[Federal Register: July 24, 2008 (Volume 73, Number 143)]
[Rules and Regulations]
[Page 43120-43130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy08-10]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 80
[FWS-R9-WSR-2008-0035; 91400-5110-0000-7B]
RIN 1018-AV99
Financial Assistance: Wildlife Restoration, Sport Fish
Restoration, Hunter Education and Safety
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are revising certain
provisions of the regulations governing the Wildlife Restoration, Sport
Fish Restoration, and Hunter Education and Safety financial assistance
programs. These revisions: (a) Address changes in law and regulation;
(b) clarify rules on license certification to address a greater number
of licensing choices that States have offered hunters and anglers; (c)
delete provisions on audits and records that are addressed in other
regulations broadly applicable to financial assistance programs managed
by the Department of the Interior; and (d) reword the regulations to
make them easier to understand. The revisions will improve the
regulations by making them more current and clear.
DATES: This rule is effective August 25, 2008.
FOR FURTHER INFORMATION CONTACT: Joyce Johnson, Wildlife and Sport Fish
Restoration Program, Division of Policy and Programs, U.S. Fish and
Wildlife Service, 703-358-2156.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of the Interior's Fish and Wildlife Service
(Service) manages 40 financial assistance programs, 14 of which are
managed, in whole or in part, by the Service's Wildlife and Sport Fish
Restoration Program. This final rule will revise title 50, part 80, of
the Code of Federal Regulations (CFR), which contains the regulations
that govern three programs: Wildlife Restoration, Sport Fish
Restoration, and Hunter Education and Safety. These programs provide
financial assistance to the fish and wildlife agencies of States and
other eligible jurisdictions to manage fish and wildlife and provide
hunter education and safety programs. The Catalog of Federal Domestic
Assistance at http://www.cfda.gov describes these programs under
15.611, 15.605, and 15.626.
The Federal Aid in Wildlife Restoration Act of September 2, 1937,
and the Federal Aid in Sport Fish Restoration Act of August 9, 1950, as
amended, established the programs affected by this rule. These Acts are
more commonly known as the Pittman-Robertson Wildlife Restoration Act
(50 Stat. 917; 16 U.S.C. 669-669k) and the Dingell-Johnson Sport Fish
Restoration Act (64 Stat. 430; 16 U.S.C. 777-777n). They established a
user-pay and user-benefit system in which the fish and wildlife
agencies of the States, Commonwealths, and territories receive formula-
based funding from a continuing appropriation. The District of Columbia
also receives such funding, but only for managing fish resources.
Industry partners pay taxes on equipment and gear purchased by hunters,
anglers, boaters, archers, and recreational shooters. Taxes on fuel for
motor boats and small engines are also a source of revenue. The Service
then distributes these funds to the fish and wildlife agencies of
States and other eligible jurisdictions. States must match these
Federal funds by providing at least a 25-percent cost share. In fiscal
year 2008, the States and other eligible jurisdictions received $310
million through the Wildlife Restoration and Hunter Education and
Safety programs and $398 million through the Sport Fish Restoration
program.
The Service revised two sections of 50 CFR 80 in 2001, but we have
not reviewed other sections for revision
[[Page 43121]]
since the 1980's. Consequently, some provisions do not reflect:
(a) 43 CFR 12, subpart C ``Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments'';
(b) The Transportation Equity Act for the 21st Century (1998) (Pub.
L. [P.L.] 105-178);
(c) The Wildlife and Sport Fish Restoration Programs Improvement
Act of 2000 (Pub. L. 106-408);
(d) The Safe, Accountable, Flexible, Efficient Transportation
Equity Act: a Legacy for Users (2005) (Pub. L. 109-59); and
(e) The Presidential memorandum of June 1, 1998, that required the
use of plain language in Government writing.
In addition, we must clarify 50 CFR 80.10 on certification of
hunting and fishing licenses to address the greater number of licensing
choices that some States and other jurisdictions have offered hunters
and anglers in recent years.
On May 5, 2008, we published a proposed rule (73 FR 24524) to
revise the regulations governing 50 CFR 80. We accepted public comments
that we received or were postmarked during a 30-day period that ended
on June 4, 2008. This final rule adopts the changes we proposed on May
5, 2008, with additional changes described below.
Updates of the Regulations
We are making nonsubstantive administrative changes in 50 CFR 80 to
ensure that its provisions reflect changes in law and regulation over
the past 20 years. An important change was the Wildlife and Sport Fish
Restoration Programs Improvement Act of 2000, which amended the legal
authorities that established the affected programs. We are updating the
U.S. Code citations in 50 CFR 80.1 for the Pittman-Robertson Wildlife
Restoration Act and Dingell-Johnson Sport Fish Restoration Act to
reflect this amendment. The 2000 amendment also allows us to refer to
the Federal Aid in Wildlife Restoration Act of September 2, 1937, and
the Federal Aid in Sport Fish Restoration Act of August 9, 1950, by
their more common names, ``Pittman-Robertson Wildlife Restoration Act''
and ``Dingell-Johnson Sport Fish Restoration Act.'' We are changing the
collective name of all activities associated with the affected
financial assistance programs from ``Federal Aid'' to ``Wildlife and
Sport Fish Restoration Programs,'' which is consistent with the 2000
amendment.
We are deleting the definition and references to the Federal Aid
Manual in Sec. 80.1 and Sec. 80.11 because it is no longer an
official publication, and its successor document, the Service Manual,
addresses Service employees and not the general public.
We are also replacing the reference in Sec. 80.14 to Office of
Management and Budget (OMB) Circular A-102's Attachment N with 43 CFR
12.71 and 12.932 as sources of guidance on the use and disposition of
unneeded real property. We are changing ``aquatic education'' to
``aquatic resource education'' in Sec. 80.15 to reflect more
accurately the language of the Dingell-Johnson Sport Fish Restoration
Act.
The provisions of Sec. 80.19 on records and Sec. 80.22 on audits
refer to subject matter that was in the 1971 version of A-102. We are
deleting all the contents of these sections because 43 CFR 12.82 and
12.66 are applicable to the affected programs and they address these
subjects adequately.
We are deleting the estimates of time to fill out forms in Sec.
80.27. This information will change over time and is not appropriate
for regulations.
We have applied plain language principles to those provisions where
we have to change or clarify the content of the regulations. This
conversion to plain language makes the affected provisions clearer as
well as complies with the Service's plain language policy. More
specifically, we are replacing words that are susceptible to different
meanings with words that are more precise, e.g., we are changing
``shall'' to ``must.''
We refer to the territories, Commonwealths, and the District of
Columbia in a consistent way throughout 50 CFR 80. Finally, we are
alphabetizing the definitions in Sec. 80.1 for ease of reference.
Clarifying the Requirements
We are adding the territory of American Samoa to the jurisdictions
in Sec. 80.2(b) that are eligible to participate in the benefits of
the Pittman-Robertson Wildlife Restoration Act. This is consistent with
section 4(c) and 8A of the Act.
We are making administrative changes in Sec. 80.10 to ensure that
the process for certifying the number of hunter and angler licenses
provides accurate data that are comparable among the States (``States''
includes Commonwealths, territories, and the District of Columbia in
the context of license certification.). This change is important
because we apportion funds to the States based in part on the numbers
of these licenses. We are clarifying this process because, as States
offered more licensing options, they began to use different approaches
in counting the individuals who purchased licenses. We are making
several changes to resolve these differences. We are clarifying the
timeframe during which a State's license year must occur for the State
to use it as the State-specified license certification period. We are
establishing a common approach for States to assign single-year license
holders to a license year. Under this approach, States will assign
single-year license holders only to the period in which they purchased
the license instead of having the option of assigning them to the
period in which their licenses are legal. Finally, we are clarifying
that, under certain conditions, States may assign a person who
purchases a multiyear license to each license period in which the
license is legal.
We are revising Sec. 80.12 to add the District of Columbia to the
three territories and two Commonwealths subject to the cost-sharing
requirements of that section. This revision will make Sec. 80.12
consistent with section 12 of the Dingell-Johnson Sport Fish
Restoration Act, which authorizes the Secretary of the Interior to
cooperate with the six jurisdictions on fish restoration and management
projects under terms and conditions that the Secretary finds fair,
just, and equitable. The Act also states that the Secretary may not
require these jurisdictions to pay an amount that exceeds 25 percent of
any project. The current version of Sec. 80.12 authorizes Regional
Directors to waive non-Federal cost sharing at their discretion for the
jurisdictions listed in the section. The final rule continues to
provide Regional Directors with discretionary waiver authority.
We are revising Sec. 80.24 to make it consistent with the
following provisions of the Dingell-Johnson Sport Fish Restoration Act:
(a) A State must allocate 15 percent of each annual apportionment for
recreational boating access facilities; (b) a State may allocate more
or less than 15 percent in a fiscal year provided that the total
regional allocation averages 15 percent over a 5-year period; (c) any
portion of a State's 15-percent set aside for recreational boating
access that remains unexpended or unobligated after 5 years must revert
to the Service for apportionment among the States. To ensure that the
total regional allocation averages 15 percent, we are requiring that a
State obtain the approval of the Service's Regional Director to
allocate more or less than 15 percent of each annual apportionment
under the Dingell-Johnson Sport Fish Restoration Act. We changed Sec.
80.8 to indicate that the 5-year obligation period for recreational
boating access funds is an exception to the general rule
[[Page 43122]]
of 2 years for the obligation or expenditure of funds.
Response to Public Comments
We published the proposed rule in the May 5, 2008, Federal Register
(73 FR 24524) and invited public comments. We reviewed and considered
all comments that were delivered to the Service's Division of Policy
and Directives Management from May 5 to June 4, 2008, and all comments
that were entered on http://www.regulations.gov or postmarked during
that period. We received 29 comments from 27 State agencies, 2 comments
from nonprofit organizations, and 3 comments from individuals. Most
commenters addressed several issues, many of which were also addressed
by other commenters. We classified these issues and the general
expressions of support or nonsupport into 29 comments that follow the
order of the subject matter of 50 CFR 80.
General
Comment 1: Three commenters expressed unqualified support for the
proposed rule or major elements of it. They did not suggest any
additions, deletions, or modifications.
Response 1: We did not change the proposed rule as a result of
these comments.
Comment 2: Two commenters recommended that we withdraw the proposed
rule to allow further consultations with State fish and wildlife
agencies. Both listed specific provisions that they opposed.
Response 2: We did not accept the recommendation that we withdraw
the proposed rule. We are responding to an urgent need to clarify how
States can count individuals who purchased licenses under options that
have become available in recent years. We are also updating 50 CFR 80
to reflect changes in law, regulatory format, and style. We addressed
the commenters' specific issues in our responses below, and we accepted
some of their recommendations on changing the proposed rule.
Comment 3: A commenter recommended that most funding for these
programs should go to the State agencies that achieve the highest
quality of hunter education and safety training.
Response 3: The Pittman-Robertson Wildlife Restoration Act and
Dingell-Johnson Sport Fish Restoration Act provide formulas for
apportioning funds among the States. The commenter's recommendation is
not an option under these formulas. We did not change the proposed rule
as a result of this comment.
Section 80.1 Definitions
Comment 4: A commenter recommended that we delete the definition of
``resident hunter'' from proposed Sec. 80.1 because the term does not
occur in 50 CFR 80.
Response 4: We changed the proposed rule to delete ``resident
hunter'' from Sec. 80.1.
Section 80.2 Eligibility
Comment 5: Several commenters recommended that we add programs on
outreach and communications and aquatic resource education to Sec.
80.5 on eligible undertakings.
Response 5: The Dingell-Johnson Sport Fish Restoration Act clearly
authorizes these programs, and Sec. 80.5 is not in conflict with the
law as stated. Therefore, we will defer consideration of this issue to
a future rulemaking process so that we can invite the public to review
the proposed language and provide comments.
Section 80.10 State Certification of Licenses
Comment 6: Several commenters recommended that we replace the word
``accounting period'' in Sec. 80.10(a)(1) with ``license certification
period'' or ``enumeration period.'' One commenter recommended that we
strike ``12-month'' between ``State-specified'' and ``period'' in
several places in Sec. 80.10(b).
Response 6: We replaced ``accounting period'' with ``license
certification period'' in Sec. 80.10(a)(1). We also replaced ``State-
specified period'' in Sec. 80.10(a)(2) (redesignated as Sec.
80.10(a)(3) by Response 9) and ``State-specified 12-month period'' in
Sec. 80.10(b) with ``State-specified license certification period.''
Comment 7: A commenter recommended that we change Sec.
80.10(a)(1)(ii) from ``corresponds with or includes the State's fiscal
year or license year'' to ``must be the State's fiscal year or license
year.''
Response 7: We changed the rule so that Sec. 80.10(a)(1)(ii) now
reads, ``is either the State's fiscal year or license year,'' which
closely follows the language of the Pittman-Robertson Wildlife
Restoration Act and Dingell-Johnson Sport Fish Restoration Act.
Comment 8: A commenter stated that the certification period is too
complicated, and recommended that we request data for the most recently
completed license year (as defined by the State, but not to exceed 1
year) when the Service annually requests certified license numbers.
Response 8: Our ability to provide a less complicated license
certification period is limited by the apportionment formulas in the
Pittman-Robertson Wildlife Restoration Act and the Dingell-Johnson
Sport Fish Restoration Act. These formulas require that we use the
number of paid license holders of each State ``in the second fiscal
year preceding the fiscal year for which such apportionment is made, as
certified to said Secretary by the State fish and game departments. * *
* '' The Acts clarify that the license certification period must be 12
consecutive months and ``shall be a State's fiscal or license year.''
We did not change the proposed rule as a result of this comment.
Comment 9: A commenter expressed support for proposed Sec.
80.10(a)(1), which requires that each director of a State fish and
wildlife agency specify a 12-month license certification period.
Another commenter stated that States should select the 12-month license
certification period and it should be consistent from year to year.
Another commenter recommended that the Service approve changes in the
license certification period. Another commenter recommended that States
notify the Service before any change in the license certification
period and provide justification.
Response 9: The proposed rule provides that each director of a
State fish and wildlife agency specify an accounting period within the
timeframe provided by the Pittman-Robertson Wildlife Restoration Act
and the Dingell-Johnson Sport Fish Restoration Act. We redesignated
proposed Sec. 80.10(a)(1)(iii) as Sec. 80.10(a)(1)(iv) and added a
new Sec. 80.10(a)(1)(iii) that reads, ``Is consistent from year to
year; and.'' We also redesignated proposed Sec. 80.10(a)(2) as Sec.
80.10(a)(3) and added a new Sec. 80.10(a)(2) that states, ``Obtain the
Director's approval before changing the State-specified license
certification period; and''.
Comment 10: Nine commenters recommended that we allow the use of
the most recent calendar year as the license certification year.
Response 10: We analyzed the wording necessary to implement the
suggestion. Our review indicated that some State license certification
periods are such that these States would not have sufficient time to
obtain the license data, analyze it, and certify their numbers to the
Director. Therefore, we did not make any changes in the proposed rule
as a result of these comments.
Comment 11: Eight commenters recommended that we replace the term
``purchased licenses'' with ``paid licenses'' to conform to the term
used in the Pittman-Robertson Wildlife
[[Page 43123]]
Restoration Act and the Dingell-Johnson Sport Fish Restoration Act.
Response 11: We accepted the recommendation and replaced
``purchased licenses'' with ``paid licenses'' in Sec. 80.10(a) and (b)
of the proposed rule.
Comment 12: Several commenters stated that the proposed timeframe
for the license certification period and the transition from ``year-
valid'' licenses to ``year-sold'' licenses will: (a) Cause
inconsistencies with past reporting; (b) require the re-use of data
during the transition year; or (c) significantly affect the certified
numbers of license holders in the transition year.
Response 12: The commenters' assessments may apply to some States
and are the unavoidable results of making this transition to uniform
certification standards. Their comments substantiated the need to bring
a consistent timeframe to this process. We did not change the proposed
rule as a result of these comments.
Comment 13: A commenter recommended that we rewrite Sec.
80.10(a)(2) believing that it is awkward and inconsistent with Sec.
80.10(b)(3). Another commenter stated that Sec. 80.10(a)(2)'s
reference to ``The number of people in that State * * * '' may
unintentionally exclude nonresident license holders.
Response 13: We accepted the recommendations and changed the
proposed rule by rewriting Sec. 80.10(a)(2)(i) and (ii) (redesignated
as Sec. 80.10(a)(3)(i) and (ii) by Response 9) as follows:
``(i) The number of persons who hold paid licenses that authorize
an individual to hunt in the State during the State-specified license
certification period; and
(ii) The number of persons who hold paid licenses that authorize an
individual to fish in the State during the State-specified license
certification period.''
Comment 14: Several commenters recommended that we change Sec.
80.10(b)(1) to indicate that a State may count (a) trapping licenses
that also permit licensees to hunt furbearers and (b) commercial
fishing licenses that also permit recreational fishing.
Response 14: We accepted the recommendation. We changed the
proposed rule by changing the second sentence of Sec. 80.10(b)(1) to:
``The State may not count persons holding a license that allows the
licensee only to trap animals or only to engage in commercial
activities.''
Comment 15: Two commenters specifically supported the proposed
requirement that States count only those persons who possess a license
that produced net revenue, which is an amount of at least $1 per year
returned to the State fish and wildlife agency. Another commenter
supported it for single-year licenses, but expressed concern about
differences among the States in how they quantify annual net revenue
for lifetime licenses. Another commenter recommended the removal of the
$1 minimum net revenue requirement and recommended that States be
allowed to count licenses that produce any net revenue.
Response 15: Although the amount of net revenue would vary from
State to State, we settled on $1 as a reasonable, consistent benchmark
amount to determine that net revenue accrues to a State. We did not
change the proposed rule as a result of these comments.
Comment 16: Four commenters recommended changes in Sec.
80.10(b)(2). Two of the four recommended that we not require that a
license produce net revenue to be returned to the State fish and
wildlife agency because this would allow a State to buy licenses to
enhance the fish and wildlife agency's apportionment. One stated that
this could have unforeseen consequences, and the other stated that
allowing the State to buy licenses was against Federal law. Two other
commenters recommended that we clarify Sec. 80.10(b)(2), and one
recommended specific language indicating that the States may deduct
average direct sales costs to arrive at a net revenue amount but may
not deduct indirect sales costs.
Response 16: We accepted the first two commenters' recommendation
and deleted the words ``fish and wildlife agency'' from proposed Sec.
80.10(b)(2). We did not accept the specific language offered by one
commenter on average direct sales costs and indirect sales costs.
However, we replaced the language of proposed Sec. 80.10(b)(2) with:
``The State may count only those persons who possess a license that
produced net revenue of at least $1 per year returned to the State
after deducting costs directly associated with issuance of the license.
Examples of such costs are agents' or sellers' fees and the cost of
printing, distribution, and control.'' We also changed ``people'' to
``persons'' wherever it occurs in Sec. 80.10(b) for purposes of
consistent usage.
Comment 17: A commenter recommended that we clarify the proposed
rule to ensure that hunters and anglers who have free licenses, but
also have revenue-generating game tags, bird stamps, or fish tags/
harvest cards will count as persons possessing paid licenses for
license certification.
Response 17: We will request a Solicitor's interpretation on this
State-specific issue and distribute it to the affected States. We did
not change the proposed rule as a result of this comment.
Comment 18: Three commenters disagreed with or had concerns about
proposed Sec. 80.10(b)(3). This provision would allow State fish and
wildlife agencies to count only those persons possessing a single-year
license in the license certification year in which it was purchased.
One of the three commenters stated that the proposed rule goes beyond
the law on this point because the Pittman-Robertson Wildlife
Restoration Act and Dingell-Johnson Sport Fish Restoration Act refer to
``paid license holders,'' but do not refer to when the license holders
purchased their licenses. This commenter also stated that the proposed
rule was arbitrary by applying one set of conditions to persons
possessing licenses valid for less than 2 years and a different set of
conditions to persons possessing licenses valid for more than 2 years.
One of the three commenters stated that reporting license sales in the
year sold would require a separate tracking process. Two other
commenters stated that this proposed requirement would not allow States
to count licensees who renew their licenses immediately before
expiration. Finally, two other commenters specifically supported the
proposed requirement that States count only those persons possessing a
single-year license in the license certification year in which it was
purchased.
Response 18: We do not believe that proposed Sec. 80.10(b)(3) is
inconsistent with the language of the Pittman-Robertson Wildlife
Restoration Act and Dingell-Johnson Sport Fish Restoration Act. This
effort to reduce inconsistencies among the States may affect some
States more than others during the transition period. However, we do
not believe that any losses that may result from this final rule will
be significant. We did not change the proposed rule as a result of
these comments.
Comment 19: Three commenters supported the proposed requirement in
Sec. 80.10(b)(4) to count only those persons who possess multiyear
licenses and who would otherwise be required to have a license. Another
commenter supported the proposed requirement, but only if the license
revenues from persons not counted as certified license holders are
protected by Sec. 80.4 on diversion of license fees. Twelve commenters
did not agree with the proposed requirement. Two of the 12 stated that
[[Page 43124]]
by counting only those persons who possess multiyear licenses and who
would otherwise be required to have a license, we would negatively
affect efforts to get seniors and young people to buy licenses to
support wildlife conservation. One of the 12 commenters stated that the
proposed requirement would cause many hunters and anglers to be
excluded from the certified number of license holders. This would
result in a loss of funds for the agency. The same commenter also
stated that trying to determine if a multiyear license holder would
otherwise be required to have a license would be a burdensome new
compliance cost. Several commenters recommended that we remove
``anywhere'' from Sec. 80.10(b)(4)(i-iii). Most expressed concern
about the implications of the use of ``anywhere'' for counting fishing
licenses specific to freshwater or saltwater. Finally, several
commenters recommended that we clarify the meaning of ``commensurate''
in Sec. 80.10(b)(4)(ii) on multiyear licenses.
Response 19: In response to the expressed concerns, we removed the
requirement that a multiyear licensee would otherwise be required to
have a paid license to hunt or fish anywhere in the State. We also
replaced ``commensurate'' in proposed Sec. 80.10(b)(4)(ii) with ``in
close approximation.'' To make the final rule reflect these changes, we
deleted proposed Sec. 80.10(b)(4)(i), redesignated proposed Sec.
80.10(b)(4)(ii) as Sec. 80.10(b)(4)(i), and redesignated proposed
Sec. 80.10(b)(4)(iii) as Sec. 80.10(b)(4)(ii). We changed the
redesignated Sec. 80.10(b)(4)(i) to read, ``The net revenue from the
license is in close approximation with the number of years in which the
license is legal.'' We changed ``valid'' to ``legal'' in Sec.
80.10(b)(3) for purposes of consistency with the change in the
redesignated Sec. 80.10(b)(4)(i). For the same reason, we changed the
introductory statement of Sec. 80.10(b)(4) to read, ``The State may
count persons possessing a multiyear license (one that is legal for 2
years or more) in each State-specified license certification period in
which the license is legal whether it is legal for a specific or
indeterminate number of years.'' Finally, we changed the redesignated
Sec. 80.10(b)(4)(ii) to read, ``The State fish and wildlife agency
uses statistical sampling or other techniques approved by the Director
to determine whether the licensee remains a license holder.'' (See
Response 20 on the use of ``other techniques approved by the
Director.'')
Comment 20: Several commenters said that the ``statistical sampling
or other appropriate techniques'' required in Sec. 80.10(b)(4)(iii)
(redesignated as Sec. 80.10(b)(4)(ii) by Response 19) and Sec.
80.10(c) is either unnecessary, too expensive, or vague. One commenter
recommended the use of life expectancy tables. Another recommended that
a joint Federal/State committee be charged with developing a fair and
simple technique for determining license status that would include
clarifying or replacing ``statistical sampling or other appropriate
techniques.''
Response 20: We do not agree that statistically valid samples are
unnecessary or too expensive. We agree that ``other appropriate
techniques'' may be too vague. We replaced ``other appropriate
techniques'' in proposed Sec. 80.10(b)(4)(iii) (redesignated as Sec.
80.10(b)(4)(ii) by Response 19) and proposed Sec. 80.10(c) with
``other techniques approved by the Director.'' Under this change,
States may seek the Director's approval for the use of life expectancy
tables.
Comment 21: A commenter expressed support for Sec. 80.10(b)(5) on
combination licenses. Another commenter recommended that we count a
combination license to fish or hunt only if the State provides an
option to purchase a less-expensive license to hunt or fish. If a
separate less-expensive license is not available, a State would, by
design, force persons who might not hunt or fish to be counted as
hunters or anglers, in effect giving this privilege free to those who
might not want or need it. If there is not an option to purchase a
less-expensive separate hunting or fishing license, the State would
have to use a survey or other means to determine what proportion bought
the license to fish and what proportion bought the license to hunt.
Response 21: We reviewed the hunting, fishing, and combination
license fees for several States. Based on that review, we have not seen
any indication that a State is using combination licenses to increase
the numbers of hunters or anglers for license certification purposes.
Until we determine that this practice is occurring, we will not address
this issue through regulation. We did not change the proposed rule as a
result of this comment.
Comment 22: A commenter recommended that we add language to ensure
that the Service remains the lead in initiating the certification
process.
Response 22: We deleted proposed Sec. 80.10(d) and changed Sec.
80.10(c) to the following: ``The director of the State fish and
wildlife agency must provide the certified information required in
paragraphs (a) and (b) of this section to the Service by the date and
in the format that the Director specifies. If the Director requests it,
the director of the State fish and wildlife agency must provide
documentation to support the accuracy of this information. The director
of the State fish and wildlife agency is responsible for eliminating
multiple counting of single individuals in the information that he or
she certifies and may use statistical sampling or other techniques
approved by the Director for this purpose.'' The above change required
the redesignation of proposed Sec. 80.10(e) as Sec. 80.10(d).
Comment 23: A commenter recommended that the Service adjust the
certified information on persons holding hunting and fishing licenses
if the Service made an error.
Response 23: We accepted the recommendation and added this sentence
to the redesignated Sec. 80.10(d): ``However, the Director may correct
an error made by the Service.''
Section 80.14 Application of Wildlife and Sport Fish Restoration
Program Funds
Comment 24: A commenter recommended that we revise the first
sentence in proposed Sec. 80.14(b)(1) so that it would read: ``When
such property passes from management control of the State fish and
wildlife agency, the control must be fully restored to the State fish
and wildlife agency or the real property must be replaced using non-
Federal funds not derived from license revenues.''
Response 24: We changed the proposed rule as recommended.
Comment 25: A commenter asked that we change the proposed rule to
add language referenced in a 2002 Director's memorandum on revenues
generated by timber sales on lands acquired under financial assistance
awards in the Wildlife Restoration and Sport Fish Restoration programs.
Response 25: The proposed rule did not address this issue. We will
defer it to a future rulemaking process so that we can invite the
public to review the proposed language and provide comments.
Section 80.15 Allowable Costs
Comment 26: A commenter stated that the question-and-answer format
of Sec. 80.15 on allowable costs is inconsistent with other sections
of 50 CFR 80.
Response 26: The proposed rule did not address this issue. We will
defer consideration of a format change to a future rulemaking process
so that we can invite the public to review the
[[Page 43125]]
proposed changes and provide comments.
Section 80.24 Recreational Boating Access Facilities
Comment 27: Eight commenters recommended that we add to Sec.
80.24, ``The State may fund access facilities for nonmotorized boats
where use of power boats is restricted or sites for power boats are not
available.'' Another commenter indicated that the proposed rule had
moved away from the language and intent of the Dingell-Johnson Sport
Fish Restoration Act by limiting funding to power boats. Another
commenter stated that we should allow funding for non-motor boats and
replace the last sentence of Sec. 80.24 with, ``Any portion of the 15-
percent set aside for the above purposes that remains unexpended or
unobligated after 2 years be allowed for the State to obligate for
nonmotorized projects that support recreational sport fishing.''
Another commenter recommended that we rewrite Sec. 80.24 to reflect
the requirements of the Act and how these requirements are administered
by the Service and the States. This same commenter recommended that a
new version of Sec. 80.24 be reviewed again through public comment
before being finalized. Another commenter recommended that we address
only the time-sensitive and noncontroversial issues, such as State
certification of licenses, and withdraw Sec. 80.24 and Sec. 80.28.
The commenter recommended that we refer these issues to the Joint
Federal/State Task Force on Federal Assistance Policy for further
review.
Response 27: The language on power boats has been in 50 CFR 80
since 1985. We will defer consideration of any changes in the
recreational and power boating language to a future rulemaking process.
This will allow us to consult with others on the proposed language and
invite the public to review the proposed language and provide comments.
Comment 28: One commenter stated that the first sentence of Sec.
80.24 in the proposed rule is incorrect. It reads, ``The State must
allocate at least 15 percent of each annual apportionment under the
annual apportionment under the Dingell-Johnson Sport Fish Restoration
Act for recreational boating access facilities.'' The commenter
suggested that we change the proposed rule to make it consistent with
the following language of section 8(b)(1) of the Dingell-Johnson Sport
Fish Restoration Act, ``States within a United States Fish and Wildlife
Service Administrative Region may allocate more or less than 15 percent
in a fiscal year, provided that the total regional allocation averages
15 percent over a 5-year period.'' Nine commenters also pointed out
that the last sentence of proposed Sec. 80.24 should specify 5 years
instead of 2 years to be consistent with the Dingell-Johnson Sport Fish
Restoration Act.
Response 28: In response to the comments, we added the following
sentence immediately after the first sentence of proposed Sec. 80.24,
``However, a State may allocate more or less than 15 percent of its
annual allocation with the approval of the Service's Regional
Director.'' We replaced the last sentence of proposed Sec. 80.24 with
the following: ``Any portion of a State's 15-percent set aside for the
above purposes that remains unexpended or unobligated after 5 years
must revert to the Service for apportionment among the States.'' We
also added ``except as provided in Sec. 80.24'' to the end of the
first sentence in Sec. 80.8, which will now read, ``Funds are
available for obligation or expenditure during the fiscal year for
which they are apportioned and until the close of the succeeding fiscal
year except as provided in Sec. 80.24.'' Finally, we changed the
second sentence of Sec. 80.8 to read, ``For the purposes of this
section, funds become available when the Regional Director approves the
grant.'' We made this change because the wording of that sentence in
the current regulations does not adequately describe when obligation
occurs, and the term ``project agreement'' is not a standard term.
Section 80.28 Exceptions
Comment 29: Eleven commenters recommended that we withdraw proposed
Sec. 80.28, which would allow the Director to authorize exceptions to
any provisions of 50 CFR 80 that are not explicitly required by law.
Two commenters recommended that we withdraw Sec. 80.28 to allow for
further discussion. Five commenters recommended that we modify the
exception authority with one or more of the following: (a) Add specific
qualifiers; (b) limit and specify circumstances in which the Director
can make exceptions; (c) include standards and triggering events that
would establish parameters for exercising this authority; (d) indicate
which provisions of 50 CFR 80 that the Director's exception authority
would apply to and which are required by law; and (e) include the
process and criteria to be followed for making exceptions including
feedback from the States and the process for notifying States of
exceptions. Three commenters expressed unqualified support for proposed
Sec. 80.28.
Response 29: We deleted proposed Sec. 80.28 in response to the
expressed concerns.
Changes of the Proposed Rule
We are making 25 changes in this final rule as a result of the
public comments that we summarized in the preceding section:
1. Delete ``(U.S. Fish and Wildlife Service)'' from the definition
of ``Director.'' and replace it with ``Service.'' in Sec. 80.1.
2. Delete ``Resident hunter. One who hunts within the same State
where legal residence is maintained.'' in Sec. 80.1. (Response 4)
3. Add ``Service. The U.S. Fish and Wildlife Service.'' to Sec.
80.1.
4. Change Sec. 80.8 to read ``Funds are available for obligation
or expenditure during the fiscal year for which they are apportioned
and until the close of the succeeding fiscal year except as provided in
Sec. 80.24. For the purposes of this section, funds become available
when the Regional Director approves the grant.'' (Response 28)
5. Change the section heading of Sec. 80.10 from ``State
Certification of Licenses.'' to ``State certification of licenses.''
6. Replace ``accounting period'' with ``license certification
period'' in Sec. 80.10(a)(1). (Response 6)
7. Replace ``State-specified period'' in Sec. 80.10(a)(2)
(redesignated as Sec. 80.10(a)(3) by Response 9) and ``State specified
12-month period'' in Sec. 80.10(b) with ``State-specified license
certification period.'' (Response 6)
8. Change Sec. 80.10(a)(1)(ii) from ``corresponds with or includes
the State's fiscal year or license year'' to ``Is either the State's
fiscal year or license year.'' (Response 7)
9. Delete ``and'' at the end of Sec. 80.10(a)(1)(ii); redesignate
Sec. 80.10(a)(1)(iii) as Sec. 80.10(a)(1)(iv); and add a new Sec.
80.10(a)(1)(iii) that reads, ``Is consistent from year to year; and''.
(Response 9)
10. Delete ``and'' at the end of the redesignated Sec.
80.10(a)(1)(iv); redesignate Sec. 80.10(a)(2) as Sec. 80.10(a)(3);
and add a new Sec. 80.10(a)(2) that reads, ``Obtain the Director's
approval before changing the State-specified license certification
period; and''. (Response 9)
11. Replace ``purchased licenses'' with ``paid licenses'' in Sec.
80.10(a) and (b). (Response 11)
12. Change redesignated Sec. 80.10(a)(3)(i) and (ii) to:
``(i) The number of persons who hold paid licenses that authorize
an individual to hunt in the State during
[[Page 43126]]
the State-specified license certification period; and
(ii) The number of persons who hold paid licenses that authorize an
individual to fish in the State during the State-certified license
certification period.'' (Response 13)
13. Change ``people'' to ``persons'' in the introductory statement
of Sec. 80.10(b) and in Sec. 80.10(b)(5).'' (Response 16)
14. Change the second sentence of Sec. 80.10(b)(1) to: ``The State
may not count persons holding a license that allows the licensee only
to trap animals or only to engage in commercial activities.'' (Response
14)
15. Delete the words ``fish and wildlife agency'' from Sec.
80.10(b)(2). (Response 16)
16. Replace Sec. 80.10(b)(2) with: ``The State may count only
those persons who possess a license that produced net revenue of at
least $1 per year returned to the State after deducting costs directly
associated with issuance of the license. Examples of such costs are
agents' or sellers' fees and the cost of printing, distribution, and
control.'' (Response 16)
17. Change ``valid'' to ``legal'' in Sec. 80.10(b)(3). (Response
19)
18. Replace that part of the introductory sentence before the colon
in Sec. 80.10(b)(4) with, ``The State may count persons possessing a
multiyear license (one that is legal for 2 years or more) in each
State-specified license certification period in which the license is
legal whether it is legal for a specific or indeterminate number of
years.'' (Response 19)
19. Delete Sec. 80.10(b)(4)(i). Redesignate Sec. 80.10(b)(4)(ii)
as Sec. 80.10(b)(4)(i). Redesignate Sec. 80.10(b)(4)(iii) as Sec.
80.10(b)(4)(ii). Change redesignated Sec. 80.10(b)(4)(i) to read,
``The net revenue from the license is in close approximation with the
number of years in which the license is legal; and''. Change
redesignated Sec. 80.10(b)(4)(ii) to read, ``The State fish and
wildlife agency uses statistical sampling or other techniques approved
by the Director to determine whether the licensee remains a license
holder.'' (Response 19)
20. Delete proposed Sec. 80.10(d) and change Sec. 80.10(c) to the
following: ``The director of the State fish and wildlife agency must
provide the certified information required in paragraphs (a) and (b) of
this section to the Service by the date and in the format that the
Director specifies. If the Director requests it, the director of the
State fish and wildlife agency must provide documentation to support
the accuracy of this information. The director of the State fish and
wildlife agency is responsible for eliminating multiple counting of
single individuals in the information that he or she certifies and may
use statistical sampling or other techniques approved by the Director
for this purpose.'' Redesignate Sec. 80.10(e) as Sec. 80.10(d).
(Responses 20 and 22)
21. Delete ``State fish and wildlife'' after ``other than the'' in
redesignated Sec. 80.10(d) and add this sentence to the end of Sec.
80.10(d): ``However, the Director may correct an error made by the
Service.'' (Response 23)
22. Add to the first sentence in Sec. 80.14(b)(1) ``not derived
from license revenues.'' (Response 24)
23. Add the following sentence immediately after the first sentence
of proposed Sec. 80.24, ``However, a State may allocate more or less
than 15 percent of its annual allocation with the approval of the
Service's Regional Director.'' (Response 28)
24. Replace the last sentence of Sec. 80.24 with the following,
``Any portion of a State's 15-percent set aside for the above purposes
that remains unexpended or unobligated after 5 years must revert to the
Service for apportionment among the States.'' (Response 28)
25. Delete Sec. 80.28, Exceptions. (Response 29)
Required Determinations
Regulatory Planning and Review (Executive Order 12866)
OMB has determined that this rule is not a significant regulatory
action under the criteria in Executive Order (E.O.) 12866. These
criteria are:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (Pub. L. 104-121)), whenever an agency is required to
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effect of the rule on small entities, i.e.,
small businesses, small organizations, and small government
jurisdictions. However, no regulatory flexibility analysis is required
if the head of an agency certifies the rule will not have a significant
economic impact on a substantial number of small entities.
The SBREFA amended the Regulatory Flexibility Act to require
Federal agencies to provide the statement of the factual basis for
certifying that a rule will not have a significant economic impact on a
substantial number of small entities. We have examined this rule's
potential effects on small entities as required by the Regulatory
Flexibility Act and have determined that the rule will not have a
significant economic impact on small entities because the changes we
are making are intended to: (a) Address changes in law and regulation;
(b) clarify rules on license certification to address a greater number
of licensing choices that States and other jurisdictions have offered
hunters and anglers; (c) delete provisions on audits and records that
are addressed in other regulations; and (d) reword the regulations to
make them easier to understand. No costs are associated with this
regulatory change. Consequently, we certify that, because this rule
will not have a significant economic effect on a substantial number of
small entities, a regulatory flexibility analysis is not required.
This rule is not a major rule under SBREFA (5 U.S.C. 804(2)). It
will not have a significant impact on a substantial number of small
entities.
(a) This rule will not have an annual effect on the economy of $100
million or more.
(b) This rule will not cause a major increase in costs or prices
for consumers; individual industries; Federal, State, or local
government agencies; or geographic regions.
(c) This rule will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we have determined the following:
(a) This rule will not ``significantly or uniquely'' affect small
governments. A small government agency plan is not required. The
programs governed by the current regulations assist small governments
financially, and this rule will simply improve these regulations.
(b) This rule will not produce a Federal mandate of $100 million or
greater in any year, i.e., it is not a
[[Page 43127]]
``significant regulatory action'' under the Unfunded Mandates Reform
Act.
Takings (E.O. 12630)
In accordance with E.O. 12630, this rule will not have significant
takings implications because it does not contain a provision for taking
private property. Therefore, a takings implication assessment is not
required.
Federalism (E.O. 13132)
This rule will not have sufficient Federalism effects to warrant
preparation of a Federalism assessment under E.O. 13132. It will not
interfere with the States' ability to manage themselves or their funds.
We work closely with the States in administration of these programs.
The rule will benefit recipients in three grant programs by
establishing a common approach and clarifying the rules applicable to
grant recipients' legally required annual certification of the number
of hunters and anglers who purchased licenses.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that the rule will not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order. The
rule will also benefit grantees by eliminating unnecessary or outdated
elements of the regulations governing the affected programs and by
making the regulations easier to understand.
Paperwork Reduction Act
We examined the rule under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). We may not collect or sponsor, nor is a person required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The rule will clarify 50 CFR 80.10,
which requires States to submit information on the number of persons
holding hunting and fishing licenses. On January 25, 2007, OMB approved
our collection of information from States based on the requirements of
50 CFR 80.10. OMB approved this information collection on forms FWS 3-
154a and 3-154b under control number 1018-0007. The rule will not
change the information items required on forms FWS 3-154a and 3-154b.
It will only establish a common approach for States to assign license
holders to a license year for purposes of the information collection.
The rule will also remove outdated information in 50 CFR 80.27.
National Environmental Policy Act
We have analyzed this rule in accordance with the National
Environmental Policy Act, 42 U.S.C. 432-437(f), and part 516 of the
Departmental Manual. This rule does not constitute a major Federal
action significantly affecting the quality of the human environment. An
environmental impact statement/assessment is not required due to the
categorical exclusion for administrative changes provided at 516 DM 2,
Appendix 1, section 1.10.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we evaluated
potential effects on federally recognized Indian Tribes and determined
that there are no potential effects. This rule will not interfere with
the Tribes' ability to manage themselves or their funds.
Energy Supply, Distribution, or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 addressing
regulations that significantly affect energy supply, distribution, and
use. E.O. 13211 requires agencies to prepare Statements of Energy
Effects when undertaking certain actions. This rule is not a
significant regulatory action under E.O. 12866, and will not
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action and no Statement of
Energy Effects is required.
List of Subjects in 50 CFR Part 80
Aquatic resource education, Boating access, Fish, Grant programs--
natural resources, Hunter education and safety, License certification,
Reporting and recordkeeping requirements, Signs and symbols, Wildlife.
Final Regulation
0
For the reasons stated in the preamble, we amend part 80 of subchapter
F, chapter I, title 50 of the Code of Federal Regulations, as follows:
Subchapter F--Financial Assistance--Wildlife and Sport Fish Restoration
Program
0
1. Revise the heading of subchapter F to read as set forth above.
PART 80--ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS
0
2. The authority citation for part 80 is revised to read as follows:
Authority: 16 U.S.C. 777-777n; 16 U.S.C. 669-669k; 18 U.S.C.
701.
0
3. Revise the heading of part 80 to read as set forth above.
0
4. Revise Sec. 80.1 to read as follows:
Sec. 80.1 Definitions.
As used in this part, the following terms have these meanings:
Common horsepower. Any size motor that can be reasonably
accommodated on the body of water slated for development.
Comprehensive fish and wildlife management plan. A document
describing the State's plan for meeting the long-range needs of the
public for fish and wildlife resources, and the system for managing the
plan.
Director. The Director of the Service, or his or her designated
representative. The Director serves as the Secretary's representative
in matters relating to the administration and execution of the Wildlife
and Sport Fish Restoration Acts.
Project. One or more related undertakings necessary to fulfill a
need or needs, as defined by the State, and consistent with the
purposes of the appropriate Act.
Regional Director. The regional director of any region of the
Service, or his or her designated representative.
Resident angler. One who fishes within the same State where legal
residence is maintained.
Secretary. The Secretary of the Interior or his or her designated
representative.
Service. The U.S. Fish and Wildlife Service.
State. Any State of the United States and the Commonwealths of
Puerto Rico and the Northern Mariana Islands, the District of Columbia,
and the territories of Guam, the U.S. Virgin Islands, and American
Samoa. References to ``the 50 States'' pertain only to the 50 States of
the United States and do not include these other six areas.
State fish and wildlife agency. The agency or official of a State
designated under State law or regulation to carry out the laws of the
State in relation to the management of fish and wildlife resources of
the State. Such an agency or official also designated to exercise
collateral responsibilities, e.g., a State
[[Page 43128]]
Department of Natural Resources, will be considered the State fish and
wildlife agency only when exercising the responsibilities specific to
the management of the fish and wildlife resources of the State.
Wildlife and Sport Fish Restoration Acts or the Acts. Pittman-
Robertson Wildlife Restoration Act of September 2, 1937, as amended (50
Stat. 917; 16 U.S.C. 669-669k), and the Dingell-Johnson Sport Fish
Restoration Act of August 9, 1950, as amended (64 Stat. 430; 16 U.S.C.
777-777n).
Wildlife and Sport Fish Restoration Program Funds. Funds provided
under the Acts.
0
5. Amend Sec. 80.2 by revising paragraphs (a) and (b) to read as
follows:
Sec. 80.2 Eligibility.
* * * * *
(a) Dingell-Johnson Sport Fish Restoration--Any of the States as
defined in Sec. 80.1.
(b) Pittman-Robertson Wildlife Restoration--Any of the States as
defined in Sec. 80.1, except the District of Columbia.
Sec. 80.4 [Amended]
0
6. Amend paragraph (a)(4) of Sec. 80.4 by removing the words ``Federal
Aid project'' and adding in their place the word ``Project''.
Sec. 80.5 [Amended]
0
7. Amend Sec. 80.5 by:
0
a. In paragraph (a), removing the words ``Federal Aid in'' and adding
in their place the words ``Pittman-Robertson''; and
0
b. In paragraph (b), removing the words ``Federal Aid in'' and adding
in their place the words ``Dingell-Johnson''.
0
8. Revise Sec. 80.8 to read as follows:
Sec. 80.8 Availability of funds.
Funds are available for obligation or expenditure during the fiscal
year for which they are apportioned and until the close of the
succeeding fiscal year except as provided in Sec. 80.24. For the
purposes of this section, funds become available when the Regional
Director approves the grant.
Sec. 80.9 [Amended]
0
9. Amend paragraph (b) of Sec. 80.9 by removing the words ``Federal
Aid'' and adding in their place the words ``Wildlife and Sport Fish
Restoration Program''.
0
10. Revise Sec. 80.10 including the section heading to read as
follows:
Sec. 80.10 State certification of licenses.
(a) To ensure proper apportionment of Federal funds, the Service
requires that each director of a State fish and wildlife agency:
(1) Specify a license certification period that:
(i) Is 12 consecutive months in length;
(ii) Is either the State's fiscal year or license year;
(iii) Is consistent from year to year; and
(iv) Ends no less than 1 year and no more than 2 years before the
beginning of the Federal fiscal year that the apportioned funds first
become available for expenditure;
(2) Obtain the Director's approval before changing the State-
specified license certification period; and
(3) Annually provide to the Service the following data:
(i) The number of persons who hold paid licenses that authorize an
individual to hunt in the State during the State-specified license
certification period; and
(ii) The number of persons who hold paid licenses that authorize an
individual to fish in the State during the State-specified license
certification period.
(b) When counting persons holding paid hunting or fishing licenses
in a State-specified license certification period, a State fish and
wildlife agency must abide by the following requirements:
(1) The State may count all persons who possess a paid license that
allows the licensee to hunt or fish for sport or recreation. The State
may not count persons holding a license that allows the licensee only
to trap animals or only to engage in commercial activities.
(2) The State may count only those persons who possess a license
that produced net revenue of at least $1 per year returned to the State
after deducting costs directly associated with issuance of the license.
Examples of such costs are agents' or sellers' fees and the cost of
printing, distribution, and control.
(3) The State may count persons possessing a single-year license
(one that is legal for less than 2 years) only in the State-specified
license certification period in which the license was purchased.
(4) The State may count persons possessing a multiyear license (one
that is legal for 2 years or more) in each State-specified license
certification period in which the license is legal, whether it is legal
for a specific or indeterminate number of years, only if:
(i) The net revenue from the license is in close approximation with
the number of years in which the license is legal, and
(ii) The State fish and wildlife agency uses statistical sampling
or other techniques approved by the Director to determine whether the
licensee remains a license holder.
(5) The State may count persons possessing a combination license
(one that permits the licensee to both hunt and fish) with:
(i) The number of persons who hold paid hunting licenses in the
State-specified license certification period, and
(ii) The number of persons who hold paid fishing licenses in the
same State-specified license certification period.
(6) The State may count persons possessing multiple hunting or
fishing licenses (in States that require or permit more than one
license to hunt or more than one license to fish) only once with:
(i) The number of persons who hold paid hunting licenses in the
State-specified license certification period, and
(ii) The number of persons who hold paid fishing licenses in the
same State-specified license certification period.
(c) The director of the State fish and wildlife agency must provide
the certified information required in paragraphs (a) and (b) of this
section to the Service by the date and in the format that the Director
specifies. If the Director requests it, the director of the State fish
and wildlife agency must provide documentation to support the accuracy
of this information. The director of the State fish and wildlife agency
is responsible for eliminating multiple counting of single individuals
in the information that he or she certifies and may use statistical
sampling or other techniques approved by the Director for this purpose.
(d) Once the Director approves the certified information required
in paragraphs (a) and (b) of this section, the Service must not adjust
the numbers if such adjustment would adversely impact any apportionment
of funds to a State fish and wildlife agency other than the agency
whose certified numbers are being adjusted. However, the Director may
correct an error made by the Service.
0
11. Revise Sec. 80.11 to read as follows:
Sec. 80.11 Submission of proposals.
A State may apply to use funds apportioned under the Acts by
submitting to the Regional Director either a comprehensive fish and
wildlife management plan or grant proposal.
(a) Each application must contain such information as the Regional
Director may require to determine if the proposed activities are in
accordance with the Acts and the provisions of this part.
[[Page 43129]]
(b) The State must submit each application and amendments of scope
to the State Clearinghouse as required by Office of Management and
Budget (OMB) Circular A-95 and by State Clearinghouse requirements.
(c) Applications must be signed by the director of the State fish
and wildlife agency or an official delegated to exercise the authority
and responsibilities of the State director in committing the State to
participate under the Acts. The director of each State fish and
wildlife agency must notify the Regional Director, in writing, of the
official(s) authorized to sign the Wildlife and Sport Fish Restoration
Program documents, and any changes in such authorizations.
0
12. Amend Sec. 80.12 by revising the introductory paragraph and
paragraph (b) as follows:
Sec. 80.12 Cost sharing.
Federal participation is limited to 75 percent of eligible costs
incurred in the completion of approved work or the Federal share
specified in the grant, whichever is less, except that the non-Federal
cost sharing for the Commonwealths of Puerto Rico and the Northern
Mariana Islands, the District of Columbia, and the territories of Guam,
the U.S. Virgin Islands, and American Samoa must not exceed 25 percent
and may be waived at the discretion of the Regional Director.
* * * * *
(b) The non-Federal share of project costs may be in the form of
cash or in-kind contributions.
* * * * *
0
13. Revise Sec. 80.14 to read as follows:
Sec. 80.14 Application of Wildlife and Sport Fish Restoration Program
funds.
(a) States must apply Wildlife and Sport Fish Restoration Program
funds only to activities or purposes approved by the Regional Director.
If otherwise applied, such funds must be replaced or the State becomes
ineligible to participate.
(b) Real property acquired or constructed with Wildlife and Sport
Fish Restoration Program funds must continue to serve the purpose for
which acquired or constructed.
(1) When such property passes from management control of the State
fish and wildlife agency, the control must be fully restored to the
State fish and wildlife agency or the real property must be replaced
using non-Federal funds not derived from license revenues. Replacement
property must be of equal value at current market prices and with equal
benefits as the original property. The State may have up to 3 years
from the date of notification by the Regional Director to acquire
replacement property before becoming ineligible.
(2) When such property is used for purposes that interfere with the
accomplishment of approved purposes, the violating activities must
cease and any adverse effects resulting must be remedied.
(3) When such property is no longer needed or useful for its
original purpose, and with prior approval of the Regional Director, the
property must be used or disposed of as provided by 43 CFR 12.71 or 43
CFR 12.932.
(c) Wildlife and Sport Fish Restoration Program funds cannot be
used for the purpose of producing income. However, income-producing
activities incidental to accomplishment of approved purposes are
allowable. Income derived from such activities must be accounted for in
the project records and disposed of as directed by the Director.
0
14. Amend Sec. 80.15 by revising paragraphs (c), (d), and (f) to read
as follows:
Sec. 80.15 Allowable costs.
* * * * *
(c) Are costs allowable if they are incurred prior to the date of
the grant? Costs incurred prior to the effective date of the grant are
allowable only when specifically provided for in the grant.
(d) How are costs allocated in multipurpose projects or facilities?
Projects or facilities designed to include purposes other than those
eligible under either the Dingell-Johnson Sport Fish Restoration or
Pittman-Robertson Wildlife Restoration Acts must provide for the
allocation of costs among the various purposes. The method used to
allocate costs must produce an equitable distribution of costs based on
the relative uses or benefits provided.
* * * * *
(f) How much money may be obligated for aquatic resource education
and outreach and communications?
(1) Each of the 50 States may spend no more than 15 percent of the
annual amount apportioned to it under the provisions of the Dingell-
Johnson Sport Fish Restoration Act for an aquatic resource education
and outreach and communications program for the purpose of increasing
public understanding of the Nation's water resources and associated
aquatic life forms.
(2) The Commonwealths of Puerto Rico and the Northern Mariana
Islands, the District of Columbia, and the territories of Guam, the
U.S. Virgin Islands, and American Samoa are not limited to the 15-
percent cap imposed on the 50 States. Each of these entities may spend
more for these purposes with the approval of the appropriate Regional
Director.
Sec. 80.16 Payments.
0
15. Amend Sec. 80.16 by:
0
a. Revising the section heading as set forth above;
0
b. Removing the word ``shall'' wherever it appears and adding in its
place the word ``must''; and
0
c. Removing the words ``regional director'' and ``region director''
wherever they appear and adding in their place the words ``Regional
Director''.
0
16. Revise Sec. 80.17 to read as follows:
Sec. 80.17 Maintenance.
The State is responsible for maintenance of all capital
improvements acquired or constructed with Wildlife and Sport Fish
Restoration Program funds throughout the useful life of each
improvement. Costs for such maintenance are allowable when provided for
in approved projects. The maintenance of improvements acquired or
constructed with funds other than funds from the Wildlife and Sport
Fish Restoration Program are allowable costs when such improvements are
necessary for accomplishment of project purposes as approved by the
Regional Director and when such costs are otherwise allowable by law.
Sec. 80.19 [Removed]
0
17. Remove and reserve Sec. 80.19.
Sec. 80.20 [Amended]
0
18. Amend Sec. 80.20 by removing the words ``Federal Aid'' and adding
in their place the words ``Wildlife and Sport Fish Restoration
Program''.
Sec. 80.22 [Removed]
0
19. Remove and reserve Sec. 80.22.
0
20. Amend Sec. 80.23 by revising paragraphs (a) introductory text and
(a)(1) to read as follows:
Sec. 80.23 Allocation of funds between marine and freshwater fishery
projects.
(a) Each coastal State, to the extent practicable, must equitably
allocate those funds specified by the Secretary, in the apportionment
of the Dingell-Johnson Sport Fish Restoration funds, between projects
having recreational benefits for marine fisheries and projects having
recreational benefits for freshwater fisheries.
(1) Coastal States are: Alabama, Alaska, California, Connecticut,
[[Page 43130]]
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland,
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and
Washington; the territories of Guam, the U.S. Virgin Islands, and
American Samoa; and the Commonwealths of Puerto Rico and the Northern
Mariana Islands.
* * * * *
0
21. Revise Sec. 80.24 to read as follows:
Sec. 80.24 Recreational boating access facilities.
The State must allocate 15 percent of each annual apportionment
under the Dingell-Johnson Sport Fish Restoration Act for recreational
boating access facilities. However, a State may allocate more or less
than 15 percent of its annual allocation with the approval of the
Service's Regional Director. Although a broad range of access
facilities and associated amenities can qualify for funding under the
15-percent provision, the State must accommodate power boats with
common horsepower ratings, and must make reasonable efforts to
accommodate boats with larger horsepower ratings if they would not
conflict with aquatic resources management. Any portion of a State's
15-percent set aside for the above purposes that remain unexpended or
unobligated after 5 years must revert to the Service for apportionment
among the States.
Sec. 80.25 [Amended]
0
22. Amend Sec. 80.25 by:
0
a. In the section heading and paragraph (a), removing the words
``Federal Aid in'' and adding in their place the words ``Dingell-
Johnson''; and
0
b. In paragraphs (a)(1) and (a)(2), removing the word ``Aid''.
0
23. Amend Sec. 80.26 by revising the text of the introductory
paragraph and paragraphs (b), (f) introductory text, (g) introductory
text, and (h) introductory text to read as set forth below:
Sec. 80.26 Symbols.
We have prescribed distinctive symbols to identify projects funded
by the Pittman-Robertson Wildlife Restoration Act and the Dingell-
Johnson Sport Fish Restoration Act and items on which taxes and duties
have been collected to support the respective Acts.
* * * * *
(b) Other persons or organizations may use the symbol(s) for
purposes related to the Wildlife and Sport Fish Restoration Program as
authorized by the Director. Authorization for the use of the symbol(s)
will be by written agreement executed by the Service and the user. To
obtain authorization, submit a written request stating the specific use
and items to which the symbol(s) will be applied to Director, U.S. Fish
and Wildlife Service, Washington, DC 20240.
* * * * *
(f) The symbol pertaining to the Pittman-Robertson Wildlife
Restoration Act is below. * * *
(g) The symbol pertaining to the Dingell-Johnson Sport Fish
Restoration Act is below. * * *
(h) The symbol pertaining to the Pittman-Robertson Wildlife
Restoration Act and the Dingell-Johnson Sport Fish Restoration Act when
used in combination is below.
* * *
0
24. Revise Sec. 80.27 to read as follows:
Sec. 80.27 Information collection requirements.
(a) Information gathering requirements include filling out forms to
apply for certain benefits offered by the Federal Government.
Information gathered under this part is authorized under the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777-777n) and the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669-669k). The
Service may not conduct or sponsor, and applicants or grantees are not
required to respond to, a collection of information unless the request
displays a currently valid OMB control number. OMB has approved our
collection of information under OMB control number 1018-0007. Our
requests for information will be used to apportion funds and to review
and make decisions on grant applications and reimbursement payment
requests submitted to the Wildlife and Sport Fish Restoration Program.
(b) Submit comments on the accuracy of the information collection
requirements to: U.S. Fish and Wildlife Service, Information Collection
Clearance Officer, 4401 North Fairfax Drive, Suite 222, Arlington, VA
22203.
Dated: July 14, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-16829 Filed 7-23-08; 8:45 am]
BILLING CODE 4310-55-P