1. Volunteer time as match: Address Americorps and VISTA volunteers time as match.  See AGM workbook on Wiki with P.Barlow 2013 guidance disallowing the use of these volunteers’ hours as match.  (75)
  2. Program income clarification: Correct the one remaining instance in 50 CFR 80 where program income is used for income earned after the grant period. (80)
  3. Federal subrecipients: Can a Federal entity be a subrecipient under the provisions of the Federal Grant and Cooperative Agreement Act and despite the definition of recipient and subrecipient in 2 CFR 200.  If the answer is yes, then address how funds are transferred to the Federal entity.(75)
  4. Symbols: State in a new section of 50 CFR 80, at the appropriate subpart, that a manufacturer or importer of items subject to the excise tax that supports the Trust Funds does not need to enter into a formal agreement to use the program symbols (logos). This is consistent with the last sentence of the document titled Wildlife and Sport Fish Restoration Symbols, which is on the WSFR Tool Kit under General Guidance (80).
  5. Buy American Act(41 U.S.C. §8301-8305): Address the Buy American Act in the appendix. – Unless there is new information, we will avoid duplication of what is at 2 CFR 200 now. (75)
  6. Land reconciliation: Give guidance (and timetable?) for comprehensive lands reconciliation process.  Address 2 CFR 200.329 on Reporting on Real Property. (75)
  7. Project statement for hunter education projects: Retain the following provision from the now-rescinded 522 FW 13, Hunter and Aquatic Education: “For each project within a grant proposal or a grant agreement, provide a summary of work to be accomplished by location and the estimated cost of each during the GP or GA period.  If any project within the grant includes the construction of training facilities such as ranges, see 522 FW 10 for documentation requirements.” This was a Regional comment on the proposed rescission of 12 chapters in 2013-14. (80) If there’s a legitimate reason, it has to be based on more than (a) the hunter education specialists’ preference or (b) because it was in the rescinded chapter, especially due to the fact that other programs do not list similar requirements in regulation. 
  8. Program income as match: What criteria does the Service use in deciding whether to approve the matching alternative for the use of program income? (75)
  9. Wildlife damage control: Incorporate into regulation the wildlife damage control sections and possibly other elements of 522 FW 1, FA in Wildlife Restoration, and 522 FW 2, FA in Sport Fish Restoration. (80)
  10. Proportional drawdown of match: Clarify that proportional use of matching funds is NOT required unless it is required by a Treasury/State agreement (see 31 CFR 205.3(a) and 205.15(d)) or program regulations (see 50 CFR 80.96). (75)
  11. Proportional drawdown of funds for direct and indirect costs: Clarify that proportional use of matching funds IS required for State recipients, which does not include local governments, or institutions of higher education. (see 31 CFR 205.33(a))
  12. Treasury/State agreements: Explain in a general way the potential implications of a Treasury/State agreement (see 31 CFR 205, subpart A). (75)

  13. Law enforcement as an eligible activity: 50 CFR 80.54 designates law enforcement as an ineligible activity “except when necessary to carry out project purposes approved by the Regional Director.” Provide criteria for when law enforcement may be necessary or give examples in the appendix. (80)

  14. Convict labor:  State the conditions under which convict labor (peonage) may be used on a project.  See 519 FW 1, Compliance Requirements Summary, section 2g. (75)
  15. Profit: Address the implications of 2 CFR 200.400(g), which reads: “The non-Federal entity may not earn or keep any profit resulting from Federal financial assistance, unless expressly authorized by the terms and conditions of the Federal award.” Does the disposition of gas, oil, and other minerals from lands acquired with financial assistance constitute a profit? (75)
  16. Financial Systems and program income: See Region 3's comment on page 14 about financial management systems that are incapable of accounting for program income. Additionally, 2 CFR 200.302(b)(3) requires that recipients’ financial management systems must contain information on “income” among another things. (75)
  17. Patent rights: Address patent rights in the appendix (see 37 CFR 401). (75)
  18. Useful life: 50 CFR 80.82 (c)(5) Consider putting in the appendix a reference to a method that is based on professional engineering input. (75)
  19. Incurring costs before period of performance:  Make 50 CFR 80.94(b)(6) consistent with the wording of the proposed 520 FW 8.20.  This would require the applicant to obtain our concurrence that entering into a preaward contractual commitment to buy real property is necessary to take advantage of temporary circumstances favorable to the project or to meet legal deadlines. (75)
  20. Fee title vs fee simple: 50 CFR 80.130(c) and 80.132 use fee title, and other sections use fee simple. Standardize the use of these terms.  (80)
  21. Definitions in 50 CFR 80 vs real property chapers: Standardize the definitions in the proposed 520 FW 6 [the first real property chapter] and 50 CFR 80. (80)
  22. Real property disposition: 50 CFR 80.137(b)  Replace the language after “Request disposition instructions for the real property …” with the following: “…following the disposition requirements in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” (80, but consider whether this section should be in 50 CFR 75 instead of 50 CFR 80)
  23. Risk assessments: Implement 2 CFR 200.205(b): “…[F]or competitive awards or cooperative agreements, the Federal awarding agency must have in place a framework for evaluating the risks posed by applicants before they receive Federal awards. …” Presumably this should include risk assessments of subrecipients. (The WSFR FAPO branch may have already developed something for Servicewide application.) See CIAP audit recommendation summary #4 p. 42 and p. 8 connected with risk assessment. (75)
  24. Sole source: Address competition and sole source and provide criteria for documentation.  Address the need to select appraisers competitively. See the Inspector General’s June 2013 audit of the Coastal Impact Assessment Program, pp 26, 27, and 47 in the audit. (75)
  25. Financial management systems: Address the implications of 2 CFR 200.302, which says that  States must follow their own laws and procedures to account for grant funds. (75)
  26. Using Federal rate schedules to determine reimbursement for equipment use:  State in regulation that applicants cannot use IRS and FEMA rate schedules to determine reimbursement for equipment use. (75)
  27. Teacher salaries: State the conditions under which teacher salaries can be used as in-kind match in the Aquatic Education subprogram. (80)
  28. Define Assets:  What does "assets" mean for the purposes of 50 CFR 80.90(F).  Define the term "control" as well.  
  29. Disposition of Equipment: