Partnerships for Wildlife Program (16 U.S.C. § 3741)

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TITLE 16—CONSERVATION

penses of the Foundation, including for salaries, travel
and transportation expenses, and other overhead expenses.
‘‘(c) ADDITIONAL AUTHORIZATION.—The amounts authorized to be appropriated under this section are in
addition to any amounts provided or available to the
Foundation under any other Federal law.’’
1994—Subsec. (a). Pub. L. 103–232, § 104(a)(1), substituted ‘‘$25,000,000 for each of fiscal years 1994, 1995,
1996, 1997, and 1998’’ for ‘‘not to exceed $15,000,000 for fiscal year 1991, not to exceed $20,000,000 for fiscal year
1992, and not to exceed $25,000,000 for fiscal year 1993’’.
Subsec. (b). Pub. L. 103–232, § 104(b), substituted
‘‘paragraph (2)’’ for ‘‘paragraphs (2) and (3)’’.
Subsec. (c). Pub. L. 103–232, § 104(a)(2), added subsec.
(c).
1990—Pub. L. 101–593 amended section generally. Prior
to amendment, section read as follows: ‘‘There are authorized to be appropriated to the Department of the
Interior for each of fiscal years 1988 through 1993, inclusive, not to exceed $5,000,000 to be made available to the
Foundation—
‘‘(1) to match partially or wholly the amount or
value of contributions (whether in currency, services,
or property) made to the Foundation by private persons and State and local government agencies; and
‘‘(2) to provide administrative services under section 3704 of this title.’’
1988—Pub. L. 100–240 amended section generally. Prior
to amendment, section read as follows: ‘‘For the tenyear period beginning on October 1, 1984, there are authorized to be appropriated to the Department of the
Interior not to exceed $1,000,000 to be made available to
the Foundation—
‘‘(1) to match, on a one-for-one basis, private contributions made to the Foundation; and
‘‘(2) to provide administrative services under section 3704 of this title.’’

§ 3710. Limitation on authority
Nothing in this chapter authorizes the Foundation to perform any function the authority for
which is provided to the National Park Foundation by Public Law 90–209 (16 U.S.C. 19e et seq.).
(Pub. L. 98–244, § 11, as added Pub. L. 106–408,
title II, § 208, Nov. 1, 2000, 114 Stat. 1781.)
REFERENCES IN TEXT
Public Law 90–209, referred to in text, is Pub. L.
90–209, Dec. 18, 1967, 81 Stat. 656, as amended, popularly
known as the National Park Foundation Act, which is
classified generally to subchapter III (§ 19e et seq.) of
chapter 1 of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 19e of this title and Tables.

CHAPTER 57A—PARTNERSHIPS FOR
WILDLIFE
Sec.

3741.
3742.
3743.
3744.

Findings.
Purposes.
Definitions.
Wildlife partnership program.

§ 3741. Findings
The Congress finds the following:
(1) Three-fourths of all American children
and adults participate in wildlife-related recreational activities other than hunting, fishing and trapping.
(2) In 1985, Americans spent over $14 billion
on non-consumptive wildlife-related recreation.
(3) The United States and Canada are inhabited by approximately two thousand six hun-

§ 3741

dred vertebrate species of native fish and wildlife, which have provided food, clothing, and
other essentials to a rapidly expanding human
population.
(4) Over 80 percent of vertebrate fish and
wildlife species in North America are not harvested for human use.
(5) The continued well-being of this onceabundant fish and wildlife resource, and even
the very existence of many species, is in peril.
(6) In 1967, the United States Fish and Wildlife Service reported that forty-five common
migratory bird species, which are not hunted,
had exhibited significant declines in abundance, and that thirteen of these species have
experienced widespread, systematic declines of
46.9 percent during a twenty-year study period.
(7) There have been nationwide declines in
frogs and other amphibians.
(8) Over two hundred and seventy-five of vertebrate fish and wildlife species in the United
States are now officially classified as threatened or endangered by the Federal Government.
(9) During the past decade, fish and wildlife
species, including invertebrates, were added to
the rapidly growing list of threatened and endangered species in North America at the average rate of over one per month.
(10) Currently, eighty-two species of invertebrates in the United States are listed as
threatened or endangered under the Endangered Species Act [16 U.S.C. 1531 et seq.], and
another nine hundred and fifty-one United
States invertebrate species are candidates for
listing under that Act.
(11) Proper management of fish and wildlife,
before species become threatened or endangered with extinction, is the key to reversing
the increasingly desperate status of fish and
wildlife.
(12) Proper fish and wildlife conservation includes not only management of fish and wildlife species taken for recreation and protection of endangered and threatened species, but
also management of the vast majority of species which fall into neither category.
(13) Partnerships in fish and wildlife conservation, such as the Federal Aid in Wildlife
Restoration Program, the Federal Aid in Sport
Fish Restoration Program, and the North
American Wetlands Conservation Act [16
U.S.C. 4401 et seq.] have benefitted greatly the
conservation of fish and wildlife and their
habitats.
(14) A program that encourages partnerships
among Federal and State governments and
private entities to carry out wildlife conservation and appreciation projects would benefit
all species of fish and wildlife through such activities as management, research, and interagency coordination.
(15) Many States, which are experiencing declining revenues, are finding it increasingly
difficult to carry out projects to conserve the
entire array of diverse fish and wildlife species
and to provide opportunities for the public to
associate with, enjoy, and appreciate fish and
wildlife through nonconsumptive activities.
(Pub. L. 102–587, title VII, § 7102, Nov. 4, 1992, 106
Stat. 5094.)

§ 3742

TITLE 16—CONSERVATION
REFERENCES IN TEXT

The Endangered Species Act referred to in par. (10),
probably means the Endangered Species Act of 1973,
Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended,
which is classified generally to chapter 35 (§ 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.
The North American Wetlands Conservation Act, referred to in par. (13), is Pub. L. 101–233, Dec. 13, 1989, 103
Stat. 1968, as amended, which is classified principally
to chapter 64 (§ 4401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 4401 of this title and Tables.
SHORT TITLE
Pub. L. 102–587, title VII, § 7101, Nov. 4, 1992, 106 Stat.
5094, provided that: ‘‘This Title [enacting this chapter]
may be cited as the ‘Partnerships for Wildlife Act’.’’

§ 3742. Purposes
The purposes of this chapter are to establish a
partnership among the United States Fish and
Wildlife Service, designated State agencies, and
private organizations and individuals—
(1) to carry out wildlife conservation and appreciation projects to conserve the entire
array of diverse fish and wildlife species in the
United States and to provide opportunities for
the public to use and enjoy these fish and
wildlife species through nonconsumptive activities;
(2) to enable designated State agencies to respond more fully and utilize their statutory
and administrative authorities by carrying
out wildlife conservation and appreciation
projects; and
(3) to encourage private donations, under the
leadership of the States and of the National
Fish and Wildlife Foundation, to carry out
wildlife
conservation
and
appreciation
projects.
(Pub. L. 102–587, title VII, § 7103, Nov. 4, 1992, 106
Stat. 5095; Pub. L. 103–375, § 6(1), Oct. 19, 1994, 108
Stat. 3495.)
AMENDMENTS
1994—Par. (3). Pub. L. 103–375 inserted ‘‘the States and
of’’ after ‘‘under the leadership of’’.

§ 3743. Definitions
As used in this chapter—
(1) The terms ‘‘conserve’’ 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 educational, aesthetic, cultural, recreational, scientific, and
ecological 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.
(2) The term ‘‘designated State agency’’
means the government agency, department, or
division of any State that is empowered under

Page 2184

the laws of the State to exercise the functions
ordinarily exercised by a State fish and wildlife agency.
(3) The term ‘‘fish and wildlife’’ means wild
members of the animal kingdom that are in an
unconfined state.
(4) The term ‘‘Fund’’ means the Wildlife
Conservation and Appreciation Fund established under section 3744(g) of this title.
(5) The term ‘‘National Fish and Wildlife
Foundation’’ means the charitable and nonprofit corporation established under section
3701 of this title.
(6) The term ‘‘nonconsumptive activities’’
means fish and wildlife associated activities
other than harvesting of fish and wildlife and
includes, but is not limited to, photographing,
observing, learning about, or associating with,
fish and wildlife.
(7) The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife
Service.
(8) The term ‘‘State’’ means any of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the
United States Virgin Islands, or American
Samoa.
(9) The term ‘‘wildlife conservation and appreciation project’’ means a project which is
directed toward nonconsumptive activities or
toward the conservation of those species of
fish and wildlife that—
(A) are not ordinarily taken for recreation,
fur, or food; except that if under applicable
State law, any fish and wildlife may be
taken for recreation, fur, or food in some but
not all, areas of the State, a wildlife conservation and appreciation project may be
directed toward the conservation of any of
such fish and wildlife within any area of the
State in which such taking is not permitted;
(B) are not listed as endangered species or
threatened species under the Endangered
Species Act of 1973, as amended (16 U.S.C.
1531–1543); and
(C) are not marine mammals within the
meaning of section 1362(6) of this title.
(Pub. L. 102–587, title VII, § 7104, Nov. 4, 1992, 106
Stat. 5096; Pub. L. 103–375, § 6(2), (3), Oct. 19, 1994,
108 Stat. 3495.)
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
par. (9)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
as amended, which is classified generally to chapter 35
(§ 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.
AMENDMENTS
1994—Par. (2). Pub. L. 103–375, § 6(2)(A), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘The term ‘designated State agency’ means the
State fish and wildlife agency, which shall be construed
to mean any department, or any division of any department of another name, of a State that is empowered
under its laws to exercise the functions ordinarily exercised by a State fish and wildlife agency.’’
Par. (4). Pub. L. 103–375, § 6(2)(B), made technical
amendment to reference to section 3744(g) of this title

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TITLE 16—CONSERVATION

to correct reference to corresponding provision of original act.
Par. (8). Pub. L. 103–375, § 6(3)(B), added par. (8).
Former par. (8) redesignated (9).
Pub. L. 103–375, § 6(2)(C), (D), substituted semicolon
for period at end of subpar. (A) and ‘‘section 1362(6)’’ for
‘‘section 1362(5)’’ in subpar. (C).
Par. (9). Pub. L. 103–375, § 6(3)(A), redesignated par. (8)
as (9).

§ 3744. Wildlife partnership program
(a) In general
The Secretary shall provide the amounts
available in the Fund to designated State agencies on a matching basis to assist in carrying
out wildlife conservation and appreciation
projects that are eligible under subsection (b) of
this section.
(b) Eligible projects
The following wildlife conservation and appreciation projects shall be eligible for matching
funds from the Fund:
(1) inventory of fish and wildlife species;
(2) determination and monitoring of the size,
range and distribution of populations of fish
and wildlife species;
(3) identification of the extent, condition,
and location of the significant habitats of fish
and wildlife species;
(4) identification of the significant problems
that may adversely affect fish and wildlife species and their significant habitats;
(5) actions to conserve fish and wildlife species and their habitats; and
(6) actions of which the principal purpose is
to provide opportunities for the public to use
and enjoy fish and wildlife through nonconsumptive activities.
(c) Project standards
The Secretary shall not provide funding to
carry out an eligible wildlife conservation and
appreciation project unless the Secretary determines that such a project—
(1) is planned adequately to accomplish the
stated objective or objectives;
(2) utilizes accepted fish and wildlife management principles, sound design and appropriate procedures;
(3) will yield benefits pertinent to the identified need at a level commensurate with project
costs;
(4) provides for the tracking of costs and accomplishments related to the project;
(5) provides for monitoring, evaluating, and
reporting of the accomplishment of project objectives; and
(6) complies with all applicable Federal environmental laws and regulations.
(d) Limitations on Federal payment
The amount of appropriated Federal funds provided from the Fund by the Secretary to any
designated State Agency with respect to any fiscal year to carry out an eligible wildlife conservation and appreciation project under this
section—
(1) may not exceed $250,000;
(2) may not exceed one third of the total
project cost for that fiscal year;
(3) may not exceed 40 percent of the total
project cost for that fiscal year if designated

§ 3744

State agencies from two or more States cooperate in implementing such a project; and
(4) may not be used to defray the administrative cost of State programs.
(e) Non-Federal share of projects
(1) State share
Of the total cost each fiscal year of each
project carried out with amounts provided by
the Secretary under subsection (a) of this section, at least 1⁄3 shall be paid with amounts
from State, non-Federal sources, except that if
designated State agencies from 2 or more
States cooperate in implementing such a
project at least 30 percent shall be paid with
amounts from such State, non-Federal
sources. Payments required by this paragraph
may not be in the form of an in-kind contribution.
(2) Private share
Of the total cost each fiscal year of each
project carried out with amounts provided by
the Secretary under subsection (a) of this section, at least 1⁄3 shall be paid with amounts
from voluntary contributions by private entities or persons, except that if designated State
agencies from 2 or more States cooperate in
implementing such a project, at least 30 percent shall be paid from such sources. Subject
to the approval of the Secretary, such contributions for a project may be in the form of,
but are not required to be limited to, private
cash donations, and the contribution of materials, equipment, or services necessary for the
project.
(f) Eligibility of designated State agencies
No designated State agency shall be eligible to
receive matching funds from the Wildlife Conservation and Appreciation Fund if revenue derived from activities regulated by such an agency is diverted for any purpose other than the
management and conservation of fish and wildlife. Such revenue shall include, but not be limited to, all income from the sale of hunting,
fishing and trapping licenses; all income from
nongame checkoff systems; all income from the
sale of waterfowl, habitat conservation, and
other stamps that are requisite for engaging in
certain activities regulated by the designated
State agency; all income from the sale of any
commodities and products by the designated
State agency from lands and waters administered by the State for fish and wildlife purposes;
and all funds apportioned to the designated
State agency under the Federal Aid in Wildlife
and Sport Fish Restoration Programs.
(g) Establishment of Fund
(1) The Secretary shall establish the Fund,
which shall consist of amounts deposited into
the Fund by the Secretary under paragraph (2)
of this subsection.
(2) The Secretary shall deposit into the Fund
amounts appropriated to the Secretary for deposit to the Fund, of which not more than 4 percent shall be available to the Secretary to defray the costs of administering this chapter and
evaluating wildlife conservation and appreciation projects.

§ 3771

TITLE 16—CONSERVATION

(h) Authorization of appropriations
There are authorized to be appropriated to the
Fund and to the Secretary not to exceed
$6,250,000 for each of fiscal years 1999 through
2003.
(Pub. L. 102–587, title VII, § 7105, Nov. 4, 1992, 106
Stat. 5097; Pub. L. 103–375, § 6(4)–(7), Oct. 19, 1994,
108 Stat. 3495, 3496; Pub. L. 105–312, title III, § 303,
Oct. 30, 1998, 112 Stat. 2958.)
AMENDMENTS
1998—Subsec. (h). Pub. L. 105–312 substituted ‘‘not to
exceed $6,250,000 for each of fiscal years 1999 through
2003.’’ for ‘‘for each of fiscal years 1992 through 1998 not
to exceed $6,250,000.’’
1994—Subsec. (d)(5). Pub. L. 103–375, § 6(4), struck out
par. (5) which read as follows: ‘‘may not exceed the
State share of the cost of implementing such a
project.’’
Subsec. (e). Pub. L. 103–375, § 6(5), amended heading
and text of subsec. (e) generally. Prior to amendment,
text read as follows: ‘‘The share of the cost of carrying
out eligible projects under this section shall be from a
non-Federal source and shall not be in the form of an
in-kind contribution.’’
Subsec. (g)(2). Pub. L. 103–375, § 6(6)(A), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Secretary shall deposit into the Fund—
‘‘(A) amounts appropriated to the Secretary for deposit to the Fund, of which not more than 4 percent
shall be available to the Secretary and the National
Fish and Wildlife Foundation to defray the costs of
administering this chapter and evaluating wildlife
conservation and appreciation projects; and
‘‘(B) amounts received as donations from the National Fish and Wildlife Foundation or other private
entities or persons for deposit to the Fund.’’
Subsec. (g)(3), (4). Pub. L. 103–375, § 6(6)(B), struck out
pars. (3) and (4) which read as follows:
‘‘(3) The Secretary may accept and use donations
from the National Fish and Wildlife Foundation and
other private entities or persons for purposes of assisting States under this section.
‘‘(4) Of the total amount provided from the Fund to
assist a State in carrying out a wildlife conservation
and appreciation project under subsection (a) of this
section, at least 50 percent shall have been donated to
the Fund by the National Fish and Wildlife Foundation.’’
Subsec. (h). Pub. L. 103–375, § 6(7), substituted ‘‘1998’’
for ‘‘1995’’ and struck out before period at end ‘‘to
match the amount of contributions made to the Fund
by the National Fish and Wildlife Foundation’’.

CHAPTER 57B—PARTNERS FOR FISH AND
WILDLIFE

Page 2186

state-of-the-art techniques to restore, enhance, and manage fish and wildlife habitats;
(4) a voluntary cost-effective program that
leverages public and private funds to assist
private landowners in the conduct of state-ofthe-art fish and wildlife habitat restoration,
enhancement, and management projects is
needed;
(5) durable partnerships working collaboratively with willing private landowners to
implement on-the-ground projects has lead to
the reduction of endangered species listings;
(6) Executive Order No. 13352 (69 Fed. Reg.
52989) directs the Departments of the Interior,
Agriculture, Commerce, and Defense and the
Environmental Protection Agency to pursue
new cooperative conservation programs involving the collaboration of Federal, State,
local, and tribal governments, private for-profit and non-profit institutions, non-governmental entities, and individuals;
(7) since 1987, the Partners for Fish and Wildlife Program has exemplified cooperative conservation as an innovative, voluntary partnership program that helps private landowners
restore wetland and other important fish and
wildlife habitat; and
(8) through 33,103 agreements with private
landowners, the Partners for Fish and Wildlife
Program has accomplished the restoration of
677,000 acres of wetland, 1,253,700 acres of prairie and native grasslands, and 5,560 miles of riparian and in-stream habitat since 1987, demonstrating much of that success since only
2001.
(b) Purpose
The purpose of this chapter is to provide for
the restoration, enhancement, and management
of fish and wildlife habitats on private land
through the Partners for Fish and Wildlife Program, a program that works with private landowners to conduct cost-effective habitat
projects for the benefit of fish and wildlife resources in the United States.
(Pub. L. 109–294, § 2, Oct. 3, 2006, 120 Stat. 1351.)
REFERENCES IN TEXT
Executive Order No. 13352, referred to in subsec.
(a)(6), is Ex. Ord. No. 13352, Aug. 26, 2004, 69 F.R. 52989,
which is set out as a note under section 4332 of Title 42,
The Public Health and Welfare.
SHORT TITLE

Sec.

3771.
3772.
3773.
3774.

Findings and purpose.
Definitions.
Partners for Fish and Wildlife Program.
Authorization of appropriations.

§ 3771. Findings and purpose
(a) Findings
Congress finds that—
(1) approximately 60 percent of fish and wildlife in the United States are on private land;
(2) it is imperative to facilitate private landowner-centered and results-oriented efforts
that promote efficient and innovative ways to
protect and enhance natural resources;
(3) there is no readily available source of
technical biological information that the public can access to assist with the application of

Pub. L. 109–294, § 1, Oct. 3, 2006, 120 Stat. 1351, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Partners for Fish and Wildlife Act’.’’

§ 3772. Definitions
In this chapter:
(1) Federal trust species
The term ‘‘Federal trust species’’ means migratory birds, threatened species, endangered
species, interjurisdictional fish, marine mammals, and other species of concern.
(2) Habitat enhancement
(A) In general
The term ‘‘habitat enhancement’’ means
the manipulation of the physical, chemical,
or biological characteristics of a habitat to