50 Cfr 80

Electronic Code of Federal Regulations:

Page 1 of 13

Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations

e-CFR Data is current as of June 5, 2009
Title 50: Wildlife and Fisheries
Browse Next

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

Section Contents

§ 80.1 Definitions.
§ 80.2 Eligibility.
§ 80.3 Assent legislation.
§ 80.4 Diversion of license fees.
§ 80.5 Eligible undertakings.
§ 80.6 Prohibited activities.
§ 80.7 Appeals.
§ 80.8 Availability of funds.
§ 80.9 Notice of desire to participate.
§ 80.10 State certification of licenses.
§ 80.11 Submission of proposals.
§ 80.12 Cost sharing.
§ 80.13 Substantiality in character and design.
§ 80.14 Application of Wildlife and Sport Fish Restoration Program funds.
§ 80.15 Allowable costs.
§ 80.16 Payments.
§ 80.17 Maintenance.
§ 80.18 Responsibilities.
§ 80.19 [Reserved]
§ 80.20 Land control.
§ 80.21 Assurances.
§ 80.22 [Reserved]
§ 80.23 Allocation of funds between marine and freshwater fishery projects.
§ 80.24 Recreational boating access facilities.
§ 80.25 Multiyear financing under the Dingell-Johnson Sport Fish Restoration Program.
§ 80.26 Symbols.
§ 80.27 Information collection requirements.

Authority: 16 U.S.C. 777–777n; 16 U.S.C. 669–669k; 18 U.S.C. 701.
Source: 47 FR 22539, May 25, 1982, unless otherwise noted.
Note: The information collection requirements in this part have been approved by the Office of
Management and Budget under control number 1018–0048.
§ 80.1 Definitions.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 2 of 13

top
As used in this part, the following terms have these meanings:
Common horsepower. Any size motor that can be reasonably accommodated on the body of water
slated for development.
Comprehensive fish and wildlife management plan. A document describing the State's plan for meeting
the long-range needs of the public for fish and wildlife resources, and the system for managing the plan.
Director. The Director of the Service, or his or her designated representative. The Director serves as the
Secretary's representative in matters relating to the administration and execution of the Wildlife and
Sport Fish Restoration Acts.
Project. One or more related undertakings necessary to fulfill a need or needs, as defined by the State,
and consistent with the purposes of the appropriate Act.
Regional Director. The regional director of any region of the Service, or his or her designated
representative.
Resident angler. One who fishes within the same State where legal residence is maintained.
Secretary. The Secretary of the Interior or his or her designated representative.
Service. The U.S. Fish and Wildlife Service.
State. Any State of the United States and the Commonwealths of Puerto Rico and the Northern Mariana
Islands, the District of Columbia, and the territories of Guam, the U.S. Virgin Islands, and American
Samoa. References to “the 50 States” pertain only to the 50 States of the United States and do not
include these other six areas.
State fish and wildlife agency. The agency or official of a State designated under State law or regulation
to carry out the laws of the State in relation to the management of fish and wildlife resources of the
State. Such an agency or official also designated to exercise collateral responsibilities, e.g., a State
Department of Natural Resources, will be considered the State fish and wildlife agency only when
exercising the responsibilities specific to the management of the fish and wildlife resources of the State.
Wildlife and Sport Fish Restoration Acts or the Acts. Pittman-Robertson Wildlife Restoration Act of
September 2, 1937, as amended (50 Stat. 917; 16 U.S.C. 669–669k), and the Dingell-Johnson Sport
Fish Restoration Act of August 9, 1950, as amended (64 Stat. 430; 16 U.S.C. 777–777n).
Wildlife and Sport Fish Restoration Program Funds. Funds provided under the Acts.
[73 FR 43127, July 24, 2008]

§ 80.2 Eligibility.
top
Participation in the benefits of the Acts is limited to State fish and wildlife agencies as specified below:
(a) Dingell-Johnson Sport Fish Restoration—Any of the States as defined in §80.1.
(b) Pittman-Robertson Wildlife Restoration—Any of the States as defined in §80.1, except the District of
Columbia.
[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985; 73 FR 43128, July 24, 2008]

§ 80.3 Assent legislation.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 3 of 13

top
A State may participate in the benefits of the Act(s) only after it has passed legislation which assents to
the provisions of the Acts and has passed laws for the conservation of fish and wildlife including a
prohibition against the diversion of license fees paid by hunters and sport fishermen to purposes other
than administration of the fish and wildlife agency. Subsequent legislation which amends these state
laws shall be subject to review by the Secretary. If the legislation is found contrary to the assent
provisions, the State shall become ineligible.

§ 80.4 Diversion of license fees.
top
Revenues from license fees paid by hunters and fishermen shall not be diverted to purposes other than
administration of the State fish and wildlife agency.
(a) Revenues from license fees paid by hunters and fishermen are any revenues the State receives from
the sale of licenses issued by the State conveying to a person the privilege to pursue or take wildlife or
fish. For the purpose of this rule, revenue with respect to license sales by vendors, is considered to be
the net income to the State after deducting reasonable vendor fees or similar amounts retained by sales
agents. License revenues include income from:
(1) General or special licenses, permits, stamps, tags, access and recreation fees or other charges
imposed by the State to hunt or fish for sport or recreation.
(2) Sale, lease, rental, or other granting of rights of real or personal property acquired or produced with
license revenues. Real property includes, but is not limited to, lands, building, minerals, energy
resources, timber, grazing, and animal products. Personal property includes, but is not limited to,
equipment, vehicles, machine, tools, and annual crops.
(3) Interest, dividends, or other income earned on license revenues.
(4) Project reimbursements to the States to the extent that license revenues originally funded the project
for which the reimbursement is being made.
(b) For purposes of this rule, administration of the State fish and wildlife agency include only those
functions required to manage the fish and wildlife-oriented resources of the State for which the agency
has authority under State law.
(c) A diversion of license fee revenues occurs when any portion of license revenues is used for any
purpose other than the administration of the State fish and wildlife agency.
(d) If a diversion of license revenues occurs, the State becomes ineligible to participate under the
pertinent Act from the date the diversion is declared by the Director until:
(1) Adequate legislative prohibitions are in place to prevent diversion of license revenue, and
(2) All license revenues or assets acquired with license revenues are restored, or an amount equal to
license revenue diverted or current market value of assets diverted (whichever is greater) is returned
and properly available for use for the administration of the State fish and wildlife agency.
(e) Federal funds obligated for projects approved prior to the date a diversion is declared remain
available for expenditure on such projects without regard to the intervening period of the State's
ineligibility.
[54 FR 15209, Apr. 17, 1989, as amended at 73 FR 43128, July 24, 2008]

§ 80.5 Eligible undertakings.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 4 of 13

top
The following are eligible for funding under the Acts:
(a) Pittman-Robertson Wildlife Restoration Act. (1) Projects having as their purpose the restoration,
conservation, management, and enhancement of wild birds and wild mammals, and the provision for
public use of and benefits from these resources.
(2) Projects having as their purpose the education of hunters and archers in the skills, knowledges, and
attitudes necessary to be a responsible hunter or archer.
(b) Dingell-Johnson Sport Fish Restoration Act. (1) Projects having as their purpose the restoration,
conservation, management, and enhancement of sport fish, and the provision for public use and benefits
from these resources. Sport fish are limited to aquatic, gill-breathing, vertebrate animals, bearing paired
fins, and having material value for sport or recreation.
(2) Additional funds resulting from expansion of the Sport Fish Restoration Program must be added to
existing State fishery program funds available from traditional sources and not as a substitute therefor.
[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985; 73 FR 43128, July 24, 2008]

§ 80.6 Prohibited activities.
top
The following are not eligible for funding under the Acts, except when necessary for the accomplishment
of project purposes as approved by the regional director.
(a) Law enforcement activities conducted by the State to enforce the fish and game regulations.
(b) Public relations activities conducted to promote the State fish and wildlife agency.

§ 80.7 Appeals.
top
Any difference of opinion over the eligibility of proposed activities or differences arising over the conduct
of work may be appealed to the Director. Final determination rests with the Secretary.

§ 80.8 Availability of funds.
top
Funds are available for obligation or expenditure during the fiscal year for which they are apportioned
and until the close of the succeeding fiscal year except as provided in §80.24. For the purposes of this
section, funds become available when the Regional Director approves the grant.
[73 FR 43128, July 24, 2008]

§ 80.9 Notice of desire to participate.
top
Any State fish and wildlife agency desiring to avail itself of the benefits of the Acts shall notify the
Secretary within 60 days after it has received a certificate of apportionment of funds available to the
State. Notification to the Secretary may be accomplished by either of the following methods. In either
method, the document must be signed by a State official authorized to commit the State to participation

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 5 of 13

under the Act(s).
(a) Submitting to the regional director within the 60-day period a letter stating the desire of the State to
participate in the Act(s); or,
(b) Having an approved Application for Federal Assistance which contains plans for the use of Wildlife
and Sport Fish Restoration Program funds during the period of the apportionment.
[47 FR 22539, May 25, 1982, as amended at 73 FR 43128, July 24, 2008]

§ 80.10 State certification of licenses.
top
(a) To ensure proper apportionment of Federal funds, the Service requires that each director of a State
fish and wildlife agency:
(1) Specify a license certification period that:
(i) Is 12 consecutive months in length;
(ii) Is either the State's fiscal year or license year;
(iii) Is consistent from year to year; and
(iv) Ends no less than 1 year and no more than 2 years before the beginning of the Federal fiscal year
that the apportioned funds first become available for expenditure;
(2) Obtain the Director's approval before changing the State-specified license certification period; and
(3) Annually provide to the Service the following data:
(i) The number of persons who hold paid licenses that authorize an individual to hunt in the State during
the State-specified license certification period; and
(ii) The number of persons who hold paid licenses that authorize an individual to fish in the State during
the State-specified license certification period.
(b) When counting persons holding paid hunting or fishing licenses in a State-specified license
certification period, a State fish and wildlife agency must abide by the following requirements:
(1) The State may count all persons who possess a paid license that allows the licensee to hunt or fish
for sport or recreation. The State may not count persons holding a license that allows the licensee only
to trap animals or only to engage in commercial activities.
(2) The State may count only those persons who possess a license that produced net revenue of at least
$1 per year returned to the State after deducting costs directly associated with issuance of the license.
Examples of such costs are agents' or sellers' fees and the cost of printing, distribution, and control.
(3) The State may count persons possessing a single-year license (one that is legal for less than 2
years) only in the State-specified license certification period in which the license was purchased.
(4) The State may count persons possessing a multiyear license (one that is legal for 2 years or more) in
each State-specified license certification period in which the license is legal, whether it is legal for a
specific or indeterminate number of years, only if:
(i) The net revenue from the license is in close approximation with the number of years in which the
license is legal, and

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 6 of 13

(ii) The State fish and wildlife agency uses statistical sampling or other techniques approved by the
Director to determine whether the licensee remains a license holder.
(5) The State may count persons possessing a combination license (one that permits the licensee to
both hunt and fish) with:
(i) The number of persons who hold paid hunting licenses in the State-specified license certification
period, and
(ii) The number of persons who hold paid fishing licenses in the same State-specified license
certification period.
(6) The State may count persons possessing multiple hunting or fishing licenses (in States that require
or permit more than one license to hunt or more than one license to fish) only once with:
(i) The number of persons who hold paid hunting licenses in the State-specified license certification
period, and
(ii) The number of persons who hold paid fishing licenses in the same State-specified license
certification period.
(c) The director of the State fish and wildlife agency must provide the certified information required in
paragraphs (a) and (b) of this section to the Service by the date and in the format that the Director
specifies. If the Director requests it, the director of the State fish and wildlife agency must provide
documentation to support the accuracy of this information. The director of the State fish and wildlife
agency is responsible for eliminating multiple counting of single individuals in the information that he or
she certifies and may use statistical sampling or other techniques approved by the Director for this
purpose.
(d) Once the Director approves the certified information required in paragraphs (a) and (b) of this
section, the Service must not adjust the numbers if such adjustment would adversely impact any
apportionment of funds to a State fish and wildlife agency other than the agency whose certified
numbers are being adjusted. However, the Director may correct an error made by the Service.
[73 FR 43128, July 24, 2008]

§ 80.11 Submission of proposals.
top
A State may apply to use funds apportioned under the Acts by submitting to the Regional Director either
a comprehensive fish and wildlife management plan or grant proposal.
(a) Each application must contain such information as the Regional Director may require to determine if
the proposed activities are in accordance with the Acts and the provisions of this part.
(b) The State must submit each application and amendments of scope to the State Clearinghouse as
required by Office of Management and Budget (OMB) Circular A–95 and by State Clearinghouse
requirements.
(c) Applications must be signed by the director of the State fish and wildlife agency or an official
delegated to exercise the authority and responsibilities of the State director in committing the State to
participate under the Acts. The director of each State fish and wildlife agency must notify the Regional
Director, in writing, of the official(s) authorized to sign the Wildlife and Sport Fish Restoration Program
documents, and any changes in such authorizations.
[73 FR 43128, July 24, 2008]

§ 80.12 Cost sharing.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 7 of 13

top
Federal participation is limited to 75 percent of eligible costs incurred in the completion of approved work
or the Federal share specified in the grant, whichever is less, except that the non-Federal cost sharing
for the Commonwealths of Puerto Rico and the Northern Mariana Islands, the District of Columbia, and
the territories of Guam, the U.S. Virgin Islands, and American Samoa must not exceed 25 percent and
may be waived at the discretion of the Regional Director.
(a) A minimum Federal participation of 10 percent of the estimated costs is required as a condition of
approval.
(b) The non-Federal share of project costs may be in the form of cash or in-kind contributions.
(c) The non-Federal share of project costs may not be derived from other Federal funds, except as
authorized by specific legislation.
[>47 FR 22539, May 25, 1982, as amended at 73 FR 43129, July 24, 2008]

§ 80.13 Substantiality in character and design.
top
All projects proposed for funding under the Acts must be substantial in character and design. A
substantial project (for fish and wildlife purposes) is one which:
(a) Identifies and describes a need within the purposes of the relevant Act to be utilized;
(b) Identifies the objectives to be accomplished based on the stated need;
(c) Utilizes accepted fish and wildlife conservation and management principles, sound design, and
appropriate procedures; and
(d) Will yield benefits which are pertinent to the identified need at a level commensurate with project
costs.

§ 80.14 Application of Wildlife and Sport Fish Restoration Program funds.
top
(a) States must apply Wildlife and Sport Fish Restoration Program funds only to activities or purposes
approved by the Regional Director. If otherwise applied, such funds must be replaced or the State
becomes ineligible to participate.
(b) Real property acquired or constructed with Wildlife and Sport Fish Restoration Program funds must
continue to serve the purpose for which acquired or constructed.
(1) When such property passes from management control of the State fish and wildlife agency, the
control must be fully restored to the State fish and wildlife agency or the real property must be replaced
using non-Federal funds not derived from license revenues. Replacement property must be of equal
value at current market prices and with equal benefits as the original property. The State may have up to
3 years from the date of notification by the Regional Director to acquire replacement property before
becoming ineligible.
(2) When such property is used for purposes that interfere with the accomplishment of approved
purposes, the violating activities must cease and any adverse effects resulting must be remedied.
(3) When such property is no longer needed or useful for its original purpose, and with prior approval of
the Regional Director, the property must be used or disposed of as provided by 43 CFR 12.71 or 43
CFR 12.932.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 8 of 13

(c) Wildlife and Sport Fish Restoration Program funds cannot be used for the purpose of producing
income. However, income-producing activities incidental to accomplishment of approved purposes are
allowable. Income derived from such activities must be accounted for in the project records and
disposed of as directed by the Director.
[73 FR 43129, July 24, 2008]

§ 80.15 Allowable costs.
top
(a) What are allowable costs? Allowable costs are costs that are necessary and reasonable for
accomplishment of approved project purposes and are in accordance with the cost principles of OMB
Circular A–87 (For availability, see 5 CFR 1310.3.).
(b) What is required to determine the allowability of costs? Source documents or other records as
necessary must support all costs to substantiate the application of funds. Such documentation and
records are subject to review by the Service and, if necessary, the Secretary to determine the
allowability of costs.
(c) Are costs allowable if they are incurred prior to the date of the grant? Costs incurred prior to the
effective date of the grant are allowable only when specifically provided for in the grant.
(d) How are costs allocated in multipurpose projects or facilities? Projects or facilities designed to
include purposes other than those eligible under either the Dingell-Johnson Sport Fish Restoration or
Pittman-Robertson Wildlife Restoration Acts must provide for the allocation of costs among the various
purposes. The method used to allocate costs must produce an equitable distribution of costs based on
the relative uses or benefits provided.
(e) What is the limit on administrative costs for State central services? Administrative costs in the form of
overhead or indirect costs for State central services outside of the State fish and wildlife agency must be
in accord with an approved cost allocation plan and cannot exceed in any one fiscal year three per
centum of the annual apportionment to that State. Each State has a State Wide Cost Allocation Plan that
describes approved allocations of indirect costs to agencies and programs within the State.
(f) How much money may be obligated for aquatic resource education and outreach and
communications?
(1) Each of the 50 States may spend no more than 15 percent of the annual amount apportioned to it
under the provisions of the Dingell-Johnson Sport Fish Restoration Act for an aquatic resource
education and outreach and communications program for the purpose of increasing public
understanding of the Nation's water resources and associated aquatic life forms.
(2) The Commonwealths of Puerto Rico and the Northern Mariana Islands, the District of Columbia, and
the territories of Guam, the U.S. Virgin Islands, and American Samoa are not limited to the 15-percent
cap imposed on the 50 States. Each of these entities may spend more for these purposes with the
approval of the appropriate Regional Director.
[66 FR 18212, Apr. 6, 2001, as amended at 43129, July 24, 2008]

§ 80.16 Payments.
top
Payments must be made for the Federal share of allowable costs incurred by the State in accomplishing
approved projects.
(a) Requests for payments must be submitted on forms furnished by the Regional director.
(b) Payments must be made only to the office or official designated by the State fish and wildlife agency
and authorized under the laws of the State to receive public funds for the State.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 9 of 13

(c) All payments are subject to final determination of allowability based on audit. Any overpayments
made to the State must be recovered as directed by the Regional Director.
(d) The Regional director may withhold payments pending receipt of all required reports or
documentation for the project.
[47 FR 22539, May 25, 1982, as amended at 73 FR 43129, July 24, 2008]

§ 80.17 Maintenance.
top
The State is responsible for maintenance of all capital improvements acquired or constructed with
Wildlife and Sport Fish Restoration Program funds throughout the useful life of each improvement. Costs
for such maintenance are allowable when provided for in approved projects. The maintenance of
improvements acquired or constructed with funds other than funds from the Wildlife and Sport Fish
Restoration Program are allowable costs when such improvements are necessary for accomplishment of
project purposes as approved by the Regional Director and when such costs are otherwise allowable by
law.
[73 FR 43129, July 24, 2008]

§ 80.18 Responsibilities.
top
In the conduct of activities funded under the Acts, the State is responsible for:
(a) The supervision of each project to assure it is conducted as provided in the project documents,
including:
(1) Proper and effective use of funds.
(2) Maintenance of project records.
(3) Timely submission of reports.
(4) Regular inspection and monitoring of work in progress.
(b) The selection and supervision of project personnel to assure that:
(1) Adequate and competent personnel are available to carry the project through to a satisfactory and
timely completion.
(2) Project personnel perform the work to ensure that time schedules are met, projected work units are
accomplished, other performance objectives are being achieved, and reports are submitted as required.
(c) The accountability and control of all assets to assure that they serve the purpose for which acquired
throughout their useful life.
(d) The compliance with all applicable Federal, State, and local laws.
(e) The settlement and satisfaction of all contractual and administrative issues arising out of
procurement entered into.

§ 80.19 [Reserved]
top

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 10 of 13

§ 80.20 Land control.
top
The State must control lands or waters on which capital improvements are made with Wildlife and Sport
Fish Restoration Program funds. Controls may be exercised through fee title, lease, easement, or
agreement. Control must be adequate for protection, maintenance, and use of the improvement
throughout its useful life.
[47 FR 22539, May 25, 1982, as amended at 73 FR 43129, July 24, 2008]

§ 80.21 Assurances.
top
The State must agree to and certify that it will comply with all applicable Federal laws, regulations, and
requirements as they relate to the application, acceptance, and use of Federal funds under the Acts. The
Secretary shall have the right to review or inspect for compliance at any time. Upon determination of
noncompliance, the Secretary may terminate or suspend those projects in noncompliance, or may
declare the State ineligible for further participation in program benefits until compliance is achieved.

§ 80.22 [Reserved]
top

§ 80.23 Allocation of funds between marine and freshwater fishery projects.
top
(a) Each coastal State, to the extent practicable, must equitably allocate those funds specified by the
Secretary, in the apportionment of the Dingell-Johnson Sport Fish Restoration funds, between projects
having recreational benefits for marine fisheries and projects having recreational benefits for freshwater
fisheries.
(1) Coastal States are: Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii,
Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington; the territories of
Guam, the U.S. Virgin Islands, and American Samoa; and the Commonwealths of Puerto Rico and the
Northern Mariana Islands.
(2) The allocation and subsequent obligation of funds between projects that benefit marine and
freshwater interests will be in the same proportion as the estimated number of resident marine anglers
and resident freshwater anglers, respectively, bears to the estimated number of total resident anglers in
the State. The number of marine and freshwater anglers shall be based on a statistically reliable method
for determining the relative distribution of resident anglers in the State between those that fish in
saltwater and those that fish in freshwater.
(3) To the extent practicable means that the amounts allocated of each year's apportionment may not
necessarily result in an equitable allocation for each year. However, the amounts allocated over a
period, not to exceed 3 years, must result in an equitable allocation between marine and freshwater
fisheries projects. Ongoing marine project costs can be applied toward the State's saltwater allocation.
(4) Failure to provide for an equitable allocation may result in the State's becoming ineligible to
participate in the use of those funds specified, until such time as the State demonstrates to the
satisifaction of the Director that funds will be allocated equitably.
(b) [Reserved]
[50 FR 21448, May 24, 1985, as amended at 43129, July 24, 2008]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 11 of 13

§ 80.24 Recreational boating access facilities.
top
The State must allocate 15 percent of each annual apportionment under the Dingell-Johnson Sport Fish
Restoration Act for recreational boating access facilities. However, a State may allocate more or less
than 15 percent of its annual allocation with the approval of the Service's Regional Director. Although a
broad range of access facilities and associated amenities can qualify for funding under the 15-percent
provision, the State must accommodate power boats with common horsepower ratings, and must make
reasonable efforts to accommodate boats with larger horsepower ratings if they would not conflict with
aquatic resources management. Any portion of a State's 15-percent set aside for the above purposes
that remain unexpended or unobligated after 5 years must revert to the Service for apportionment
among the States.
[43139, July 24, 2008]

§ 80.25 Multiyear financing under the Dingell-Johnson Sport Fish Restoration
Program.
top
(a) States may finance the acquisition of lands or interests in lands including water rights and the
construction of structures and facilities utilizing multiyear funding as authorized by the Dingell-Johnson
Sport Fish Restoration Act in two ways:
(1) States may finance the entire cost of the acquisition or construction from a non-Federal funding
source and claim Federal reimbursement in succeeding apportionment years according to a scheduled
reimbursement plan.
(2) States may negotiate an installment purchase or contract whereby periodic and specified amounts
are paid to the seller or contractor and Federal reimbursements are allowed for each payment from any
apportionment year current at the time of payment.
(b) Multiyear financing is subject to the following conditions:
(1) Projects must provide for prospective use of funds and be approved by the Regional Director in
advance of the State's obligation or commitment to purchase property or contract for structures or
facilities.
(2) States must agree to complete the project even if Federal funds are not available. In the event the
project is not completed, those Federal funds expended but not resulting in commensurate sport fishery
benefits must be recovered by the State and reallocated to approved State sport fish projects.
(3) Project proposals must include a complete schedule of payments to complete the project.
(4) No costs for interest or financing shall be claimed for reimbursement.
[50 FR 21448, May 24, 1985, as amended at 73 FR 43130, July 24, 2008]

§ 80.26 Symbols.
top
We have prescribed distinctive symbols to identify projects funded by the Pittman-Robertson Wildlife
Restoration Act and the Dingell-Johnson Sport Fish Restoration Act and items on which taxes and duties
have been collected to support the respective Acts.
(a) All recipients identified in §80.2 of this part are authorized to display the appropriate symbol(s) on
areas, such as wildlife management areas and fishing access facilities, acquired, developed, operated or

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 12 of 13

maintained by these grants, or on printed material or other visual representations relating to project
accomplishments. Recipients may require sub-recipients to display the symbol(s) and may authorize use
by others, or for purposes other than as stated above, only with approval of the Director, U.S. Fish and
Wildlife Service.
(b) Other persons or organizations may use the symbol(s) for purposes related to the Wildlife and Sport
Fish Restoration Program as authorized by the Director. Authorization for the use of the symbol(s) will
be by written agreement executed by the Service and the user. To obtain authorization, submit a written
request stating the specific use and items to which the symbol(s) will be applied to Director, U.S. Fish
and Wildlife Service, Washington, DC 20240.
(c) The user of the symbol(s) shall indemnify and defend the United States and hold it harmless from
any claims, suits, losses and damages arising out of 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 also from any claims, suits, losses and damages arising out of alleged
defects in the articles or services with which the symbol(s) is associated.
(d) The appearance of the symbol(s) on projects or items is to indicate that the manufacturer of the
product is taxed by, and that the State project was funded through, the respective Act(s). The U.S. Fish
and Wildlife 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 safeness of any product,
service or project with which the symbol(s) is associated.
(e) Neither symbol may be used in any other manner except as authorized by the Director, U.S. Fish and
Wildlife Service. Unauthorized use of the symbol(s) will constitute a violation of section 701 of title 18 of
the United States Code and subject the violator to possible fines and imprisonment as set forth therein.
(f) The symbol pertaining to the Pittman-Robertson Wildlife Restoration Act is below.

View or download PDF
(g) The symbol pertaining to the Dingell-Johnson Sport Fish Restoration Act is below.

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

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009

Electronic Code of Federal Regulations:

Page 13 of 13

View or download PDF
[52 FR 47571, Dec. 15, 1987, as amended at 73 FR 43130, July 24, 2008]

§ 80.27 Information collection requirements.
top
(a) Information gathering requirements include filling out forms to apply for certain benefits offered by the
Federal Government. Information gathered under this part is authorized under the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777–777n) and the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669–669k). The Service may not conduct or sponsor, and applicants or grantees are not required
to respond to, a collection of information unless the request displays a currently valid OMB control
number. OMB has approved our collection of information under OMB control number 1018–0007. Our
requests for information will be used to apportion funds and to review and make decisions on grant
applications and reimbursement payment requests submitted to the Wildlife and Sport Fish Restoration
Program.
(b) Submit comments on the accuracy of the information collection requirements to: U.S. Fish and
Wildlife Service, Information Collection Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington,
VA 22203.
[73 FR 43130, July 24, 2008]
Browse Next

For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].
For questions concerning e-CFR programming and delivery issues, email [email protected].
Section 508 / Accessibility

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1686d992431848be1a8f9f32cd4b4... 6/9/2009