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16 USC CHAPTER 49 - FISH AND WILDLIFE CONSERVATION

-CITE-
16 USC CHAPTER 49 - FISH AND WILDLIFE CONSERVATION 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2901 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2902 01/19/04

-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) (!1) of this title.


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.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 2903 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2904 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2905 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2906 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2907 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2908 01/19/04

-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.)

-End-



-CITE-
16 USC Sec. 2909 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2910 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2911 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 2912 01/19/04

-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.


-MISC1-
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.

-End-