50 Cfr 80

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Title 50: Wildlife and Fisheries
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PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS

Section Contents

Subpart A—General
§ 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 Does an agency have to confirm that it wants to receive an annual apportionment of
funds?
Subpart C—License Revenue
§ 80.20
§ 80.21
agency?
§ 80.22
§ 80.23

What does revenue from hunting and fishing licenses include?
What if a State diverts license revenue from the control of its fish and wildlife
What must a State do to resolve a declaration of diversion?
Does a declaration of diversion affect a previous Federal obligation of funds?
Subpart D—Certification of License Holders

§ 80.30 Why must an agency certify the number of paid license holders?
§ 80.31 How does an agency certify the number of paid license holders?
§ 80.32 What is the certification period?
§ 80.33 How does an agency decide who to count as paid license holders in the annual
certification?
§ 80.34 How does an agency calculate net revenue from a license?
§ 80.35 What additional requirements apply to multiyear licenses?
§ 80.36 May an agency count license holders in the annual certification if the agency
receives funds from the State to cover their license fees?
§ 80.37 What must an agency do if it becomes aware of errors in its certified license data?
§ 80.38 May the Service recalculate an apportionment if an agency submits revised data?
§ 80.39 May the Director correct a Service error in apportioning funds?
Subpart E—Eligible Activities
§ 80.50 What activities are eligible for funding under the Pittman-Robertson Wildlife

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Restoration Act?
§ 80.51 What activities are eligible for funding under the Dingell-Johnson Sport Fish
Restoration Act?
§ 80.52 May an activity be eligible for funding if it is not explicitly eligible in this part?
§ 80.53 Are costs of State central services eligible for funding?
§ 80.54 What activities are ineligible for funding?
§ 80.55 May an agency receive a grant to carry out part of a larger project?
§ 80.56 How does a proposed project qualify as substantial in character and design?
Subpart F—Allocation of Funds by an Agency
§ 80.60 What is the relationship between the Basic Hunter Education and Safety
subprogram and the Enhanced Hunter Education and Safety program?
§ 80.61 What requirements apply to funds for the Recreational Boating Access subprogram?
§ 80.62 What limitations apply to spending on the Aquatic Resource Education and the
Outreach and Communications subprograms?
§ 80.63 Does an agency have to allocate costs in multipurpose projects and facilities?
§ 80.64 How does an agency allocate costs in multipurpose projects and facilities?
§ 80.65 Does an agency have to allocate funds between marine and freshwater fisheries
projects?
§ 80.66 What requirements apply to allocation of funds between marine and freshwater
fisheries projects?
§ 80.67 May an agency finance an activity from more than one annual apportionment?
§ 80.68 What requirements apply to financing an activity from more than one annual
apportionment?
Subpart G—Application for a Grant
§ 80.80 How does an agency apply for a grant?
§ 80.81 What must an agency submit when applying for a comprehensive-managementsystem grant?
§ 80.82 What must an agency submit when applying for a project-by-project grant?
§ 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 match?
Subpart H—General Grant Administration
§ 80.90 What are the grantee'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 an agency incur costs under a grant?
§ 80.94 May an agency incur costs before the beginning of the grant period?
§ 80.95 How does an agency receive Federal grant funds?
§ 80.96 May an agency use Federal funds without using match?
§ 80.97 May an agency barter goods or services to carry out a grant-funded project?
§ 80.98 How must an agency report barter transactions?
§ 80.99 Are symbols available to identify projects?
§ 80.100 Does an agency have to display one of the symbols in this part on a completed
project?
Subpart I—Program Income
§ 80.120
§ 80.121
§ 80.122
income?
§ 80.123
§ 80.124
§ 80.125
§ 80.126

What is program income?
May an agency earn program income?
May an agency deduct the costs of generating program income from gross
How may an agency use program income?
How may an agency use unexpended program income?
How must an agency treat income that it earns after the grant period?
How must an agency treat income earned by a subgrantee after the grant period?
Subpart J—Real Property

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§ 80.130 Does an agency have to hold title to real property acquired under a grant?
§ 80.131 Does an agency have to hold an easement acquired under a grant?
§ 80.132 Does an agency have to control the land or water where it completes capital
improvements?
§ 80.133 Does an agency have to maintain acquired or completed capital improvements?
§ 80.134 How must an agency use real property?
§ 80.135 What if an agency allows a use of real property that interferes with its authorized
purpose?
§ 80.136 Is it a diversion if an agency does not use grant-acquired real property 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 an agency ask for revision of a grant?
§ 80.151 May an agency appeal a decision?
Subpart L—Information Collection
§ 80.160 What are the information collection requirements of this part?

Authority: 16 U.S.C. 669–669k; 16 U.S.C. 777–777n, except 777e–1 and g–1.
Source: 76 FR 46156, Aug. 1, 2011, unless otherwise noted.
Subpart A—General
top

§ 80.1 What does this part do?
top
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 financial assistance from the Wildlife Restoration program, the Basic Hunter Education and
Safety subprogram, and the Enhanced Hunter Education and Safety grant program, if authorized.
(d) Receive financial assistance from the Sport Fish Restoration program, the Recreational Boating
Access subprogram, the Aquatic Resources Education subprogram, and the Outreach and
Communications subprogram.
(e) Comply with the requirements of the Acts.

§ 80.2 What terms do I need to know?
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The terms in this section pertain only to the regulations in this part.

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Acts means the Pittman-Robertson Wildlife Restoration Act of September 2, 1937, as amended (16
U.S.C. 669–669k), and the Dingell-Johnson Sport Fish Restoration Act of August 9, 1950, as amended
(16 U.S.C. 777–777n, except 777e–1 and g–1).
Agency means a State fish and wildlife agency.
Angler means a person who fishes for sport fish for recreational purposes as permitted by State law.
Capital improvement. (1) Capital improvement means:
(i) A structure that costs at least $10,000 to build; or
(ii) The alteration, renovation, or repair of a structure if it increases the structure's useful life or its market
value by at least $10,000.
(2) An agency may use its own definition of capital improvement if its definition includes all capital
improvements as defined here.
Comprehensive management system is a State fish and wildlife agency's method of operations that links
programs, financial systems, human resources, goals, products, and services. It assesses the current,
projected, and desired status of fish and wildlife; it develops a strategic plan and carries it out through an
operational planning process; and it 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 comprehensivemanagement-system grant funds all or part of a State's comprehensive management system.
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.
Director means:
(1) The person whom the Secretary:
(i) Appointed as the chief executive official of the U.S. Fish and Wildlife Service, and
(ii) Delegated authority 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.
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, which includes all possible interests or rights that a person can hold in a parcel of land or
water; or
(2) Fee with exceptions to title, which excludes one or more real property interests that would otherwise
be part of the fee simple.
Grant means an award of money, the principal purpose of which is to transfer funds or property from a
Federal agency to a grantee to support or stimulate an authorized public purpose under the Acts. This
part uses the term grant for both a grant and a cooperative agreement for convenience of reference.
This use does not affect the legal distinction between the two instruments. The meaning of grant in the
terms grant funds, grant-funded, under a grant, and under the grant includes the matching cash and any
matching in-kind contributions in addition to the Federal award of money.
Grantee means the State fish and wildlife agency that applies for the grant and carries out grant-funded
activities in programs authorized by the Acts. The State fish and wildlife agency acts on behalf of the
State government, which is the legal entity and is accountable for the use of Federal funds, matching

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funds, and matching in-kind contributions.
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 his or her 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.
Match means the value of any non-Federal in-kind contributions and the portion of the costs of a grantfunded project or projects not borne by the Federal Government.
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 moveable without substantive damage to the land
or any structure to which they may be attached;
(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 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 to use an area of land or water with at least one of the
following attributes:
(A) Are revocable at the landowner's discretion;
(B) Terminate when the landowner dies or the area of land or water passes to another owner; 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 grant 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 comprehensive management system grant.
Project-by-project grant means an award of money based on a detailed statement of a project or
projects and other supporting documentation.
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 fee and leasehold interests, conservation
easements, and mineral rights.
(1) A parcel includes (unless limited by its legal description) the air space above the parcel, the ground
below it, and anything physically and firmly attached 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.

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(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 “lease” is often a type of personal property known as a license,
which is described in the definition of personal property in this section.
Regional Director means the person appointed by the Director to be the chief executive official of one of
the Service's geographic Regions, or a deputy or another person temporarily authorized to exercise the
authority of the chief executive official of one of the Service's geographic Regions. This person's
responsibility does not extend to any administrative units that the Service's Washington Office
supervises directly in that geographic Region.
Secretary means the person appointed by the President to direct the operation of the Department of the
Interior, or a deputy or another person who is temporarily authorized to direct the operation of the
Department.
Service means the U.S. Fish and Wildlife Service.
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 Commonwealths of Puerto Rico and the Northern
Mariana Islands, and the territories of Guam, the U.S. Virgin Islands, and American Samoa. State also
includes the District of Columbia for purposes of the Dingell-Johnson Sport Fish Restoration Act, the
Sport Fish Restoration program, and its subprograms. State does not include the District of Columbia for
purposes of the Pittman-Robertson Wildlife Restoration Act and the programs and subprogram under
the Act because the Pittman-Robertson Wildlife Restoration Act does not authorize funding for the
District. 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 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 means a record of financial transactions for groups of similar activities based on programs
and subprograms. Each group has a unique number. Different subaccounts also distinguish between
benefits to marine or freshwater fisheries in the programs and subprograms authorized by the DingellJohnson Sport Fish Restoration Act.
Useful life means the period during which a federally funded capital improvement 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.

Subpart B—State Fish and Wildlife Agency Eligibility
top

§ 80.10 Who is eligible to receive the benefits of the Acts?
top
States acting through their fish and wildlife agencies are eligible for benefits of the Acts only if they pass
and maintain legislation that:

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(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?
top
A State becomes ineligible to receive the benefits of the Acts if it:
(a) Fails materially to comply with any law, regulation, or term of a grant 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 Does an agency have to confirm that it wants to receive an annual
apportionment of funds?
top
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
top

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

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(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?
top
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 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?
top
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.
(b) The State fish and wildlife agency must replace all diverted cash derived from license revenue and
the interest lost up to the date of repayment. It must enter into State records the receipt of this cash and
interest.
(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 a cash 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 (d)(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

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this section.

§ 80.23 Does a declaration of diversion affect a previous Federal obligation of funds?
top
No. Federal funds obligated before the date that the Director declares a diversion remain available for
expenditure without regard to the intervening period of the State's ineligibility. See §80.91 for when a
Federal obligation occurs.

Subpart D—Certification of License Holders
top

§ 80.30 Why must an agency certify the number of paid license holders?
top
A State fish and wildlife agency must certify the number of people having paid licenses to hunt and paid
licenses to fish because the Service uses these data in statutory formulas to apportion funds in the
Wildlife Restoration and Sport Fish Restoration programs among the States.

§ 80.31 How does an agency certify the number of paid license holders?
top
(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 people who have paid licenses to hunt in the State during the State-specified
certification period (certification period); and
(2) The number of people who have paid licenses to fish in the State during the certification period.
(b) The agency director or his or her designee:
(1) Must certify the information 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 he or
she certifies; and
(4) May use statistical sampling, automated record consolidation, or other techniques approved by the
Director for this purpose.
(c) If an agency director uses statistical sampling to eliminate multiple counting of the same individuals,
he or she 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?

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top
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 Federal fiscal year in which
the apportioned funds first become available for expenditure.

§ 80.33 How does an agency decide who to count as paid license holders in the
annual certification?
top
(a) A State fish and wildlife agency must count only those people 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 follow the rules in this table in deciding how to count license holders in the annual
certification:

Type of license holder
(1) A person who has either a paid hunting
license or a paid sportfishing license even if
the person is not required to have a paid
license or is unable to hunt or fish
(2) A person who has more than one paid
hunting license because the person either
voluntarily obtained them or was required to
have more than one license
(3) A person who has more than one paid
sportfishing license because the person
either voluntarily obtained them or was
required to have more than one license
(4) A person who has a paid single-year
hunting license or a paid single-year
sportfishing license for which the agency
receives at least $1 of net revenue. (Singleyear licenses are valid for any length of time
less than 2 years.)
(5) A person who has a paid multiyear
hunting license or a paid multiyear
sportfishing license for which the agency
receives at least $1 of net revenue for each
year in which the license is valid. (Multiyear

How to count each license
holder
Once.

Once.

Once.

Once in the certification period
in which the license first
becomes valid.

Once in each certification
period in which the license is
valid.

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licenses must also meet the requirements at
§80.35.)
(6) A person holding a paid single-year
combination license permitting both hunting
and sportfishing for which the agency
receives at least $2 of net revenue

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Twice in the first certification
period in which the license is
valid: once as a person who
has a paid hunting license, and
once as a person who has a
paid sportfishing license.
Twice in each certification
period in which the license is
valid; once as a person who
has a paid hunting license, and
once as a person who has a
paid sportfishing license.

(7) A person holding a paid multiyear
combination license permitting both hunting
and sportfishing for which the agency
receives at least $2 of net revenue for each
year in which the license is valid. (Multiyear
licenses must also meet the requirements in
§80.35.)
(8) A person who has a license that allows Cannot be counted.
the license holder only to trap animals or
only to engage in commercial fishing or
other commercial activities
§ 80.34 How does an agency calculate net revenue from a license?
top

The State fish and wildlife agency must calculate net revenue from a license by subtracting the perlicense costs of issuing the license from the revenue generated by the license. Examples of costs of
issuing licenses are vendors' fees, automated license-system costs, licensing-unit personnel costs, and
the costs of printing and distribution.

§ 80.35 What additional requirements apply to multiyear licenses?
top
The following additional requirements apply to multiyear licenses:
(a) 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.
(b) The agency must receive net revenue from a multiyear license that is in close approximation to the
net revenue received for a single-year license providing similar privileges:
(1) Each year during the license period; or
(2) At the time of sale as if it were a single-payment annuity, which is an investment of the license fee
that results in the agency receiving at least the minimum required net revenue for each year of the
license period.
(c) An agency may spend a multiyear license fee as soon as the agency receives it as long as the fee
provides the minimum required net revenue for the license period.
(d) The agency must count only the licenses that meet the minimum required net revenue for the license
period based on:
(1) The duration of the license in the case of a multiyear license with a specified ending date; or

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(2) Whether the license holder remains alive.
(e) The agency must obtain the Director's approval of its proposed technique to decide how many
multiyear-license holders remain alive in the certification period. Some examples of techniques are
statistical sampling, life-expectancy tables, and mortality tables.

§ 80.36 May an agency count license holders in the annual certification if the agency
receives funds from the State to cover their license fees?
top
If a State fish and wildlife agency receives funds from the State 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 fishinglicense revenue.
(b) The State must identify funds to cover license fees separately from other funds provided to the
agency.
(c) The 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 five 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 agency must receive State funds that are at least equal to the fees charged for the single-year
license providing similar privileges. If the State does not have a single-year license providing similar
privileges, the Director must approve the fee paid by the State for those license holders.
(e) The agency must receive and account for the State funds as license revenue.
(f) The agency must issue licenses in the license holder's name or by using a unique identifier that is
traceable to the license holder, who must be verifiable in State records.
(g) The license fees must meet all other requirements of 50 CFR 80.

§ 80.37 What must an agency do if it becomes aware of errors in its certified license
data?
top
A State fish and wildlife agency must submit revised certified data on paid 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 it becomes aware of errors in its certified data and does not resubmit
accurate certified data within 90 days.

§ 80.38 May the Service recalculate an apportionment if an agency submits revised
data?
top

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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 final apportionment only if it would
not reduce funds to other State fish and wildlife agencies.

§ 80.39 May the Director correct a Service error in apportioning funds?
top
Yes. The Director may correct any error that the Service makes in apportioning funds.

Subpart E—Eligible Activities
top

§ 80.50 What activities are eligible for funding under the Pittman-Robertson Wildlife
Restoration Act?
top
The following activities are eligible for funding under the Pittman-Robertson Wildlife Restoration Act:
(a) Wildlife Restoration program.
(1) Restore and manage wildlife for the benefit of the public.
(2) Conduct research on the problems of managing wildlife and its habitat if necessary to administer
wildlife resources efficiently.
(3) Obtain data to guide and direct the regulation of hunting.
(4) Acquire real property suitable or capable of being made suitable for:
(i) Wildlife habitat; or
(ii) Public access for hunting or other wildlife-oriented recreation.
(5) Restore, rehabilitate, improve, or manage areas of lands or waters as wildlife habitat.
(6) Build structures or acquire equipment, goods, and services to:
(i) Restore, rehabilitate, or improve lands or waters as wildlife habitat; or
(ii) Provide public access for hunting or other wildlife-oriented recreation.
(7) Operate or maintain:
(i) Projects that the State fish and wildlife agency completed under the Pittman-Robertson Wildlife
Restoration Act; or
(ii) Facilities that the agency acquired or constructed with funds other than those authorized under the
Pittman-Robertson Wildlife Restoration Act if these facilities are necessary to carry out activities

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authorized by the Pittman-Robertson Wildlife Restoration Act.
(8) Coordinate grants in the Wildlife Restoration program and related programs and subprograms.
(b) Wildlife Restoration—Basic Hunter Education and Safety subprogram.
(1) Teach the skills, knowledge, and attitudes necessary to be a responsible hunter.
(2) Construct, operate, or maintain firearm and archery ranges for public use.
(c) Enhanced Hunter Education and Safety program.
(1) Enhance 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) Enhance interstate coordination of hunter-education and firearm- and archery-range programs.
(3) Enhance programs for education, safety, or development of bow hunters, archers, and shooters.
(4) Enhance construction and development of firearm and archery ranges.
(5) Update safety features of firearm and archery ranges.

§ 80.51 What activities are eligible for funding under the Dingell-Johnson Sport Fish
Restoration Act?
top
The following activities are eligible for funding under the Dingell-Johnson Sport Fish Restoration Act:
(a) Sport Fish Restoration program.
(1) Restore and manage sport fish for the benefit of the public.
(2) Conduct research on the problems of managing fish and their habitat and the problems of fish culture
if necessary to administer sport fish resources efficiently.
(3) Obtain 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) Develop and adopt 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) Stock fish for recreational purposes.
(6) Acquire real property suitable or capable of being made suitable for:
(i) Sport fish habitat or as a buffer to protect that habitat; or
(ii) Public access for sport fishing. Closures to sport fishing must be based on the recommendations of
the State fish and wildlife agency for fish and wildlife management purposes.

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(7) Restore, rehabilitate, improve, or manage:
(i) Aquatic areas adaptable for sport fish habitat; or
(ii) Land adaptable as a buffer to protect sport fish habitat.
(8) Build structures or acquire equipment, goods, and services to:
(i) Restore, rehabilitate, or improve aquatic habitat for sport fish, or land as a buffer to protect aquatic
habitat for sport fish; or
(ii) Provide public access for sport fishing.
(9) Construct, renovate, operate, or maintain 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) Operate or maintain:
(i) Projects that the State fish and wildlife agency completed under the Dingell-Johnson Sport Fish
Restoration Act; or
(ii) Facilities that the agency acquired or constructed with funds other than those authorized by the
Dingell-Johnson Sport Fish Restoration Act if these facilities are necessary to carry out activities
authorized by the Act.
(11) Coordinate grants in the Sport Fish Restoration program and related programs and subprograms.
(b) Sport Fish Restoration—Recreational Boating Access subprogram.
(1) Acquire land for new facilities, build new facilities, or acquire, renovate, or improve existing facilities
to create or improve public access to the waters of the United States or improve the suitability of these
waters for recreational boating. A broad range of access facilities and associated amenities can qualify
for funding, but they must provide benefits to recreational boaters. “Facilities” includes auxiliary
structures necessary to ensure safe use of recreational boating access facilities.
(2) Conduct surveys to determine the adequacy, number, location, and quality of facilities providing
access to recreational waters for all sizes of recreational boats.
(c) Sport Fish Restoration—Aquatic Resource Education subprogram. Enhance the public's
understanding of water resources, aquatic life forms, and sport fishing, and develop responsible
attitudes and ethics toward the aquatic environment.
(d) Sport Fish Restoration—Outreach and Communications subprogram.
(1) Improve communications with anglers, boaters, and the general public on sport fishing and boating
opportunities.
(2) Increase participation in sport fishing and boating.
(3) Advance the adoption of sound fishing and boating practices including safety.
(4) Promote conservation and responsible use of the aquatic resources of the United States.

§ 80.52 May an activity be eligible for funding if it is not explicitly eligible in this part?
top
An activity may be eligible for funding even if this part does not explicitly designate it as an eligible

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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 Pittman-Robertson Wildlife Restoration Act or the Dingell-Johnson Sport Fish
Restoration Act; and
(b) The Regional Director concurs with the justification.

§ 80.53 Are costs of State central services eligible for funding?
top
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.

§ 80.54 What activities are ineligible for funding?
top
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.
(b) Public relations activities to promote the State fish and wildlife agency, other State administrative
units, or the State.
(c) Activities conducted for the primary purpose of producing income.
(d) Activities, projects, or programs that promote or encourage opposition to the regulated taking of fish,
hunting, or the trapping of wildlife.

§ 80.55 May an agency receive a grant to carry out part of a larger project?
top
A State fish and wildlife agency may receive a grant to carry out part of a larger project that uses funds
unrelated to the grant. The grant-funded part of the larger project must:
(a) Result in an identifiable outcome consistent with the purposes of the grant program;
(b) Be substantial in character and design;
(c) Meet the requirements of §§80.130 through 80.136 for any real property acquired under the grant
and any capital improvements completed under the grant; and
(d) Meet all other requirements of the grant program.

§ 80.56 How does a proposed project qualify as substantial in character and design?
top
A proposed project qualifies as substantial in character and design if it:
(a) Describes a need consistent with the Acts;

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(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, or education; and
(d) Is cost effective.

Subpart F—Allocation of Funds by an Agency
top

§ 80.60 What is the relationship between the Basic Hunter Education and Safety
subprogram and the Enhanced Hunter Education and Safety program?
top
The relationship between the Basic Hunter Education and Safety subprogram (Basic Hunter Education)
and the Enhanced Hunter Education and Safety program (Enhanced Hunter Education) is as follows:

(a) Which
activities are
eligible for
funding?
(b) How long
are funds
available for
obligation?
(c) What if
funds are not
fully obligated
during the
period of
availability?

(d) What if
funds are fully
obligated
during the
period of
availability?

Basic Hunter Education
Enhanced Hunter
funds
Education funds
Those listed at §80.50(a) and Those listed at 80.50(c), but
(b)
see 80.60(d) under Basic
Hunter Education funds.
Two Federal fiscal years

One Federal fiscal year.

The Service may use
unobligated funds to carry out
the Migratory Bird
Conservation Act (16 U.S.C.
715 et seq. ).

The Service reapportions
unobligated funds to eligible
States as Wildlife Restoration
funds for the following fiscal
year. States are eligible to
receive funds only if their
Basic Hunter Education funds
were fully obligated in the
preceding fiscal year for
activities at §80.50(b).
No special provisions apply.

If Basic Hunter Education
funds are fully obligated for
activities listed at 80.50(b), the
agency may use that fiscal
year's Enhanced Hunter
Education funds for eligible
activities related to Basic
Hunter Education, Enhanced
Hunter Education, or the
Wildlife Restoration program.

§ 80.61 What requirements apply to funds for the Recreational Boating Access
subprogram?

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top
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 each annual apportionment under the
Dingell-Johnson 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. As long as this requirement is met, an individual State agency may allocate more or less
than 15 percent of its annual apportionment in a single Federal fiscal year with the Regional Director's
approval.
(c) The Regional Director calculates Regional allocation averages for separate 5-year periods that
coincide with Federal fiscal years 2008–2012, 2013–2017, 2018–2022, 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) This paragraph applies if State fish and wildlife agencies 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 Federal
fiscal year after the Federal fiscal year 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 fiscal year.

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

§ 80.63 Does an agency have to allocate costs in multipurpose projects and facilities?
top

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Yes. A State fish and wildlife agency must allocate costs in multipurpose projects and facilities. A grantfunded project or facility is multipurpose if it carries out the purposes of:
(a) A single grant program under the Acts; and
(b) Another grant program under the Acts, a grant program not under the Acts, or an activity unrelated to
grants.

§ 80.64 How does an agency allocate costs in multipurpose projects and facilities?
top
A State fish and wildlife agency must allocate costs in multipurpose projects based on 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 grant application.

§ 80.65 Does an agency have to allocate funds between marine and freshwater
fisheries projects?
top
Yes. Each coastal State's fish and wildlife agency must equitably allocate the funds apportioned under
the Dingell-Johnson Sport Fish Restoration Act between projects with benefits for marine fisheries and
projects with benefits for freshwater fisheries.
(a) The subprograms authorized by the Dingell-Johnson Sport Fish Restoration Act do not have to
allocate funding in the same manner as long as the State fish and wildlife agency equitably allocates
Dingell-Johnson Sport Fish Restoration funds as a whole 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.

§ 80.66 What requirements apply to allocation of funds between marine and
freshwater fisheries projects?
top
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 and obligates funds it must meet the following
requirements:
(1) The ratio of total funds obligated for marine fisheries projects to total funds obligated 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 obligated for freshwater fisheries projects to total funds obligated 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.

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(b) A resident angler is one who fishes for recreational purposes in the same State where he or she
maintains legal residence.
(c) Agencies must determine the relative distribution of resident anglers in the State between those that
fish in marine environments and those that 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 that fish in marine environments and those that 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 they demonstrate to the Director that they have allocated the funds equitably.

§ 80.67 May an agency finance an activity from more than one annual apportionment?
top
A State fish and wildlife agency may use funds from more than one annual apportionment to finance
high-cost projects, such as construction or acquisition of lands or interests in lands, including water
rights. An agency may do this 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 according to a plan
approved by the Regional Director and subject to the availability of funds.
(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. The Service will reimburse or advance funds to the agency
according to a plan approved by the Regional Director and subject to the availability of funds.

§ 80.68 What requirements apply to financing an activity from more than one annual
apportionment?
top
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, it 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
Federal Cost Principles.

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Subpart G—Application for a Grant
top

§ 80.80 How does an agency apply for a grant?
top
(a) An agency applies for a grant by sending the Regional Director:
(1) Completed standard forms that are:
(i) Approved by the Office of Management and Budget for the grant application process; and
(ii) Available on the Federal Web site for electronic grant applications at http://www.grants.gov; and
(2) Information required for a comprehensive-management-system grant or a project-by-project grant.
(b) The director of the State fish and wildlife agency or his or her designee must sign all standard forms
submitted in the application process.
(c) The agency must send copies of all standard forms and supporting information to the State
Clearinghouse or Single Point of Contact before sending it to the Regional Director if the State supports
this process under Executive Order 12372, Intergovernmental Review of Federal Programs.

§ 80.81 What must an agency submit when applying for a comprehensivemanagement-system grant?
top
A State fish and wildlife agency must submit the following documents when applying for a
comprehensive-management-system grant:
(a) The standard form for an application for Federal assistance in a mandatory grant program.
(b) The standard forms for assurances for nonconstruction programs and construction programs as
applicable. Agencies may submit these standard forms for assurances annually to the Regional Director
for use with all applications for Federal assistance in the programs and subprograms under the Acts.
(c) A statement of cost estimates by subaccount. Agencies may obtain the subaccount numbers from
the Service's Regional Division of Wildlife and Sport Fish Restoration.
(d) Supporting documentation explaining how the proposed work complies with the Acts, the provisions
of this part, and other applicable laws and regulations.
(e) A statement of the agency's intent to carry out and fund part or all of its comprehensive management
system through a grant.
(f) 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.
(g) A description of the State fish and wildlife agency program covered by the comprehensive
management system.

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(h) Contact information for the State fish and wildlife agency employee who is directly responsible for the
integrity and operation of the comprehensive management system.
(i) A description of how the public can take part in decisionmaking for the comprehensive management
system.

§ 80.82 What must an agency submit when applying for a project-by-project grant?
top
A State fish and wildlife agency must submit the following documents when applying for a project-byproject grant:
(a) The standard form for an application for Federal assistance in a mandatory grant program.
(b) The standard forms for assurances for nonconstruction programs and construction programs as
applicable. Agencies may submit these standard forms for assurances annually to the Regional Director
for use with all applications for Federal assistance in the programs and subprograms under the Acts.
(c) 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 and Objectives. State the purpose and objectives, and base them on the need. The purpose
states the desired outcome of the proposed project in general or abstract terms. The objectives state the
desired outcome of the proposed project in terms that are specific and quantified.
(3) Results or benefits expected.
(4) Approach. Describe the methods used to achieve the stated objectives.
(5) 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.
(6) Geographic location.
(7) Principal investigator for research projects. Record the principal investigator's name, work address,
and work telephone number.
(8) 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 matching) of applying
program income to Federal and non-Federal outlays.
(iii) Request the Regional Director's approval for the matching method. Describe how the agency
proposes to use the program income and the expected results. Describe the essential need for using
program income as match.
(iv) Indicate whether the agency wants to treat program income that it earns after the grant period as
license revenue or additional funding for purposes consistent with the grant or program.
(v) Indicate whether the agency wants to treat program income that the subgrantee earns as license
revenue, additional funding for the purposes consistent with the grant or subprogram, or income subject
only to the terms of the subgrant agreement.
(9) Budget narrative. 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 Service's
Regional Division of Wildlife and Sport Fish Restoration. Describe any item that requires the Service's

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approval and estimate its cost. Examples are preaward costs and capital expenditures for land,
buildings, and equipment. Include a schedule of payments to finish the project if an agency proposes to
use funds from two or more annual apportionments.
(10) Multipurpose projects. Describe the method for allocating costs in multipurpose projects and
facilities as described in §§80.63 and 80.64.
(11) Relationship with other grants. Describe any relationship between this project and other work
funded by Federal grants that is planned, anticipated, or underway.
(12) Timeline. Describe significant milestones in completing the project and any accomplishments to
date.
(13) 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?
top
(a) 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 one 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 Dingell-Johnson
Sport Fish Restoration Act. The Regional Director decides on the specific Federal share between 75 and
100 percent based on what he or she 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 voluntarily provides match to pay the remaining allowable costs. However, the Regional
Director must not reduce the Federal share below 10 percent unless he or she follows the procedure at
paragraph (d) of this section.
(c) The Regional Director may provide funds to pay 75 to 100 percent of the allowable costs of a project
funded by a grant to a fish and wildlife agency of the Commonwealths of Puerto Rico and the Northern
Mariana Islands and the territories of Guam, the U.S. Virgin Islands, and American Samoa. The
Regional Director decides on the specific Federal share between 75 and 100 percent based on what he
or she 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 or territorial fish and wildlife agency
voluntarily provides match to pay the remaining allowable costs. However, the Regional Director must
not reduce the Federal share below 10 percent unless he or she follows the procedure at paragraph (d)
of this section. The Federal share of allowable costs for a grant-funded project for the Commonwealth of
the Northern Mariana Islands and the territories of Guam, the U.S. Virgin Islands, and American Samoa
may be affected by the waiver process described at §80.84(c).
(d) 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.

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

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top
(a) To establish the non-Federal share of a grant-funded project for the 50 States, the Regional Director
approves an application for Federal assistance in which the State fish and wildlife agency proposes the
specific non-Federal share by estimating the Federal and match dollars, consistent with §80.83(a).
(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)
through (d);
(2) Subtracts the Federal share percentage from 100 percent to determine the percentage of nonFederal share; and
(3) Applies the percentage of non-Federal share to the allowable costs of a grant-funded project to
determine the match requirement.
(c) To establish the non-Federal share of a grant-funded project for the Commonwealth of the Northern
Mariana Islands and the territories of Guam, the U.S. Virgin Islands, and American Samoa, the Regional
Director must first calculate a preliminary percentage of non-Federal share in the same manner as
described in paragraph (b) of this section. Following 48 U.S.C. 1469a, the Regional Director must then
waive the first $200,000 of match to establish the final non-Federal match requirement for a project that
includes funding from only one grant program or subprogram. If a project includes funds from more than
one grant program or subprogram, the Regional Director must waive the first $200,000 of match applied
to the funds for each program and subprogram.

§ 80.85 What requirements apply to match?
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The requirements that apply to match include:
(a) Match may be in the form of cash or in-kind contributions.
(b) Unless authorized by Federal law, the State fish and wildlife agency or any other entity must not:
(1) Use as match Federal funds or the value of an in-kind contribution acquired with Federal funds; or
(2) Use the cost or value of an in-kind contribution to satisfy a match requirement if the cost or value has
been or will be used to satisfy a match requirement of another Federal grant, cooperative agreement, or
contract.
(c) The agency must fulfill match requirements at the:
(1) Grant level if the grant has funds from a single subaccount; or
(2) Subaccount level if the grant has funds from more than one subaccount.

Subpart H—General Grant Administration
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§ 80.90 What are the grantee's responsibilities?
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A State fish and wildlife agency as a grantee is responsible for all of the actions required by this section.

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(a) Compliance with all applicable Federal, State, and local laws and regulations.
(b) Supervision to ensure that the work follows the terms of the grant, including:
(1) Proper and effective use of funds;
(2) Maintenance of records;
(3) Submission of complete and accurate Federal financial reports and performance reports by the due
dates in the terms and conditions of the grant; and
(4) Regular inspection and monitoring of work in progress.
(c) Selection and supervision of 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) Settlement of all procurement-related contractual and administrative issues.
(e) Giving reasonable access to work sites and records by 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 grants awarded by the Department of the
Interior describe the records that are subject to these access requirements.
(3) The closeout of an award does not affect the grantee's responsibilities described in this section.
(f) Control of all assets acquired under the grant to ensure that they serve the purpose for which
acquired throughout their useful life.

§ 80.91 What is a Federal obligation of funds and how does it occur?
top
An obligation of funds is a legal liability to disburse funds immediately or at a later date as a result of a
series of actions. All of these actions must occur to obligate funds for the formula-based grant programs
authorized by the Acts:
(a) The Service sends an annual certificate of apportionment to a State fish and wildlife agency, 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 it under the Acts and commits to provide the required match to carry out projects that are
substantial in character and design.
(c) The Regional Director notifies the agency that he or she approves the application for Federal
assistance and states the terms and conditions of the grant.
(d) The agency accepts the terms and conditions of the grant in one of the following ways:

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(1) Starts work on the grant-funded project by placing an order, entering into a contract, awarding a
subgrant, receiving goods or services, or otherwise incurring allowable costs during the grant period that
will require payment immediately or in the future;
(2) Draws down funds for an allowable activity under the grant; or
(3) Sends the Regional Director a letter, fax, or e-mail accepting the terms and conditions of the grant.

§ 80.92 How long are funds available for a Federal obligation?
top
Funds are available for a Federal obligation during the fiscal year for which they are apportioned and
until the close of the following fiscal year except for funds in the Enhanced Hunter Education and Safety
program and the Recreational Boating Access subprogram. See §§80.60 and 80.61 for the length of
time that funds are available in this program and subprogram.

§ 80.93 When may an agency incur costs under a grant?
top
A State fish and wildlife agency may incur costs under a grant from the effective date of the grant period
to the end of the grant period except for preaward costs that meet the conditions in §80.94.

§ 80.94 May an agency incur costs before the beginning of the grant period?
top
(a) A State fish and wildlife agency may incur costs of a proposed project before the beginning of the
grant period (preaward costs). However, the agency has no assurance that it will receive reimbursement
until the Regional Director awards a grant that incorporates a project statement demonstrating that the
preaward costs conform to all of the conditions in paragraph (b) of this section.
(b) Preaward costs must meet the following requirements:
(1) The costs are necessary and reasonable for accomplishing the grant objectives.
(2) The Regional Director would have approved the costs if the State fish and wildlife agency incurred
them during the grant period.
(3) The agency incurs these costs in anticipation of the grant and in conformity with the negotiation of
the award with the Regional Director.
(4) The activities associated with the preaward 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 with all the information it needs with enough lead time for it to comply with the
applicable laws, regulations, and policies.
(6) The agency must not complete the project before the beginning of the grant period 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.

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(c) The agency can receive reimbursement for preaward costs only after the beginning of the grant
period.

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

§ 80.96 May an agency use Federal funds without using match?
top
(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 match than total Federal funds bear to total match
unless:
(1) The grantee draws down Federal grant funds to pay for construction, including land acquisition;
(2) An in-kind contribution of match is not yet available for delivery to the grantee or subgrantee; or
(3) The project is not at the point where it can accommodate an in-kind contribution.
(b) If an agency draws down Federal funds in greater proportion to the use of match than total Federal
funds bear to total match under the conditions described at paragraphs (a)(1) through (a)(3) of this
section, the agency must:
(1) Obtain the Regional Director's prior approval, and
(2) Satisfy the project's match requirement before it submits the final Federal financial report.

§ 80.97 May an agency barter goods or services to carry out a grant-funded project?
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Yes. A State fish and wildlife agency may barter to carry out a grant-funded project. A barter transaction

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is the exchange of goods or services for other goods or services without the use of cash. Barter
transactions are subject to the Cost Principles at 2 CFR part 220, 2 CFR part 225, or 2 CFR part 230.

§ 80.98 How must an agency report barter transactions?
top
(a) A State fish and wildlife agency must follow the requirements in the following table when reporting
barter transactions in the Federal financial report:

If * * *
(1) The goods or services exchanged
have the same market value,

Then the agency * * *
(i) Does not have to report bartered
goods or services as program
income or grant expenses in the
Federal financial report; and
(ii) Must disclose that barter
transactions occurred and state what
was bartered in the Remarks section
of the report.
(2) The market value of the goods or
Must report the difference in market
services relinquished exceeds the
value as grant expenses in the
market value of the goods and services Federal financial report.
received,
(3) The market value of the goods or
Must report the difference in market
services received exceeds the market value as program income in the
value of the goods and services
Federal financial report.
relinquished,
(4) The barter transaction was part of a (i) Does not have to report bartered
cooperative farming or grazing
goods or services as program
arrangement meeting the requirements income or grant expenses in the
in paragraph (b) of this section,
Federal financial report; and
(ii) Must disclose that barter
transactions occurred and identify
what was bartered in the Remarks
section of the Federal financial
report.

(b) For purposes of paragraph (a)(4) of this section, cooperative farming or grazing is an arrangement in
which an agency:
(1) Allows an agricultural producer to farm or graze livestock on land under the agency's control; and
(2) Designs the farming or grazing to advance the agency's fish and wildlife management objectives.

§ 80.99 Are symbols available to identify projects?
top
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 Pittman-Robertson Wildlife Restoration Act follows:

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View or download PDF
(b) The symbol of the Dingell-Johnson Sport Fish Restoration Act follows:

View or download PDF
(c) The symbol of the Acts when used in combination follows:

View or download PDF

§ 80.100 Does an agency have to display one of the symbols in this part on a
completed project?
top
No. 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
following these requirements or guidelines:
(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 require a subgrantee 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

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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.

Subpart I—Program Income
top

§ 80.120 What is program income?
top
(a) Program income is gross income received by the grantee or subgrantee and earned only as a result
of the grant during the grant period.
(b) Program income includes revenue from:
(1) Services performed under a grant;
(2) Use or rental of real or personal property acquired, constructed, or managed with grant funds;
(3) Payments by concessioners or contractors under an arrangement with the agency or subgrantee to
provide a service in support of grant objectives on real property acquired, constructed, or managed with
grant funds;
(4) Sale of items produced under a grant;
(5) Royalties and license fees for copyrighted material, patents, and inventions developed as a result of
a grant; or
(6) Sale of a product of mining, drilling, forestry, or agriculture during the period of a grant that supports
the:
(i) Mining, drilling, forestry, or agriculture; or
(ii) Acquisition of the land on which these activities occurred.
(c) Program income does not include:
(1) Interest on grant funds, rebates, credits, discounts, or refunds;

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(2) Sales receipts retained by concessioners or contractors under an arrangement with the agency to
provide a service in support of grant objectives on real property acquired, constructed, or managed with
grant funds;
(3) Cash received by the agency or by volunteer instructors to cover incidental costs of a class for hunter
or aquatic-resource education;
(4) Cooperative farming or grazing arrangements as described at §80.98; or
(5) Proceeds from the sale of real property.

§ 80.121 May an agency earn program income?
top
A State fish and wildlife agency may earn income from activities incidental to the grant purposes as long
as producing income is not a primary purpose. The agency must account for income received from these
activities in the project records and dispose of it according to the terms of the grant.

§ 80.122 May an agency deduct the costs of generating program income from gross
income?
top
(a) A State fish and wildlife agency may deduct the costs of generating program income from gross
income when it calculates program income as long as the agency does not:
(1) Pay these costs with:
(i) Federal or matching cash under a Federal grant; or
(ii) Federal cash unrelated to a grant.
(2) Cover these costs by accepting:
(i) Matching in-kind contributions for a Federal grant; or
(ii) Donations of services, personal property, or real property unrelated to a Federal grant.
(b) Examples of costs of generating program income that may qualify for deduction from gross income if
they are consistent with paragraph (a) of this section are:
(1) 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 facilitiesconstruction project.
(2) Cost of publishing research results as a pamphlet or book for sale if the publication is incidental to a
grant-funded research project.

§ 80.123 How may an agency use program income?
top
(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 grant period and to the program income that any subgrantee
earns during the grant period. The agency must indicate the method that it wants to use in the project
statement that it submits with each application for Federal assistance.

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(b) The three methods for applying program income to Federal and non-Federal outlays are in the
following table:

Method
Requirements for using the method
(1)
(i) The agency must deduct the program income from total
Deduction allowable costs to determine the net allowable costs.
(ii) The agency must use program income for current costs under
the grant 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 it must use the deduction method.
(2)
(i) The agency may add the program income to the Federal and
Addition
matching funds under the grant.
(ii) The agency must use the program income for the purposes of
the grant and under the terms of the grant.
(3)
(i) The agency must request the Regional Director's approval in
Matching the project statement.
(ii) The agency must explain in the project statement how the
agency proposes to use the program income, the expected
results, and why it is essential to use program income as match.
(iii) The Regional Director may approve the use of the matching
method if the requirements of paragraph (c) of this section are
met.
(c) The Regional Director may approve the use of the matching method if the proposed use of the
program income would:
(1) Be consistent with the intent of the applicable Act or Acts; and
(2) Result in at least one of the following:
(i) The agency substitutes program income for at least some of the match that it would otherwise have to
provide, and then uses this saved match for other fish or wildlife-related projects;
(ii) The agency substitutes program income for at least some of the apportioned Federal funds, and then
uses the saved Federal funds for additional eligible activities under the program; or
(iii) A net benefit to the program.

§ 80.124 How may an agency use unexpended program income?
top
If a State fish and wildlife agency has unexpended program income on its final Federal financial report, it
may use the income under a subsequent grant for any activity eligible for funding in the grant program
that generated the income.

§ 80.125 How must an agency treat income that it earns after the grant period?
top
(a) The State fish and wildlife agency must treat program income that it earns after the grant period as
either:

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(1) License revenue for the administration of the agency; or
(2) Additional funding for purposes consistent with the grant or the program.
(b) The agency must indicate its choice of one of the alternatives 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
grant period as license revenue.

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

Subpart J—Real Property
top

§ 80.130 Does an agency have to hold title to real property acquired under a grant?
top
A State fish and wildlife agency must hold title to an ownership interest in real property acquired under a
grant 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 grantfunded real property as long as the agency has the authority to manage the real property for its
authorized purpose under the grant. 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
subgrantee 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 Does an agency have to hold an easement acquired under a grant?
top
A State fish and wildlife agency must hold an easement acquired under a grant, but it may share certain
rights or responsibilities as described in paragraph (b) of this section if consistent with State law.

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(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 holding or enforcement of an easement only in the following situations:
(1) The State or another administrative unit of State government may hold an easement on behalf of its
fish and wildlife agency.
(2) The agency may subgrant 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 subgrantee hold the easement and share its rights and responsibilities.
(3) The agency may subgrant a right of enforcement to a nonprofit organization or to a local or tribal
government. This right of enforcement may allow the subgrantee to have reasonable access and entry
to property protected under the easement for purposes of inspection, monitoring, and enforcement. The
subgrantee's right of enforcement must not supersede and must be concurrent with the agency's right of
enforcement.

§ 80.132 Does an agency have to control the land or water where it completes capital
improvements?
top
Yes. A State fish and wildlife agency must control the parcel of land and water on which it 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 grant funds.

§ 80.133 Does an agency have to maintain acquired or completed capital
improvements?
top
Yes. A State fish and wildlife agency is responsible for maintaining capital improvements acquired or
completed under a grant to ensure that each capital improvement continues to serve its authorized
purpose during its useful life.

§ 80.134 How must an agency use real property?
top
(a) If a grant funds acquisition of an interest in a parcel of land or water, the State fish and wildlife
agency must use it for the purpose authorized in the grant.
(b) If a grant funds construction of a capital improvement, the agency must use the capital improvement
for the purpose authorized in the grant during the useful life of the capital improvement. The agency
must do this even if it did not use grant 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.
(c) If a grant funds management, operation, or maintenance of a parcel of land or water, or a capital
improvement, the agency must use it for the purpose authorized in the grant during the grant period. The
agency must do this even if it did not acquire the parcel or construct the capital improvement with grant
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

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authorized purpose of the grant.

§ 80.135 What if an agency allows a use of real property that interferes with its
authorized purpose?
top
(a) When a State fish and wildlife agency allows a use of real property that interferes with its authorized
purpose under a grant, 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, it 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 grant.
(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) Its determination of the value and benefits of the replacement property; and
(2) The documentation supporting this determination.
(f) The agency may have a reasonable time, 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 grants in the program or
programs that funded the original acquisition.

§ 80.136 Is it a diversion if an agency does not use grant-acquired real property for its
authorized purpose?
top
If a State fish and wildlife agency does not use grant-acquired real property for its authorized purpose, a
diversion occurs only if both of the following conditions apply:
(a) The agency used license revenue as match for the grant; 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?
top
If the director of the State fish and wildlife agency and the Regional Director jointly decide that grantfunded real property is no longer useful or needed for its original purpose under the grant, 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

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(b) Request disposition instructions for the real property under the process described at 43 CFR 12.71,
“Administrative and Audit Requirements and Cost Principles for Assistance Programs.”

Subpart K—Revisions and Appeals
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§ 80.150 How does an agency ask for revision of a grant?
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(a) A State fish and wildlife agency must ask for revision of a project or grant by sending the Service the
following documents:
(1) The standard form approved by the Office of Management and Budget as an application for Federal
assistance. The agency may use this form to update or request a change in the information that it
submitted in an approved application. The director of the agency or his or her designee must sign this
form.
(2) A statement attached to the application for Federal assistance 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) An agency must send any requested revision of the purpose or objectives of a project or grant to the
State Clearinghouse or Single Point of Contact if the State maintains this process under Executive Order
12372, Intergovernmental Review of Federal Programs.

§ 80.151 May an agency appeal a decision?
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An agency may appeal the Director's or Regional Director's decision on any matter subject to this part.
(a) The State fish and wildlife 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 under paragraph (a) of this section to the Secretary
within 30 days of the date that the Director mailed the decision. An appeal to the Secretary must follow
procedures in 43 CFR part 4, subpart G, “Special Rules Applicable to other Appeals and Hearings.”

Subpart L—Information Collection
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§ 80.160 What are the information collection requirements of this part?
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(a) This part requires each State fish and wildlife agency to provide the following information to the
Service. The State agency must:
(1) Certify the number of people who have paid licenses to hunt and the number of people who have
paid licenses to fish in a State during the State-specified certification period (OMB control number 1018–
0007).

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(2) Provide information for a grant application on a Governmentwide standard form (OMB control
number 4040–0002).
(3) Certify on a Governmentwide standard form that it:
(i) Has the authority to apply for the grant;
(ii) Has the capability to complete the project; and
(iii) Will comply with the laws, regulations, and policies applicable to nonconstruction projects,
construction projects, or both (OMB control numbers 4040–0007 and 4040–0009).
(4) Provide a project statement that describes the need, purpose and objectives, results or benefits
expected, approach, geographic location, explanation of costs, and other information that demonstrates
that the project is eligible under the Acts and meets the requirements of the Federal Cost Principles and
the laws, regulations, and policies applicable to the grant program (OMB control number 1018–0109).
(5) Change or update information provided to the Service in a previously approved application (OMB
control number 1018–0109).
(6) Report on a Governmentwide standard form on the status of Federal grant funds and any program
income earned (OMB control number 0348–0061).
(7) Report as a grantee on progress in completing the grant-funded project (OMB control number 1018–
0109).
(b) The authorizations for information collection under this part are in the Acts and in 43 CFR part 12,
subpart C, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.”
(c) Send comments on the information collection requirements to: U.S. Fish and Wildlife Service,
Information Collection Clearance Officer, 4401 North Fairfax Drive, MS 2042–PDM, Arlington, VA 22203.
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