16 U.S.C. § 2904: Approval of conservation…

Summary

States may apply to the Secretary to have a conservation plan approved. Applications must follow the Secretary’s rules. The Secretary must approve or disapprove a plan within 180 days after it is filed (including resubmissions after prior disapproval). The Secretary must approve if the plan meets the requirements in section 2903 and is substantial in purpose and design. The Secretary must disapprove if the plan fails to meet section 2903 or if carrying it out as written would threaten the natural balance or long-term survival of any species in the plan. If a plan is disapproved, the Secretary must give the state a written explanation and a chance to consult and fix the problems. When a plan is approved, the wildlife portion is treated as an approved plan under the Pittman‑Robertson Wildlife Restoration Act and the fish portion is treated as an approved plan under the Dingell‑Johnson Sport Fish Restoration Act. Approved nongame fish and wildlife actions are eligible for reimbursement under section 2905. If a state has no approved plan, the Secretary may still allow certain actions to be reimbursed under section 2905(a)(3) if the state shows need, the actions meet some of the 2903 requirements (including items 3, 4, 5, and 7), and the actions are substantial in purpose and design.

Title 16, §2904

Conservation, Source: USLM XML via OLRC

(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 not 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)disapprove the conservation plan if he determines that—

(i)the plan does not meet the requirements set forth in section 2903 of this title, or

(ii)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)—

(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

(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. 777e(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), 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 2905(a)(3) of this title if they—

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (b)(1), 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, referred to in subsec. (b)(2), 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.

§2904 Approval of Conservation Plans and Certain Nongame Fish and Wildlife Conservation Actions

Summary

Title 16, §2904

Notes & Related Subsidiaries

Editorial Notes

References in Text

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