16 U.S.C. § 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 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)

section 2903 of this title meets the requirements set forth in , and

(ii)

is substantial in character and design; or

(B)

disapprove the conservation plan if he determines that—

(i)

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

section 6(a)(1) of the Act of September 2, 1937 16 U.S.C. 669e(a)(1)16 U.S.C. 669 that portion of such plan that pertains to wildlife conservation shall be deemed to be an approved plan for purposes of (), commonly referred to as the Pittman-Robertson Wildlife Restoration Act [ et seq.]; and

(2)

section 6(a)(1) of the Act of August 9, 1950 16 U.S.C. 777e(a)(1)16 U.S.C. 777 that portion of such plan that pertains to fish conservation shall be deemed to be an approved plan for the purposes of [] commonly referred to as the Dingell-Johnson Sport Fish Restoration Act [ et seq.].

(c)

Conservation actions

section 2905 of this titleIf 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 .

(d)

Nongame conservation actions in the absence of an approved plan

section 2905(a)(3) of this titleIn 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 if they—

(1)

section 2903 of this title are consistent with such of the requirements set forth in 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, § 5Sept. 29, 198094 Stat. 1324(, , .)

Editorial Notes

References in Text

act Sept. 2, 1937, ch. 899 50 Stat. 917 section 669 of this titleThe Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (b)(1), is , , 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 and Tables.

act Aug. 9, 1950, ch. 658 64 Stat. 430 section 777 of this titleThe Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (b)(2), is , , 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 and Tables.