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16 USC CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

.

-HEAD-

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

-MISC1-

Sec.

3741. Findings.

3742. Purposes.

3743. Definitions.

3744. Wildlife partnership program.

(a) In general.

(b) Eligible projects.

(c) Project standards.

(d) Limitations on Federal payment.

(e) Non-Federal share of projects.

(f) Eligibility of designated State agencies.

(g) Establishment of Fund.

(h) Authorization of appropriations.

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16 USC Sec. 3741 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

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Sec. 3741. Findings

-STATUTE-

The Congress finds the following:

(1) Three-fourths of all American children and adults

participate in wildlife-related recreational activities other

than hunting, fishing and trapping.

(2) In 1985, Americans spent over $14 billion on

non-consumptive wildlife-related recreation.

(3) The United States and Canada are inhabited by approximately

two thousand six hundred vertebrate species of native fish and

wildlife, which have provided food, clothing, and other

essentials to a rapidly expanding human population.

(4) Over 80 percent of vertebrate fish and wildlife species in

North America are not harvested for human use.

(5) The continued well-being of this once-abundant fish and

wildlife resource, and even the very existence of many species,

is in peril.

(6) In 1967, the United States Fish and Wildlife Service

reported that forty-five common migratory bird species, which are

not hunted, had exhibited significant declines in abundance, and

that thirteen of these species have experienced widespread,

systematic declines of 46.9 percent during a twenty-year study

period.

(7) There have been nationwide declines in frogs and other

amphibians.

(8) Over two hundred and seventy-five of vertebrate fish and

wildlife species in the United States are now officially

classified as threatened or endangered by the Federal Government.

(9) During the past decade, fish and wildlife species,

including invertebrates, were added to the rapidly growing list

of threatened and endangered species in North America at the

average rate of over one per month.

(10) Currently, eighty-two species of invertebrates in the

United States are listed as threatened or endangered under the

Endangered Species Act (16 U.S.C. 1531 et seq.), and another nine

hundred and fifty-one United States invertebrate species are

candidates for listing under that Act.

(11) Proper management of fish and wildlife, before species

become threatened or endangered with extinction, is the key to

reversing the increasingly desperate status of fish and wildlife.

(12) Proper fish and wildlife conservation includes not only

management of fish and wildlife species taken for recreation and

protection of endangered and threatened species, but also

management of the vast majority of species which fall into

neither category.

(13) Partnerships in fish and wildlife conservation, such as

the Federal Aid in Wildlife Restoration Program, the Federal Aid

in Sport Fish Restoration Program, and the North American

Wetlands Conservation Act (16 U.S.C. 4401 et seq.) have

benefitted greatly the conservation of fish and wildlife and

their habitats.

(14) A program that encourages partnerships among Federal and

State governments and private entities to carry out wildlife

conservation and appreciation projects would benefit all species

of fish and wildlife through such activities as management,

research, and interagency coordination.

(15) Many States, which are experiencing declining revenues,

are finding it increasingly difficult to carry out projects to

conserve the entire array of diverse fish and wildlife species

and to provide opportunities for the public to associate with,

enjoy, and appreciate fish and wildlife through nonconsumptive

activities.

-SOURCE-

(Pub. L. 102-587, title VII, Sec. 7102, Nov. 4, 1992, 106 Stat.

5094.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act referred to in par. (10), probably

means the Endangered Species Act of 1973, 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.

The North American Wetlands Conservation Act, referred to in par.

(13), is Pub. L. 101-233, Dec. 13, 1989, 103 Stat. 1968, as

amended, which is classified principally to chapter 64 (Sec. 4401

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

the Code, see Short Title note set out under section 4401 of this

title and Tables.

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SHORT TITLE

Section 7101 of title VII of Pub. L. 102-587 provided that:

''This Title (enacting this chapter) may be cited as the

'Partnerships for Wildlife Act'.''

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16 USC Sec. 3742 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

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Sec. 3742. Purposes

-STATUTE-

The purposes of this chapter are to establish a partnership among

the United States Fish and Wildlife Service, designated State

agencies, and private organizations and individuals -

(1) to carry out wildlife conservation and appreciation

projects to conserve the entire array of diverse fish and

wildlife species in the United States and to provide

opportunities for the public to use and enjoy these fish and

wildlife species through nonconsumptive activities;

(2) to enable designated State agencies to respond more fully

and utilize their statutory and administrative authorities by

carrying out wildlife conservation and appreciation projects; and

(3) to encourage private donations, under the leadership of the

States and of the National Fish and Wildlife Foundation, to carry

out wildlife conservation and appreciation projects.

-SOURCE-

(Pub. L. 102-587, title VII, Sec. 7103, Nov. 4, 1992, 106 Stat.

5095; Pub. L. 103-375, Sec. 6(1), Oct. 19, 1994, 108 Stat. 3495.)

-MISC1-

AMENDMENTS

1994 - Par. (3). Pub. L. 103-375 inserted ''the States and of''

after ''under the leadership of''.

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16 USC Sec. 3743 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

-HEAD-

Sec. 3743. Definitions

-STATUTE-

As used in this chapter -

(1) The terms ''conserve'' 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

educational, aesthetic, cultural, recreational, scientific, and

ecological 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.

(2) The term ''designated State agency'' means the government

agency, department, or division of any State that is empowered

under the laws of the State to exercise the functions ordinarily

exercised by a State fish and wildlife agency.

(3) The term ''fish and wildlife'' means wild members of the

animal kingdom that are in an unconfined state.

(4) The term ''Fund'' means the Wildlife Conservation and

Appreciation Fund established under section 3744(g) of this

title.

(5) The term ''National Fish and Wildlife Foundation'' means

the charitable and nonprofit corporation established under

section 3701 of this title.

(6) The term ''nonconsumptive activities'' means fish and

wildlife associated activities other than harvesting of fish and

wildlife and includes, but is not limited to, photographing,

observing, learning about, or associating with, fish and

wildlife.

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

acting through the Director of the United States Fish and

Wildlife Service.

(8) The term ''State'' means any of the 50 States, the District

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of

the Northern Mariana Islands, Guam, the United States Virgin

Islands, or American Samoa.

(9) The term ''wildlife conservation and appreciation project''

means a project which is directed toward nonconsumptive

activities or toward the conservation of those species of fish

and wildlife that -

(A) are not ordinarily taken for recreation, fur, or food;

except that if under applicable State law, any fish and

wildlife may be taken for recreation, fur, or food in some but

not all, areas of the State, a wildlife conservation and

appreciation project may be directed toward the conservation of

any of such fish and wildlife within any area of the State in

which such taking is not permitted;

(B) are not listed as endangered species or threatened

species under the Endangered Species Act of 1973, as amended

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

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

1362(6) of this title.

-SOURCE-

(Pub. L. 102-587, title VII, Sec. 7104, Nov. 4, 1992, 106 Stat.

5096; Pub. L. 103-375, Sec. 6(2), (3), Oct. 19, 1994, 108 Stat.

3495.)

-REFTEXT-

REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in par. (9)(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.

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AMENDMENTS

1994 - Par. (2). Pub. L. 103-375, Sec. 6(2)(A), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

term 'designated State agency' means the State fish and wildlife

agency, which shall be construed to mean any department, or any

division of any department of another name, of a State that is

empowered under its laws to exercise the functions ordinarily

exercised by a State fish and wildlife agency.''

Par. (4). Pub. L. 103-375, Sec. 6(2)(B), made technical amendment

to reference to section 3744(g) of this title to correct reference

to corresponding provision of original act.

Par. (8). Pub. L. 103-375, Sec. 6(3)(B), added par. (8). Former

par. (8) redesignated (9).

Pub. L. 103-375, Sec. 6(2)(C), (D), substituted semicolon for

period at end of subpar. (A) and ''section 1362(6)'' for ''section

1362(5)'' in subpar. (C).

Par. (9). Pub. L. 103-375, Sec. 6(3)(A), redesignated par. (8) as

(9).

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16 USC Sec. 3744 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 57A - PARTNERSHIPS FOR WILDLIFE

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Sec. 3744. Wildlife partnership program

-STATUTE-

(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.

-SOURCE-

(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.)

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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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3743 of this title.

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