§ 777m. — Multistate conservation grant 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: 16USC777m]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777m. Multistate conservation grant program
(a) In general
(1) Amount for grants
Of the balance of each annual appropriation made under section
777b of this title remaining after the distribution and use under
subsections (a), (b), and (c) of section 777c of this title in a
fiscal year, not more than $3,000,000 shall be available to the
Secretary of the Interior for making multistate conservation project
grants in accordance with this section.
(2) Period of availability; apportionment
(A) Period of availability
Amounts made available under paragraph (1) shall remain
available for making grants only for the first fiscal year for
which the amount is made available and the following fiscal
year.
(B) Apportionment
At the end of the period of availability under subparagraph
(A), the Secretary of the Interior shall apportion any amounts
that remain available among the States in the manner specified
in section 777c(e) of this title for use by the States in the
same manner as funds apportioned under section 777c(e) of this
title.
(b) Selection of projects
(1) States or entities to be benefited
A project shall not be eligible for a grant under this section
unless the project will benefit--
(A) at least 26 States;
(B) a majority of the States in a region of the United
States Fish and Wildlife Service; or
(C) a regional association of State fish and game
departments.
(2) Use of submitted priority list of projects
The Secretary of the Interior may make grants under this section
only for projects identified on a priority list of sport fish
restoration projects described in paragraph (3).
(3) Priority list of projects
A priority list referred to in paragraph (2) is a priority list
of sport fish restoration projects that the International
Association of Fish and Wildlife Agencies--
(A) prepares through a committee comprised of the heads of
State fish and game departments (or their designees), in
consultation with--
(i) nongovernmental organizations that represent
conservation organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the sport fish restoration
programs under this chapter;
(B) approves by vote of a majority of the heads of State
fish and game departments (or their designees); and
(C) not later than October 1 of each fiscal year, submits to
the Assistant Director for Wildlife and Sport Fish Restoration
Programs.
(4) Publication
The Assistant Director for Wildlife and Sport Fish Restoration
Programs shall publish in the Federal Register each priority list
submitted under paragraph (3)(C).
(c) Eligible grantees
(1) In general
The Secretary of the Interior may make a grant under this
section only to--
(A) a State or group of States;
(B) the United States Fish and Wildlife Service, or a State
or group of States, for the purpose of carrying out the National
Survey of Fishing, Hunting, and Wildlife-Associated Recreation;
and
(C) subject to paragraph (2), a nongovernmental
organization.
(2) Nongovernmental organizations
(A) In general
Any nongovernmental organization that applies for a grant
under this section shall submit with the application to the
International Association of Fish and Wildlife Agencies a
certification that the organization--
(i) will not use the grant funds to fund, in whole or in
part, any activity of the organization that promotes or
encourages opposition to the regulated taking of fish; and
(ii) will use the grant funds in compliance with
subsection (d) of this section.
(B) Penalties for certain activities
Any nongovernmental organization that is found to use grant
funds in violation of subparagraph (A) shall return all funds
received under this section and be subject to any other
applicable penalties under law.
(d) Use of grants
A grant under this section shall not be used, in whole or in part,
for an activity, project, or program that promotes or encourages
opposition to the regulated taking of fish.
(e) Funding for other activities
Of the balance of each annual appropriation made under section 777b
of this title remaining after the distribution and use under subsections
(a), (b), and (c) of section 777c of this title for each fiscal year and
after deducting amounts used for grants under subsection (a) of this
section--
(1) $200,000 shall be made available for each of--
(A) the Atlantic States Marine Fisheries Commission;
(B) the Gulf States Marine Fisheries Commission;
(C) the Pacific States Marine Fisheries Commission; and
(D) the Great Lakes Fisheries Commission; and
(2) $400,000 shall be made available for the Sport Fishing and
Boating Partnership Council established by the United States Fish
and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to any activity carried out under this section.
(Aug. 9, 1950, ch. 658, Sec. 14, as added Pub. L. 106-408, title I,
Sec. 122(a), Nov. 1, 2000, 114 Stat. 1772.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 777c, 777h of this title.
