16 U.S.C. § 2906 — Terms and conditions of reimbursement

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;