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522 FW 22
Allowable Commercial Activities and Related Facilities on Federal Assistance Lands

Supersedes Directorís Order 167, 03/11/2004

Date:  August 18, 2006

Series: State Grant Programs

Part 522:  Federal Assistance Program Guidance

Originating Office: Division of Federal Assistance

 

 

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22.1 What is the purpose of this chapter? This chapter provides guidance on commercial activities and related facilities constructed on lands States acquire, develop, or manage with Federal Assistance funds under:

 

A. The Wildlife and Sport Fish Restoration Programs,

 

B. The Wildlife Conservation and Restoration Program,

 

C. The State Wildlife Grants Program (non-Tribal), and

 

D. The Landowner Incentive Program (non-Tribal).

 

22.2 To whom does this chapter apply? This chapter applies to all Service personnel who administer grant funds through the programs in 22.1A through D.

 

22.3 To what lands does this chapter apply? This chapter applies to the following, unless otherwise specified in the grant agreement between the State fish and wildlife agency and the Service:

 

A. Lands States acquire with Federal Assistance funds, regardless of when they acquired them.

 

B. Lands States develop or improve with Federal Assistance funds, for the useful life of the development or improvement (see 522 FW 18).

 

C. Lands on which States conduct any Federal Assistance-funded management activities during the defined grant periods.

 

22.4 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. Administrative and Audit Requirements and Cost Principles for Assistance Programs, Program Income (43 CFR 12.65(a)).

 

D. Administrative and Audit Requirements and Cost Principles for Assistance Programs, Real Property (43 CFR 12.71(b)).

 

E. Administrative Requirements for Federal Aid in Fish and Federal Aid in Wildlife Restoration Acts, Application of Federal Aid, Responsibilities, and Assurances (50 CFR 80.14(b)(2), 80.18(c), and 80.21).

 

F. Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118 STAT. 2809).

 

G. Environment and Related Agencies Appropriations Act (Pub. L. 109-148).

 

22.5 What commercial activities does this chapter cover? This chapter applies to any activity or service that produces income for any entity or individual and is conducted on lands or facilities that States acquired, developed, or manage with Federal Assistance funds under the programs described in section 22.1A through D. Examples of activities and services include:

 

A. Boat rentals,

 

B. Launching fees,

 

C. Camping fees,

 

D. Concessionaires,

 

E. Fees for guiding services,

 

F. Forestry and agricultural activities,

 

G. Snowmobile fees,

 

H. Professional photography,

 

I. Site access fees,

 

J. Horseback trail rides, and

 

K. Special associated event fees and visitor center fees.

 

22.6 What commercial activities and related facilities may States allow on lands they acquire, develop, or manage with Federal Assistance funds? The State fish and wildlife agency determines what commercial activities and related facilities to allow on Federal Assistance supported lands, based on authorizing legislation:

 

A. On lands supported under the Wildlife and Sport Fish Restoration Programs, the State agency may allow a commercial activity or facility as long as it will not interfere with the fulfillment of the restoration, conservation, management, and enhancement grant objectives for sport fish, wild birds, or wild mammals on the area.

 

B. On lands supported under the Wildlife Conservation and Restoration Program, State Wildlife Grants Program (non-Tribal), and the Landowner Incentive Program (non-Tribal), the State agency may allow a commercial activity or facility as long as it will not interfere with the fulfillment of the grant objectives for the benefit of species and their habitats eligible for funding through these three programs.  

 

C. For the Federal Assistance programs identified in this chapter that fund activities on private lands, it is the responsibility of the State and the private landowner to agree on allowable commercial activities and related facilities, consistent with sections 22.6A and B.

 

D. At the request of the State fish and wildlife agency, the Service will confer on proposed commercial activities or construction of related facilities.

 

22.7 What is the Serviceís authority to review compliance with the statutes and regulations related to allowing commercial activities? The State fish and wildlife agency has responsibility for the accountability and control of all assets, and has first responsibility to determine if a commercial activity or related facility interferes with the purpose for which it acquired, developed, or is managing the land (see 50 CFR 80.18). However, the Service has the right to review or inspect at any time to ensure compliance (see 50 CFR 80.21).

 

22.8 Are costs attributable to commercial activities and related facilities on lands States acquired, developed, or are managing with Federal Assistance funds eligible for Federal Assistance funding? No. Costs associated with commercial activities on lands States acquired, developed, or are managing with Federal Assistance funds are not eligible for Federal Assistance Program costs unless the commercial activity supports a grantís primary purpose. States may use contracts or other third-party agreements to fulfill grant objectives.

 

22.9 Must States include in the grant agreement information about commercial activities and related facilities on lands they acquire, develop, or manage with Federal Assistance funds? No. States do not need to include in the grant agreement a description of commercial activities and related facilities on lands they acquire, develop, or manage with Federal Assistance funds as long as:

 

A. The decision about what commercial activities and related facilities to allow remains with the State fish and wildlife agency,

 

B. The activities and related facilities do not interfere with the purpose for which they acquired, developed, or manage the lands, and

 

C. The cost of the activities and related facilities is not paid for with Federal Assistance funds under the Wildlife and Sport Fish Restoration Programs, the Wildlife Conservation and Restoration Program, the State Wildlife Grants Program (non-Tribal) and the Landowner Incentive Program (non-Tribal).

 

 


For information on the specific content of this chapter, contact the Division of Federal Assistance. For additional information about this Web page, contact Krista Bibb, in the Division of Policy and Directives Management, at Krista_Bibb@fws.gov.  


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