16 U.S.C. § 777m (CONSERVATION)
§ 777m. Multistate conservation grant program
(a) In general
(1) Amount for grants
Not more than $3,000,000 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 making multistate conservation project grants in accordance with this section.
(2) Period of availability; apportionment
(A) Period of availability
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) Apportionment
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) Selection of projects
(1) States or entities to be benefited
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) Use of submitted priority list of projects
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) Priority list of projects
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) Publication
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) Eligible grantees
(1) In general
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) Nongovernmental organizations
(A) In general
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) of this section.
(B) Penalties for certain activities
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) Use of grants
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) Funding for other activities
Of amounts made available under section 777c(b) of this title for each fiscal year—
(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; and
(2) $400,000 shall be made available for the Sport Fishing and Boating Partnership Council established by the United States Fish and Wildlife Service.
(f) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any activity carried out under this section.
(Aug. 9, 1950, ch. 658, § 14, as added Pub. L. 106–408, title I, § 122(a), Nov. 1, 2000, 114 Stat. 1772; amended Pub. L. 109–59, title X, § 10118, Aug. 10, 2005, 119 Stat. 1929; Pub. L. 109–241, title IX, § 901(r)(2), July 11, 2006, 120 Stat. 566; Pub. L. 111–281, title IX, § 903(a)(3), Oct. 15, 2010, 124 Stat. 3010.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 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—”.
heading: Effective Date of 2010 Amendment
text: 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.
heading: Effective Date of 2005 Amendments
text: 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.