(b) Each person shall comply with the applicable provisions of Federal law and regulation including this subchapter.

(c) Each person shall comply with the applicable provisions of the laws and regulations of the State wherein any area is located unless the same are further restricted by Federal law or regulation.

(d) Each person shall comply with the terms and conditions authorizing access and use of the national fish hatchery area.

(e) Each person shall comply with the provisions of any special notices governing fishing on the national fish hatchery area. Such special notices will be posted throughout the area and will be available at the headquar

ters of the fish hatchery to which they relate.

(1) Special notices are issued only after announcement of the applicable annual State fishing regulation.

(2) Special notices may contain the following items:

(i) Species of fish which may be taken;

(ii) Seasons;

(iii) Creel limits;

(iv) Method of fishing;

(v) Description of areas open to fishing;

(vi) Other provisions as required. (3) Special notices will not liberalize existing State law or regulations.

(4) Special notices may be amended as needed to meet management responsibilities for the area.

(a) Federal Aid Act(s). (1) The Act of Congress, approved September 2, 1937, entitled "An Act to provide that the United States shall aid the States in wildlife restoration projects, and for other purposes" (50 Stat. 917, as amended; 16 U.S.C., sec. 669-6691), commonly referred to as the PittmanRobertson Act; and (2) the Act of Congress, approved August 9, 1950, entitled "An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes" (64 Stat. 430, as amended; 16 U.S.C., sec. 777777k), commonly referred to as the Dingell-Johnson Act.

(b) State. Any State of the United States, the territorial areas of Guam, American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico.

(c) State fish and game department. Any department or division, or commission, or official of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department.

(d) Administration. As used in section 1 of each of the Federal Aid Acts, relating to diversion of license fees, in this part, administration of a fish and game department includes all of the normal operations and functions of such an organization.

(e) Fish and wildlife. (1) The term "fish" is limited to aquatic, gill breathing, vertebrate animals bearing paired fins; and (2) the term "wildlife" is limited to wild birds and wild mammals.

(f) Project. A substantial undertaking with the objective of (1) restoring or managing fish and wildlife populations now and for the future and for preserving and improving sport fishing, hunting, and related uses of these resources, or (2) providing facilities and services for conducting a hunter safety program.

(g) Project substantiality. A substantial project is one which will provide benefits to hunters and fishermen

commensurate with cost, and which is designed in accordance with accepted fish and wildlife conservation and management practices and sound engineering principles.

(h) Project segment. An essential part or division of a project, usually separated as a period of time, occasionally as a unit of work.

(i) Land acquisition. The acquisition of lands, waters, or interests therein, by purchase, condemnation, lease, or gift.

(j) Development. Improving areas of land or water through the construction of works and facilities, improvement of soil and water conditions, establishing or controlling vegetation and animal populations and including operation and protection of the areas. (k) Research and surveys. Investigations into problems of fish and wildlife management necessary for the efficient administration of these sources, including:

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(1) Research-studies designed to supply new information about fish and wildlife, their environment, or the development of new methods for management of these resources.

(2) Surveys-routine collection of data on the abundance and utilization of fish and wildlife, or the condition of their environment, through the application of established methodology.

(1) Coordination. The selection, planning, direction, supervision, and coordination of projects within a State's Federal aid program, including the coordination of this program with other related activities of the fish and game department.

(m) Technical assistance. Assistanceprovided to individuals, groups, and State, local, or municipal governments in the form of analysis, advice and counsel by State fish and game departments for matters relating to fish and wildlife management, land use planning, or improvements in environmental quality substantially beneficial to fish and wildlife.

(n) Hunter safety program. A program to provide:

(1) Instruction and practice in safe use of firearms and archery equipment and the avoidance of all types of accidents and hazards associated with

hunting. Training may include survival techniques, first aid, sporting ethics, and the basic principles of wildlife management.

(2) Target ranges which are public facilities that may be constructed, operated, and maintained to provide for training on practice in the safe use of shotguns, rifles, pistols, and archery equipment.

(0) Comprehensive plan. A documentation of the processes whereby program decisions and implementation strategies are evaluated and synthesized into 5-year schedules of definite actions for accomplishing the objectives of the fish and game department. The plan is comprehensive in that it considers all fish and wildlife activities in particular and all activities which impact on natural resources in general.

§ 80.2 Apportionment and certification.

The Secretary shall apportion funds in the manner prescribed in the Acts, as soon as possible after receiving notification of the amounts which have become available for the purposes of the Acts. He shall promptly certify to the Secretary of the Treasury and to each State fish and game department the respective sums which he has deducted for administering and executing the Acts and the respective sums which he has apportioned to each State for the ensuing fiscal year.

§ 80.3 Notice of desire to participate.

Any State fish and game department desiring to avail itself of the benefits of the Acts, shall notify the Secretary within 60 days after it has received from him a certificate of apportionment of funds available to the State. Such notification may be accomplished by the submission to the Regional Director of a properly executed project application under each of the Acts within the 60-day period.

§ 80.4 Period of availability of funds.

Funds are available to a State for expenditure or obligation during the fiscal year for which they are apportioned and until the close of the succeeding fiscal year. For the purpose of this section, obligation of apportioned

funds occurs when a project agreement or amendment thereto is signed by the Secretary or his authorized representative.

§ 80.5 Diversion of funds.

(a) Conditions for participation in the benefits of these Acts are that a State's hunting and fishing license revenues must be used only for administration of its fish and game department and Federal Aid funds granted under the Acts must be used for the purposes of approved projects. A diversion of license fees occurs when a State fish and game department, through legislative action, or otherwise, loses control of the expenditure of any portion of its hunting license or sport fishing license revenues, or expends such revenues for any purpose other than the administration of the State fish and game department. A diversion of Federal Aid funds occurs whenever they are applied by a State to activities or purposes which are not a part of an approved project, or when real property acquired or constructed with Federal Aid funds under these Acts passes from the control of the State fish and game department or is used for unapproved purposes in a manner or to an extent which interferes with the accomplishment of project purposes as they were approved by the Secretary, or as they may be amended with the approval of the Secretary.

(b) When a diversion of funds occurs, a State thereby becomes ineligible to receive Federal Aid funds under the pertinent Act from the date the diversion occurs until (1) action is taken to return the administration of hunting and sport fishing license fees to the State fish and game department; (2) hunting and sport fishing license fees used for purposes other than the programs of the State fish and game department are replaced; (3) Federal Aid funds used for purposes of activities which are not a part of an approved project are replaced; (4) Federal Aid financed real property which has passed from the control of the State fish and game department is restored to that control, or a property of equal value at current market prices

and with commensurate benefits to fish and wildlife is acquired with nonFederal Aid funds to replace it; or (5) uses of Federal Aid financed real property, which interfere with the accomplishment of approved project objectives are ceased: Provided, however, That, where any projects were approved in compliance with the terms of the pertinent Act prior to diversion, and Federal Aid funds were obligated to carry out such projects, such funds shall remain available therefore, until expended, without regard for the intervening period of the State's ineligibility under the Federal Aid Acts: Provided, further, That, when the State shall find, and the Secretary agree, that a property is no longer useful for the purposes for which it was acquired or constructed, and that it is not practical to convert the property to other fish or wildlife restoration, development, or management purposes, the State may sell the property and apply the proceeds of sale as the State fish and game department and the Secretary may then agree: Provided, further, That, when required by this section to acquire a property with nonFederal Aid funds, a State shall be given a reasonable time, up to 3 years, to accomplish this, before becoming ineligible to receive Federal Aid funds.

§ 80.6 General information for the Secretary.

Before any Federal funds may be obligated for any project to be undertaken in a State, there shall be furnished to the Secretary upon his request, information regarding the laws affecting fish or wildlife conservation and the authority of the State fish and game department and of local officials with respect to the establishment and maintenance of projects, and the existing provisions of the State constitution of laws relating to revenues for the protection, restoration, and management of fish or wildlife.

(a) Document signature. The Secretary of State of each State or any authorized official of the State shall certify as to the duly appointed official(s) authorized in accordance with State law to commit the State to participation under the provisions of the Acts

and to sign Federal Aid project documents. The Secretary shall be advised promptly of any change made in such authorizations to sign Federal Aid documents.

(b) Program information. The Secretary may, from time to time, request and the State fish and game department shall furnish information relating to the administration and maintenance of any project established under the Acts.

§ 80.7 Hunting and fishing license information.

(a) Information concerning the number of paid hunting license holders and the number of persons holding paid licenses to fish for sport or recreation in the State in the preceding year shall be furnished the Secretaty by the fish and game department of each State on or before March 1 of each year in form specified by the Secretary.

(b) This information shall be certified as accurate by the director of State fish and game department. He shall furnish, when requested by the Secretary, evidence used in determining accuracy of the certification.

(c) License holders shall be counted over a period of 12 months; the calendar year, fiscal year, or other licensing period may be used provided it is consistent from year to year in each State. In determining licenses which are eligible for inclusion, the following guidelines shall be observed:

(1) Trapping licenses, commercial licenses, and other licenses which are not for the express purpose of permitting the holder to hunt or fish for sport or recreation may not be included.

(2) Free licenses or those for which only a token charge is made may not be counted. Do not count licenses sold for a fee which does not produce significant net revenue for the State.

(3) Holders of licenses which are valid for an indeterminate number of years, the cost of which is not sufficient to contribute significantly to the administration of the fish and game department over the expected license period, may be counted only in the year in which they purchase the li

cense. On the other hand, resident holders of licenses which are valid for a specific number of years, the cost of which is commensurate with the period for which hunting or fishing privileges are granted, may be counted in each of the years covered by the license. States issuing such licenses should empoly sampling techniques to determine the number of such license holders who remain resident in the State after the year in which the license was purchased. Those who no longer live in the State should not be counted.

(4) Combination fishing and hunting licenses (a single license which permits the holder to both hunt and fish) should be included in the determination of both the number of paid hunting license holders and the number of persons holding paid licenses to fish for sport or recreation.

(5) Some licensing systems require or permit an individual to hold more than one license to hunt or more than one license to fish in a State. Care must be taken that such an individual is not counted more than once as a hunting license holder, or more than once as the holder of a license to fish for sport or recreation. The fish and game director, or other official certifying license information to the Secretary is responsible for seeing that no such duplication or multiple counting of single individuals is present in the figures which they certify. Sampling and other statistical techniques may be utilized by the certifying officer for this purpose.

§ 80.8 Activities prohibited.

Law enforcement and public relation activities which are not functions of an approved Federal Aid project may not be financed under the programs.

§ 80.9 Uses other than for fish and wildlife.

With respect to projects which are designed to include uses other than for fish or wildlife, reimbursement of costs from funds under the Federal Aid Acts shall be limited to the extent of the benefits to fish and wildlife resulting from such projects. Participation in maintenance of completed pro