Fish and Wildlife Conservation Act

§ 2807

TITLE 16-CONSERVATION

record that is pertinent to the funds received
under such grant or contract.
(Pub. L. 96-362, § 7, Sept. 26, 1980, 94 Stat.
1204.)

Page 1268

(5) develop a flow-chart time line using the
information obtained by means of paragraphs
(1) through (4) to identify those regulations
and restrictions that could have the most detrimental effect in establishing commercial
aquaculture operations in the United States.
§ 2807. Capital requirements for aquaculture
(a) Capital requirements study
Upon completion of the study, the Secretaries
The Secretaries, through the coordinating shall submit its results to Congress.
group, shall conduct within twelve months (b) Regulatory constraints plan
after September 26, 1980, a study of the capital
Based on the results of the Regulatory Conrequirements of the United States aquaculture
straints Study conducted under subsection (a)
industry. The study shall(1) document and analyze any capital con- of this section, and within six months of the
straints that affect the development of aqua- study's completion, the Secretaries shall formuculture in the United States; and
late a plan for acting on the study's findings.
(2) evaluate the role that appropriate Fed. The plan will contain specific steps the Federal
eral financial assistance does or could play in Government can take to remove unnecessarily
filling gaps in the normal credit market with burdensome regulatory barriers to the initirespect to aquaculture.
ation and operation of commercial aquaculture
The study will identify the capital needs of the ventures. Upon its completion, the Secretaries
United States aquaculture industry, with em- shall submit the plan to Congress.
phasis on the needs that are not being filled (Pub. L. 96-362, § 9, Sept. 26, 1980, 94 Stat.
either in normal credit channels or through 1205.)
government programs for direct loans, loan
guarantees, disaster loans, and insurance. Upon § 2809. Authorizations for appropriations
it completion, the Secretaries shall submit the
For purposes of carrying out the provisions of
results of the study to Congress.
this
chapter, there are authorized to be appro(Mi Capital requirements plan
priatedBased on the results of the Capital Require(1) to the Department of Agriculturements Study conducted under subsection (a) of
(A) $7,000,000 for fiscal year 1981,
this section, and within six months of the com(B) $10,000,000 for fiscal year 1982, and
pletion of the study, the Secretaries shall for(C) $12,000,000 for fiscal year 1983;
mulate a plan for acting on the study's findings. The plan shall include: (1) those Federal
(2) to the Department of Commerceactions, If any, found to be necessary to meet fi(A) $7,000,000 for fiscal year 1981,
nancial needs unmet through normal credit
(B) $10,000,000 for fiscal year 1982, and
channels and existing Federal programs; and
(C) $12,000,000 for fiscal year 1983; and
(2) recommendations, if any, for legislative actions. Upon completion, the plan shall be sub(3) to the Department of the Interiormitted to Congress.
(A) $3,000,000 for fiscal year 1981,
(B) $4,000,000 for fiscal year 1982, and
(Pub. L. 96-362, §8, Sept. 26, 1980, 94 Stat.
(C) $5,000,000 for fiscal year 1983.
1204.)
Funds authorized by this section shall be in ad§ 2808. Regulatory constraints on aquaculture
dition to, and not in lieu of, funds authorized
(a) Regulatory constraints study
by any other Act.
The Secretaries, through the coordinating (Pub. L. 96-362, § 10, Sept. 26, 1980, 94 Stat.
group, shall conduct, within twelve months
after September 26, 1980, a study of the State 1205.)
and Federal regulatory restrictions to aquacul- § 2810. Disclaimer
ture development in the United States. The
Nothing in this chapter shall be construed to
study shall(1) include a literature review and a descrip- amend, repeal, or otherwise modify the authoritive list identifying the parameters of the ty of any Federal officer, department, or
issue;
agency to perform any function, responsibility,
(2) identify and list relevant current and or activity authorized under any other provipending Federal regulations restricting the sion of law.
development of commercial aquaculture oper(Pub. L. 96-362, § 11, Sept. 26, 1980, 94 Stat.
ations;
(3) identify and list relevant current State 1206.)
regulations restricting the development of
CHAPTER 49-FISH AND WILDLIFE
commercial aquaculture operations in five
CONSERVATION
States selected randomly in five separate geographic regions of the United States;
Sec.
(4) 'conduct case studies of ten commercial 2901.
Congressional findings and declaration of
aquaculture operations in the United States
purpose.
representing a wide range of marine and
(a) Findings.
fresh water species to determine the practical
(b)Purpose.
effects of regulatory restrictions on aquacul- 2902.
Definitions.
ture; and
2903.
Conservation plans.

TITLE 16-CONSERVATION

Page 1269
Sec.

2904.

2905.

Approval of conservation plans and certain
nongame fish and wildlife conservation actions.
(a) Approval by Secretary of plans.
(b) Effect of approval of plans.
(c) Conservation actions.
(d) Nongame conservation actions in the
absence of an approved plan.
Reimbursement of State cost for developing,
revising, and implementing conservation

plans and implementing certain nongame
fish and wildlife conservation actions.
(a) In general.
(b) Applications.
(c) Eligibility.

2906.
2907.

2908.
2909.
2910.
2911.

(d) Reimbursement.
(e) Limitations.
Terms and conditions of reimbursement.
Allocation of funds for administration and
reimbursement of States.
(a) In general.
(b) Allocation formula.
(c) Treatment of amounts allocated but
not used for any fiscal year.
Other Federal assistance and actions.
Disclaimers.
Authorization of appropriations.
Study on most equitable and effective mech-

anism for funding State conservation
plans; report to Congressional committees.
§ 2901. Congressional findings and declaration of purpose
(a) Findings
The Congress finds and declares the following:
(1) Fish and wildlife are of ecological, educational, esthetic, cultural, recreational, economic, and scientific value to the Nation.
(2) The improved conservation and management of fish and wildlife, particularly nongame fish and wildlife, will assist in restoring
and maintaining fish and wildlife and in assuring a productive and more esthetically
pleasing environment for all citizens.
(3) Many citizens, particularly those residIng in urban areas, have insufficient opportunity to participate in recreational and other
programs designed to foster human interaction with fish and wildlife and thereby are
unable to have a greater appreciation and
awareness of the environment.
(4) Historically, fish and wildlife conservation programs have been focused on the more
recreationally and commercially important
species within any particular ecosystem. As a
consequence such programs have been largely
financed by hunting and fishing license revenues or excise taxes on certain hunting and
fishing equipment. These traditional financing mechanisms are neither adequate nor
fully appropriate to meet the conservation
needs of nongame fish and wildlife.
(5) Each State should be encouraged to develop, revise, and implement, in consultation
with appropriate Federal, State, and local and
regional agencies, a plan for the conservation
of fish and wildlife, particularly those species
which are indigenous to the State.
(b)Purpose
It is the purpose of this chapter(1) to provide financial and technical assistance to the States for the development, revi-

§ 2902

sion, and implementation of conservation
plans and programs for nongame fish and
wildlife; and
(2) to encourage all Federal departments
and agencies to utilize their statutory and administrative authority, to the maximum
extent practicable and consistent with each
agency's statutory responsibilities, to conserve and to promote conservation of nongame fish and wildlife and their habitats, in
furtherance of the provisions of this chapter.
(Pub. L. 96-366, § 2, Sept. 29, 1980, 94 Stat.
1322.)
SHORT TITLE.

Section 1 of Pub. L. 96-366 provided: "That this Act
(enacting this chapter] may be cited as the 'Fish and
Wildlife Conservation Act of 1980'."
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2905 of this
title.
§ 2902. Definitions

As used in this chapter(1) The term "approved conservation plan"
means the conservation plan of a State approved by the Secretary pursuant to section
2904(a) of this title.
(2) The term "conservation plan" means a
plan developed by a State for the conservation of fish and wildlife which meets the requirements set forth in section 2903 of this
title.
(3) The terms "conserve", "conserving", 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
ecological, educational, esthetic, cultural, recreational, and scientific 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.
(4) The term "designated State agency"
means the commission, department, division,
or other agency of a State which has primary
legal authority for the conservation of fish
and wildlife. If any State has placed such authority in more than one agency, such term
means each such agency acting with respect
to its assigned responsibilities but such agencies, for purposes of this chapter, shall submit
a single conservation plan.
(5) The term "fish and wildlife" means wild
vertebrate animals that are in an unconfined
state, including, but not limited to, nongame
fish and wildlife.
(6) The term "nongame fish and wildlife"
means wild vertebrate animals that are in an
unconfined state and that(A) are not ordinarily taken for sport, fur,
or food, except that if under applicable

TITLE 16-CONSERVATION

§ 2903

State law, any of such animals may be
taken for sport, fur, or food in some, but
not all, areas of the State, any of such animals within any area of the State in which
such taking is not permitted may be deemed
to be nongame fish and wildlife;
(B) are not listed as endangered species or
threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543);
and
(C) are not marine mammals within the
meaning of section 1362(5) of this title.
Such term does not include any domesticated
species that has reverted to a feral existence.
(7) The term "Secretary" means the Secretary of the Interior.
(8) The term "State" means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 96-366, § 3, Sept. 29, 1980, 94 Stat.
1323.)
REFERENCES IN TEXT

The Endangered Species Act of 1973, referred to in
par. (6)(B) is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884,
as amended, which is classified principally 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.
§ 2903. Conservation plans
The conservation plan for any State must(1) provide for the vesting in the designated
State agency of the overall responsibility for
the development and revision of the conservation plan;
(2) provide for an inventory of the nongame
fish and wildlife, and such other fish and
wildlife as the designated State agency deems
appropriate, 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 section 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, condition, and location of their significant habitats;
(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 paragraph (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;

Page 1270

(9) ensure that the public be given opportunity to make its views known and considered
during the development, revision, and implementation of the plan; and
(10) provide that the designated State
agency consult, as appropriate, with Federal
agencies, and other State agencies during the
development, 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.)
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2902, 2904,
2905 of this title.
§ 2904. Approval of conservation plans and certain
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 conservation 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 no later than
180 days, after the date on which a State submits (or resubmits in the case of prior disapproval) an application for the approval of a
conservation plan the Secretary shall(A) approve the conservation plan, and designate it as an approved conservation plan, if
he determines that the plan(i) meets the requirements set forth in
section 2903 of this title, and
(ii) is substantial in character and design;
or
(B) distipprove the conservation plan if he
determines that(I) the plan does not meet the requirements set forth in section 2903 of this title,
or
(i) to implement any part of the plan on
the basis of the specifications, determinations, 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 deficiencies In the plan and the modifications required for approval.
(b) Effect of approval of plans
If the Secretary approves the conservation
plan of any State under subsection (a) of this
section(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 Pittman-Robertson Wildlife Restoration
Act [16 U.S.C. 669 et seq.]; and

TITLE 16-CONSERVATION

Page 1271

(2) that portion of such plan that pertains
to fish conservation shall be deemed to be an
approved plan for the purposes of section
6(a)(1) of the Act of August 9, 1950 (16 U.S.C.
777c(a)(1)) commonly referred to as the Dingell-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) of this
section, 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 wildlife projects for which reimbursement is available 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
actions to be nongame fish and wildlife projects
for which reimbursement is available under section section 2905(a)(3) of this title if thcy(1) are consistent with such of the requirements 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.)
REmEaREcNs IN TEXT

Act of September 2. 1937. zommonly referred to as
the Pittman-Robertson Wilalife Restoration Act, referred to in subsec. (b)(1), is act Sept. 2, 1937, ch. 899,
50 Stat. 917, as amended, also known as the Federal
Aid in Wildlife Restoration Act, which is classified
generally to chapter 5B (1 689 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.
Act of August 9, 1950, commonly referred to as the

Dingell.Johnson Sport Fish Restoration Act, referred
to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat.
430, as amended, also known as the Federal Aid in
Fish Restoration Act and Fish Restoration and Management Projects Act, which is classified generally to
chapter 10B (1 777 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.
SEcTION RzrnRRE TO IN OTHER SECrIONS
This section is referred to in sections 2902, 2905 of
this title.
§ 2905. Reimbursement of State costs for developing,
revising, and implementing conservation plans
and implementing certain nongame fish and
wildlife conservation actions
(a) In general

Any State may apply to the Secretary for reimbursement under this section for costs incurred 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.

§ 2905

(4) The implementation of conservation actions specified in an approved conservation
plan.
(5) The coordination, consolidation, or implementation of the conservation plan or conservation, 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 Restoration Act [16

U.S.C. 777 et seq.].
(b) Applications
Application for reimbursement under this
section shall be made in such manner as the
Secretary shall by regulation prescribe and
shall contain such information as is necessary
to enable the Secretary to determine whether
the State meets the eligibility requirements set
forth in subsection (c) of this section.
(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 subsection (a)(1) of this section, such costs have
been incurred in developing a conservation
plan that meets the requirements set forth in
section 2903 of this title.
(2) If reimburement is sought under subsection (a)(2) of this section, such costs have
been incurr(;d in revising the plan in a
manner cormistent with such requirements.
(3) If reimbursement is sought under subsection (a)(3) of this section, such costs have
been incurred in implementing the conservation actions as approved by the Secretary.
(4) If reimbursement is sought under subsection (a)(4) of this section, such costs have
been incurred in implementing conservation
actions specified in, and in a manner consistent with, the approved conservation plan.
(5) If reimbursement is sought under subsection (a)(5) of this section, 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 Dingell-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 Restoration
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
section 2906 of this title, and to the availability
of funds appropriated under section 2910 of
this title, the Secretary shall reimburse each

§ 2905

TITLE 16-CONSERVATION

State which the Secretary finds to be eligible
therefor under subsection (c) of this section.
(e) Limitations
(1) The total amount of the reimbursement
paid to any State under this section with respect to any fiscal year may not exceed the allocation 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 incurred 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 conservation plan, unless the cost was incurred in implementing actions approved under section
2904(c) or (d) of this title;
(E) in implementing an approved conservation plan covering only nongame fish and
wildlife, or any nongame fish and wildlife
conservation 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 trapping laws of the State; or
(F) in implementing an approved conservation plan or any nongame fish and wildlife
conservation action approved under section
2904(c) or (d) of this title, to the extent
that(1) more than 10 percent of such costs are
applied for purposes of conservation law enforcement 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.
(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 development 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 implementing the action during such fiscal year,
except 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 exceed 75 percent of the cost of im-

Page 1272

plementing 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
exceed(1) 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 revising conservation plans, in implementing approved 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 applied during such year by the State for such
purposes; and
(ii) not include any other Federal moneys
received by such State and applied by it, directly 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
volunteers in carrying out surveys, censuses,
and other scientific studies regarding fish and
wildlife. The Secretary shall by regulation establish (I) the training experience, and other
qualifications which such volunteers must have
in order for their services to be considered as
inkind contributions; 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.)
REFERENCES IN TEXT

Act of September 2, 1937, commonly referred to as
the Pittman.Robertson Wildlife Restoration Act, referred to in subsecs. (a)(5) and (c)(5), is act Sept. 2,
1937, ch. 899, 50 Stat. 917, as amended, also known as
the Federal Aid in Wildlife Restoration Act, which is
classified generally to chapter 5B (1 669 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.
Act of August 9, 1950, commonly referred to as the
Dlngell-Johnson Sport Fish Restoration Act, referred
to in subsecs. (a)(5) and (c)(5), is act Aug. 9, 1950, ch.
658, 64 Stat. 430, as amended, also known as the Federal Aid in Fish Restoration Act and Fish Restoration
and Management Projects Act, which is classified generally to chapter 10B (1 777 et seq.) of this title. For
complete classification of this Act to the Code. see

Page 1273

TITLE 16-CONSERVATION

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.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2904, 2906,
2907. 2910 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 appropriate 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 Secretary shall require as being necessary or appropriate 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 representatives, shall have access, for purposes of
audit and examination, to such records.
(2) Upon a finding by the Secretary, after
notice and opportunity for an agency hearing
on the record, that any State has received reimbursement 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 receive 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.)
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2905 of this
title.
§ 2907. Allocation of funds for administration and re.
imbursement 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 allocation among the States as provided in this
section.
(b) Allocation formula
Of the total amount appropriated for any
fiscal 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
necessary for administering during such fiscal
year the provisions of this chapter relating to
the purposes for which so appropriated;
(2) less the deduction under paragraph (1),
the Secretary shall allocate(A) for the District of Columbia and the
Commonwealth of Puerto Rico each a sum
equal to not more than one-half of 1 percent of such amount; and

§ 2908

(B) for Guam, American Samoa, the
Virgin Islands, the Trust Territory of the
Pacific Islands, and the Commonwealth of
the Northern Mariana Islands each a sum
equal to not more than one-sixth of 1 percent of such amount; and
(3) less the deduction under paragraph (1)
and the sums allocated under paragraph (2),
the Secretary shall allocate for each of the
States (other than those provided for in paragraph (2)) a sum(A) one-third of which is based on the
ratio to which the area of such State bears
to the total area of all such States, and
(B) two-thirds of which is based on the
ratio to which the population of such State
bears to the total population of all such
States.
except all sums allocated under this paragraph
shall be adjusted equitably so that no State
shall be allocated a sum which is less than onehalf of 1 percent of the amount available for allocation un.ier this paragraph for any fiscal
year or more than 5 percent of such amount.
(c) Treatment of amounts allocated but not used for
any fiscal year
(1) That portion of any amount deducted by
the Secretary under subsection (b)(1) of this
section for administrative purposes for any
fiscal year and not expended during such fiscal
year shall remain available for administrative
purposes until the close of the next succeeding
fiscal year and if not obligated or expended by
the close of such succeeding fiscal year shall be
available for disbursement by the Secretary
without regard to subsection (b) of this section,
to the States to carry out the purposes of this
chapter.
(2) That portion of any amount allocated to
any State under subsection (b)(2) or (3) of this
section for any fiscal year and not disbursed to
the State for such fiscal years under section
2905 of this title shall remain available for disbursement to the State under such section for
the next succeeding fiscal year and if not disbursed for such succeeding fiscal year shall be
available for disbursement by the Secretary,
without regard to subsection (b) of this section,
to the States to carry out the purposes of this
chapter.
(Pub. L. 96-366, § 8, Sept. 29, 1980, 94 Stat.
1328.)
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2905, 2910 of
this title.
§ 2908. Other Federal assistance and actions
The Secretary and the chief executive officer
of any other appropriate Federal department
or agency may loan to any State such personnel
and equipment of the department or agency,
share such scientific or other appropriate information, and provide such other assistance as
the Secretary or officer determines appropriate
for purposes of assisting any State to develop
or revise conservation plans.

§ 2909

TITLE 16-CONSERVATION

(Pub. L. 96-366, § 9, Sept. 29, 1980, 94 Stat.
1329.)
§ 2909. Disclaimers
Nothing in this chapter shall be construed as
affecting(1) the authority, jurisdiction, or responsibility of the States to manage, control, or regulate fish and resident wildlife under State
law;
(2) any requirement under State law that
lands, waters, and interests therein may only
be acquired for conservation purposes if the
owner thereof is a willing seller; and
(3) the authority of the Secretary of Agriculture under the Act of March 2, 1931 (46
Stat. 1468-1469, 7 U.S.C. 426-426b).
(Pub. L. 96-366, § 10, Sept. 29, 1980, 94 Stat.
1329.)
REFERENCES IN TEXT
Act of March 2. 1931, referred to in par. (3), is Act
Mar. 2,1931, ch. 370, 46 Stat. 1468, which is classified
to sections 426 to 426b of Title 7, Agriculture. For
complete classification of this Act to the Code, see
Tables.
§ 2910. Authorization of appropriations
There are authorized to be appropriated for
purposes of making reimbursements under section 2905 of this title to States for the development and implementation of conservation plans
and for administration of this chapter under
section 2907 of this title not to exceed
$5,000,000 for each of fiscal years 1982, 1983,
1984, and 1985.
(Pub. L. 98-366, § 11, Sept. 29, 1980, 94 Stat.
1329.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2905, 2907 of
this title.
§ 2911. Study on most equitable and effective mechanism for funding State conservation plans; report
to Congressional committees
The Director of the United States Fish and
Wildlife Service, in consultation with affected
parties, shall conduct a comprehensive study to
determine the most equitable and effective
mechanism for funding State conservation
plans and actions under this chapter, including,
but not limited to, funding by means of an
excise tax on appropriate items. On or before
December 31, 1984, the Director shall report to
the Committee on Environment and Public
Works of the Senate and to the Committee on
Merchant Marine and Fisheries of the House of
Representative the results of such study, together with his recommendations with respect
thereto.
(Pub. L. 96-366, § 12, Sept. 29, 1980, 94 Stat.
1330; Pub. L. 97-396, § 6, Dec. 31, 1982, 96 Stat.
2006.)
AMENDMENTS
1982-Pub. L. 97-396 struck out ". out of funds available for the administration of this chapter" following
"shall conduct", and substituted "December 31, 1984"
for "the expiration of the 30.month period following

Page 1274

the date of enactment of this Act [Sept. 29, 1980]" following "On or before".
CHAPTER 50-CHESAPEAKE BAY RESEARCH
COORDINATION
Sec.

3001.
3002.

3003.

3004.

3005.
3006.

3007.

Congressional findings and statement of purpose.
Definitions.
Office for Chesapeake Bay Research Coordination.
(a) Establishment; appointment of Director; personnel.
(b) Functions of Office.
(c) Additional functions.
(d) Administrative service; information
and assistance from other Federal
agencies.
Chesapeake Bay Research Board.
(a) Establishment.
(b) Membership.
(c) Election of chairman.
(d) Functions; report to Congress and
States.
(e) Expenses.
Authorization of appropriations.
Relationship of chapter to existing Federal,
State, and local powers.
(a) Jurisdiction of Federal, State, and
local governments.
(b) Recommendations.
Termination of chapter.

§ 3001. Congressional findings and statement of purpose
(a) The Congress finds that(1) the Chesapeake B., area is one of the
greatest national rc(ources in the United
States of America, serving as an abundant
source of seafood, recreation, beauty, and enjoyment, as well as provid!ng habitat for a
wide variety of fish, waterfowl, flora, and
fauna;
(2) the Chesapeake Bay area serves as one
of the world's major waterways, each year
carrying millions of tons of waterborne shipping to and from all parts of the globe;
(3) the productivity and beauty of the
Chesapeake Bay area in recent years has
been diminished and threatened by water pollution, shoreline erosion, excessive sedimentation, and other injuries;
(4) numerous Federal agencies have initiated and supported research to study, manage,
enhance, protect, preserve, or restore the resources of the Chesapeake Bay area; and
(5) the various research relating to the
Chesapeake Bay area could be more effectively coordinated in order to obtain maximum
benefits.
(b) The purposes of this chapter are(1) to provide for the rational and effective
coordination of federally conducted and supported research aimed at increasing fundamental knowledge in support of wise management of the Chesapeake Bay area;
(2) to identify key management information
needs and specify a coherent program of research that will respond to those needs;
(3) to identify the needs and priorities for
such additional research as are required for