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cfr_sections: 50:50:9.0.1.5.23.5.37.9

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section_id title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
50:50:9.0.1.5.23.5.37.9 50 Wildlife and Fisheries I F 80 PART 80—ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS E Subpart E—Eligible Activities 80.58 § 80.58 What are public access requirements for activities in an approved award under the Wildlife Restoration or Sport Fish Restoration programs? FWS 16 U.S.C. 669 et seq., except for provisions specific to the Wildlife Conservation and Restoration program, and 777-777m, except 777e-1 and g-1. 91 FR 1888, Jan. 15, 2026, unless otherwise noted.   (a) Public access is required for some eligible activities (see §§ 80.50 and 80.51) when supporting the purpose of an award. (b) The State fish and wildlife agency has the authority, within the purposes of the Acts, to establish parameters for public access and may limit or restrict public access when the management of natural resources and public access are not compatible. Additionally, the agency may limit or restrict public access when the funded project or facility is closed for business or temporarily closed due to an emergency, repairs, construction, or as a safety precaution. (c) When public access is required for projects and facilities that are under the ownership or management control of a third party, the State fish and wildlife agency, following its own State laws and processes, must ensure a legally binding instrument setting forth the terms and conditions, such as a subaward or third-party agreement, is in place as follows: (1) The instrument must be sufficient to ensure public access is provided as expected by the agency and described in the approved award from the Service. (2) The third-party binding agreement must include or reference agency approval for reasonable fees, any rules and requirements for use, circumstances for temporary closure or reduction to public access, duration of the agreement and any useful life expectations, and procedures for any modifications to the agreement. (3) The Service does not have authority to approve or reject a State's third-party binding agreement but will include a special award term and condition to require minimum standards and that third-party binding agreements be maintained in agency award files and provided to the Service, upon request, for all awards where funds under the Acts are being used for renovating, constructing, operating, or maintaining property that a third party owns or controls.
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