# 80.62 What are eligible and ineligible 90/10/5 activities?
(a) The following are eligible 90/10/5 activities:
(1) Acquiring real property suitable or capable of being made suitable for constructing or expanding public target ranges (see subpart J of this part).
(2) Acquiring title to real property with an existing target range when the acquisition will increase public access or includes construction or expansion activities on the existing target range.
(3) Constructing a public target range on land owned or under management control of the State fish and wildlife agency. Construction may occur on land when title is held by a third party provided the agency holds a lease or other third-party binding agreement under State law that ensures the terms and conditions of the award will be met.
(4) Constructing or acquiring a mobile public target range.
(5) Expanding the physical footprint or configuration of an existing public target range in a manner that increases range capacity to accommodate more participants, provides additional range activities or functions, or physically modifies to accommodate all participants, regardless of ability. Examples include adding more lanes at a range, adding structures that provide access that is compliant with the Americans With Disabilities Act (42 U.S.C. 12101 *et seq.*), and expanding the facility to provide new opportunities that did not exist before, such as adding an archery range to a former firearm-only facility.
(6) Coordinating 90/10/5 awards that directly support acquiring land for, constructing, or expanding public target ranges through necessary activities that address planning, compliance, appraisals, engineering, and administering a project.
(7) Auxiliary activities and amenities that support the primary project and are necessary to the public's ability to fully utilize the public target range. Examples include public restrooms, storage facilities, protective bunkers and barriers, signs and markers, roads and parking areas, and utilities.
(8) Improvements may be approved if they are needed to prevent a public target range facility from becoming inoperable or suffering from significant diminished capacity. Consult with your Regional Wildlife and Sport Fish Restoration Program Office.
(9) Constructing or expanding public target range projects on federally owned land.
(b) The following are ineligible 90/10/5 activities:
(1) Operations at a public target range.
(2) Maintenance at a public target range, unless necessary for completing a project for constructing or expanding a public target range.
(3) Construction that is not to build a new or expand an existing public target range. This includes auxiliary activities and amenities not associated with an approved new or expansion project.
(4) Long-term monitoring of a public target range facility.
(5) Activities that do not provide or support new or increased physical capacity for public target ranges.