§ 2905. — Reimbursement of State cost for developing, revising, and implementing conservation plans and implementing 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: 16USC2905]
TITLE 16--CONSERVATION
CHAPTER 49--FISH AND WILDLIFE CONSERVATION
Sec. 2905. Reimbursement of State costs for developing,
revising, and implementing conservation plans and implementing
certain nongame fish and wildlife conservation actions
(a) In general
Any State may apply to the Secretary for reimbursement under this
section for costs incurred by the State for the following:
(1) The development of a conservation plan.
(2) The revision of an approved conservation plan.
(3) The implementation of nongame fish and wildlife conservation
actions approved under section 2904(c) and (d) of this title.
(4) The implementation of conservation actions specified in an
approved conservation plan.
(5) The coordination, consolidation, or implementation of the
conservation plan or conservation, actions approved under this
chapter with other related plans or actions developed pursuant to
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 the Act of August 9, 1950 (16 U.S.C.
777c(a)(1)), commonly referred to as the Dingell-Johnson Sport Fish
Restoration Act [16 U.S.C. 777 et seq.].
(b) Applications
Application for reimbursement under this section shall be made in
such manner as the Secretary shall by regulation prescribe and shall
contain such information as is necessary to enable the Secretary to
determine whether the State meets the eligibility requirements set forth
in subsection (c) of this section.
(c) Eligibility
No State is eligible for reimbursement under this section unless the
Secretary finds that the costs, for which reimbursement is sought, have
been incurred by the State as follows:
(1) If reimbursement is sought under subsection (a)(1) of this
section, such costs have been incurred in developing a conservation
plan that meets the requirements set forth in section 2903 of this
title.
(2) If reimbursement is sought under subsection (a)(2) of this
section, such costs have been incurred in revising the plan in a
manner consistent with such requirements.
(3) If reimbursement is sought under subsection (a)(3) of this
section, such costs have been incurred in implementing the
conservation actions as approved by the Secretary.
(4) If reimbursement is sought under subsection (a)(4) of this
section, such costs have been incurred in implementing conservation
actions specified in, and in a manner consistent with, the approved
conservation plan.
(5) If reimbursement is sought under subsection (a)(5) of this
section, such costs have been incurred in consolidating,
coordinating or implementing conservation plans and actions approved
under this chapter with approved plans and actions under the Act of
August 9, 1950 (16 U.S.C. 777c(a)(1)), commonly referred to as the
Dingell-Johnson Sport Fish Restoration Act [16 U.S.C. 777 et seq.]
and 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.] in a manner consistent with sections 2901 and
2903 of this title.
(d) Reimbursement
Subject to the limitations in subsection (c) and the terms and
conditions imposed under section 2906 of this title, and to the
availability of funds appropriated under section 2910 of this title, the
Secretary shall reimburse each State which the Secretary finds to be
eligible therefor under subsection (c) of this section.
(e) Limitations
(1) The total amount of the reimbursement paid to any State under
this section with respect to any fiscal year may not exceed the
allocation available to the State under section 2907 of this title for
such year.
(2) No reimbursement may be paid under this section to any State for
any cost incurred by the State during any fiscal year--
(A) after September 30, 1991, in developing a conservation plan;
(B) after September 30, 1986, for costs incurred in implementing
certain nongame fish and wildlife actions approved under section
2904(d) of this title;
(C) in which less than 80 percent of the costs to be reimbursed
are for the principal benefit of nongame fish and wildlife or the
users of nongame fish and wildlife;
(D) in implementing an approved conservation plan, unless the
cost was incurred in implementing actions approved under section
2904(c) or (d) of this title;
(E) in implementing an approved conservation plan covering only
nongame fish and wildlife, or any nongame fish and wildlife
conservation action approved under section 2904(c) or (d) of this
title, to the extent that more than 10 percent of such costs are
paid for with moneys collected during such year by the State--
(i) from the sale of hunting, fishing, and trapping
licenses, and
(ii) as penalties (including forfeitures) for violations of
the hunting, fishing, and trapping laws of the State; or
(F) in implementing an approved conservation plan or any nongame
fish and wildlife conservation action approved under section 2904(c)
or (d) of this title, to the extent that--
(i) more than 10 percent of such costs are applied for
purposes of conservation law enforcement under any such plan or
action, and
(ii) more than 10 percent of such costs in any such year are
accounted for by personal service or other inkind contributions.
(3) The amount of the reimbursement paid to any State under this
section with respect to any fiscal year--
(A) may not exceed 75 percent for the development of a
conservation plan except that during fiscal years 1982, 1983, and
1984 such amount shall not exceed 90 percent;
(B) for the implementation of nongame fish and wildlife
conservation actions approved under section 2904(c) or (d) of this
title, may not exceed 75 percent of the cost of implementing the
action during such fiscal year, except that if such action is
undertaken by two or more States such amount shall not exceed 90
percent;
(C) during and after the fiscal year in which the conservation
plan of the State is approved under section 2904(a) of this title,
may not exceed 75 percent of the cost of implementing and revising
the conservation plan during such fiscal year, or if two or more
States cooperate in implementing or revising such plan, such cost
shall not exceed 90 percent, and
(D) after September 30, 1991, may not exceed--
(i) 50 percent of the cost of implementing and revising the
plan during the fiscal year, if the approved conservation plan
of the State covers only nongame fish and wildlife, or
(ii) 75 percent of the cost of implementing and revising the
plan during such fiscal year, if the approved conservation plan
of the State coordinates and consolidates planning for fish and
wildlife.
(4)(A) In computing the costs incurred by any State during any
fiscal year in developing or revising conservation plans, in
implementing approved conservation plans, or in implementing nongame
fish and wildlife conservation actions approved under section 2904(c) or
(d) of this title, for which reimbursement may be available under this
section, the Secretary shall--
(i) take into account, in addition to each outlay, the value of
inkind contributions and real and personal property received and
applied during such year by the State for such purposes; and
(ii) not include any other Federal moneys received by such State
and applied by it, directly or indirectly, for such purposes.
(B) For purposes of subparagraph (A), inkind contributions may be in
the form of, but are not limited to, personal services rendered by
volunteers in carrying out surveys, censuses, and other scientific
studies regarding fish and wildlife. The Secretary shall by regulation
establish (i) the training experience, and other qualifications which
such volunteers must have in order for their services to be considered
as inkind contributions; and (ii) the standards under which the
Secretary will determine the value of inkind contributions and real and
personal property for purposes of subparagraph (A).
(C) Any valuation determination made by the Secretary for purposes
of this paragraph shall be final and conclusive.
(Pub. L. 96-366, Sec. 6, Sept. 29, 1980, 94 Stat. 1325.)
References in Text
The Pittman-Robertson Wildlife Restoration Act, referred to in
subsecs. (a)(5) and (c)(5), 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
subsecs. (a)(5) and (c)(5), 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.
16 U.S.C 777c(a)(1), referred to in subsecs. (a)(5) and (c)(5),
probably is a reference to section 6(a)(1) of act Aug. 9, 1950, ch. 658,
64 Stat. 432, which is classified to section 777e(a)(1) of this title.
Section Referred to in Other Sections
This section is referred to in sections 2904, 2906, 2907, 2910 of
this title.
