1. Valuation of a Recipient's in-kind contribution of real property: Clarify 2 CFR 200.306(h)(2) on how you value a recipient’s in-kind matching contribution of real property for a project that requires the use of the property for a period less than perpetuity. Mellinger Email. (75)
  2. Loss of control and diversion: Establish criteria or give generic examples to determine what falls within a State’s authority to give general direction to its State fish and wildlife agency and what would constitute loss of control. Clarify that it is not a diversion if a State establishes construction requirements or land-management standards applicable across the board. Who has the authority to speak for the Service on loss of control and diversion? Are there any requirements for consultation between the Regional and Washington Offices? (80)
  3. Encumbrances: Provide criteria for how to handle requests for: (a) right-of-way easements for utility lines or the widening of public roads across lands acquired, managed, or maintained with Federal financial assistance; or (b) discretionary access easements, i.e., not court-ordered, across such lands?” (2 CFR 200.311 Real property. (a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired or improved under a Federal award will vest upon acquisition in the non-Federal entity. (b) Use. Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose, during which time the non-Federal entity must not dispose of or encumber its title or other interests.) (75)
  4. Requirements for Replacement Lands:  If a loss of control occurs on land purchased with WSFR assistance, the State must either regain management control of it or replace lands with lands of equal value providing equal benefits. Is State land eligible for replacement if it is already protected?  Does this achieve the purposes of the acts and provide additional wildlife habitat?
  5. Capital improvements: Change capital improvement threshold from $10,000 to $25,000 and define the term adequately. This will increase the threshold for purposes of prior approvals and the requirements of 50 CFR 80, subpart J. (75)
  6. Eligibility of payments in lieu of taxes (PILT): Establish PILT as an eligible cost of the Wildlife and Sport Fish Restoration program, even for lands that were not acquired under the Wildlife Restoration program, the Sport Fish Restoration program, or any other Federal grant program. Emphasize that PILT is eligible only if the PILT requirements are applied uniformly across all State land management agencies, and only for that portion of PILT not paid by other sources of revenue. See Corrective Action Plan for the Inspector General’s audit report 2003-36, E-0007 2001-2003 for period July 99-Oct 01, and see the white paper on PILT revised in April 2015.  PILT info. (80)
  7. Real property: In 50 CFR 80.134, extend coverage to new developments, renovations, or maintenance projects on any real property controlled by the grant recipient during the life of the project.  (This deals with secondary uses not interfering with authorized purpose of the grant.)  Comment on the 50 CFR 80 proposed rule during the 2010-11 rulemaking.  This prevents some States from discounting or prorating grant percentages. (80)
  8. Conservation easements: A State fish and wildlife agency recommended that we require a legally binding agreement between a State holding an easement and another entity that receives a concurrent right.  The agreement should describe concurrent responsibilities and authorities of each entity. Require that the agreement be recorded. (80)
  9. Land reconciliation: Give guidance (and timetable?) for comprehensive lands reconciliation process.  Address 2 CFR 200.329 on Reporting on Real Property. (75)
  10. Federal nexus significant financial assistance for restoration, maintenance, or PILT:  Currently, 50 CFR 80.134 describes requirements for State agencies to use lands acquired and capital improvements constructed with WSFR funds for their authorized purpose.  In the case of capital improvements, this is for the useful life of the improvement, and for land acquisition this can be in perpetuity. There are no requirements for States to ensure that license-acquired lands that are restored or maintained with WSFR grant funds continue to serve WSFR grant purposes after the period of performance of the restoration or maintenance grant. Same goes for lands that receive significant grant funding for PILT payments.  Consider requiring something similar to a recorded Notice of Federal Participation on these WSFR-managed and maintained lands.  A threshold would be needed to determine at what point a "Federal nexus" is created. (June 5 Issue from Colleen Sculley.) (80)
  11. 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)

 

Regulation Webinar Information

Call-In Information for all of the Webinars is:

Start Time for All Webinars: 1;00 PM EDT (Please allot 1:30 hours for the call)

Date: July 29, 2015

Dial-in Conference Audio: 1-866-560-8092

Participant Code: 16426765

To join the meeting: http://wsfr.adobeconnect.com/policy/

 

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