United States Code
USC most recently checked for updates: Jun 09, 2023
Approval of conservation plans and certain nongame fish and wildlife conservation actions
Approval by Secretary of plans
Any State may apply to the Secretary for approval of a conservation plan.
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.
approve the conservation plan, and designate it as an approved conservation plan, if he determines that the plan—
meets the requirements set forth in section 2903 of this title, and
is substantial in character and design; or
disapprove the conservation plan if he determines that—
the plan does not meet the requirements set forth in section 2903 of this title, or
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.
Effect of approval of plans
If the Secretary approves the conservation plan of any State under subsection (a)—
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
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.].
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.
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—
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
are substantial in character and design.
(Pub. L. 96–366, § 5,
Sept. 29, 1980, 94 Stat. 1324.)
cite as: 16 USC 2904