50 CFR § 81.1 - 81.15 - Conservation of Endangered and Threatened species of Fish, Wildlife and Plants - Cooperation with the States

645 U.S. Fish and Wildlife Serv., Interior § 81.1 days of the date that the Director mailed the decision. An appeal to the Secretary must follow procedures in 43 CFR part 4, subpart G, ‘‘Special Rules Applicable to other Appeals and Hear ings.’’ Subpart L—Information Collection § 80.160 What are the information col lection requirements of this part? (a) This part requires each State fish and wildlife agency to provide the fol lowing information to the Service. The State agency must: (1) Certify the number of people who have paid licenses to hunt and the number of people who have paid li censes to fish in a State during the State-specified certification period (OMB control number 1018–0007). (2) Provide information for a grant application on a Governmentwide standard form (OMB control number 4040–0002). (3) Certify on a Governmentwide standard form that it: (i) Has the authority to apply for the grant; (ii) Has the capability to complete the project; and (iii) Will comply with the laws, regu lations, and policies applicable to non construction projects, construction projects, or both (OMB control num bers 4040–0007 and 4040–0009). (4) Provide a project statement that describes the need, purpose and objec tives, results or benefits expected, ap proach, geographic location, expla nation of costs, and other information that demonstrates that the project is eligible under the Acts and meets the requirements of the Federal Cost Prin ciples and the laws, regulations, and policies applicable to the grant pro gram (OMB Control Number 1018–0100). (5) Change or update information pro vided to the Service in a previously ap proved application (OMB Control Num ber 1018–0100). (6) Report on a Governmentwide standard form on the status of Federal grant funds and any program income earned (OMB control number 0348–0061). (7) Report as a grantee on progress in completing the grant-funded project (OMB Control Number 1018–0100). (b) The authorizations for informa tion collection under this part are in the Acts and in 2 CFR part 200, ‘‘Uni form Administrative Requirements, Cost Principles, and Audit Require ments for Federal Awards.’’ (c) Send comments on the informa tion collection requirements to: U.S. Fish and Wildlife Service, Information Collection Clearance Officer, 5275 Lees burg Pike, MS: BPHC, Falls Church, Virginia 22041–3803. [76 FR 46156, Aug. 1, 2011, as amended at 79 FR 43967, July 29, 2014, 84 FR 44788, Aug. 27, 2019] PART 81—CONSERVATION OF EN DANGERED AND THREATENED SPECIES OF FISH, WILDLIFE, AND PLANTS—COOPERATION WITH THE STATES Sec. 81.1 Definitions. 81.2 Cooperation with the States. 81.3 Cooperative Agreement. 81.4 Allocation of funds. 81.5 Information for the Secretary. 81.6 Project Agreement. 81.7 Availability of funds. 81.8 Payments. 81.9 Assurances. 81.10 Submission of documents. 81.11 Divergent opinions over project mer its. 81.12 Contracts. 81.13 Inspection. 81.14 Comprehensive plan alternative. 81.15 Audits. AUTHORITY: Endangered Species Act of 1973, sec. 6(h), 87 Stat. 884, 16 U.S.C. 1531–43, Pub. L. 93–205. SOURCE: 40 FR 47509, Oct. 9, 1975, unless otherwise noted. § 81.1 Definitions. As used in this part, terms shall have the meaning ascribed in this section. (a) Agreements. Signed documented statements of the actions to be taken by the State(s) and the Secretary in furthering the purposes of the Act. They include: (1) A Cooperative Agreement entered into pursuant to section 6(c) of the En dangered Species Act of 1973 and § 81.2 of this part. (2) A Project Agreement which in cludes a statement as to the actions to VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00655 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 646 50 CFR Ch. I (10–1–22 Edition) § 81.2 be taken in connection with the con servation of endangered or threatened species, benefits derived, cost of ac tions, and costs to be borne by the Fed eral Government and by the States. (b) Conserve, conserving, and conserva tion. The use of all methods and proce dures which are necessary to bring any endangered species or threatened spe cies to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer nec essary. Such methods and procedures include, but are not limited to, all ac tivities associated with scientific re sources management such as research, census, law enforcement, habitat ac quisition and maintenance, propaga tion, live trapping, and transplan tation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. (c) Endangered species. Any species which is in danger of extinction throughout all or a significant portion of its range (other than a species of the Class Insecta as determined by the Sec retary to constitute a pest whose pro tection under the provisions of The En dangered Species Act of 1973 would present an overwhelming and over riding risk to man). (d) Fish or wildlife. Any member of the animal kingdom, including without limitation any mammal, fish, bird (in cluding any migratory, nonmigratory, or endangered bird for which protec tion is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. (e) Plant. Any member of the plant kingdom, including seeds, roots, and other parts thereof. (f) Program. A State-developed set of goals, objectives, strategies, action, and funding necessary to be taken to promote the conservation and manage ment of resident endangered or threat ened species. (g) Secretary. The Secretary of the In terior or his authorized representative. (h) Species. This term includes any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wild life which interbreeds when mature. (i) State. Any of the several States, the District of Columbia, the Common wealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territory of the Pacific Is lands. (j) State agency. The State agency or agencies, or other governmental entity or entities which are responsible for the management and conservation of fish or wildlife resources within a State. (k) Plan. A course of action under which immediate attention will be given to a State’s resident species de termined to be endangered or threat ened. (l) Threatened species. Any species which is likely to become an endan gered species within the foreseeable fu ture throughout all or a significant portion of its range, as determined by the Secretary. (m) Project. A plan undertaken to conserve the various species of fish and wildlife or plants facing extinction. (n) Act. The Endangered Species Act of 1973, Pub. L. 93–205, 16 U.S.C. 1531 et seq. (o) Project segment. An essential part or a division of a project, usually sepa rated as a period of time, occasionally as a unit of work. (p) Resident species. For the purposes of the Endangered Species Act of 1973, a species is resident in a State if it ex ists in the wild in that State during any part of its life. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979; 49 FR 30074, July 26, 1984] § 81.2 Cooperation with the States. The Secretary is authorized by the act to cooperate with any State which establishes and maintains an adequate and active program for the conserva tion of various endangered and threat ened species. In order for a State pro gram to be deemed an adequate and ac tive program, the Secretary must find and reconfirm, on an annual basis, that under the State program, either: (a) Authority resides in the State agency to conserve resident species of fish and wildlife or plants determined by the State agency or the Secretary to be endangered or threatened; VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00656 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 647 U.S. Fish and Wildlife Serv., Interior § 81.5 (b) The State agency has established an acceptable conservation program, consistent with the purposes and poli cies of the act, for all residents species of fish and wildlife or plants in the State which are deemed by the Sec retary to be endangered or threatened; and has furnished a copy of such pro gram together with all pertinent de tails, information, and data requested to the Secretary; (c) The State agency is authorized to conduct investigations to determine the status and requirements for sur vival of resident species of fish and wildlife or plants; (d) The State agency is authorized to establish programs, including the ac quisition of land or aquatic habitat or interests therein, for the conservation of resident endangered or threatened species; and (e) Provisions are made for public participation in designating resident species of fish and wildlife or plants as endangered or threatened, or that under the State program: (1) The re quirements set forth in paragraphs (c), (d), and (e) of this section are complied with concerning fish and wildlife and in paragraphs (c) and (e) of this section concerning plants, and plans are in cluded under which immediate atten tion will be given to those resident spe cies of fish and wildlife or plants which are determined by the Secretary or the State agency to be endangered or threatened and which the Secretary and the State agency agree are most urgently in need of conservation pro grams; except that a cooperative agree ment entered into with a State whose program is deemed adequate and active pursuant to this paragraph shall not affect the applicability of prohibitions set forth in or authorized pursuant to section 4(d) or section 9(a)(1) of the En dangered Species Act of 1973 with re spect to the taking of any resident en dangered or threatened species. [41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979] § 81.3 Cooperative Agreement. Upon determination by the Secretary that a State program is adequate and active and complies with § 81.2, the Sec retary shall enter into an Agreement with the State. A Cooperative Agree ment is necessary before a Project Agreement can be approved for endan gered or threatened species projects. A cooperative agreement under § 81.2 must be reconfirmed annually to re flect new laws, species lists, rules and regulations, and programs, and to dem onstrate that the program is still ac tive and adequate. The Secretary, in determining which species are most ur gently in need of a conservation pro gram as provided for in § 81.2(e), shall apply the following criteria: (1) The de gree of threat to the continued exist ence of the species; (2) the recovery po tential of the species; (3) the taxo nomic status, e.g., giving full species priority over subspecies or populations; and (4) such other relevent biological factors as determined appropriate. [41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979] § 81.4 Allocation of funds. The Secretary shall semi-annually allocate funds, appropriated for the purpose of carrying out Section 6, to various State programs using the fol lowing as the basis for his determina tion: (a) The international commitments of the United States to protect endan gered or threatened species; (b) The readiness of a State to pro ceed with a conservation program con sistent with the objectives and pur poses of the Act; (c) The number of endangered and threatened species within a State; (d) The potential for restoring endan gered and threatened species within a State; and (e) The relative urgency to initiate a program to restore and protect an en dangered or threatened species in terms of survival of the species. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979] § 81.5 Information for the Secretary. Before any Federal funds may be ob ligated for any project to be under taken in a State, the State must have entered into a Cooperative Agreement with the Secretary pursuant to section 6(c) of the Act. VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00657 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 648 50 CFR Ch. I (10–1–22 Edition) § 81.6 § 81.6 Project Agreement. (a) Subsequent to the establishment of a Cooperative Agreement pursuant to § 81.3, the Secretary may further agree with the States to provide finan cial assistance in the development and implementation of acceptable projects for the conservation of endangered and threatened species. Financial agree ments will consist of an Application for Federal Assistance and a Project Agreement. Such agreements’ contin ued existence, and continued financial assistance under such agreements, shall be contingent upon the continued existence of the Cooperative Agree ment described in § 81.3 of this part. (b) The Application for Federal As sistance will show the need for the project, the objectives, the expected benefits and results, the approach, the period of time necessary to accomplish the objectives, and both the Federal and State costs. All of a State’s activi ties proposed for this Federal grant support will be incorporated in one or more project applications. (c) To meet the requirements of the Act, the Application for Federal Assist ance shall certify that the State agen cy submitting the project is committed to its execution and that is has been reviewed by the appropriate State offi cials and is in compliance with other requirements of the Office of Manage ment and Budget Circular No. A–95 (as revised). (d) The Project Agreement will fol low approval of the Application for Federal Assistance by the Secretary. The mutual obligations by the cooper ating agencies will be shown in this agreement executed between the State and the Secretary. An agreement shall cover the financing proposed in one project segment and the work items de scribed in the documents supporting it. (e) The form and content for both the Application for Federal Assistance and the Project Agreement are provided in the Federal Aid Manual. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979] § 81.7 Availability of funds. Funds allocated to a State are avail able for obligation during the fiscal year for which they are allocated and until the close of the succeeding fiscal year. For the purpose of this section, obligation of allocated funds occurs when a Project Agreement is signed by the Secretary, or his authorized rep resentative, attesting to his approval. § 81.8 Payments. The payment of the Federal share of costs incurred in the conduct of activi ties included under a Project Agree ment shall be in accordance with Treasury Circular 1075. (a) Federal payments under the Act shall not exceed 75 percent of the pro gram costs as stated in the agreement; except, the Federal share may be in creased to 90 percent when two or more States having a common interest in one or more endangered or threatened species, the conservation of which may be enhanced by cooperation of such States, enter jointly into an agreement with the Secretary. (b) The State share of program costs may be in the form of cash or in-kind contributions, including real property, subject to standards established by the Secretary as provided in Office of Man agement and Budget Circular A–102. (c) Payments under the Endangered Species Act, including such prelimi nary costs and expenses as may be in curred in connection with projects, shall not be made unless all documents that may be necessary or required in the administration of this Act shall have first been submitted to and ap proved by the Secretary. Payments shall be made for expenditures reported and certified by the State agencies. Payments shall be made only to the State office or official designated by the State agency and authorized under the laws of the State to receive public funds of the State. (d) Vouchers and forms provided by the Secretary and certified as therein prescribed, showing amounts expended and the amount of Federal Aid funds claimed to be due on account thereof, shall be submitted to the Secretary by the State agency. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979; 49 FR 30074, July 26, 1984] § 81.9 Assurances. The State must assure and certify that it will comply with all applicable VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00658 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R 649 U.S. Fish and Wildlife Serv., Interior § 82.1 Federal laws, regulations, and require ments as they relate to the applica tion, acceptance, and use of Federal funds for projects under the Act in ac cordance with Office of Management and Budget Circular A–102. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979] § 81.10 Submission of documents. Papers and documents required by the Act or by regulations in this part shall be deemed submitted to the Sec retary from the date of receipt by the Director of the U.S. Fish and Wildlife Service. § 81.11 Divergent opinions over project merits. Any difference of opinion about the substantiality of a proposed project or appraised value of land to be acquired are considered by qualified representa tives of the Secretary and the State. Final determination in the event of continued disagreement rests with the Secretary. § 81.12 Contracts. The State may use its own regula tions in obtaining services providing that they adhere to Federal laws and the requirements provided by Office of Management and Budget Circular A– 102. The State is the responsible au thority without recourse to the Sec retary regarding settlement of contrac tual issues. [40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979] § 81.13 Inspection. Supervision of each project by the State shall include adequate and con tinuous inspection. The project will be subject to periodic Federal inspection. § 81.14 Comprehensive plan alter native. In the event that the State elects to operate under a comprehensive fish and wildlife resource planning system, the Cooperative Agreement will be an at tachment to the plan. No Application for Federal Assistance will be required since the documentation will be incor porated in the plan. However, the con tinued existence of the comprehensive plan, and Federal financing thereunder, will be contingent upon the continued existence of the Cooperative Agree ment described in § 81.3, above. § 81.15 Audits. The State is required to conduct an audit at least every two years in ac cordance with the provisions of Attach ment P of OMB Circular A–102. Failure to conduct audits as required may re sult in withholding of grant payments or such other sanctions as the Sec retary may deem appropriate. [49 FR 30074, July 26, 1984] PART 82—ADMINISTRATIVE PROCE DURES FOR GRANTS-IN-AID (MA RINE MAMMAL PROTECTION ACT OF 1972) Subpart A—Introduction Sec. 82.1 Scope of regulations. 82.2 Purpose of regulations. 82.3 Supplementary information and proce dures. 82.4 Authority. 82.5 Definitions. Subpart B—Application for Grants 82.6 Submission of proposals. 82.7 Coordination with States. Subpart C—Administration 82.8 Prosecution of work. 82.9 General information for the Secretary. 82.10 Payments to grantee. 82.11 Forms of vouchers. 82.12 Permit requirements. 82.13 Ownership of property. 82.14 Inspection and audit. 82.15 Record retention. 82.16 Reporting. 82.17 Procurement. 82.18 Officials not to benefit. 82.19 Patents and inventions. 82.20 Civil rights. 82.21 Copyrights. AUTHORITY: 16 U.S.C. 1361–1407, 86 Stat. 1027. SOURCE: 40 FR 23281, May 29, 1975, unless otherwise noted. Subpart A—Introduction § 82.1 Scope of regulations. The regulations in this part are issued, pursuant to the authority of the VerDate Sep<11>2014 17:11 Jun 01, 2023 Jkt 256244 PO 00000 Frm 00659 Fmt 8010 Sfmt 8010 Y:\SGML\256244.XXX 256244pp ar ke r on D S K 6V X H R 33 P R O D w ith C F R