16 U.S.C. § 8212: Funding

Summary

Authorizes $7,200,000 each year from 2021 through 2030 for Fish Habitat Partnerships and approved conservation projects, with 5% of that money set aside only for projects run by Indian Tribes. Each year the Secretary also gets an amount equal to 5% of the yearly $7,200,000 for administrative and planning costs and other program duties. From 2021 through 2030, five federal agencies each get $400,000 per year for technical and scientific help (Fish and Wildlife Service, NOAA, EPA, US Geological Survey, and the Forest Service). The Secretary may, with the Board’s recommendation, make grants, cooperative agreements, or contracts with Partnerships or other groups to fund projects. The Secretary can accept outside grants and, if money is available, give program funds to other federal agencies to award grants for consistent projects. The Secretary may work with tax-exempt charities to collect donations and may accept money, property, or services. Donations are treated as gifts to the United States and can be used by the Secretary or shared with other federal agencies.

Title 16, §8212

Conservation, Source: USLM XML via OLRC

(a)Authorization of appropriations

(1)Fish habitat Partnerships and conservation projects

There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under section 8204 of this title and fish habitat conservation projects approved under section 8205(f) of this title, of which 5 percent is authorized only for projects carried out by Indian Tribes.

(2)Administrative and planning expenses

There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)—

(A)for administrative and planning expenses under this chapter; and

(B)to carry out section 8209 of this title.

(3)Technical and scientific assistance

There is authorized to be appropriated for each of fiscal years 2021 through 2030 to carry out, and provide technical and scientific assistance under, section 8206 of this title—

(A)$400,000 to the Secretary for use by the United States Fish and Wildlife Service;

(B)$400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration;

(C)$400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency;

(D)$400,000 to the Secretary for use by the United States Geological Survey; and

(E)$400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service.

(b)Agreements and grants

The Secretary may—

(1)on the recommendation of the Board, and notwithstanding section 6304 and 6305 of title 31 and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this chapter for a fish habitat conservation project or restoration or enhancement project;

(2)apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this chapter; and

(3)subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this chapter.

(c)Donations

(1)In general

The Secretary may—

(A)enter into an agreement with any organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 to solicit private donations to carry out the purposes of this chapter; and

(B)accept donations of funds, property, and services to carry out the purposes of this chapter.

(2)Treatment

A donation accepted under this chapter—

(A)shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and

(B)may be—

(i)used directly by the Secretary; or

(ii)provided to another Federal department or agency through an interagency agreement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Financial Assistance Management Improvement Act of 1999, referred to in subsec. (b)(1), is Pub. L. 106–107, Nov. 20, 1999, 113 Stat. 1486, which was formerly set out as a note under section 6101 of Title 31, Money and Finance. Pursuant to section 11 of the Act, the Act ceased to be effective 8 years after Nov. 20, 1999. This Act, referred to in subsec. (b)(3), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as America’s Conservation Enhancement Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 8201 of this title and Tables.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–198, § 206(1), inserted “Partnerships and” after “habitat” in heading and “Partnership operations under section 8204 of this title and” after “to provide funds for” in text and substituted “2030” for “2025”. Subsec. (a)(2). Pub. L. 118–198, § 206(2), substituted “2030” for “2025” in introductory provisions. Subsec. (a)(3). Pub. L. 118–198, § 206(3), substituted “2030” for “2025” in introductory provisions.

§8212 Funding