50 CFR 80, Subpart D

SUBCHAPTER F—FINANCIAL ASSISTANCE—WILDLIFE AND
SPORT FISH RESTORATION PROGRAM
PART
80—ADMINISTRATIVE
REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND
DINGELL-JOHNSON SPORT FISH
RESTORATION ACTS
Subpart A—General
Sec.
80.1 What does this part do?
80.2 What terms do I need to know?

Subpart B—State Fish and Wildlife Agency
Eligibility
80.10 Who is eligible to receive the benefits
of the Acts?
80.11 How does a State become ineligible to
receive the benefits of the Acts?
80.12 Does an agency have to confirm that
it wants to receive an annual apportionment of funds?

Subpart C—License Revenue
80.20 What does revenue from hunting and
fishing licenses include?
80.21 What if a State diverts license revenue
from the control of its fish and wildlife
agency?
80.22 What must a State do to resolve a declaration of diversion?
80.23 Does a declaration of diversion affect a
previous Federal obligation of funds?

jstallworth on DSKBBY8HB2PROD with CFR

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
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?

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U.S. Fish and Wildlife Serv., Interior
80.85

§ 80.2

What requirements apply to match?

Subpart K—Revisions and Appeals

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 What is program income?
80.121 May an agency earn program income?
80.122 May an agency deduct the costs of
generating program income from gross
income?
80.123 How may an agency use program income?
80.124 How may an agency use unexpended
program income?
80.125 How must an agency treat income
that it earns after the grant period?
80.126 How must an agency treat income
earned by a subgrantee after the grant
period?

jstallworth on DSKBBY8HB2PROD with CFR

Subpart J—Real Property
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?

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
§ 80.1

What does this part do?

This part of the Code of Federal Regulations tells States how they may:
(a) Use revenues derived from State
hunting and fishing licenses in compliance with the Acts.
(b) Receive annual apportionments
from the Federal Aid to Wildlife Restoration Fund (16 U.S.C. 669(b)), if authorized, and the Sport Fish Restoration and Boating Trust Fund (26 U.S.C
9504).
(c) Receive 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?

The terms in this section pertain
only to the regulations in this part.
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.

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jstallworth on DSKBBY8HB2PROD with CFR

§ 80.2

50 CFR Ch. I (10–1–18 Edition)

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
comprehensive-management-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 inkind 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 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 nonFederal in-kind contributions and the
portion of the costs of a grant-funded
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:

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U.S. Fish and Wildlife Serv., Interior

§ 80.2

(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.
(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 Headquarters 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

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§ 80.10

50 CFR Ch. I (10–1–18 Edition)

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
Dingell-Johnson 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.
[76 FR 46156, Aug. 1, 2011, as amended at 78
FR 35152, June 12, 2013]

Subpart B—State Fish and Wildlife
Agency Eligibility

jstallworth on DSKBBY8HB2PROD with CFR

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

(b) Ensures the conservation of fish
and wildlife; and
(c) Requires that revenue from hunting and fishing licenses be:
(1) Controlled only by the State fish
and wildlife agency; and
(2) Used only for administration of
the State fish and wildlife agency,
which includes only the functions required to manage the agency and the
fish- and wildlife-related resources for
which the agency has authority under
State law.
§ 80.11 How does a State become ineligible to receive the benefits of the
Acts?
A State becomes ineligible to receive
the benefits of the Acts if 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?
No. However, if a State fish and wildlife agency does not want to receive
the annual apportionment of funds, it
must notify the Service in writing
within 60 days after receiving a preliminary certificate of apportionment.

Subpart C—License Revenue
§ 80.20 What does revenue from hunting and fishing licenses include?
Hunting and fishing license revenue
includes:
(a) All proceeds from State-issued
general or special hunting and fishing
licenses, permits, stamps, tags, access
and use fees, and other State charges
to hunt or fish for recreational purposes. Revenue from licenses sold by
vendors is net income to the State
after deducting reasonable sales fees or
similar amounts retained by vendors.

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U.S. Fish and Wildlife Serv., Interior

§ 80.30

(b) Real or personal property acquired with license revenue.
(c) Income from the sale, lease, or
rental of, granting rights to, or a fee
for access to real or personal property
acquired or constructed with license
revenue.
(d) Income from the sale, lease, or
rental of, granting rights to, or a fee
for access to a recreational opportunity, product, or commodity derived
from real or personal property acquired, managed, maintained, or produced by using license revenue.
(e) Interest, dividends, or other income earned on license revenue.
(f) Reimbursements for expenditures
originally paid with license revenue.
(g) Payments received for services
funded by license revenue.
§ 80.21 What if a State diverts license
revenue from the control of its fish
and wildlife agency?
The Director may declare a State to
be in diversion if it violates the requirements of § 80.10 by diverting license revenue from the control of its
fish and wildlife agency to purposes
other than the agency’s administration. The State is then ineligible to receive benefits under the relevant Act
from the date the Director signs the
declaration until the State resolves the
diversion. Only the Director may declare a State to be in diversion, and
only the Director may rescind the declaration.

jstallworth on DSKBBY8HB2PROD with CFR

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

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

Subpart D—Certification of
License Holders
§ 80.30 Why must an agency certify the
number of paid license holders?
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.

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§ 80.31

50 CFR Ch. I (10–1–18 Edition)

§ 80.31 How does an agency certify the
number of paid license holders?
(a) A State fish and wildlife agency
certifies the number of paid license
holders by responding to the Director’s
annual request for the following information:
(1) The number of 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?
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?
(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:

jstallworth on DSKBBY8HB2PROD with CFR

Type of license holder

How to count each 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. (Single-year 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 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.
(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.)

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.

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.

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U.S. Fish and Wildlife Serv., Interior

§ 80.36

Type of license holder

How to count each license holder

(8) A person who has a license that allows 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?
The State fish and wildlife agency
must calculate net revenue from a license by subtracting the per-license
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.

jstallworth on DSKBBY8HB2PROD with CFR

§ 80.35 What additional requirements
apply to multiyear licenses?
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
(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 cer-

Cannot be counted.

tification 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?
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 fishing-license 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.

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§ 80.37

50 CFR Ch. I (10–1–18 Edition)

(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?
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?
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?

jstallworth on DSKBBY8HB2PROD with CFR

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

Subpart E—Eligible Activities
§ 80.50 What activities are eligible for
funding under the Pittman-Robertson Wildlife Restoration Act?
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 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.

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U.S. Fish and Wildlife Serv., Interior

§ 80.51

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.

jstallworth on DSKBBY8HB2PROD with CFR

§ 80.51 What activities are eligible for
funding under the Dingell-Johnson
Sport Fish Restoration Act?
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.
(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 DingellJohnson 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

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§ 80.52

50 CFR Ch. I (10–1–18 Edition)

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?
An activity may be eligible for funding even if this part does not explicitly
designate it as an eligible activity if:
(a) The State fish and wildlife agency
justifies in the project statement how
the activity will help carry out the
purposes of the 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?
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.

jstallworth on DSKBBY8HB2PROD with CFR

§ 80.54 What activities are ineligible
for funding?
The following activities are ineligible
for funding under the Acts, except
when necessary to carry out project
purposes approved by the Regional Director:
(a) Law enforcement activities.
(b) Public relations activities to promote the State fish and wildlife agen-

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

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?
The relationship between the Basic
Hunter Education and Safety subprogram (Basic Hunter Education) and the
Enhanced Hunter Education and Safety

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