--- kind: "range" citation: "50 C.F.R. §§ 80.130–80.137" title: "50" from: "80.130" to: "80.137" count: 8 url: "https://uscodex.org/cfr/50/80.130..80.137" --- # §80.130. Must a State fish and wildlife agency hold title to real property acquired under an award? A State fish and wildlife agency must hold title to an ownership interest in real property acquired under an award to the extent possible under State law. - (a) Some States do not authorize their fish and wildlife agency to hold the title to real property that the agency manages. In these cases, the State or one of its administrative units may hold the title to grant-funded real property if the agency has the authority to manage the real property for its authorized purpose under the award. The agency, the State, or another administrative unit of State government must not hold title to an undivided ownership interest in the real property concurrently with a subrecipient or any other entity. - (b) An ownership interest is an interest in real property that gives the person who holds it the right to use and occupy a parcel of land or water and to exclude others. Ownership interests include fee and leasehold interests but not easements. # §80.131. Must a State fish and wildlife agency hold an easement acquired under an award? A State fish and wildlife agency must hold an easement acquired under an award, but it may share certain rights or responsibilities as described in [paragraph (b)](#b) of this section if consistent with State law. - (a) Any sharing of rights or responsibilities does not diminish the agency's responsibility to manage the easement for its authorized purpose. - (b) The agency may share the holding or enforcement of an easement only in the following situations: - (1) The State or an administrative unit of State government may hold an easement on behalf of its fish and wildlife agency. - (2) The agency may issue a subaward with the concurrent right to hold the easement to a nonprofit organization or to a local or Tribal government. A concurrent right to hold an easement means that both the State agency and the subrecipient hold the easement and share its rights and responsibilities. - (3) The agency may issue a subaward with a right of enforcement to a nonprofit organization or to a local or Tribal government. This right of enforcement may allow the subrecipient to have reasonable access and entry to property protected under the easement for purposes of inspection, monitoring, and enforcement. The subrecipient's right of enforcement must not supersede and must be concurrent with the agency's right of enforcement. # §80.132. Must a State fish and wildlife agency have control over the land or water where it completes capital improvements? Yes. A State fish and wildlife agency must control the parcel of land or water on which the agency completes a grant-funded capital improvement. An agency must exercise this control by holding title to a fee or leasehold interest or through another legally binding agreement. Control must be adequate for the protection, maintenance, and use of the improvement for its authorized purpose during its useful life even if the agency did not acquire the parcel with award funds. # §80.133. Must a State fish and wildlife agency maintain acquired or completed capital improvements? Yes. A State fish and wildlife agency is responsible for maintaining capital improvements acquired or completed under an award to ensure that each capital improvement continues to serve its authorized purpose during its useful life. # §80.134. How must a State fish and wildlife agency use real property? - (a) If an award funds acquisition of an interest in a parcel of land or water, the State fish and wildlife agency must use the land or water for the purpose authorized in the award. - (b) If an award funds construction of a capital improvement, the agency must use the capital improvement for the purpose authorized in the award during the useful life of the capital improvement. The agency must comply with this requirement even if the agency did not use award funds to: - (1) Acquire the parcel on which the capital improvement is located; or - (2) **Build the structure in which the capital improvement is a component.** - (c) If an award funds management, operation, or maintenance of a parcel of land or water, or a capital improvement, the agency must use the parcel or capital improvement for the purpose authorized in the award during the period of performance. The agency must comply with this requirement even if the agency did not acquire the parcel or construct the capital improvement with award funds. - (d) A State agency may allow commercial, recreational, and other secondary uses of a grant-funded parcel of land or water or capital improvement if these secondary uses do not interfere with the authorized purpose of the award. - (e) Real property acquired with license revenue (see [§ 80.20(b)](/cfr/50/80.20.md?p=b)) must be controlled by the State fish and wildlife agency and used only for administration of the agency (see [§ 80.10](/cfr/50/80.10.md)). # §80.135. What if a State fish and wildlife agency allows a use of real property that interferes with its authorized purpose? - (a) When a State fish and wildlife agency allows a use of real property that interferes with the authorized purpose of the real property under an award, the agency must fully restore the real property to its authorized purpose. - (b) If the agency cannot fully restore the real property to its authorized purpose, then the agency must replace the real property using non-Federal funds. - (c) The agency must determine that the replacement property: - (1) Is of at least equal value at current market prices; and - (2) **Has fish-, wildlife-, and public-use benefits consistent with the purposes of the original award.** - (d) The Regional Director may require the agency to obtain an appraisal and appraisal review to estimate the value of the replacement property at current market prices if the agency cannot support its assessment of value. - (e) The agency must obtain the Regional Director's approval of: - (1) The agency's determination of the value and benefits of the replacement property; and - (2) **The documentation supporting this determination.** - (f) The agency may have up to 3 years from the date of notification by the Regional Director to restore the real property to its authorized purpose or acquire replacement property. If the agency does not restore the real property to its authorized purpose or acquire replacement property within 3 years, the Director may declare the agency ineligible to receive new awards in the program or programs that funded the original acquisition. # §80.136. Is it a diversion if a State fish and wildlife agency does not use real property acquired under an award for its authorized purpose? If a State fish and wildlife agency does not use real property acquired under an award for its authorized purpose, a diversion occurs only if both of the following conditions apply: - (a) The agency used license revenue as cost sharing for the award; and - (b) The unauthorized use is for a purpose other than management of the fish-and-wildlife-related resources for which the agency has authority under State law. # §80.137. What if real property is no longer useful or needed for its original purpose? If the director of the State fish and wildlife agency and the Regional Director jointly decide that real property acquired with award funds is no longer useful or needed for the original purpose of the real property under the award, the director of the agency must: - (a) Propose another eligible purpose for the real property under the grant program and ask the Regional Director to approve this proposed purpose; or - (b) Follow the regulations at [2 CFR 200.311](/cfr/2/200.311.md) and consult with the Regional Director on how to treat proceeds from the disposition of real property.