§ 2904. — Approval of conservation plans and certain nongame fish and wildlife conservation actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2904]
TITLE 16--CONSERVATION
CHAPTER 49--FISH AND WILDLIFE CONSERVATION
Sec. 2904. Approval of conservation plans and certain nongame
fish and wildlife conservation actions
(a) Approval by Secretary of plans
(1) Any State may apply to the Secretary for approval of a
conservation plan.
(2) Applications for the approval of conservation plans shall be
made and reviewed by the Secretary in such manner as the Secretary shall
by regulation prescribe.
(3) As soon as practicable, but no later than 180 days, after the
date on which a State submits (or resubmits in the case of prior
disapproval) an application for the approval of a conservation plan the
Secretary shall--
(A) approve the conservation plan, and designate it as an
approved conservation plan, if he determines that the plan--
(i) meets the requirements set forth in section 2903 of this
title, and
(ii) is substantial in character and design; or
(B) disapprove the conservation plan if he determines that--
(i) the plan does not meet the requirements set forth in
section 2903 of this title, or
(ii) to implement any part of the plan on the basis of the
specifications, determinations, identifications, or priorities
therein would threaten the natural stability and continued
viability of any of the plan species concerned.
If the Secretary disapproves a plan, he shall give the State concerned a
written statement of the reasons for disapproval and provide the State
opportunity for consultation with respect to deficiencies in the plan
and the modifications required for approval.
(b) Effect of approval of plans
If the Secretary approves the conservation plan of any State under
subsection (a) of this section--
(1) that portion of such plan that pertains to wildlife
conservation shall be deemed to be an approved plan for purposes of
section 6(a)(1) of the Act of September 2, 1937 (16 U.S.C.
669e(a)(1)), commonly referred to as the Pittman-Robertson Wildlife
Restoration Act [16 U.S.C. 669 et seq.]; and
(2) that portion of such plan that pertains to fish conservation
shall be deemed to be an approved plan for the purposes of section
6(a)(1) of the Act of August 9, 1950 [16 U.S.C. 777e(a)(1)] commonly
referred to as the Dingell-Johnson Sport Fish Restoration Act [16
U.S.C. 777 et seq.].
(c) Conservation actions
If the Secretary approves the conservation plan of any State under
subsection (a) of this section, those conservation actions set forth in
the plan which pertain to nongame fish and wildlife shall be deemed to
be eligible as nongame fish and wildlife projects for which
reimbursement is available under section 2905 of this title.
(d) Nongame conservation actions in the absence of an approved plan
In the absence of an approved conservation plan, and on a showing of
need by the State, the Secretary may deem certain conservation actions
to be nongame fish and wildlife projects for which reimbursement is
available under section section 2905(a)(3) of this title if they--
(1) are consistent with such of the requirements set forth in
section 2903 of this title as may be appropriate, including, but not
limited to, the requirements in paragraphs (3), (4), (5), and (7) of
such section; and
(2) are substantial in character and design.
(Pub. L. 96-366, Sec. 5, Sept. 29, 1980, 94 Stat. 1324.)
References in Text
The Pittman-Robertson Wildlife Restoration Act, referred to in
subsec. (b)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended,
also known as the Federal Aid in Wildlife Restoration Act, which is
classified generally to chapter 5B (Sec. 669 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 669 of this title and Tables.
The Dingell-Johnson Sport Fish Restoration Act, referred to in
subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, as amended,
also known as the Federal Aid in Fish Restoration Act and the Fish
Restoration and Management Projects Act, which is classified generally
to chapter 10B (Sec. 777 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 777 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2902, 2905 of this title.
