-CITE-

16 USC CHAPTER 49 - FISH AND WILDLIFE CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

.

-HEAD-

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-MISC1-

Sec.

2901. Congressional findings and declaration of purpose.

(a) Findings.

(b) Purpose.

2902. Definitions.

2903. Conservation plans.

2904. Approval of conservation plans and certain nongame fish and

wildlife conservation actions.

(a) Approval by Secretary of plans.

(b) Effect of approval of plans.

(c) Conservation actions.

(d) Nongame conservation actions in the absence of an

approved plan.

2905. Reimbursement of State cost for developing, revising, and

implementing conservation plans and implementing certain nongame

fish and wildlife conservation actions.

(a) In general.

(b) Applications.

(c) Eligibility.

(d) Reimbursement.

(e) Limitations.

2906. Terms and conditions of reimbursement.

2907. Allocation of funds for administration and reimbursement of

States.

(a) In general.

(b) Allocation formula.

(c) Treatment of amounts allocated but not used for

any fiscal year.

2908. Other Federal assistance and actions.

2909. Disclaimers.

2910. Authorization of appropriations.

2911. Study on most equitable and effective mechanism for funding

State conservation plans; report to Congressional committees.

2912. Federal conservation of migratory nongame birds.

(a) Conservation activities.

(b) Reports.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 4402 of this title.

-CITE-

16 USC Sec. 2901 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2901. Congressional findings and declaration of purpose

-STATUTE-

(a) Findings

The Congress finds and declares the following:

(1) Fish and wildlife are of ecological, educational, esthetic,

cultural, recreational, economic, and scientific value to the

Nation.

(2) The improved conservation and management of fish and

wildlife, particularly nongame fish and wildlife, will assist in

restoring and maintaining fish and wildlife and in assuring a

productive and more esthetically pleasing environment for all

citizens.

(3) Many citizens, particularly those residing in urban areas,

have insufficient opportunity to participate in recreational and

other programs designed to foster human interaction with fish and

wildlife and thereby are unable to have a greater appreciation

and awareness of the environment.

(4) Historically, fish and wildlife conservation programs have

been focused on the more recreationally and commercially

important species within any particular ecosystem. As a

consequence such programs have been largely financed by hunting

and fishing license revenues or excise taxes on certain hunting

and fishing equipment. These traditional financing mechanisms

are neither adequate nor fully appropriate to meet the

conservation needs of nongame fish and wildlife.

(5) Each State should be encouraged to develop, revise, and

implement, in consultation with appropriate Federal, State, and

local and regional agencies, a plan for the conservation of fish

and wildlife, particularly those species which are indigenous to

the State.

(b) Purpose

It is the purpose of this chapter -

(1) to provide financial and technical assistance to the States

for the development, revision, and implementation of conservation

plans and programs for nongame fish and wildlife; and

(2) to encourage all Federal departments and agencies to

utilize their statutory and administrative authority, to the

maximum extent practicable and consistent with each agency's

statutory responsibilities, to conserve and to promote

conservation of nongame fish and wildlife and their habitats, in

furtherance of the provisions of this chapter.

-SOURCE-

(Pub. L. 96-366, Sec. 2, Sept. 29, 1980, 94 Stat. 1322.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-366 provided: ''That this Act (enacting

this chapter) may be cited as the 'Fish and Wildlife Conservation

Act of 1980'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2905 of this title.

-CITE-

16 USC Sec. 2902 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2902. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''approved conservation plan'' means the

conservation plan of a State approved by the Secretary pursuant

to section 2904(a) of this title.

(2) The term ''conservation plan'' means a plan developed by a

State for the conservation of fish and wildlife which meets the

requirements set forth in section 2903 of this title.

(3) The terms ''conserve'', ''conserving'', and

''conservation'' mean to use, and the use of, such methods and

procedures which are necessary to ensure, to the maximum extent

practicable, the well being and enhancement of fish and wildlife

and their habitats for the ecological, educational, esthetic,

cultural, recreational, and scientific enrichment of the public.

Such methods and procedures may include, but are not limited to,

any activity associated with scientific resources management,

such as research, census, law enforcement, habitat acquisition,

maintenance, development, information education, population

manipulation, propagation, technical assistance to private

landowners, live trapping, and transplantation.

(4) The term ''designated State agency'' means the commission,

department, division, or other agency of a State which has

primary legal authority for the conservation of fish and

wildlife. If any State has placed such authority in more than

one agency, such term means each such agency acting with respect

to its assigned responsibilities but such agencies, for purposes

of this chapter, shall submit a single conservation plan.

(5) The term ''fish and wildlife'' means wild vertebrate

animals that are in an unconfined state, including, but not

limited to, nongame fish and wildlife.

(6) The term ''nongame fish and wildlife'' means wild

vertebrate animals that are in an unconfined state and that -

(A) are not ordinarily taken for sport, fur, or food, except

that if under applicable State law, any of such animals may be

taken for sport, fur, or food in some, but not all, areas of

the State, any of such animals within any area of the State in

which such taking is not permitted may be deemed to be nongame

fish and wildlife;

(B) are not listed as endangered species or threatened

species under the Endangered Species Act of 1973 (16 U.S.C.

1531-1543); and

(C) are not marine mammals within the meaning of section

1362(5) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

Such term does not include any domesticated species that has

reverted to a feral existence.

(7) The term ''Secretary'' means the Secretary of the Interior.

(8) The term ''State'' means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, American

Samoa, the Virgin Islands, Guam, the Trust Territory of the

Pacific Islands, and the Commonwealth of the Northern Mariana

Islands.

-SOURCE-

(Pub. L. 96-366, Sec. 3, Sept. 29, 1980, 94 Stat. 1323.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in par. (6)(B),

is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which

is classified generally to chapter 35 (Sec. 1531 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1531 of this title and

Tables.

Section 1362(5) of this title, referred to in par. (6)(C), was

redesignated section 1362(6), by Pub. L. 102-582, title IV, Sec.

401(a), Nov. 2, 1992, 106 Stat. 4909.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

16 USC Sec. 2903 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2903. Conservation plans

-STATUTE-

The conservation plan for any State must -

(1) provide for the vesting in the designated State agency of

the overall responsibility for the development and revision of

the conservation plan;

(2) provide for an inventory of the nongame fish and wildlife,

and such other fish and wildlife as the designated State agency

deems appropriate, that are within the State and are valued for

ecological, educational, esthetic, cultural, recreational,

economic, or scientific benefits by the public;

(3) with respect to those species identified under paragraph

(2) (hereinafter in this section referred to as ''plan

species''), provide for -

(A) the determination of the size, range, and distribution of

their populations, and

(B) the identification of the extent, condition, and location

of their significant habitats;

(4) identify the significant problems which may adversely

affect the plan species and their significant habitats;

(5) determine those actions which should be taken to conserve

the plan species and their significant habitats;

(6) establish priorities for implementing the conservation

actions determined under paragraph (5);

(7) provide for the monitoring, on a regular basis, of the plan

species and the effectiveness of the conservation actions

determined under paragraph (5);

(8) provide for plan review and revision, if appropriate, at

intervals of not more than 3 years;

(9) ensure that the public be given opportunity to make its

views known and considered during the development, revision, and

implementation of the plan; and

(10) provide that the designated State agency consult, as

appropriate, with Federal agencies, and other State agencies

during the development, revision, and implementation of the plan,

in order to minimize duplication of efforts and to ensure that

the best information is available to all such agencies.

-SOURCE-

(Pub. L. 96-366, Sec. 4, Sept. 29, 1980, 94 Stat. 1323.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2904, 2905 of this

title.

-CITE-

16 USC Sec. 2904 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2904. Approval of conservation plans and certain nongame fish

and wildlife conservation actions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-366, Sec. 5, Sept. 29, 1980, 94 Stat. 1324.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2905 of this title.

-CITE-

16 USC Sec. 2905 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2905. Reimbursement of State costs for developing, revising,

and implementing conservation plans and implementing certain

nongame fish and wildlife conservation actions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-366, Sec. 6, Sept. 29, 1980, 94 Stat. 1325.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2904, 2906, 2907, 2910 of

this title.

-CITE-

16 USC Sec. 2906 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2906. Terms and conditions of reimbursement

-STATUTE-

Reimbursements made to the States under section 2905 of this

title shall be subject to such terms and conditions as the

Secretary shall by regulation prescribe as being necessary or

appropriate to protect the interests of the United States. Such

terms and conditions shall include, but not be limited to, the

following:

(1) Each State and each designated State agency shall keep such

records as the Secretary shall require as being necessary or

appropriate for fully disclosing the amount and purposes of costs

incurred by the State for which reimbursement under section 2905

of this title is, or may be, sought. The Secretary and the

Comptroller General of the United States, or any of their duly

authorized representatives, shall have access, for purposes of

audit and examination, to such records.

(2) Upon a finding by the Secretary, after notice and

opportunity for an agency hearing on the record, that any State

has received reimbursement under section 2905 of this title for

which it is not eligible, or has violated any term or condition

imposed under this section, the State shall thereafter be

ineligible to receive reimbursement under such section until

restitution satisfactory to the Secretary is made, such violation

ceases, or adverse effects resulting from such violation are

remedied.

-SOURCE-

(Pub. L. 96-366, Sec. 7, Sept. 29, 1980, 94 Stat. 1327.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2905 of this title.

-CITE-

16 USC Sec. 2907 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2907. Allocation of funds for administration and reimbursement

of States

-STATUTE-

(a) In general

The total amount appropriated pursuant to section 2910 of this

title for any fiscal year shall be available for administration and

for allocation among the States as provided in this section.

(b) Allocation formula

Of the total amount appropriated for any fiscal year pursuant to

section 2910 of this title -

(1) the Secretary shall deduct so much, but not to exceed 8

percent thereof, as may be necessary for administering during

such fiscal year the provisions of this chapter relating to the

purposes for which so appropriated;

(2) less the deduction under paragraph (1), the Secretary shall

allocate -

(A) for the District of Columbia and the Commonwealth of

Puerto Rico each a sum equal to not more than one-half of 1

percent of such amount; and

(B) for Guam, American Samoa, the Virgin Islands, the Trust

Territory of the Pacific Islands, and the Commonwealth of the

Northern Mariana Islands each a sum equal to not more than

one-sixth of 1 percent of such amount; and

(3) less the deduction under paragraph (1) and the sums

allocated under paragraph (2), the Secretary shall allocate for

each of the States (other than those provided for in paragraph

(2)) a sum -

(A) one-third of which is based on the ratio to which the

area of such State bears to the total area of all such States,

and

(B) two-thirds of which is based on the ratio to which the

population of such State bears to the total population of all

such States.

except all sums allocated under this paragraph shall be adjusted

equitably so that no State shall be allocated a sum which is less

than one-half of 1 percent of the amount available for allocation

under this paragraph for any fiscal year or more than 5 percent of

such amount.

(c) Treatment of amounts allocated but not used for any fiscal year

(1) That portion of any amount deducted by the Secretary under

subsection (b)(1) of this section for administrative purposes for

any fiscal year and not expended during such fiscal year shall

remain available for administrative purposes until the close of the

next succeeding fiscal year and if not obligated or expended by the

close of such succeeding fiscal year shall be available for

disbursement by the Secretary without regard to subsection (b) of

this section, to the States to carry out the purposes of this

chapter.

(2) That portion of any amount allocated to any State under

subsection (b)(2) or (3) of this section for any fiscal year and

not disbursed to the State for such fiscal years under section 2905

of this title shall remain available for disbursement to the State

under such section for the next succeeding fiscal year and if not

disbursed for such succeeding fiscal year shall be available for

disbursement by the Secretary, without regard to subsection (b) of

this section, to the States to carry out the purposes of this

chapter.

-SOURCE-

(Pub. L. 96-366, Sec. 8, Sept. 29, 1980, 94 Stat. 1328.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2905, 2910 of this title.

-CITE-

16 USC Sec. 2908 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2908. Other Federal assistance and actions

-STATUTE-

The Secretary and the chief executive officer of any other

appropriate Federal department or agency may loan to any State such

personnel and equipment of the department or agency, share such

scientific or other appropriate information, and provide such other

assistance as the Secretary or officer determines appropriate for

purposes of assisting any State to develop or revise conservation

plans.

-SOURCE-

(Pub. L. 96-366, Sec. 9, Sept. 29, 1980, 94 Stat. 1329.)

-CITE-

16 USC Sec. 2909 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2909. Disclaimers

-STATUTE-

Nothing in this chapter shall be construed as affecting -

(1) the authority, jurisdiction, or responsibility of the

States to manage, control, or regulate fish and resident wildlife

under State law;

(2) any requirement under State law that lands, waters, and

interests therein may only be acquired for conservation purposes

if the owner thereof is a willing seller; and

(3) the authority of the Secretary of Agriculture under the Act

of March 2, 1931 (46 Stat. 1468-1469, 7 U.S.C. 426-426b).

-SOURCE-

(Pub. L. 96-366, Sec. 10, Sept. 29, 1980, 94 Stat. 1329.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 2, 1931, referred to in par. (3), is act Mar. 2,

1931, ch. 370, 46 Stat. 1468, which is classified to sections 426

to 426b of Title 7, Agriculture. For complete classification of

this Act to the Code, see Tables.

-CITE-

16 USC Sec. 2910 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2910. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for purposes of making

reimbursements under section 2905 of this title to States for the

development and implementation of conservation plans and for

administration of this chapter under section 2907 of this title not

to exceed $5,000,000 for each of fiscal years 1992, 1993, 1994,

1995, 1996, and 1997.

-SOURCE-

(Pub. L. 96-366, Sec. 11, Sept. 29, 1980, 94 Stat. 1329; Pub. L.

99-375, Aug. 7, 1986, 100 Stat. 803; Pub. L. 100-653, title VIII,

Sec. 801, Nov. 14, 1988, 102 Stat. 3833; Pub. L. 101-593, title I,

Sec. 106, Nov. 16, 1990, 104 Stat. 2955; Pub. L. 102-440, title

III, Sec. 301, Oct. 23, 1992, 106 Stat. 2234.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-440 substituted ''fiscal years 1992, 1993,

1994, 1995, 1996, and 1997'' for ''fiscal years 1982, 1983, 1984,

1985, 1986, 1987, 1988, 1989, 1990, 1991, and 1992''.

1990 - Pub. L. 101-593 substituted ''1990, 1991, and 1992'' for

''and 1990''.

1988 - Pub. L. 100-653 substituted ''1988, 1989, and 1990'' for

''and 1988''.

1986 - Pub. L. 99-375 substituted ''1985, 1986, 1987, and 1988''

for ''and 1985''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2905, 2907 of this title.

-CITE-

16 USC Sec. 2911 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2911. Study on most equitable and effective mechanism for

funding State conservation plans; report to Congressional

committees

-STATUTE-

The Director of the United States Fish and Wildlife Service, in

consultation with affected parties, shall conduct a comprehensive

study to determine the most equitable and effective mechanism for

funding State conservation plans and actions under this chapter,

including, but not limited to, funding by means of an excise tax on

appropriate items. On or before December 31, 1984, the Director

shall report to the Committee on Environment and Public Works of

the Senate and to the Committee on Merchant Marine and Fisheries of

the House of Representative the results of such study, together

with his recommendations with respect thereto.

-SOURCE-

(Pub. L. 96-366, Sec. 12, Sept. 29, 1980, 94 Stat. 1330; Pub. L.

97-396, Sec. 6, Dec. 31, 1982, 96 Stat. 2006.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-396 struck out '', out of funds available for

the administration of this chapter'' after ''shall conduct'', and

substituted ''December 31, 1984'' for ''the expiration of the

30-month period following the date of enactment of this Act (Sept.

29, 1980)'' after ''On or before''.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 2912 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-HEAD-

Sec. 2912. Federal conservation of migratory nongame birds

-STATUTE-

(a) Conservation activities

The Secretary shall undertake the following research and

conservation activities, in coordination with other Federal, State,

international and private organizations, to assist in fulfilling

his responsibilities to conserve migratory nongame birds under

existing authorities provided by the Migratory Bird Treaty Act and

Migratory Bird Conservation Act (16 U.S.C. 701-715) and section

8A(e) of the Endangered Species Act (16 U.S.C. 1537a(e))

implementing the Convention on Nature Protection and Wildlife

Preservation in the Western Hemisphere:

(1) monitor and assess population trends and status of species,

subspecies, and populations of all migratory nongame birds;

(2) identify the effects of environmental changes and human

activities on species, subspecies, and populations of all

migratory nongame birds;

(3) identify species, subspecies, and populations of all

migratory nongame birds that, without additional conservation

actions, are likely to become candidates for listing under the

Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543);

(4) identify conservation actions to assure that species,

subspecies, and populations of migratory nongame birds identified

under paragraph (3) do not reach the point at which the measures

provided pursuant to the Endangered Species Act of 1973, as

amended (16 U.S.C. 1531-1543) become necessary; and

(5) identify lands and waters in the United States and other

nations in the Western Hemisphere whose protection, management,

or acquisition will foster the conservation of species,

subspecies, and populations of migratory nongame birds, including

those identified in paragraph (3).

(b) Reports

Within one year after November 14, 1988, and at five-year

intervals thereafter, the Secretary shall prepare a report that

presents the results of the activities taken pursuant to subsection

(a) of this section and that describes any efforts to carry out

those conservation actions identified pursuant to paragraph (4) of

subsection (a) of this section. Such reports shall be submitted to

the Committee on Environment and Public Works of the United States

Senate and to the Committee on Merchant Marine and Fisheries of the

United States House of Representatives.

-SOURCE-

(Pub. L. 96-366, Sec. 13, as added Pub. L. 100-653, title VIII,

Sec. 802, Nov. 14, 1988, 102 Stat. 3833; amended Pub. L. 101-233,

Sec. 16(b), Dec. 13, 1989, 103 Stat. 1977.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Treaty Act, referred to in subsec. (a), is act

July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is

classified generally to subchapter II (Sec. 703 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 710 of this title and Tables.

The Migratory Bird Conservation Act, referred to in subsec. (a),

is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is

classified generally to subchapter III (Sec. 715 et seq.) of

chapter 7 of this title. For complete classification of this Act

to the Code, see section 715 of this title and Tables.

The Endangered Species Act of 1973, referred to in subsec.

(a)(3), (4), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as

amended, which is classified generally to chapter 35 (Sec. 1531 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1531 of this

title and Tables.

-COD-

CODIFICATION

November 14, 1988, referred to in subsec. (b), was in the

original ''the date of enactment of this Act'' which was translated

as meaning the date of enactment of Pub. L. 100-653, which enacted

this section, to reflect the probable intent of Congress.

-MISC3-

AMENDMENTS

1989 - Subsec. (a)(5). Pub. L. 101-233 added par. (5).

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4413 of this title.

-CITE-