WSFR - Authorities and Responsibilities

Citation
518 FW 1
FWM Number
N/A
Date
Amended Date(s)
7/25/2014
Supersedes
518 FW 1, 05/03/2011
Originating Office
Policy and Programs Division

1.1 What is the purpose of this chapter?

A. This chapter lays the foundation for the other chapters in Part 518 by describing the Wildlife and Sport Fish Restoration (WSFR) Program’s:

(1) Mission, vision, and guiding principle;

(2) Core values;

(3) Intended outcomes; and

(4) Grant programs.

B. The chapter also describes:

(1) Specific authorities for each WSFR-administered grant program, and where employees can find information about how we divide funds among eligible applicants in the mandatory (apportioned) programs and select applications for funding in the discretionary (competitive) programs;

(2) General administrative authorities for Federal grants; and

(3) Service responsibilities for managing grants.

1.2   What are the mission, vision, and guiding principle of the WSFR Program?

A. Mission: Working through partnerships to conserve and manage fish and wildlife and their habitats for the use and enjoyment of current and future generations.

B.  Vision: Healthy, diverse, and accessible fish and wildlife populations that offer recreation, economic activity, and other public benefits in addition to sustainable ecological functions.

C.  Guiding Principle: Society benefits from conservation-based management of fish and wildlife, their habitats, and opportunities to use and enjoy them.

1.3 What are the core values of the WSFR Program?

A. Manage Fish and Wildlife as Public Trust Resources. Stewardship of these and other natural resources is in the long-term public interest.

B. Support Traditions. The Program embraces the traditions of hunting, fishing, boating, trapping, recreational shooting, and enjoying the outdoors.

C. Recognize the Contributions of Hunters, Recreational Shooters and Archers, Anglers, and Boaters. State and Federal partners appreciate the important conservation contributions of all who buy:

(1) Hunting and fishing licenses;

(2) Hunting, fishing, shooting, and archery equipment; and

(3) Motorboat fuel.

D. Recognize the Contributions of Industry. State and Federal partners appreciate the important conservation contributions of industry partners through excise tax payments.

E. Strive for Sustainable Resources. Sustainable populations of fish and wildlife resources and habitats are key to conservation and essential to provide for public use and enjoyment.

F. Be Accountable. State and Federal partners assure that we:

(1) Use Program funds only for the purposes specified in applicable State and Federal legislation, and

(2) Demonstrate results.

G. Use Sound Science. Sound science helps us improve management. We use biological planning, conservation design and delivery, research, and monitoring to improve scientific knowledge and achieve Program success.

H. Recognize the Value of Partnerships. State and Federal partners encourage the cooperation and involvement of organizations and individuals in the management and conservation of fish and wildlife.

I. Connect People with Nature. Grant activities provide opportunities for people to establish a closer connection with hunting, fishing, and the outdoors.

1.4 What are the intended outcomes of the WSFR Program? We work with our partners to:

A. Support the heritage associated with fish and wildlife uses, such as hunting, fishing, boating, trapping, shooting, wildlife observation and photography, and conservation education;

B. Enhance sustainable, healthy populations of fish and wildlife and their habitats;

C. Ensure sound administration and oversight of funds and activities consistent with our mission, vision, guiding principles, core values, and applicable laws, policies, and regulations; and

D. Promote effective communication among State, Federal, and industry partners, as well as stakeholders, elected officials, other policy makers, and the public.

1.5 To which grant programs does this chapter apply, and what are the authorities for these programs? This chapter applies to the grant programs in Table 1–1.

A. We divided the table into categories of mandatory and discretionary programs and subprograms. The table also gives:

(1) The program’s identifying number in the Catalog of Federal Domestic Assistance (CFDA) (see CFDA Web site for more information on each program),

(2) The legal authority that established the program,

(3) For mandatory grants, the sections of the authorities that describe the apportionment of funds among eligible grantees, and

(4) For discretionary grants, the general approach for selecting applications and recommending awards.

Table 1-1: WSFR Grant Programs/Subprograms

Mandatory Programs/Subprograms
CFDAProgram/SubprogramAuthorityApportionment described at …
15.605Sport Fish Restoration Program

1. Dingell-Johnson Sport Fish Restoration Act (August 9, 1950), as amended, 16 U.S.C. 777 et seq. except 777e–1 and g–1.

2. Administrative Requirements, Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, 50 CFR 80.

16 U.S.C. 777c and 777k.
15.605Sport Fish Restoration – Recreational Boating Access Subprogram16 U.S.C. 777c, 777k, and 777g(b)
15.605Sport Fish Restoration –Aquatic Resource Education Subprogram16 U.S.C. 777c, 777k, and 777g(c)
15.605Sport Fish Restoration –Outreach and Communications Subprogram
15.611Wildlife Restoration Program excluding Basic Hunter Education and Safety Subprogram

1. Pittman-Robertson Wildlife Restoration Act (September 2, 1937), as amended, 16 U.S.C. 669 et seq.

2. Administrative Requirements, Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, 50 CFR 80.

16 U.S.C. 669c(a, b) and  669g–1.
15.611Wildlife Restoration –Basic Hunter Education and Safety Subprogram

1. Pittman-Robertson Wildlife Restoration Act (September 2, 1937), as amended, 16 U.S.C. 669 et seq. with special reference to 16 U.S.C. 669c(c)[the first of two subsections (c)].

2. Administrative Requirements, Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, 50 CFR 80.

16 U.S.C. 669c(c) [the first of two subsections (c)].
15.626Firearm and Bow Hunter Education and Safety Program (Enhanced Hunter Education and Safety Program)

1. Pittman-Robertson Wildlife Restoration Act (September 2, 1937), as amended, with special reference to amendment by Public Law 106-408 (November 1, 2000), 16 U.S.C. 669 et seq. with special reference to 669h–1.

2. Administrative Requirements, Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts, 50 CFR 80.

16 U.S.C. 669c(c) [the first of two subsections (c)], and 669h–1.
15.634State Wildlife Grants Program—Mandatory Subprogram

1. Appropriations Acts for the Department of the Interior, Environment, and Related Agencies for fiscal years 2001–10: Public Laws 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 110–5, 110–161, 111–8, and 111–88, and subsequent Appropriation Acts that include funds for the State Wildlife Grants—Mandatory Subprogram.

The annual appropriation provisions for State Wildlife Grants were in the following locations:

(a) FY 2001: Title VIII, “Land Conservation, Preservation, and Infrastructure Improvement, State Wildlife Grants;”

(b) FY 2002: “United States Fish and Wildlife Service, State Wildlife Grants;” and

(c) FY 2003–10: “United States Fish and Wildlife Service, State and Tribal Wildlife Grants.”

2. Land and Water Conservation Fund Act of 1965 (September 3, 1964), as amended,

16 U.S.C. 460l–4—460l–11, fiscal years 2002 through 2007.

Annual Appropriation Acts for the Department of the Interior, Environment, and Related Agencies that include funds for the State Wildlife Grants—Mandatory Subprogram.

15.625

archived

Wildlife Conservation and Restoration ProgramPittman-Robertson Wildlife Restoration Act (September 2, 1937), as amended with special reference to amendment by Public Law 106–553, Appendix B, Title IX (December 21, 2000), 16 U.S.C. 669 et seq. with special reference to sections 669–669c.16 U.S.C. 669c(c) [the second of two subsections (c)]
15.668Coastal Impact Assistance ProgramOuter Continental Shelf Lands Act, as amended; 31 U.S.C. 6301-6305.43 U.S.C. 1356a, as amended by the Energy Policy Act, section 384.
Discretionary Programs/Subprograms
CFDAProgram/SubprogramAuthorityGeneral Approach to Recommending Applications for Award
15.614Coastal Wetlands Planning, Protection, and Restoration Act Program (National Coastal Wetlands Conservation Grant Program)

1. Coastal Wetlands Planning, Protection, and Restoration Act (November 29, 1990), as amended, 16 U.S.C. 3951 et seq.

2. National Coastal Wetlands Conservation Grant Program, 50 CFR 84.

1. WSFR evaluates match committed by applicants to decide if it reduces the Federal share. The ranking panel needs this information to score applications under one of the ranking criteria.

2. Division of Habitat and Resource Conservation (DHRC) coordinates the application review and ranking process.

3. WSFR resolves legal and policy issues that arise in the ranking process.

4. DHRC recommends applications to the Director for approval.

15.615Cooperative Endangered Species Conservation Fund Program—Traditional Subprogram

1. Endangered Species Act (December 28, 1973), as amended, 16 U.S.C. 1531 et seq., with special reference to section 1535.

 2. Conservation of Endangered Species of Fish, Wildlife, and Plants—Cooperation with States, 50 CFR 81.

Endangered Species, Division of Consultation, Habitat Conservation Plans, Recovery, and State Grants, recommends applications to the Director for approval.
15.615Cooperative Endangered Species Conservation Fund Program—Nontraditional Subprogram
15.616Clean Vessel Act Program

1. Clean Vessel Act of 1992 (November 4, 1992), as amended, 33 U.S.C. 1322, 16 U.S.C. 777c.

2. Clean Vessel Act Grant (CVA) Program, 50 CFR 85.

WSFR oversees the ranking of applications, but invites participation by the U.S. Coast Guard, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration.
15.622Sportfishing and Boating Safety Act (Boating Infrastructure Grants) Program—Basic Subprogram

1. Sportfishing and Boating Safety Act of 1998 (June 9, 1998), as amended, 16 U.S.C. 777c, g, and g–1.

2. Boating Infrastructure Grant (BIG) Program, 50 CFR 86.

Applicants may apply for the maximum amount included in the annual Request for Applications. Regional WSFR Chiefs decide if applications qualify for funding.
15.622Sportfishing and Boating Safety Act (Boating Infrastructure Grants) Program—Competitive SubprogramWSFR’s Headquarters Office (HQ) oversees a ranking panel of WSFR Regional staff. The Federal panel recommends applications to the Director for approval. The Director may ask a non-Federal committee chartered under the Federal Advisory Committee Act to recommend applications to the Federal panel.
15.628Multistate Conservation Grants Program

1. Pittman-Robertson Wildlife Restoration Act (September 2, 1937), as amended with special reference to amendment by Public Law 106–408 (November 1, 2000), 16 U.S.C. 669–669c, 669h–2.

2. Dingell-Johnson Sport Fish Restoration Act (August 9, 1950), as amended with special reference to amendment by Public Law 106–408(November 1, 2000), 16 U.S.C. 777–777c, 777m.

The Association of Fish and Wildlife Agencies (AFWA) prepares a priority list of projects through a committee of the heads of State fish and wildlife agencies. AFWA presents this priority list to the Assistant Director–WSFR, who must recommend that the Director approve or disapprove the projects.
15.633Landowner Incentive Program—Tier 1 Subprogram

1. Appropriations Acts for the Department of the Interior, Environment, and Related Agencies for fiscal years 2003–07, Public Laws 108–7, 108–108, 108–447, 109–54, and 110–5. The annual appropriations provisions were under “United States Fish and Wildlife Service, Landowner Incentive Program.”

2. Land and Water Conservation Fund Act of 1965 (September 3, 1964), as amended, 16 U.S.C. 460l–4—460l–11.

Applicants may apply for the maximum amount included in the annual Request for Applications. Regional WSFR Chiefs decide if applications qualify for funding.
15.633Landowner Incentive Program—Tier 2 SubprogramWSFR’s HQ oversees a ranking panel of WSFR Regional and HQ staff.
15.634State Wildlife Grants Program—Competitive SubprogramSame as the State Wildlife Grants Program—Mandatory Subprogram at CFDA number 15.634 in Table 1–1 under Mandatory Programs/Subprograms.WSFR’s HQ oversees a ranking panel of WSFR Regional and HQ staff.
15.638
archived
Tribal Landowner Incentive ProgramSame as the Landowner Incentive Program at CFDA number 15.633 in Table 1–1 under Discretionary Programs/Subprograms.Each Regional Native American Liaison coordinates a Regional ranking process and sends the highest ranked proposals to a national panel. The national panel ranks the proposals and recommends applications to the Director for approval.
15.639Tribal Wildlife Grants ProgramSame as the State Wildlife Grants Program—Mandatory Subprogram at CFDA number 15.634 in Table 1–1 under Mandatory Programs/Subprograms, except Public Law 106–291 in fiscal year 2001 did not explicitly authorize grants for tribes.Each Regional Native American Liaison coordinates a Regional ranking process and sends the highest ranked proposals to a national panel. The national panel ranks proposals and recommends applications to the Director for approval.
15.649Service Training and Technical Assistance (Generic Training) Program

1. Fish and Wildlife Coordination Act (March 10, 1934), as amended, 16 U.S.C. 661.

2. Fish and Wildlife Act of 1956 (August 8, 1956), as amended, 16 U.S.C. 742f (a)(4).

Any Assistant Director (AD) or Regional Director (RD) may approve applications under these programs. The process of recommending awards varies, but must follow 505 DM 2, which requires bureaus to award discretionary grants competitively based on the merits of the applications unless an application qualifies for a noncompetitive award under the specified criteria. The competitive process must include: (i) independent objective evaluation of applications by qualified reviewers, and (ii) scoring and ranking based on announced criteria. If an RD or AD other than the AD for WSFR approves an application in one of these programs, the approving RD or AD may administer the grant during its funding period. The Manual chapters for WSFR-administered grant programs apply only to grants administered during the funding period by the AD for WSFR.
15.650

Research Grants

(Generic) Program

1. Fish and Wildlife Coordination Act (March 10, 1934), as amended, 16 U.S.C. 661.

2. Fish and Wildlife Act of 1956 (August 8, 1956), as amended, 16 U.S.C. 742f (a)(4).

15.662Coastal Program – Great Lakes Restoration Initiative (GLRI)

1. The Department of the Interior, Environment, and Related Agencies Appropriations Act (111 P.L. 88). 

2. Consolidated Appropriations Act of 2012 (112 P.L .74).

GLRI Web site: https://www.glri.us/.

There is no single law that specifically authorizes the GLRI as a restoration initiative for the Great Lakes. The application process and funding opportunities are posted on

http://www.grants.gov/.

15.664Fish and Wildlife Coordination and Assistance Programs

1. Fish and Wildlife Coordination Act (March 10, 1934), as amended, 16 U.S.C. 661.

2. Fish and Wildlife Act of 1956 (August 8, 1956), as amended, 16 U.S.C. 742a.

3. Fish and Wildlife Conservation Act (September 29, 1980), 16 U.S.C. 2901-2911.

4. Annual Appropriations Acts or other legislation authorizing financial assistance for specific conservation or environmental projects.

Any AD or RD may approve applications under these programs. The process of recommending awards varies, but must follow 505 DM 2, which requires bureaus to award discretionary grants competitively based on the merits of the applications unless an application qualifies for a noncompetitive award under the specified criteria. The competitive process must include: (i) independent objective evaluation of applications by qualified reviewers, and (ii) scoring and ranking based on announced criteria. If an RD or AD other than the AD for WSFR approves an application in one of these programs, the approving RD or AD may administer the grant during its funding period. The Manual chapters for WSFR-administered grant programs apply only to grants administered during the funding period by the AD for WSFR.
15.667Highlands Conservation ProgramHighlands Conservation Act (November 30, 2004), Public Law 108–421.The U.S. Forest Service (FS) coordinates a committee to rank proposals from specific project areas in Connecticut, New Jersey, New York, and Pennsylvania. Committee members are from the FS, the affected States, and the Region 5 WSFR Division. The FS notifies Region 5 of the results of the annual ranking.
__

Everglades Restoration

Program

1. Federal Agriculture Improvement and Reform Act of 1996 (April 4, 1996), Public Law 104–127, (section 390, Everglades Ecosystem Restoration).

2. Land and Water Conservation Fund Act of 1965 (September 3, 1964), as amended 16 U.S.C. 460l–4—460l–11.

3. Appropriations Acts for the Department of the Interior, Environment, and Related Agencies for fiscal years 1999–2004, Public Laws 105–277, 106–113, 106–291, 107–63, 108–7, 108–108. The annual appropriations provisions were under “National Park Service, Land Acquisition and State Assistance.”

The Office of the Secretary coordinates the selection process.
__

Fisheries Restoration and Irrigation Mitigation Act

Program

Fisheries Restoration and Irrigation Mitigation Act of 2000 (November 13, 2000), 16 U.S.C. 777, as amended by Public Law 111–11, March 30, 2009).The Service’s Fisheries programs in Regions 1 and 6 coordinate the selection of applications for award.
__Partnerships for Wildlife ProgramPartnerships for Wildlife Act (November 4, 1992), as amended, 16 U.S.C. 3741–3744.WSFR recommends applications to the Director for approval.

B. Some grant programs in Table 1–1 do not have a continuing source of funding and may not have received recent annual appropriations.

1.6 What are the administrative authorities for WSFR-administered grant programs? The administrative authorities governing WSFR-administered grant programs include the following statutes, regulations, requirements from the Executive Office, the Department of the Interior Manual, the Fish and Wildlife Service Manual, and the Treasury Financial Manual:

A. Statutes.

(1) Cash Management Improvement Act of 1990, as amended (31 U.S.C. 6501 and 6503).

(2) Congressional declaration of policy respecting “Insular Areas” (48 U.S.C. 1469a).

(3) Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101, Note) as amended by Public Law 110-252).

(4) Federal Grant and Cooperative Agreement Act, as amended (31 U.S.C. 6301 et seq.).

(5) Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

(6) Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.).

B. Regulations.

(1) Administrative and Audit Requirements and Cost Principles for Assistance Programs (43 CFR 12).

(2) Award Term for Trafficking in Persons (2 CFR 175).

(3) Rules and Procedures for Efficient Federal-State Funds Transfers (31 CFR 205).

(4) Contracts with Commercial Organizations (48 CFR 31.2).

(5) Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (2 CFR 215).

(6) Cost Principles for Educational Institutions (2 CFR 220).

(7) Cost Principles for Nonprofit Organizations (2 CFR 230).

(8) Cost Principles for State, Local, and Indian Tribal Governments (2 CFR 225).

(9) Department Hearings and Appeals Procedures, Special Rules Applicable to other Hearings and Appeals (43 CFR 4, Subpart G).

(10) Federal Claims Collection Standards (Department of the Treasury – Department of Justice) (31 CFR 900–904).

(11) Financial Assistance Use of Universal Identifier and Central Contractor Registration (2 CFR 25).

(12) Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) (2 CFR 180).

(13) New Restrictions on Lobbying (43 CFR 18).

(14) Nonprocurement Debarment and Suspension (2 CFR 1400).

(15) Requirements for Drug-Free Workplace (Financial Assistance) (2 CFR 1401).

(16) Controlling Paperwork Burdens on the Public (5 CFR 1320).

C. Requirements from the Executive Office.

(1) Executive Order 12372, Intergovernmental Review of Federal Programs.

(2) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments.

(3) OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.

D.  Manuals and Guidance.

(1) Department of the Interior, Departmental Manual:

     (a) 505 DM 2, Procurement Contracts, Grants, and Cooperative Agreements.

     (b) 505 DM 3, Grants and Cooperative Agreements with State and Local Governments.

     (c) 505 DM 4, Deposit of Publications Produced under Grants.

(2) Department of the Interior Guidance Release 2009-04, Policy Regarding Financial Status Reporting Requirements Related to Grants and Cooperative Agreements.

(3) Fish and Wildlife Service Manual:

     (a) 032 FW 6, Grant Programs.

     (b) 033 FW 11, Procurement and Contracting.

     (c) 281 FW 5, Information Collection Clearance Procedures.

(4) Department of the Treasury, Treasury Financial Manual, ITFM 6-2000, Cash Advances Under Federal Grant and Other Programs.

1.7 Who is responsible for the grant programs that the WSFR Program manages? Table 1-2 describes Service officials’ responsibilities for WSFR Program grants.

Table 1-2: Responsibilities for WSFR Grant Programs

This official…Is responsible for…
A. The Director

Approving:

(1) Regulations and policy for the WSFR Program,

(2) Recommendations for awards in nationally competitive programs,

(3) Apportionment of funds for mandatory programs to fish and wildlife agencies of States and other eligible jurisdictions, and

(4) Decisions for resolving a potential or actual diversion, which is any use of revenue from the license fees paid by hunters and anglers for a purpose other than administration of the State fish and wildlife agency.

B. The Assistant Director–WSFR

Overseeing:

(1) The WSFR Program at the national level;

(2) Calculation of the apportionment of funds for mandatory programs;

(3) Award of funds in competitive programs; and

(4) The consistent application of laws, regulations, and policies to the WSFR Program nationally.

C. Regional Directors

(1) Overseeing the Regional WSFR Program;

(2) Ensuring the consistent application of laws, regulations, and policies to the WSFR Program in their Regions;

(3) Approving grants or redelegating this authority to the Regional WSFR Chief, if:

     (a) Funds are available,

     (b) Proposed activities are eligible, and

     (c) Costs of proposed activities are allowable; and

(4) Approving corrective action plans for audit findings of grantees in their Regions.

D. The Chief, Division of Policy and Programs

(1) Writing regulations and policy to ensure the consistent application of laws to programs nationally; and

(2) Providing programmatic information to Congress, industry partners, private organizations, and the public.

E. The Chief, Division of Administration and Information Management

(1) Overseeing national management of WSFR Program funds;

(2) Ensuring that accounting systems are effectively and efficiently managed;

(3) Managing audits of grants;

(4) Calculating the apportionment of funds for mandatory programs;

(5) Reviewing accounting practices to ensure consistency among Regions; and

(6) Providing fiscal and audit information to Congress, industry partners, private organizations, and the public.

F. Assistant Regional Directors–WSFR (or position with equivalent responsibility)

(1) Carrying out Regional requirements for grant programs; and

(2) Helping Regional Directors ensure the consistent application of laws, regulations, and policies to grant programs in their Regions.

G. Regional Division Chiefs–WSFR

(1) Managing operations of Regional WSFR offices;

(2) Approving grants consistent with section 1.7C(3) if the Regional Director has delegated the authority to them; and

(3) The consistent application of laws, regulations, and policies to the WSFR Program Regionally.

H. WSFR Program Grants Specialists

(1) Advising grantees of the laws, regulations, and policies for grants;

(2) Working with grantees to ensure compliance with WSFR regulations and policies;

(3) Evaluating programmatic and compliance aspects of grant proposals and recommending approval to the Regional Division Chief–WSFR;

(4) Monitoring programmatic aspects of grants to ensure that grantees meet objectives;

(5) Ensuring that grantee accomplishments are entered in WSFR databases;

(6) Ensuring that completed grants meet all requirements, are properly documented, and closed; and

(7) Monitoring the use of real property that grantees acquire through grants to ensure that it serves its authorized purpose.

I. WSFR Program Fiscal Specialists

(1) Advising grantees of the laws, regulations, and policies for receiving and monitoring grant funds;

(2) Evaluating fiscal aspects of grant proposals and recommending approval to the Regional Division Chief–WSFR;

(3) Monitoring fiscal aspects of grants;

(4) Helping other employees and grantees with accounting systems, closing grants, WSFR Program audits, and corrective action plans; and

(5) Using accounting systems effectively and efficiently.