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20.1 What
is the purpose of this chapter?
A. This
chapter describes the role of the Service and the State in
either:
(1)
Identifying and remedying a loss of control, or
(2) Seeking to
dispose of real property.
B. It also
provides guidance on whether or not such actions
constitute ”Federal actions” under the National Environmental Policy
Act or
other Federal compliance purposes.
20.2 What
is the scope of this chapter? This
chapter applies to
all Service personnel who administer grants funded through the Sport
Fish and
Wildlife Restoration Programs.
20.3 What
are the authorities for this chapter?
A. Federal Aid in Sport
Fish
Restoration Act (16
U.S.C. 777).
B. Pittman-Robertson
Wildlife Restoration Act (16
U.S.C. 669).
C. Uniform
Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, Real Property (43
CFR 12.71).
D.
Administrative Requirements for Federal Aid in Fish and Federal
Aid in Wildlife Restoration Acts, Diversion of License Fees (50
CFR 80.4(d)(2)).
E.
Administrative Requirements for Federal Aid in Fish and Federal
Aid in Wildlife Restoration Acts, Application of Federal Aid Funds (50
CFR 80.14(b)).
20.4 What
happens when the State fish and wildlife agency loses
control of real property acquired with Sport Fish or Wildlife
Restoration
Program funds (for example, through a State taking, State Department of
Transportation condemnation, etc.)?
A. When such
property passes from management control of the State
fish and wildlife agency, the control must be fully restored to the
State fish
and wildlife agency or the real property must be replaced using
non-Federal
Assistance funds. Replacement property must be of equal value at
current market
prices and have equal benefits as the original property. The State may
have a
reasonable time, up to 3 years from the date of notification by the
Service
Regional Director or Manager, California/Nevada Operations Office
(CNO), to
acquire replacement property before becoming ineligible to participate
in the
Sport Fish and/or Wildlife Restoration Programs (50
CFR 80.14(b)(1)).
B.
Replacement of real property cannot be funded with license
revenues.
C. We require
written documentation that the State replaced real
property as described in section 20.4A. We must keep the documentation
in our
administrative record to demonstrate compliance with the Federal
regulations
applicable to the Wildlife and Sport Fish Restoration Programs.
D. Except as
noted in section 20.4E below, any action we take under
this section is not a Federal action under the National Environmental
Policy
Act (NEPA) or for other Federal compliance purposes.
E. If a grant
used to acquire the real property is still open and
replacement of the real property requires an amendment to the grant,
then the
amendment is a Federal action.
20.5 What
happens when the State fish and wildlife agency wants to
dispose of real property acquired with Sport Fish or Wildlife
Restoration
Program funds? Prior to
disposing of real property, we require the following:
A. The State
fish and wildlife agency must determine that it no
longer needs the real property or find that the real property is no
longer useful
for its original purpose.
B. The
Service Regional Director/CNO Manager must approve this
determination and the State fish and wildlife agency and Service
Regional
Director/CNO Manager must agree to one of the three disposal methods
described
in 43
CFR 12.71(c).
C. The
approval of the Service Regional Director/CNO Manager to
dispose of such real property and the method for disposing of the real
property
constitute a Federal action under NEPA or for other Federal compliance
purposes.
20.6 What
happens when the State fish and wildlife agency loses
control or disposes of real property acquired with license revenue (no
Federal
funding involved)?
A. The State
fish and wildlife agency is required either to regain management
control of the lands or replace such lands with lands of equal values
and equal
benefits as those originally acquired, or the license revenues must be
restored
to the State agency.
B. To avoid
diversion, replacement of real property cannot be funded
with license revenues.
C. The State
is required to document in writing and enter into State
records the replacement of real property or restoration of license
revenues as
described in section 20.6A to demonstrate that there has been no
diversion of
license revenues.
D. Any action
we take under this section is not a Federal action
under NEPA or for other Federal compliance purposes.
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