Diversion occurs when any revenue from the sale of hunting and fishing licenses within States and U.S. territories is used for purposes other than the administration of the fish and wildlife agency.
This information applies to:
Wildlife Restoration and Sport Fish Restoration Programs
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Authorities
50 CFR 80 Administrative Requirements, Pittman-Robertson Wildlife Restoration and Dingell-Johnson Sport Fish Restoration Acts
§ 80.2 What terms do I need to know?
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Diversion means any use of revenue from hunting and fishing licenses for a purpose other than administration of the State fish and wildlife agency.
§ 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 as described in the Acts and maintain control of revenue from hunting and fishing licenses. This revenue is to be used for administration of the State fish and wildlife agency, which includes the functions required to manage the agency and the fish- and wildlife-related resources for which the agency has authority under State law.
Specifically, the Acts direct that this legislation:
(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.
A State becomes ineligible to receive the benefits of the Acts if they fail materially to comply with any law, regulation, or term of a grant as it relates to acceptance and use of funds under the Acts.
[91 FR 1723, Jan. 15, 2026]
Frequently Asked Questions
What if a State diverts license revenue from the control of its fish and wildlife agency? (50 CFR 80.21)
The Director may declare a State to be in diversion if it violates the requirements of § 80.10 by diverting license revenue from the control of its fish and wildlife agency to purposes other than the agency's administration. The State is then ineligible to receive benefits under the relevant Act from the date the Director signs the declaration until the date the State resolves the diversion. Only the Director may declare a State to be in diversion, and only the Director may rescind the declaration.
What must a State do to resolve a declaration of diversion? (50 CFR 80.22)
The State must complete the actions in paragraphs (a) through (e) of this section to resolve a declaration of diversion. The State must use a source of funds other than license revenue to fund the replacement of license revenue.
(a) If necessary, the State must enact adequate legislative prohibitions to prevent diversions of license revenue.
(b) The State fish and wildlife agency must replace all diverted funds derived from license revenue and the interest lost up to the date of repayment. The agency must update financial records for the receipt of the diverted funds and interest accordingly.
(c) The agency must receive either the revenue earned from diverted property during the period of diversion or the current market rental rate of any diverted property, whichever is greater.
(d) The agency must take one of the following actions to resolve a diversion of real, personal, or intellectual property:
(1) Regain management control of the property, which must be in about the same condition as before diversion;
(2) Receive replacement property that meets the criteria in paragraph (e) of this section; or
(3) Receive an amount at least equal to the current market value of the diverted property only if the Director agrees that the actions described in paragraphs (d)(1) and (2) of this section are impractical.
(e) To be acceptable under paragraph (d)(2) of this section:
(1) Replacement property must have both:
(i) Market value that at least equals the current market value of the diverted property; and
(ii) Fish or wildlife benefits that at least equal those of the property diverted.
(2) The Director must agree that the replacement property meets the requirements of paragraph (e)(1) of this section.
Does a declaration of diversion affect a previous Federal obligation of funds? (50 CFR 80.23)
No. Federal funds obligated before the date that the Director declares a diversion remain available for expenditure without regard to the intervening period of the State's ineligibility.
