§ 3744. — Wildlife partnership program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3744]
TITLE 16--CONSERVATION
CHAPTER 57A--PARTNERSHIPS FOR WILDLIFE
Sec. 3744. Wildlife partnership program
(a) In general
The Secretary shall provide the amounts available in the Fund to
designated State agencies on a matching basis to assist in carrying out
wildlife conservation and appreciation projects that are eligible under
subsection (b) of this section.
(b) Eligible projects
The following wildlife conservation and appreciation projects shall
be eligible for matching funds from the Fund:
(1) inventory of fish and wildlife species;
(2) determination and monitoring of the size, range and
distribution of populations of fish and wildlife species;
(3) identification of the extent, condition, and location of the
significant habitats of fish and wildlife species;
(4) identification of the significant problems that may
adversely affect fish and wildlife species and their significant
habitats;
(5) actions to conserve fish and wildlife species and their
habitats; and
(6) actions of which the principal purpose is to provide
opportunities for the public to use and enjoy fish and wildlife
through nonconsumptive activities.
(c) Project standards
The Secretary shall not provide funding to carry out an eligible
wildlife conservation and appreciation project unless the Secretary
determines that such a project--
(1) is planned adequately to accomplish the stated objective or
objectives;
(2) utilizes accepted fish and wildlife management principles,
sound design and appropriate procedures;
(3) will yield benefits pertinent to the identified need at a
level commensurate with project costs;
(4) provides for the tracking of costs and accomplishments
related to the project;
(5) provides for monitoring, evaluating, and reporting of the
accomplishment of project objectives; and
(6) complies with all applicable Federal environmental laws and
regulations.
(d) Limitations on Federal payment
The amount of appropriated Federal funds provided from the Fund by
the Secretary to any designated State Agency with respect to any fiscal
year to carry out an eligible wildlife conservation and appreciation
project under this section--
(1) may not exceed $250,000;
(2) may not exceed one third of the total project cost for that
fiscal year;
(3) may not exceed 40 percent of the total project cost for that
fiscal year if designated State agencies from two or more States
cooperate in implementing such a project; and
(4) may not be used to defray the administrative cost of State
programs.
(e) Non-Federal share of projects
(1) State share
Of the total cost each fiscal year of each project carried out
with amounts provided by the Secretary under subsection (a) of this
section, at least \1/3\ shall be paid with amounts from State, non-
Federal sources, except that if designated State agencies from 2 or
more States cooperate in implementing such a project at least 30
percent shall be paid with amounts from such State, non-Federal
sources. Payments required by this paragraph may not be in the form
of an in-kind contribution.
(2) Private share
Of the total cost each fiscal year of each project carried out
with amounts provided by the Secretary under subsection (a) of this
section, at least \1/3\ shall be paid with amounts from voluntary
contributions by private entities or persons, except that if
designated State agencies from 2 or more States cooperate in
implementing such a project, at least 30 percent shall be paid from
such sources. Subject to the approval of the Secretary, such
contributions for a project may be in the form of, but are not
required to be limited to, private cash donations, and the
contribution of materials, equipment, or services necessary for the
project.
(f) Eligibility of designated State agencies
No designated State agency shall be eligible to receive matching
funds from the Wildlife Conservation and Appreciation Fund if revenue
derived from activities regulated by such an agency is diverted for any
purpose other than the management and conservation of fish and wildlife.
Such revenue shall include, but not be limited to, all income from the
sale of hunting, fishing and trapping licenses; all income from nongame
checkoff systems; all income from the sale of waterfowl, habitat
conservation, and other stamps that are requisite for engaging in
certain activities regulated by the designated State agency; all income
from the sale of any commodities and products by the designated State
agency from lands and waters administered by the State for fish and
wildlife purposes; and all funds apportioned to the designated State
agency under the Federal Aid in Wildlife and Sport Fish Restoration
Programs.
(g) Establishment of Fund
(1) The Secretary shall establish the Fund, which shall consist of
amounts deposited into the Fund by the Secretary under paragraph (2) of
this subsection.
(2) The Secretary shall deposit into the Fund amounts appropriated
to the Secretary for deposit to the Fund, of which not more than 4
percent shall be available to the Secretary to defray the costs of
administering this chapter and evaluating wildlife conservation and
appreciation projects.
(h) Authorization of appropriations
There are authorized to be appropriated to the Fund and to the
Secretary not to exceed $6,250,000 for each of fiscal years 1999 through
2003.
(Pub. L. 102-587, title VII, Sec. 7105, Nov. 4, 1992, 106 Stat. 5097;
Pub. L. 103-375, Sec. 6(4)-(7), Oct. 19, 1994, 108 Stat. 3495, 3496;
Pub. L. 105-312, title III, Sec. 303, Oct. 30, 1998, 112 Stat. 2958.)
Amendments
1998--Subsec. (h). Pub. L. 105-312 substituted ``not to exceed
$6,250,000 for each of fiscal years 1999 through 2003.'' for ``for each
of fiscal years 1992 through 1998 not to exceed $6,250,000.''
1994--Subsec. (d)(5). Pub. L. 103-375, Sec. 6(4), struck out par.
(5) which read as follows: ``may not exceed the State share of the cost
of implementing such a project.''
Subsec. (e). Pub. L. 103-375, Sec. 6(5), amended heading and text of
subsec. (e) generally. Prior to amendment, text read as follows: ``The
share of the cost of carrying out eligible projects under this section
shall be from a non-Federal source and shall not be in the form of an
in-kind contribution.''
Subsec. (g)(2). Pub. L. 103-375, Sec. 6(6)(A), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The Secretary
shall deposit into the Fund--
``(A) amounts appropriated to the Secretary for deposit to the
Fund, of which not more than 4 percent shall be available to the
Secretary and the National Fish and Wildlife Foundation to defray
the costs of administering this chapter and evaluating wildlife
conservation and appreciation projects; and
``(B) amounts received as donations from the National Fish and
Wildlife Foundation or other private entities or persons for deposit
to the Fund.''
Subsec. (g)(3), (4). Pub. L. 103-375, Sec. 6(6)(B), struck out pars.
(3) and (4) which read as follows:
``(3) The Secretary may accept and use donations from the National
Fish and Wildlife Foundation and other private entities or persons for
purposes of assisting States under this section.
``(4) Of the total amount provided from the Fund to assist a State
in carrying out a wildlife conservation and appreciation project under
subsection (a) of this section, at least 50 percent shall have been
donated to the Fund by the National Fish and Wildlife Foundation.''
Subsec. (h). Pub. L. 103-375, Sec. 6(7), substituted ``1998'' for
``1995'' and struck out before period at end ``to match the amount of
contributions made to the Fund by the National Fish and Wildlife
Foundation''.
Section Referred to in Other Sections
This section is referred to in section 3743 of this title.
