§777m — Title 16 Conservation | U.S. Code

Summary

The law gives up to $3,000,000 to the Secretary of the Interior to make multistate conservation project grants. Money can be used in the year it is given and the next fiscal year. Any money left after that is split among the States the same way as funds under section 777c(c). A project can get a grant only if it helps at least 26 States, or most States in a Fish and Wildlife Service region, or a regional group of State fish and game departments. Grants must be on a priority list made by the International Association of Fish and Wildlife Agencies. That list is created by State fish and game leaders with input from conservation groups, sportsmen groups, and industry; it must be approved by a majority of those leaders and sent to the Assistant Director for Wildlife and Sport Fish Restoration Programs by October 1 each year. The Assistant Director will publish the list in the Federal Register. Grants may go to States, groups of States, the Fish and Wildlife Service for the national survey, or qualified nongovernmental organizations. Any NGO applying must promise not to use funds to promote opposition to regulated fishing and must follow the rules; if they break that promise they must return the money and face penalties. Each year up to $1,200,000 is set aside: $200,000 each for four regional marine fisheries commissions and $400,000 for the Sport Fishing and Boating Partnership Council. Unused Council funds as of October 1, 2021 must partly pay for a study of derelict recreational vessels and recycling options. Chapter 10 of title 5 does not apply to activities under this program.

Title 16, §777m

Conservation — Source: USLM XML via OLRC

(a)(1)Not more than $3,000,000 shall be distributed to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.

(2)(A)Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the amount is made available and the following fiscal year.

(B)At the end of the period of availability under subparagraph (A), the Secretary of the Interior shall apportion any amounts that remain available among the States in the manner specified in section 777c(c) of this title for use by the States in the same manner as funds apportioned under section 777c(c) of this title.

(b)(1)A project shall not be eligible for a grant under this section unless the project will benefit—

(A)at least 26 States;

(B)a majority of the States in a region of the United States Fish and Wildlife Service; or

(C)a regional association of State fish and game departments.

(2)The Secretary of the Interior may make grants under this section only for projects identified on a priority list of sport fish restoration projects described in paragraph (3).

(3)A priority list referred to in paragraph (2) is a priority list of sport fish restoration projects that the International Association of Fish and Wildlife Agencies—

(A)prepares through a committee comprised of the heads of State fish and game departments (or their designees), in consultation with—

(i)nongovernmental organizations that represent conservation organizations;

(ii)sportsmen organizations; and

(iii)industries that fund the sport fish restoration programs under this chapter;

(B)approves by vote of a majority of the heads of State fish and game departments (or their designees); and

(C)not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs.

(4)The Assistant Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list submitted under paragraph (3)(C).

(c)(1)The Secretary of the Interior may make a grant under this section only to—

(A)a State or group of States;

(B)the United States Fish and Wildlife Service, or a State or group of States, for the purpose of carrying out the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation; and

(C)subject to paragraph (2), a nongovernmental organization.

(2)(A)Any nongovernmental organization that applies for a grant under this section shall submit with the application to the International Association of Fish and Wildlife Agencies a certification that the organization—

(i)will not use the grant funds to fund, in whole or in part, any activity of the organization that promotes or encourages opposition to the regulated taking of fish; and

(ii)will use the grant funds in compliance with subsection (d).

(B)Any nongovernmental organization that is found to use grant funds in violation of subparagraph (A) shall return all funds received under this section and be subject to any other applicable penalties under law.

(d)A grant under this section shall not be used, in whole or in part, for an activity, project, or program that promotes or encourages opposition to the regulated taking of fish.

(e)Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 777b of this title shall be distributed to the Secretary of the Interior for use as follows:

(1)$200,000 shall be made available for each of—

(A)the Atlantic States Marine Fisheries Commission;

(B)the Gulf States Marine Fisheries Commission;

(C)the Pacific States Marine Fisheries Commission; and

(D)the Great Lakes Fisheries Commission.

(2)$400,000 shall be made available for the Sport Fishing and Boating Partnership Council established by the United States Fish and Wildlife Service.

(3)A portion, as determined by the Sport Fishing and Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated as of October 1, 2021, shall be used to study the impact of derelict vessels and identify recyclable solutions for recreational vessels.

(f)Chapter 10 of title 5 shall not apply to any activity carried out under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (f). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2021—Subsec. (e)(3). Pub. L. 117–58 added par. (3). 2015—Subsec. (a)(1). Pub. L. 114–94, § 10001(f)(1), struck out “of each annual appropriation made in accordance with the provisions of section 777b of this title” after “$3,000,000”. Subsec. (e). Pub. L. 114–94, § 10001(f)(2)(A), in introductory provisions, substituted “Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 777b of this title shall be distributed to the Secretary of the Interior for use as follows:” for “Of amounts made available under section 777c(b) of this title for each fiscal year—”. Subsec. (e)(1)(D). Pub. L. 114–94, § 10001(f)(2)(B), substituted period at end for “; and”. 2010—Subsec. (a)(1). Pub. L. 111–281 made technical correction to directory language of Pub. L. 109–241, § 901(r)(2). See 2006 Amendment note below. 2006—Subsec. (a)(1). Pub. L. 109–241, § 901(r)(2), as amended by Pub. L. 111–281, substituted “Not more than” for “For each of fiscal years 2006 through 2009, not more than”. 2005—Subsec. (a)(1). Pub. L. 109–59, § 10118(1), reenacted subsec. (a) and par. (1) headings without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “Of the balance of each annual appropriation made under section 777b of this title remaining after the distribution and use under subsections (a), (b), and (c) of section 777c of this title in a fiscal year, not more than $3,000,000 shall be available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.” Subsec. (a)(2)(B). Pub. L. 109–59, § 10118(2), substituted “section 777c(c)” for “section 777c(e)” in two places. Subsec. (e). Pub. L. 109–59, § 10118(3), added introductory provisions and struck out former introductory provisions which read as follows: “Of the balance of each annual appropriation made under section 777b of this title remaining after the distribution and use under subsections (a), (b), and (c) of section 777c of this title for each fiscal year and after deducting amounts used for grants under subsection (a) of this section—”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date

of 2010 Amendment Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(3) is effective with enactment of Pub. L. 109–241.

Effective Date

of 2005

Amendments

From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (a)(1), (2)(B) and (e) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title. Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of this title.

§777m Multistate conservation grant program

Summary

Title 16, §777m

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata