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