16 U.S.C. § 2904 — Approval of conservation plans and cer-

Page 2225 TITLE 16—CONSERVATION § 2904 (1) provide for the vesting in the designated State agency of the overall responsibility for the development and revision of the conserva- tion plan; (2) provide for an inventory of the nongame fish and wildlife, and such other fish and wild- life as the designated State agency deems ap- propriate, 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 sec- tion 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, condi- tion, and location of their significant habi- tats; (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 para- graph (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 oppor- tunity to make its views known and consid- ered during the development, revision, and im- plementation of the plan; and (10) provide that the designated State agen- cy consult, as appropriate, with Federal agen- cies, and other State agencies during the de- velopment, 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. (Pub. L. 96–366, § 4, Sept. 29, 1980, 94 Stat. 1323.) § 2904. Approval of conservation plans and cer- tain nongame fish and wildlife conservation actions (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 conserva- tion 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 not later than 180 days, after the date on which a State sub- mits (or resubmits in the case of prior dis- approval) an application for the approval of a conservation plan the Secretary shall— (A) approve the conservation plan, and des- ignate it as an approved conservation plan, if he determines that the plan— (i) meets the requirements set forth in sec- tion 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 require- ments set forth in section 2903 of this title, or (ii) to implement any part of the plan on the basis of the specifications, determina- tions, 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 de- ficiencies in the plan and the modifications re- quired for approval. (b) Effect of approval of plans If the Secretary approves the conservation plan of any State under subsection (a)— (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 Pitt- man-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 ap- proved 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 Din- gell-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), 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 wild- life projects for which reimbursement is avail- able 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 ac- tions to be nongame fish and wildlife projects for which reimbursement is available under sec- tion 2905(a)(3) of this title if they— (1) are consistent with such of the require- ments 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. (Pub. L. 96–366, § 5, Sept. 29, 1980, 94 Stat. 1324.) Editorial Notes REFERENCES IN TEXT The Pittman-Robertson Wildlife Restoration Act, re- ferred to in subsec. (b)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chap- ter 5B (§ 669 et seq.) of this title. For complete classi- Page 2226 TITLE 16—CONSERVATION § 2905 fication 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, re- ferred to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, also known as the Federal Aid in Fish Res- toration Act and the Fish Restoration and Manage- ment Projects Act, which is classified generally to chapter 10B (§ 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. § 2905. Reimbursement of State costs for devel- oping, revising, and implementing conserva- tion plans and implementing certain nongame fish and wildlife conservation ac- tions (a) In general Any State may apply to the Secretary for re- imbursement under this section for costs in- curred 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 ac- tions specified in an approved conservation plan. (5) The coordination, consolidation, or im- plementation of the conservation plan or con- servation 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 Restora- tion Act [16 U.S.C. 777 et seq.]. (b) Applications Application for reimbursement under this sec- tion shall be made in such manner as the Sec- retary shall by regulation prescribe and shall contain such information as is necessary to en- able the Secretary to determine whether the State meets the eligibility requirements set forth in subsection (c). (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 sub- section (a)(1), 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 sub- section (a)(2), such costs have been incurred in revising the plan in a manner consistent with such requirements. (3) If reimbursement is sought under sub- section (a)(3), such costs have been incurred in implementing the conservation actions as ap- proved by the Secretary. (4) If reimbursement is sought under sub- section (a)(4), such costs have been incurred in implementing conservation actions specified in, and in a manner consistent with, the ap- proved conservation plan. (5) If reimbursement is sought under sub- section (a)(5), 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 Din- gell-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 Restora- tion 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 sec- tion 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). (e) Limitations (1) The total amount of the reimbursement paid to any State under this section with re- spect to any fiscal year may not exceed the allo- cation 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 in- curred 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 conserva- tion plan, unless the cost was incurred in im- plementing actions approved under section 2904(c) or (d) of this title; (E) in implementing an approved conserva- tion plan covering only nongame fish and wildlife, or any nongame fish and wildlife con- servation 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 trap- ping laws of the State; or (F) in implementing an approved conserva- tion 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 en- forcement 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.