Assent legislation refers to legislation that must be passed and maintained by States acting through their fish and wildlife agencies so they will be eligible to receive benefits of the Wildlife and Sport Fish Restoration Acts.
This information applies to:
Wildlife and Sport Fish Restoration programs
Title 16 - CONSERVATION CHAPTER 5B - WILDLIFE RESTORATION
§669. Cooperation of Secretary of the Interior with States; conditions
The Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter in this chapter set forth; but no money apportioned under this chapter to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this chapter and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this chapter, shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this chapter and all projects shall conform to the standards fixed by the Secretary of the Interior.
[Sept. 2, 1937, ch. 899, §1, 50 Stat. 917; 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.]
50 CFR 80 Financial Assistance: Wildlife Restoration, Sport Fish Restoration, Hunter Education and Safety
§ 80.10 Who is eligible to receive the benefits of the Acts?
States acting through their fish and wildlife agencies are eligible for benefits of the Acts only if they pass and maintain legislation that:
(a) Assents to the provisions of the Acts;
(b) Ensures the conservation of fish and wildlife; and
(c) Requires that revenue from hunting and fishing licenses be:
(1) Controlled only by the State fish and wildlife agency, and
(2) Used only for administration of the State fish and wildlife agency, which includes only the functions required to manage the agency and the fish- and wildlife-related resources for which the agency has authority under State law.
[76 FR 46156, Aug. 1, 2011]
Frequently Asked Questions
What happens if a State is not in compliance with the assent legislation requirement?
A State/Territory not having or removing this restriction is ineligible to participate in the WSFR program. Eligible States/Territories removing this restriction or using revenue from license fees for purposes other than for the fish and wildlife agency may be declared ineligible and may be "in diversion."
What is required in a State’s assent legislation?
- Ensures the conservation of fish and wildlife; and
- Requires that revenue from hunting and fishing licenses be:
- Controlled only by the State fish and wildlife agency, and
- Used only for administration of the State fish and wildlife agency, which includes only the functions required to manage the agency and the fish- and wildlife-related resources for which the agency has authority under State law.