife agency program 
covered by the comprehensive management system.
    (g) Contact information for the State fish and wildlife agency 
employee who is directly responsible for the integrity and operation of 
the comprehensive management system.
    (h) A description of how the public can take part in decision 
making for the comprehensive management system.

[[Page 95618]]

Sec.  80.82  What must a State fish and wildlife agency submit when 
applying for a project-by-project award?

    A State fish and wildlife agency must submit the following 
documents when applying for a project-by-project award:
    (a) The standard form for an application for Federal assistance in 
a mandatory grant program.
    (b) A project statement that describes each proposed project and 
provides the following information:
    (1) Need. Explain why the project is necessary and how it fulfills 
the purposes of the relevant Act.
    (2) Purpose. State the purpose and base it on the need. The purpose 
states the desired outcome of the proposed project in general or 
abstract terms.
    (3) Objectives. State the objectives and base them on an identified 
need(s). The objectives state the desired outcome of the proposed 
project in terms that are specific and quantified.
    (4) Results. Describe the results or benefits expected.
    (5) Approach. Describe the methods used to achieve the stated 
objectives.
    (6) Useful life. Propose a useful life for each capital improvement 
and reference the method used to determine the useful life of a capital 
improvement with a value greater than $100,000.
    (7) Geographic location. Describe the geographic location(s) where 
activities will occur. Maps or other geographic aids are encouraged and 
may be attached. Include geographic coordinates in decimal degrees, if 
relevant and available.
    (8) Principal investigator for research projects. Record the 
principal investigator's name, work address, and work telephone number.
    (9) Program income. (i) Estimate the amount of program income that 
the project is likely to generate.
    (ii) Indicate the method or combination of methods (deduction, 
addition, or cost sharing) of applying program income to Federal and 
non-Federal outlays.
    (iii) Request the Regional Director's approval for the additive or 
cost-sharing method. Describe how the agency proposes to use the 
program income and the expected results. Describe the essential need 
when using program income as cost sharing.
    (iv) Indicate whether the agency wants to treat income that it 
earns after the period of performance as either license revenue or 
additional funding for purposes consistent with the award terms and 
conditions or program regulations.
    (v) Indicate whether the agency wants to treat income that the 
subrecipient earns after the period of performance as license revenue, 
additional funding for the purposes consistent with the award or 
subprogram, or income subject only to the terms of the subaward 
agreement.
    (10) Budget narrative. (i) Provide costs by project and subaccount 
with additional information sufficient to show that the project is cost 
effective. Agencies may obtain the subaccount numbers from the Regional 
Wildlife and Sport Fish Restoration Program Office.
    (ii) Describe any item that requires the Service's approval and 
estimate its cost. Examples are pre-award costs, capital improvements 
or expenditures, real property acquisitions, or equipment purchases.
    (iii) Include a schedule of payments to finish the project if an 
agency proposes to use funds from two or more annual apportionments.
    (11) Multipurpose projects. Describe the method for allocating 
costs in multipurpose projects and facilities as described in 
Sec. Sec.  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.


Sec.  80.83  What is the Federal share of allowable costs?

    (a) Except as provided at paragraphs (e) and (f) of this section, 
the Regional Director must provide at least 10 percent and no more than 
75 percent of the allowable costs of a grant-funded project to the fish 
and wildlife agencies of the 50 States. The Regional Director generally 
approves any Federal share from 10 to 75 percent as proposed by 1 of 
the 50 States if the:
    (1) Funds are available; and
    (2) Application is complete and consistent with laws, regulations, 
and policies.
    (b) The Regional Director may provide funds to the District of 
Columbia to pay 75 to 100 percent of the allowable costs of a grant-
funded project in a program or subprogram authorized by the Sport Fish 
Restoration Act. The decision on the specific Federal share between 75 
and 100 percent will be based on what the Regional Director decides is 
fair, just, and equitable. The Regional Director may reduce the Federal 
share to less than 75 percent of allowable project costs only if the 
District of Columbia provides voluntary committed cost sharing to pay 
the remaining allowable costs. However, the Regional Director must not 
reduce the Federal share below 10 percent unless the procedure set 
forth at paragraph (e) of this section is followed.
    (c) The Regional Director may provide funds to pay 75 to 100 
percent of the allowable costs of a grant-funded project to the fish 
and wildlife agency of the Commonwealth of Puerto Rico. The decision on 
the specific Federal share between 75 and 100 percent will be based on 
what the Regional Director decides is fair, just, and equitable. The 
Regional Director may reduce the Federal share to less than 75 percent 
of allowable project costs only if the Commonwealth voluntarily 
provides cost sharing to pay the remaining allowable costs. However, 
the Regional Director must not reduce the Federal share below 10 
percent unless the procedure set forth at paragraph (e) of this section 
is followed.
    (d) The Regional Director must provide funds to pay 100 percent of 
the allowable costs of a grant-funded project to a fish and wildlife 
agency of the Commonwealth of the Northern Mariana Islands and the 
Territories of Guam, the U.S. Virgin Islands, and American Samoa. The 
Service is required to waive all cost sharing requirements for these 
insular areas.
    (e) The Regional Director may waive the 10-percent minimum Federal 
share of allowable costs if the State, District of Columbia, 
Commonwealth, or territory requests a waiver and provides compelling 
reasons to justify why it is necessary for the Federal Government to 
fund less than 10 percent of the allowable costs of a project.
    (f) The Regional Director must provide no more than 90 percent of 
the allowable costs of a project to a State, the Commonwealth of Puerto 
Rico, or the District of Columbia for the purposes of acquiring land 
for, expanding, or constructing a public target range when the agency 
identifies a project that meets the criteria for 90/10/5 activities.


Sec.  80.84  How does the Service establish the non-Federal share of 
allowable costs?

    (a) To establish the non-Federal share of a grant-funded project 
for the 50 States, the Regional Director approves

[[Page 95619]]

an application for Federal assistance in which the State fish and 
wildlife agency proposes the specific non-Federal share by estimating 
the Federal and cost-sharing dollars, consistent with Sec.  80.83(a), 
(e), and (f).
    (b) To establish the non-Federal share of a grant-funded project 
for the District of Columbia and the Commonwealth of Puerto Rico, the 
Regional Director:
    (1) Decides which percentage is fair, just, and equitable for the 
Federal share consistent with Sec.  80.83(b) and (c);
    (2) Subtracts the Federal share percentage from 100 percent to 
determine the percentage of non-Federal share; and
    (3) Applies the percentage of non-Federal share to the allowable 
costs of a grant-funded project to determine the cost sharing 
requirement.
    (c) For the Commonwealth of the Northern Mariana Islands and the 
Territories of Guam, the U.S. Virgin Islands, and American Samoa 
(insular areas), the Service must waive all non-Federal cost sharing 
requirements (see 48 U.S.C. 1469a).


Sec.  80.85  What requirements apply to cost sharing?

    (a) The requirements that apply to cost sharing are at 2 CFR 
200.306.
    (b) The State fish and wildlife agency must fulfill cost sharing 
requirements at the:
    (1) Award level if the award has funds from a single subaccount; or
    (2) Subaccount level if the award has funds from more than one 
subaccount.

Subpart H--General Award Administration


Sec.  80.90  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.


Sec.  80.91  What is a Federal obligation of funds, and how does it 
occur?

    An obligation of funds is a legal liability to disburse funds 
immediately or later based on a series of actions. All these actions 
must occur to obligate funds for the formula-based grant programs 
authorized by the Acts:
    (a) The Service sends to a State fish and wildlife agency an annual 
certificate of apportionment, which tells the agency how much funding 
is available according to formulas in the Acts.
    (b) The agency sends the Regional Director an application for 
Federal assistance to use the funds available to the agency under the 
Acts and commits to provide the required cost sharing to carry out 
projects that are substantial in character and design.
    (c) The Regional Director notifies the agency that the application 
for Federal assistance is approved and states the terms and conditions 
of the award.
    (d) The agency accepts the terms and conditions of the award in one 
of the following ways:
    (1) Starts work on the grant-funded project by placing an order, 
entering into a contract, entering into a subaward, receiving goods or 
services, or otherwise incurring allowable costs during the period of 
performance that will require payment immediately or in the future;
    (2) Draws down funds for an allowable activity under the award; or
    (3) Accepts the award via electronic means.


Sec.  80.92  How long are funds available for a Federal obligation?

    Funds are available for a Federal obligation starting October 1 of 
the FFY in which they are apportioned and for the number of years 
indicated in table 1 to Sec.  80.92. Funds not obligated within the 
required period of availability will revert to the Service and be 
disbursed as described in the table.

                         Table 1 to Sec.   80.92
------------------------------------------------------------------------
                                                        Disbursement of
                                                       unobligated funds
                                       Period of       at the end of the
       Program/subprogram          availability for        period of
                                      obligation       availability for
                                                          obligation
------------------------------------------------------------------------
                        WILDLIFE RESTORATION ACT
------------------------------------------------------------------------
Enhanced Hunter Education and     1 FFY.............  Reapportioned the
 Safety program.                                       following year
                                                       only to States
                                                       that have fully
                                                       obligated the
                                                       current year's
                                                       Basic Hunter
                                                       Education and
                                                       Safety program
                                                       funds to
                                                       activities at 16
                                                       U.S.C. 669g(b)
                                                       (see Sec.  Sec.
                                                       80.50(b) and
                                                       80.63).
Traditional Wildlife Restoration  2 FFYs............  Made available to
 program.                                              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        2 FFYs............  Migratory bird
 Safety subprogram.                                    conservation.

[[Page 95620]]

 
Basic Hunter Education and        2 FFYs............  Migratory bird
 Safety subprogram for R3                              conservation.
 activities at 16 U.S.C.
 669c(c)(4).
Traditional Wildlife Restoration  5 FFYs............  Migratory bird
 program for public target                             conservation.
 ranges (90/10/5).
Basic Hunter Education and        5 FFYs............  Migratory bird
 Safety subprogram for public                          conservation.
 target ranges (90/10/5).
Enhanced Hunter Education and     5 FFYs............  Reapportioned the
 Safety program for public                             following year
 target ranges (90/10/5).                              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 Sec.  Sec.
                                                       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        2 FFYs............  Same as
 program.                                              apportioned Sport
                                                       Fish Restoration
                                                       funds.
State Outreach and                2 FFYs............  Same as
 Communications program.                               apportioned Sport
                                                       Fish Restoration
                                                       funds.
Recreational Boating Access       5 FFYs............  Same as
 subprogram.                                           apportioned Sport
                                                       Fish Restoration
                                                       funds.
------------------------------------------------------------------------

Sec.  80.93  When may a State fish and wildlife agency incur costs 
under an award?

    A State fish and wildlife agency may incur costs under an award 
from the effective date of the period of performance to the end of the 
period of performance except for pre-award costs that meet the 
conditions in Sec.  80.94.


Sec.  80.94  May a State fish and wildlife agency incur costs before 
the beginning of the period of performance?

    (a) A State fish and wildlife agency may incur costs of a proposed 
project before the beginning of the period of performance (i.e., pre-
award costs). However, the agency has no assurance that it will receive 
reimbursement until the Regional Director approves an award that 
incorporates a project statement demonstrating that the pre-award costs 
conform to all the conditions set forth in paragraph (b) of this 
section.
    (b) Pre-award costs must meet the following requirements:
    (1) The costs are necessary and reasonable for accomplishing the 
award objectives.
    (2) The Regional Director would have approved the costs if the 
State fish and wildlife agency incurred them during the period of 
performance.
    (3) The agency incurs these costs in anticipation of the award and 
in conformity with the negotiation of the award with the Regional 
Director.
    (4) The activities associated with the pre-award costs comply with 
all laws, regulations, and policies applicable to a grant-funded 
project.
    (5) The agency must:
    (i) Obtain the Regional Director's concurrence that the Service 
will be able to comply with the applicable laws, regulations, and 
policies before the agency starts work on the ground; and
    (ii) Provide the Service all the necessary information with enough 
lead time for the Service to comply with the applicable laws, 
regulations, and policies.
    (6) The agency must not complete the project before the beginning 
of the period of performance unless the Regional Director concurs that 
doing so is necessary to take advantage of temporary circumstances 
favorable to the project or to meet legal deadlines. An agency 
completes a project when it incurs all costs and finishes all work 
necessary to achieve the project objectives.
    (c) The agency can receive reimbursement for pre-award costs only 
after the beginning of the period of performance, and, for activities 
requiring compliance, only after the compliance is satisfied.


Sec.  80.95  How does a State fish and wildlife agency receive Federal 
award funds?

    (a) A State fish and wildlife agency may receive Federal award 
funds through either:
    (1) A request for reimbursement; or
    (2) A request for an advance of funds if the agency maintains or 
demonstrates that it will maintain procedures to minimize time between 
transfer of funds and disbursement by the agency or its subrecipient.
    (b) An agency must use the following procedures to receive a 
reimbursement or an advance of funds:
    (1) Request funds through an electronic payment system designated 
by the Regional Director; or
    (2) Request funds on a standard form for that purpose only if the 
agency is unable to use the electronic payment system.
    (c) The Regional Director will reimburse or advance funds only to 
the office or official designated by the agency and authorized by State 
law to receive public funds for the State.
    (d) All payments are subject to final determination of allowability 
based on audit or a Service review. The State fish and wildlife agency 
must repay any overpayment as directed by the Regional Director.
    (e) The Regional Director may withhold payments pending receipt of 
all required reports or documentation for the project.


Sec.  80.96  May a State fish and wildlife agency use Federal funds 
without using cost sharing?

    (a) The State fish and wildlife agency must not draw down any 
Federal funds for a grant-funded project under the Acts in greater 
proportion to the use of cost sharing than total Federal funds bear to 
total cost sharing unless:
    (1) The recipient draws down Federal award funds to pay for 
construction, including land acquisition;
    (2) A third-party in-kind contribution of cost sharing is not yet 
available for delivery to the recipient or subrecipient; or
    (3) The project is not at the point where it can accommodate a 
third-party in-kind contribution.
    (b) If an agency draws down Federal funds in greater proportion to 
the use of cost sharing than total Federal funds bear to total cost 
sharing under the conditions described at paragraphs (a)(1) through (3) 
of this section, the agency must:

[[Page 95621]]

    (1) Obtain the Regional Director's prior approval; and
    (2) Satisfy the project's cost sharing requirement before 
submitting the final Federal financial report.


Sec.  80.97  What is barter, and may a State fish and wildlife agency 
use barter of goods or services to carry out a grant-funded project?

    (a) Barter is a nonmonetary exchange of goods or services with 
another entity (reciprocal transfer). If goods or services are given or 
received without expectation of a reciprocal transfer, the activity is 
not barter and is an expense of or donation to the agency.
    (b) A State fish and wildlife agency may use barter to carry out a 
grant-funded project when following approved State policies and 
procedures that comply with the generally accepted accounting practices 
as defined by the Governmental Accounting Standards Board. The State 
processes, as applied by the agency, may identify types of barter 
(e.g., cooperative farming or grazing) for which the agency will 
consider the barter transaction to be an even exchange.


Sec.  80.98  How must a State fish and wildlife agency include barter 
in an award and report barter transactions?

    (a) A State fish and wildlife agency must identify when barter 
exchanges are anticipated in the project when applying for, or carrying 
out, an award. All activities included in a barter transaction are 
subject to Federal compliance requirements under an award.
    (b) An agency must follow its State processes for authorizing, 
valuing, and documenting barter transactions, and report barter 
transactions under an award in the Federal financial report according 
to table 1 to Sec.  80.98:

                         Table 1 to Sec.   80.98
------------------------------------------------------------------------
 If, following the State processes for
       barter transactions . . .            Then the agency must . . .
------------------------------------------------------------------------
(1) The barter transaction is            Disclose in the remarks section
 determined to be an even exchange of     that the barter transaction(s)
 goods or services.                       occurred, and the barter
                                          transaction(s) resulted in no
                                          gain or loss to the agency.
(2) The fair value of the goods or       Disclose in the remarks section
 services provided by the State fish      that the barter transaction(s)
 and wildlife agency exceeds the fair     occurred and report the
 value of the goods and services          difference in fair value as
 received.                                award expenses in the Federal
                                          financial report.
(3) The fair value of the goods or       Disclose in the remarks section
 services received exceeds the fair       that the barter transaction(s)
 value of the goods and services the      occurred and report the
 State fish and wildlife agency           difference in fair value as
 provided.                                program income in the Federal
                                          financial report.
------------------------------------------------------------------------

Sec.  80.99  Are symbols available to identify projects?

    Yes. The following distinctive symbols are available to identify 
projects funded by the Acts and products on which taxes and duties have 
been collected to support the Acts:
    (a) The symbol of the Wildlife Restoration Act follows:
    [GRAPHIC] [TIFF OMITTED] TP02DE24.000
    
    (b) The symbol of the Sport Fish Restoration Act follows:
    [GRAPHIC] [TIFF OMITTED] TP02DE24.001
    
    (c) The symbol of the Acts when used in combination follows:
    [GRAPHIC] [TIFF OMITTED] TP02DE24.002
    
Sec.  80.100  Must a State fish and wildlife agency display one of the 
symbols set forth in this part on a completed project?

    No. A State fish and wildlife agency is not required to display one 
of the symbols in Sec.  80.99 on a project completed under the Acts.
    (a) However, the Service encourages agencies to display the 
appropriate symbol on projects funded by the Acts. Appropriate use and 
requirements for symbols are as follows:
    (1) An agency may display the appropriate symbol(s) on:
    (i) Areas such as wildlife-management areas, shooting ranges, and 
sportfishing and boating-access facilities that were acquired, 
developed, operated, or maintained with funds authorized by the Acts; 
and
    (ii) Printed or web-based material or other visual representations 
of project accomplishments.
    (2) An agency may establish a requirement for similar standards for 
displaying the appropriate symbol or symbols, in the places described 
in paragraph (a) of this section, that is passed through to 
subrecipients.
    (3) An agency may use the symbols in a manner other than as 
described in paragraph (a) of this section if authorized by the 
Director or a Regional Director.
    (b) The Director or Regional Director may authorize other persons, 
organizations, agencies, or governments to use the symbols for purposes 
related to the Acts.
    (c) Restrictions and requirements on use of symbols for either 
agencies or other entities are as follows:
    (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

[[Page 95622]]

and subjects the violator to possible fines and imprisonment.

Subpart I--Program Income


Sec.  80.120  What is program income?

    (a) Program income is gross income earned by the recipient or 
subrecipient that is directly generated by an award activity or earned 
as a result of the Federal award during the period of performance (see 
2 CFR 200.1 and 200.307).
    (b) Program income includes revenue from:
    (1) Services performed under an award.
    (2) Use or rental of real or personal property acquired, 
constructed, or managed with award funds.
    (3) Payments by concessioners or contractors under an arrangement 
with the agency or subrecipient to provide a service in support of 
award objectives on real property acquired, constructed, or managed 
with award funds.
    (4) Sale of items produced under an award.
    (5) Fees collected by the agency for delivering or providing hunter 
education, aquatic education, or other courses.
    (6) Royalties and license fees for copyrighted material, patents, 
and inventions developed as a result of an award.
    (7) Sale of a product of mining, drilling, forestry, or agriculture 
during the period of performance that supports the:
    (i) Mining, drilling, forestry, or agriculture; or
    (ii) Acquisition of the land on which these activities occurred.
    (8) Barter transactions when the value of goods or services 
received exceeds the value of goods or services the agency provided.
    (c) Program income does not include any of the following:
    (1) Interest on award funds, rebates, credits, discounts, or 
refunds.
    (2) Sales receipts retained by concessioners or contractors under 
an arrangement with the agency to provide a service in support of award 
objectives on real property acquired, constructed, or managed with 
award funds.
    (3) Cash received by the agency or by volunteer instructors to 
cover incidental costs of hunter education, aquatic education, or other 
classes. Incidental costs are small amounts and typically not essential 
to the training delivery. Materials purchased at cost by the student, 
separate from course fees, are incidental costs.
    (4) Proceeds from the sale of real property, equipment, or 
supplies.


Sec.  80.121  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.


Sec.  80.122  May a State fish and wildlife agency deduct the costs of 
generating program income from gross income?

    (a) A State fish and wildlife agency may deduct the costs of 
generating program income from gross income when the agency calculates 
program income if the agency does not:
    (1) Pay these costs with:
    (i) Federal or cost-sharing funds under a Federal award; or
    (ii) Federal funds unrelated to an award.
    (2) Cover these costs by accepting:
    (i) Cost-sharing contributions for a Federal award; or
    (ii) Donations of services, personal property, or real property 
unrelated to a Federal award.
    (b) Examples of costs of generating program income that may qualify 
for deduction from gross income if they are consistent with the 
regulations in paragraph (a) of this section are:
    (1) The cost of estimating the amount of commercially acceptable 
timber in a forest and marking it for harvest if the commercial harvest 
is incidental to a grant-funded habitat-management or facilities-
construction project.
    (2) The cost of publishing research results as a pamphlet or book 
for sale if the publication is incidental to a grant-funded research 
project.


Sec.  80.123  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 
non-Federal outlays are set forth in table 1 to Sec.  80.123(c):

                       Table 1 to Sec.   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.

[[Page 95623]]

 
                                    (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.
------------------------------------------------------------------------

Sec.  80.124  How may a State fish and wildlife agency use unexpended 
program income?

    A State fish and wildlife agency must spend program income before 
requesting additional payments under an award. If the agency has 
unexpended program income on its final Federal financial report, it may 
use the income under a subsequent award for any activity eligible for 
funding in the grant program that generated the program income.


Sec.  80.125  How must a State fish and wildlife agency treat income 
that it earns after the period of performance?

    (a) The State fish and wildlife agency must treat income that it 
earns after the period of performance as either:
    (1) License revenue for the administration of the agency; or
    (2) Additional funding for purposes consistent with the award or 
the program.
    (b) The agency must indicate its choice of one of the alternatives 
set forth in paragraph (a) of this section in the project statement 
that the agency submits with each application for Federal assistance. 
If the agency does not record its choice in the project statement, the 
agency must treat the income earned after the period of performance as 
license revenue.


Sec.  80.126  How must a State fish and wildlife agency treat income 
earned by a subrecipient after the period of performance?

    (a) The State fish and wildlife agency must treat income earned by 
a subrecipient after the period of performance as:
    (1) License revenue for the administration of the agency;
    (2) Additional funding for purposes consistent with the award or 
the program; or
    (3) Income subject only to the terms of the subaward agreement and 
any subsequent contractual agreements between the agency and the 
subrecipient.
    (b) The agency must indicate its choice of one of the above 
alternatives in the project statement that the agency submits with each 
application for Federal assistance. If the agency does not indicate its 
choice in the project statement, the subrecipient does not have to 
account for any income earned after the period of performance unless 
required to do so in the subaward agreement or in any subsequent 
contractual agreement.

Subpart J--Real Property


Sec.  80.130  Must a State fish and wildlife agency hold title to real 
property acquired under an award?

    A State fish and wildlife agency must hold title to an ownership 
interest in real property acquired under an award to the extent 
possible under State law.
    (a) Some States do not authorize their fish and wildlife agency to 
hold the title to real property that the agency manages. In these 
cases, the State or one of its administrative units may hold the title 
to grant-funded real property if the agency has the authority to manage 
the real property for its authorized purpose under the award. The 
agency, the State, or another administrative unit of State government 
must not hold title to an undivided ownership interest in the real 
property concurrently with a subrecipient or any other entity.
    (b) An ownership interest is an interest in real property that 
gives the person who holds it the right to use and occupy a parcel of 
land or water and to exclude others. Ownership interests include fee 
and leasehold interests but not easements.


Sec.  80.131  Must a State fish and wildlife agency hold an easement 
acquired under an award?

    A State fish and wildlife agency must hold an easement acquired 
under an award, but it may share certain rights or responsibilities as 
described in paragraph (b) of this section if consistent with State 
law.
    (a) Any sharing of rights or responsibilities does not diminish the 
agency's responsibility to manage the easement for its authorized 
purpose.
    (b) The agency may share the holding or enforcement of an easement 
only in the following situations:
    (1) The State or an administrative unit of State government may 
hold an easement on behalf of its fish and wildlife agency.
    (2) The agency may issue a subaward with the concurrent right to 
hold the easement to a nonprofit organization or to a local or Tribal 
government. A concurrent right to hold an easement means that both the 
State agency and the subrecipient hold the easement and share its 
rights and responsibilities.
    (3) The agency may issue a subaward with a right of enforcement to 
a nonprofit organization or to a local or Tribal government. This right 
of enforcement may allow the subrecipient to have reasonable access and 
entry to property protected under the easement for purposes of 
inspection, monitoring, and enforcement. The subrecipient's right of 
enforcement must not supersede and must be concurrent with the agency's 
right of enforcement.


Sec.  80.132  Must a State fish and wildlife agency have control over 
the land or water where it completes capital improvements?

    Yes. A State fish and wildlife agency must control the parcel of 
land or water on which the agency completes a grant-funded capital 
improvement. An agency must exercise this control by holding title to a 
fee or leasehold interest or through another legally binding agreement. 
Control must be adequate for the protection, maintenance, and use of 
the improvement for its authorized purpose during its useful life even 
if the agency did not acquire the parcel with award funds.


Sec.  80.133  Must a State fish and wildlife agency maintain acquired 
or completed capital improvements?

    Yes. A State fish and wildlife agency is responsible for 
maintaining capital improvements acquired or completed under an award 
to ensure that each capital improvement continues to serve its 
authorized purpose during its useful life.


Sec.  80.134  How must a State fish and wildlife agency use real 
property?

    (a) If an award funds acquisition of an interest in a parcel of 
land or water, the State fish and wildlife agency must use the land or 
water for the purpose authorized in the award.
    (b) If an award funds construction of a capital improvement, the 
agency must use the capital improvement for the purpose authorized in 
the award during the useful life of the capital improvement. The agency 
must comply with this requirement even if the agency did not use award 
funds to:
    (1) Acquire the parcel on which the capital improvement is located; 
or
    (2) Build the structure in which the capital improvement is a 
component.

[[Page 95624]]

    (c) If an award funds management, operation, or maintenance of a 
parcel of land or water, or a capital improvement, the agency must use 
the parcel or capital improvement for the purpose authorized in the 
award during the period of performance. The agency must comply with 
this requirement even if the agency did not acquire the parcel or 
construct the capital improvement with award funds.
    (d) A State agency may allow commercial, recreational, and other 
secondary uses of a grant-funded parcel of land or water or capital 
improvement if these secondary uses do not interfere with the 
authorized purpose of the award.
    (e) Real property acquired with license revenue (see Sec.  
80.20(b)) must be controlled by the State fish and wildlife agency and 
used only for administration of the agency (see Sec.  80.10(c)).


Sec.  80.135  What if a State fish and wildlife agency allows a use of 
real property that interferes with its authorized purpose?

    (a) When a State fish and wildlife agency allows a use of real 
property that interferes with the authorized purpose of the real 
property under an award, the agency must fully restore the real 
property to its authorized purpose.
    (b) If the agency cannot fully restore the real property to its 
authorized purpose, then the agency must replace the real property 
using non-Federal funds.
    (c) The agency must determine that the replacement property:
    (1) Is of at least equal value at current market prices; and
    (2) Has fish-, wildlife-, and public-use benefits consistent with 
the purposes of the original award.
    (d) The Regional Director may require the agency to obtain an 
appraisal and appraisal review to estimate the value of the replacement 
property at current market prices if the agency cannot support its 
assessment of value.
    (e) The agency must obtain the Regional Director's approval of:
    (1) The agency's determination of the value and benefits of the 
replacement property; and
    (2) The documentation supporting this determination.
    (f) The agency may have up to 3 years from the date of notification 
by the Regional Director to restore the real property to its authorized 
purpose or acquire replacement property. If the agency does not restore 
the real property to its authorized purpose or acquire replacement 
property within 3 years, the Director may declare the agency ineligible 
to receive new awards in the program or programs that funded the 
original acquisition.


Sec.  80.136  Is it a diversion if a State fish and wildlife agency 
does not use real property acquired under an award for its authorized 
purpose?

    If a State fish and wildlife agency does not use real property 
acquired under an award for its authorized purpose, a diversion occurs 
only if both of the following conditions apply:
    (a) The agency used license revenue as cost sharing for the award; 
and
    (b) The unauthorized use is for a purpose other than management of 
the fish-and-wildlife-related resources for which the agency has 
authority under State law.


Sec.  80.137  What if real property is no longer useful or needed for 
its original purpose?

    If the director of the State fish and wildlife agency and the 
Regional Director jointly decide that real property acquired with award 
funds is no longer useful or needed for the original purpose of the 
real property under the award, the director of the agency must:
    (a) Propose another eligible purpose for the real property under 
the grant program and ask the Regional Director to approve this 
proposed purpose; or
    (b) Follow the regulations at 2 CFR 200.311 and consult with the 
Regional Director on how to treat proceeds from the disposition of real 
property.

Subpart K--Revisions and Appeals


Sec.  80.150  How does a State fish and wildlife agency revise an 
award?

    (a) A State fish and wildlife agency requests approval for a 
revision to a project or award by providing the Service the following 
documents:
    (1) The Office of Management and Budget (OMB)-approved common 
application information for Federal assistance, approved by the 
director of the agency or the director's designee, to update or request 
a change in the information that the agency submitted in an approved 
application.
    (2) A statement that explains:
    (i) How the requested revision would affect the information that 
the agency submitted with the original grant application; and
    (ii) Why the requested revision is necessary.
    (b) If the State maintains the process under Executive Order 12372, 
Intergovernmental Review of Federal Programs, the agency must follow 
its processes for sending any requested revision of the purpose or 
objectives of a project or award to the State Clearinghouse or Single 
Point of Contact.


Sec.  80.151  May a State fish and wildlife agency appeal a decision?

    Yes. A State fish and wildlife agency may appeal the Director's or 
Regional Director's decision on any matter subject to this part.
    (a) The agency must send the appeal to the Director within 30 days 
of the date that the Director or Regional Director mails or otherwise 
informs an agency of a decision.
    (b) The agency may appeal the Director's decision on an appeal made 
under paragraph (a) of this section to the Secretary. An appeal to the 
Secretary must be made within 30 days of the date the decision was 
mailed and must follow procedures in 43 CFR part 4, subpart G.

Subpart L--Information Collection


Sec.  80.160  What are the information collection requirements of this 
part?

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this part 80 and 
assigned the following OMB Control Numbers 1018-0088, ``National Survey 
of Fishing, Hunting, and Wildlife-Associated Recreation (FHWAR)'' and 
1018-0100, ``Administrative Procedures for U.S. Fish and Wildlife 
Service Financial Assistance Programs.'' Federal agencies may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. Direct comments regarding the burden estimate or any 
other aspect of the information collection to the Service's Information 
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).

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

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