The terms in this section pertain only to the regulations in this part.
Acts means the Pittman-Robertson Wildlife Restoration Act of September 2, 1937, as amended (16 U.S.C. 669–669k), and the Dingell-Johnson Sport Fish Restoration Act of August 9, 1950, as amended (16 U.S.C. 777–777n, except 777e–1 and g–1).
Agency means a State fish and wildlife agency.
Angler means a person who fishes for sport fish for recreational purposes as permitted by State law.
Asset means a grant, cooperative agreement, lease, contract or physical object with value that you own.
Capital improvement means:
(1) An alteration that adds $25,000 or more to the value of the real property, or appreciably prolongs the useful life of the real property, and
(2) Becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself.
Closeout means the process of finalizing all grant expenditures and work at the end of the grant period. This includes submission of final performance reports and all required accounting information.
Comprehensive management plan is a State fish and wildlife agency’s method of operations that links programs, financial systems, human resources, goals, products, and services. It provides an opportunity for public participation and assesses the current, projected, and desired status of fish and wildlife; it develops a strategic plan and carries it out through an operational planning process; and it evaluates results. The planning period is for a term of at least 5 years using a minimum 15-year projection of the desires and needs of the State’s citizens, and is updated no less than every 3 years. A comprehensive-management- system grant funds all or part of a State’s comprehensive management system.
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.
Control means management or supervision of real or personal property assets acquired with WSFR financial assistance so that disposition or avoidable changes in management do not occur without consent from the State fish and wildlife Director and Regional Director.
Cooperative agreement means an agreement in which WSFR has substantial involvement in the implementation of the financially-assisted project.
The Director means:
(1) The person whom the Secretary:
(i) Appointed as the chief executive official of the U.S. Fish and Wildlife Service, and
(ii) Delegated authority 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.
Encumbrance means a legally binding limitation on a specific parcel of real property. It may also refer to the effect of the limitation on the owner’s rights. To encumber the title is to establish a limitation. An encumbrance may lessen the value of the real property or burden, obstruct, or impair its use, but not necessarily prevent transfer of title. Many encumbrances, but not all, are recorded in a body of public records. An encumbrance may be any of the following:
(1) A right or interest in a property held by one who is the not the owner of the property, e.g., easements, profit à prendre, mineral rights, leases, or assignment of rights.
(2) Restriction of a new owner’s real property rights by reservation or deed restriction.
(3) A claim against the owner’s property rights as security for a debt, such as a mortgage, judgment lien, or tax lien.
(4) A liability binding on real property or its owner that requires a specific treatment of the land or management of the habitat. It may be in the form of a contract or condition(s) of a permit.
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, which includes all possible interests or rights that a person can hold in a parcel of land or water; or
(2) Fee with exceptions to title, which excludes one or more real property interests that would otherwise be part of the fee simple.
Grant means an award of money, the principal purpose of which is to transfer funds or property from a Federal agency to a grantee to support or stimulate an authorized public purpose under the Acts. This part uses the term grant for both a grant and a cooperative agreement for convenience of reference. This use does not affect the legal distinction between the two instruments. The meaning of grant in the terms grant funds, grant-funded, under a grant, and under the grant includes the matching cash and any matching in-kind contributions in addition to the Federal award of money.
Intangible property means property having no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). Intangible property is personal property, and must be treated and disposed of as prescribed in financial assistance cost principles.
Interference means any recreational activity or encumbrance that is not specifically listed in the award project narrative as being consistent with the purposes for which the award was acquired.
Law enforcement means the act of writing regulations, issuing punitive citations or tickets for infractions of the law, or assisting with inspections and other enforcement activities that result in the issuance of penalties.
Maintenance means activities necessary for upkeep of a facility. These are activities that allow the facility to function and include routine recurring custodial maintenance, such as housekeeping and minor repairs, and the supplies, materials, and tools necessary to carry out the work. Also, included is non-routine cyclical maintenance to keep facilities fully functional. Cyclical maintenance is major maintenance or renovation activities that the State normally conducts at intervals greater than 1 year.
Match means the value of any non-Federal in-kind contributions and the portion of the costs of a grant-funded project or projects not borne by the Federal Government.
Operations means activities necessary for the facility to produce desired results. These are activities that make the area work and include public use management and hatchery operations.
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 moveable without substantive damage to the land or any structure to which they may be attached;
(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 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 to use an area of land or water with at least one of the following attributes:
(A) Are revocable at the landowner's discretion;
(B) Terminate when the landowner dies or the area of land or water passes to another owner; 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 comprehensive management system grant.
Project Statement means a written component of the grant application that describes all of the projects in an award.
Proposal means the appropriate application forms, project statement, and other documents submitted with the application.
Personal 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 fee and leasehold interests, conservation easements, and mineral rights.
(1) A parcel includes (unless limited by its legal description) the air space above the parcel, the ground below it, and anything physically and firmly attached 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 “lease” is often a type of personal property known as a license, which is described in the definition of personal property in this section.
Recipient means a non-Federal entity that receives a Federal award directly from WSFR to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Regional Director means: (1) the person appointed by the Director to be the chief executive official of one of the Service’s geographic Regions, or (2) a deputy or another person temporarily authorized to exercise the authority of the chief executive official of one of the Service’s geographic Regions. This person’s responsibility does not extend to any administrative units that the Service’s Washington Office supervises directly in that geographic Region.
Research means experimentation and/or data collection that generates results useful for a long time period and over a broad geographical area. Survey and inventory grants are different and results from these grants apply only to the specific period and/or geographical place the survey or inventory occurred.
Secretary means: (1) the person appointed by the President to direct the operation of the Department of the Interior, or (2) a deputy or another person who is temporarily authorized to direct the operation of the Department.
Service means the U.S. Fish and Wildlife Service.
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 of the 50 United States. Other eligible jurisdictions includes the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories of Guam, the U.S. Virgin Islands, and American Samoa for the purposes of the Wildlife Restoration program, and also includes the District of Columbia for purposes of the Sport Fish Restoration Act, the Sport Fish Restoration program, and its subprograms. 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 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 means a record of financial transactions for groups of similar activities based on programs and subprograms. Each group has a unique number. Different subaccounts also distinguish between benefits to marine or freshwater fisheries in the programs and subprograms authorized by the Dingell-Johnson Sport Fish Restoration Act.
Subproject means a discrete activity under a comprehensive management system grant. Subproject documentation includes sufficient information to make NEPA, ESA and NHPA determinations.
Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a WSFR program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Subrecipients have discretion and flexibility in designing a project to resolve an identified issue or problem.
Useful life means the period during which a federally funded capital improvement is capable of fulfilling its intended purpose with adequate routine maintenance.
Wildlife means the indigenous or naturalized (established in a region where it is not indigenous) species of animals 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.
