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16 U.S.C. § 8212 — Funding

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8212 — Funding

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Source location: Title 16, Chapter 101, § 8212; chapter-101-national-fish-habitat-conservation-through-partnerships.md

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**(a) Authorization of appropriations** (1) **Fish habitat Partnerships and conservation projects** — There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under [section 8204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8204&num=0&edition=prelim) and fish habitat conservation projects approved under [section 8205(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8205/f&num=0&edition=prelim), of which 5 percent is authorized only for projects carried out by Indian Tribes. (2) **Administrative and planning expenses** — There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)— (A) for administrative and planning expenses under this chapter; and (B) to carry out [section 8209 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8209&num=0&edition=prelim). (3) **Technical and scientific assistance** — There is authorized to be appropriated for each of fiscal years 2021 through 2030 to carry out, and provide technical and scientific assistance under, [section 8206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8206&num=0&edition=prelim)— (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration; (C) $400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency; (D) $400,000 to the Secretary for use by the United States Geological Survey; and (E) $400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service. **(b) Agreements and grants** The Secretary may— (1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 and the Federal Financial Assistance Management Improvement Act of 1999 ([31 U.S.C. 6101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim) note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this chapter for a fish habitat conservation project or restoration or enhancement project; (2) apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this chapter; and (3) subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this chapter. **(c) Donations** (1) **In general** — The Secretary may— (A) enter into an agreement with any organization described in [section 501(c)(3) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c/3&num=0&edition=prelim) that is exempt from taxation under [section 501(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/a&num=0&edition=prelim) to solicit private donations to carry out the purposes of this chapter; and (B) accept donations of funds, property, and services to carry out the purposes of this chapter. (2) **Treatment** — A donation accepted under this chapter— (A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and (B) may be— (i) used directly by the Secretary; or (ii) provided to another Federal department or agency through an interagency agreement.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8201 — Purpose

The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conservation— (1) to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by— (A) improving ecological conditions; (B) restoring natural processes; or (C) preventing the decline of intact and healthy systems; (2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships; (3) to broaden the community of support for fish habitat conservation by— (A) increasing fishing opportunities; (B) fostering the participation of local communities, especially young people in local communities, in conservation activities; and (C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities; (4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment— (A) to empower strategic conservation actions supported by broadly available scientific information; and (B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and (5) to communicate to the public and conservation partners— (A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and (B) new opportunities and voluntary approaches for conserving fish habitat.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8201

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8209 — Accountability and reporting

**(a) In general** Not later than 5 years after October 30, 2020, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of this chapter. **(b) Contents** Each report submitted under subsection (a) shall include— (1) an estimate of the number of acres, stream miles, or acre-feet, or other suitable measures of fish habitat, that was maintained or improved by Partnerships under this chapter during the 5-year period ending on the date of submission of the report; (2) a description of the public access to fish habitats established or improved under this chapter during that 5-year period; (3) a description of the improved opportunities for public recreational fishing achieved under this chapter; (4) a description of the status of fish habitats in the United States as identified by Partnerships; and (5) an assessment of the status of fish habitat conservation projects carried out with funds provided under this chapter during that period, disaggregated by year, including— (A) a description of the fish habitat conservation projects recommended by the Board under [section 8205(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8205/b&num=0&edition=prelim); (B) a description of each fish habitat conservation project approved by the Secretary under [section 8205(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8205/f&num=0&edition=prelim), in order of priority for funding; (C) a justification for— (i) the approval of each fish habitat conservation project; and (ii) the order of priority for funding of each fish habitat conservation project; (D) a justification for any rejection of a fish habit

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8209

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 6101 — Definitions

In this chapter— (1) “administering office” means the lowest unit of an agency responsible for managing a domestic assistance program. (2) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim). (3) “assistance”— (A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including— (i) financial assistance; (ii) United States Government facilities, services, and property; and (iii) expert and technical information; and (B) does not include conventional public information services or procurement of property or services for the direct benefit or use of the Government. (4) “domestic assistance program”— (A) means assistance from an agency for— (i) a State; (ii) the District of Columbia; (iii) a territory or possession of the United States; (iv) a county; (v) a city; (vi) a political subdivision or instrumentality of a governmental authority listed in subclauses (i)–(v) of this clause (A); (vii) a domestic corporation; (viii) a domestic institution; and (ix) an individual of the United States; and (B) does not include assistance from an agency for an agency. (5) “Director” means the Director of the Office of Management and Budget. (6) “Administrator” means the Administrator of General Services. (7) “formula” means any prescribed method employing objective data or statistical estimates for making individual determinations among recipients of Federal funds, either in terms of eligibility or actual funding allocations, that can be written in the form of either— (A) a closed mathematical statement; or

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 6101

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8204 — Fish Habitat Partnerships

**(a) Authority to recommend** The Board may recommend to Congress the designation of Fish Habitat Partnerships in accordance with this section. **(b) Purposes** The purposes of a Partnership shall be— (1) to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish populations and fish habitats; (2) to engage local and regional communities to build support for fish habitat conservation; (3) to involve diverse groups of public and private partners; (4) to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound; (5) to leverage funding from sources that support local and regional partnerships; (6) to use adaptive management principles, including evaluation of project success and functionality; (7) to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures; and (8) to implement local and regional priority projects that improve conditions for fish and fish habitat. **(c) Criteria for designation** An entity seeking to be designated by Congress as a Partnership shall— (1) submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and (2) demonstrate to the Board that the entity has— (A) a focus on promoting the health of important fish and fish habitats; (B) an ability to coordinate the implementation of priority projects that support the goals and national priorities set by the Board that are within the Partnership boundary; (C) a self-governance structure that supports the implementation of strategic priorities for fish habitat; (D) the ability to develop local and regional r

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8204

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8206 — Technical and scientific assistance

**(a) In general** The Director, the National Oceanic and Atmospheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service, the Bureau of Land Management, and other appropriate Federal departments and agencies, may provide scientific and technical assistance to Partnerships, participants in fish habitat conservation projects, and the Board. **(b) Inclusions** Scientific and technical assistance provided under subsection (a) may include— (1) providing technical and scientific assistance to States, Indian Tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships; (2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization; (3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board; (4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships; (5) supporting and providing recommendations for a national fish habitat assessment; (6) ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects; and (7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8206

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8210 — Effect of this chapter

**(a) Water rights** Nothing in this chapter— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on October 30, 2020; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity. **(b) Authority to acquire water rights or rights to property** Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through [section 8212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8212&num=0&edition=prelim). **(c) State authority** Nothing in this chapter— (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. **(d) Effect on Indian Tribes** Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including— (1) an agreement between the Indian Tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. **(e) Adjudication of water rights** Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of [section 666 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). *

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8210

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8212 — Untitled legal text

Page 2731 TITLE 16—CONSERVATION § 8203 (E) 1 shall be a representative of the Asso- ciation of Fish and Wildlife Agencies; (F) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, South- east, Midwest, and Western regions of the United States; (G) 2 shall be representatives of Indian Tribes, of whom— (i) 1 shall be a representative of Indian Tribes in the State of Alaska; and (ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska; (H) 2 shall be representatives of— (i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or (ii) the Marine Fisheries Commissions; (I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council; (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing indus- try; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) 1 shall be a representative of a na- tional private landowner organization; (L) 1 shall be a representative of an agri- cultural production organization; (M) 1 shall be a representative of local gov- ernment interests involved in fish habitat restoration; (N) 2 shall be representatives from dif- ferent sectors of corporate industries, which may include— (i) natural resource commodity inter- ests, such as petroleum or mineral extrac- tion; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) 1 shall be an individual in a lead

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 8212

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 6101 — Definitions

Page 507 TITLE 31—MONEY AND FINANCE § 6101 1 So in original. Probably should be capitalized. ages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are of- fered to be placed, received, or otherwise made. (d) LIMITATION ON INJUNCTIONS AGAINST REGU- LATED PERSONS.—Notwithstanding any other provision of this section, and subject to section 5367, no provision of this subchapter shall be construed as authorizing the Attorney General of the United States, or the attorney general (or other appropriate State official) of any State to institute proceedings to prevent or restrain a re- stricted transaction against any financial trans- action provider, to the extent that the person is acting as a financial transaction provider. (Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13, 2006, 120 Stat. 1959.) Editorial Notes REFERENCES IN TEXT Rule 65 of the Federal Rules of Civil Procedure, re- ferred to in subsec. (b)(1)(B), (2)(B), is set out in the Ap- pendix to Title 28, Judiciary and Judicial Procedure. The Indian Gaming Regulatory Act, referred to in subsec. (b)(3), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of Title 25, Indians. Section 4 of the Act is classsified to section 2703 of Title 25. For complete clas- sification of this Act to the Code, see Short Title note set out under section 2701 of Title 25 and Tables. § 5366. Criminal penalties (a) IN GENERAL.—Any person who violates sec- tion 5363 shall be fined under title 18, imprisoned for not more than 5 years, or both. (b) PERMANENT INJUNCTION.—Upon conviction of a person under this section, the court may enter a permane

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