
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
