16 U.S.C. § 2905 — Reimbursement of State costs for devel-

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. Page 2227 TITLE 16—CONSERVATION § 2907 (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 devel- opment 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 imple- menting the action during such fiscal year, ex- cept 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 ex- ceed 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 ex- ceed— (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 re- vising conservation plans, in implementing ap- proved 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 ap- plied during such year by the State for such purposes; and (ii) not include any other Federal moneys re- ceived by such State and applied by it, di- rectly 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 volun- teers in carrying out surveys, censuses, and other scientific studies regarding fish and wild- life. The Secretary shall by regulation establish (i) the training, experience, and other qualifica- tions which such volunteers must have in order for their services to be considered as inkind con- tributions; 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, § 6, Sept. 29, 1980, 94 Stat. 1325.) Editorial Notes REFERENCES IN TEXT The Pittman-Robertson Wildlife Restoration Act, re- ferred to in subsecs. (a)(5) and (c)(5), 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 chapter 5B (§ 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, re- ferred to in subsecs. (a)(5) and (c)(5), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, 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 (§ 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. § 2906. Terms and conditions of reimbursement 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 ap- propriate 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 Sec- retary shall require as being necessary or ap- propriate 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 rep- resentatives, shall have access, for purposes of audit and examination, to such records. (2) Upon a finding by the Secretary, after no- tice and opportunity for an agency hearing on the record, that any State has received reim- bursement 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 re- ceive reimbursement under such section until restitution satisfactory to the Secretary is made, such violation ceases, or adverse effects resulting from such violation are remedied. (Pub. L. 96–366, § 7, Sept. 29, 1980, 94 Stat. 1327.) § 2907. Allocation of funds for administration and reimbursement of States (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 alloca- tion among the States as provided in this sec- tion. (b) Allocation formula Of the total amount appropriated for any fis- cal 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 nec- essary for administering during such fiscal year the provisions of this chapter relating to the purposes for which so appropriated;