§80.2. What terms do I need to know?

50 C.F.R. § 80.2

The terms in this section pertain only to the regulations in this part.

90/10/5 means activities authorized under Public Law 116-17 for acquiring land for, expanding, or constructing public target ranges that apply a 90 percent Federal/10 percent non-Federal cost share and a 5-year period of availability for obligation.

Acquisition of real property means taking ownership or control of a designated area of land or an interest in land by purchase, assignment, reversion, gift, eminent domain, or any other method consistent with State or Federal law. The purpose of the acquisition must be for an eligible activity to meet the objective of an award.

Acts means the Pittman-Robertson Wildlife Restoration Act of September 2, 1937 (Wildlife Restoration Act), as amended (16 U.S.C. 669 et seq., except for provisions specific to the Wildlife Conservation and Restoration program), and the Dingell-Johnson Sport Fish Restoration Act of August 9, 1950 (Sport Fish Restoration Act), as amended (16 U.S.C. 777-777m, except 777e-1 and g-1).

Allocate means the process by which States work with the Service to assign apportioned funds to a specific subaccount based on the eligible uses. Once allocated, the funding becomes available for obligation to Federal awards for eligible program activities.

Allowable refers to those costs that meet the general criteria to be charged to a Federal financial assistance award and comply with the basic considerations at 2 CFR 200.402 through 200.411, as well as the general principles for selected items of cost at 2 CFR 200.420 through 200.476.

Angler means a person who fishes for recreational purposes as permitted by State and/or Federal law.

Apportioned funds are those that are made available to a State based on formulas in the Acts. Traditional Wildlife Restoration program funds are apportioned using the formula at 16 U.S.C. 669c(b); Basic Hunter Education and Safety subprogram funds are apportioned using the formula at 16 U.S.C. 669c(c); Enhanced Hunter Education and Safety program funds are apportioned using the formula at 16 U.S.C. 669c(c) and according to the criteria at 16 U.S.C. 669h-1(a); and Sport Fish Restoration program funds are apportioned using the formula at 16 U.S.C. 777c(c).

Asset means all tangible and intangible real and personal property of monetary value. This includes “capital assets” as defined at 2 CFR 200.1, “equipment” as defined at 2 CFR 200.1, and real property of any value.

Award or grant has the same meaning as “Federal award” as defined at 2 CFR 200.1. The regulations in this part use the terms “award” or “grant” for both a grant and a cooperative agreement for convenience of reference, and the use does not affect the legal distinction between the two instruments. An award includes all “project costs” as defined at 2 CFR 200.1. We use the term “grant” when making references to programs (i.e., a grant program).

Capital improvement or capital expenditure for improvement means:

(1)

A structure that costs at least $25,000 to build, acquire, or install; or the alteration or repair of a structure or the replacement of a structural component, if it increases the structure's useful life by at least 10 years or its market value by at least $25,000.

(2)

A State fish and wildlife agency may use its own definition of “capital improvement” if the agency's definition includes all capital improvements as defined here.

Comprehensive management system (CMS) is a State fish and wildlife agency's method of operations that links programs, financial systems, human resources, goals, products, and services. When using a CMS method of operations, a State fish and wildlife agency assesses the current, projected, and desired status of fish and wildlife; develops a strategic plan and carries it out through an operational planning process; and evaluates results. The planning period is at least 5 years using a minimum 15-year projection of the desires and needs of the State's citizens. A CMS award funds all or part of a State's CMS. For those States that employ a CMS method of operations, where we refer to a “project statement” in the regulations in this part, a CMS State might refer to activities as part of its “operational plan.”

Construction means the act of building or significantly renovating, altering, or repairing a structure. Acquiring, clearing, and reshaping land and demolishing structures are types or phases of construction. Examples of structures are buildings, roads, parking lots, utility lines, fences, piers, wells, pump stations, ditches, dams, dikes, water-control structures, fish-hatchery raceways, and shooting ranges. For the purposes of 90/10/5 projects (acquiring land for, expanding, or constructing public target ranges), constructing means building a public target range (see §§ 80.60 and 80.62, 16 U.S.C. 669g(b)(2) and 669h-1(b)(2)).

Cost sharing has the same meaning as at 2 CFR 200.1. Cost sharing must meet the requirements at 2 CFR 200.306(b)(1) through (7) and §§ 80.83 through 80.85.

Director has the same meaning as at 50 CFR 1.4 and, for the purposes of this part, means:

(1)

The person whom the Secretary delegated to administer the Acts nationally; or

(2)

A deputy or another person authorized temporarily to administer the Acts nationally. Diversion means any use of revenue from hunting and fishing licenses for a purpose other than administration of the State fish and wildlife agency.

Eligible refers to activities or actions for a Federal financial assistance program that are authorized by Congress through a statute or by Federal agency regulations to accomplish a public purpose under that program.

Equipment has the same meaning as at 2 CFR 200.1.

Expanding means, for the purposes of projects for acquiring land for, expanding, or constructing public target ranges (90/10/5), physical improvements to an existing public target range that add to the utility of the range in a manner that ultimately increases range capacity to accommodate more participants. Physical improvements do not necessarily have to increase the size of the facility but must result in an increase in physical usability that will accommodate more participants.

Facility means the physical infrastructure and appurtenances necessary to support purposes under the Acts. The physical infrastructure includes land.

Federal fiscal year (FFY) means the annual period the Federal Government uses for budgets and accounting, beginning October 1 and ending September 30.

Fee interest means the right to possession, use, and enjoyment of a parcel of land or water for an indefinite period. A fee interest, as used in this part, may be the:

(1)

Fee simple or full-fee interest, which includes all possible interests or rights that a person or legal entity can hold in a parcel of real property (land or water); or

(2)

Fee with exceptions to title or less-than-full-fee interest, which excludes one or more real property interests that would otherwise be part of the fee simple.

Fiscal year, for the purposes of determining the number of paid hunting- or fishing-license holders in a State, means the State-determined (State fiscal year or license year) period that it identifies to certify license holders.

Fish restoration and management project means the restoration and management of any species of fish that has material value in connection with sport or recreation (see Sport fish) in the marine and/or fresh waters of the United States.

Hunter recruitment and recreational shooter recruitment means any activity or project to recruit or retain and, for the purposes of the regulations in this part, reactivate hunters and recreational shooters including by:

(1)

Outreach and communications as a means—

(i)

To improve communications with hunters, recreational shooters, and the public with respect to hunting and recreational shooting opportunities;

(ii)

To reduce barriers to participation in these activities;

(iii)

To advance the adoption of sound hunting and recreational shooting practices;

(iv)

To promote conservation and the responsible use of the wildlife resources of the United States; and

(v)

To further safety in hunting and recreational shooting.

(2)

Providing education, mentoring, and field demonstrations;

(3)

Enhancing access for hunting and recreational shooting, including through range construction; and

(4)

Providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation.

Law enforcement means enforcing laws, orders, and regulations.

Lease means an agreement in which the owner of a fee interest transfers to a lessee the right of exclusive possession and use of an area of land or water for a fixed period, which may be renewable. The lessor cannot readily revoke the lease at their discretion. The lessee pays rent periodically or as a single payment. The lessor must be able to regain possession of the lessee's interest (leasehold interest) at the end of the lease term. An agreement that does not correspond to this definition is not a lease even if it is labeled as one.

Maintenance means keeping a facility or equipment in a condition to serve the intended purpose. It includes recurring, cyclical, or occasional actions to keep a facility or equipment fully functional that are less than the threshold for a capital improvement or capital expenditure for improvement. It does not include operations. Examples of maintenance activities include but are not limited to:

(1)

Routine upkeep for physical and mechanical parts of a facility; and

(2)

Replacing components of a facility or a piece of equipment that are expected to need replacement during its useful life.

Obligation has two meanings depending on the context:

(1)

When a recipient of Federal financial assistance commits funds by incurring costs for purposes of the award, the definition for “financial obligations” at 2 CFR 200.1 applies.

(2)

When the Service sets aside funds in an award for disbursement immediately or at a later date in the formula-based programs under the Acts, the definition at § 80.91 applies.

Operations means supporting the availability of a facility and its components for current public or other intended use. Operations include necessary activities that occur frequently (daily, weekly, monthly). The term does not include maintenance. Operations may be divided into the categories of physical or administrative. Examples include but are not limited to:

(1)

Physical activities such as trash removal, portable toilet services, and utility costs; and

(2)

Administrative operations such as personnel costs to manage and keep a facility open. Period of performance has the same meaning as at 2 CFR 200.1.

Personal property means anything tangible or intangible that is not real property.

(1)

Tangible personal property includes—

(i)

Objects, such as equipment and supplies, that are movable without substantive damage to the land or any structure to which they may be attached and not considered an inherent part of the land;

(ii)

Soil, rock, gravel, minerals, gas, oil, or water after excavation or extraction from the surface or subsurface;

(iii)

Commodities derived from trees or other vegetation after harvest or separation from the land; and

(iv)

Annual crops before or after harvest.

(2)

Intangible personal property has the same meaning as at 2 CFR 200.1 and includes:

(i)

Intellectual property, such as patents or copyrights;

(ii)

Securities, such as bonds and interest-bearing accounts; and

(iii)

Licenses, which are personal privileges (not a real property interest) granted by consent of a landowner, lessee, or tenant to use an area of land or water that would otherwise be trespass or another violation of law, with at least one of the following attributes:

(A)

Are revocable at the discretion of the entity consenting to the license;

(B)

Terminate when the area of land or water passes to another owner, the lease or tenancy ends, or the landowner, lessee, or tenant dies; or

(C)

Do not transfer a right of exclusive use and possession of an area of land or water. Project means one or more related undertakings in a project-by-project award that are necessary to fulfill a need or needs, as defined by a State fish and wildlife agency, consistent with the purposes of the appropriate Act. For convenience of reference in this part, the meaning of “project” includes an agency's fish and wildlife program under a CMS award.

Project-by-project award means an award of money based on a detailed statement of a project, or projects, and other supporting documentation.

Public means of, relating to, or affecting all people in general.

Public access means the public has opportunity, permission, and/or ability to enter, approach, pass to, from, and within, and appropriately use a place/facility for an authorized purpose (see § 80.58 for further requirements).

Public target range, including mobile public target ranges and privately owned target ranges during those times when open for public use, means a specific location that—

(1)

Is identified by a governmental agency for recreational shooting;

(2)

Is open to the public;

(3)

May be supervised; and

(4)

May accommodate archery or rifle, pistol, or shotgun shooting. Public relations means those activities dedicated to maintaining the image of the non-Federal entity (recipient or subrecipient) or maintaining or promoting understanding and favorable relations with the community, public at large, or any segment of the public. This term could include communicating with the public about specific activities or accomplishments resulting from approved projects or communication and liaison necessary to keep the public informed on matters of public concern such as notices of funding opportunities. (See also “advertising and public relations” in 2 CFR part 200).

R3 means to recruit, retain, and/or reactivate members of the public to actively participate in the outdoor recreational activities of hunting, angling, boating, and recreational shooting. State fish and wildlife agencies and other involved partners may define R3 more broadly, but agencies must use funds under the Acts only for activities that are eligible under the regulations in this part.

Real property means one, several, or all interests, benefits, and rights inherent in the ownership of a parcel of land or water. Examples of real property include fees, conservation easements, access easements, utility easements, and mineral rights. A leasehold interest is also real property except in those States where the State attorney general provides an official opinion that determines a lease is personal property under State law.

(1)

A parcel includes (unless limited by its legal description) the space above and below it and anything physically affixed to it by a natural process or human action. Examples include standing timber, other vegetation (except annual crops), buildings, roads, fences, and other structures.

(2)

A parcel may also have rights attached to it by a legally prescribed procedure. Examples include water rights or an access easement that allows the parcel's owner to travel across an adjacent parcel.

(3)

The legal classification of an interest, benefit, or right depends on its attributes rather than the name assigned to it. For example, a grazing permit is often incorrectly labeled a lease, which can be real property, but most grazing permits are actually licenses, which are not real property.

Recipient for the purposes of the regulations in this part means the entities eligible to receive apportionments under the Acts (see § 80.10).

Regional Director has the same meaning as at 50 CFR 1.7. This person's responsibility does not extend to any administrative units that the Service's Washington Office supervises directly in that geographic region.

Secretary has the same meaning as at 50 CFR 1.8.

Service has the same meaning as at 50 CFR 1.3.

Sport fish means aquatic, gill-breathing, vertebrate animals with paired fins, having material value for recreation in the marine and fresh waters of the United States.

State means any State of the United States, the Commonwealth of Puerto Rico, and the insular areas of the Commonwealth of the Northern Mariana Islands, the Territory of Guam, the Territory of the U.S. Virgin Islands, and the Territory of American Samoa.

(1)

“State” also includes the District of Columbia for purposes of the Sport Fish Restoration Act, the Sport Fish Restoration program, and its subprograms. “State” does not include the District of Columbia for purposes of the Wildlife Restoration Act and the programs and subprogram under the Act because the Wildlife Restoration Act does not authorize funding for the District.

(2)

References to “the 50 States” apply only to the 50 States of the United States and do not include the Commonwealths of Puerto Rico and the Northern Mariana Islands, the District of Columbia, or the Territories of Guam, the U.S. Virgin Islands, and American Samoa.

State fish and wildlife agency (or agency) means the administrative unit designated by State law or regulation to carry out State laws for management of fish and wildlife resources. If an agency has other jurisdictional responsibilities, the agency is considered the State fish and wildlife agency only when exercising responsibilities specific to management of the State's fish and wildlife resources.

Subaccount (and account) means the fiscal management designation used in the Service's financial system to identify funds by program and subprogram allocation (see § 80.61 for a description of subaccounts and the financial system). Different subaccounts also distinguish between benefits to marine or freshwater fisheries in the programs and subprograms authorized by the Sport Fish Restoration Act.

Subaward has the same meaning as at 2 CFR 200.1 A subaward may serve as a third-party binding agreement where required.

Subrecipient has the same meaning as at 2 CFR 200.1.

Traditional Wildlife Restoration program, for the purposes of the regulations in this part and associated policies, means the activities that are funded under apportionments authorized at 16 U.S.C. 669c(b), which reflects the original program funded under the Wildlife Restoration Act of 1937 (see eligible activities at § 80.50(a)). We use this term for clarity when administering awards, as many eligible activities are specific to funding sources within the Act.

Useful life means the period during which a federally funded capital improvement, capital asset, or equipment is capable of fulfilling its intended purpose with adequate routine maintenance.

Wildlife means the indigenous or naturalized species of birds or mammals that are either:

(1)

Wild and free-ranging;

(2)

Held in a captive-breeding program established to reintroduce individuals of a depleted indigenous species into previously occupied range; or

(3)

Under the jurisdiction of a State fish and wildlife agency. Wildlife restoration project means the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about those projects.

Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 669 et seq., except for provisions specific to the Wildlife Conservation and Restoration program, and 777-777m, except 777e-1 and g-1.

Source

Source: 91 FR 1888, Jan. 15, 2026, unless otherwise noted.

§80.2. What terms do I need to know?

Authority

Source

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