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16 U.S.C. § 669h–2Multistate conservation grant program

submitted 89 years ago by Pub. L. 106-408 to r/title-16-CONSERVATION · 698 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes certain amounts available for multistate conservation project grants and for hunter and recreational-shooter recruitment grants. It sets eligibility, priority-list, grantee, use, and availability rules, including apportionment of amounts that remain available after the grant period.

(a) In general. (1) Amount for grants. (A) In general. For a fiscal year, no more than $3,000,000 of the revenues paid into the "fund" may be available to the Secretary of the Interior for multistate conservation project grants under this section. This section does not define "fund" or "revenues covered into the fund." (B) Availability for hunter and recreational shooter grants. For a fiscal year, no more than $5,000,000 of the revenues paid into the "fund" from a tax imposed under 26 U.S.C. § 4161(b) may be available to the Secretary. The Secretary may use these amounts only for hunter-recruitment and recreational-shooter-recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities. This section does not define "hunter recruitment", "recreational shooter recruitment", or "national hunting and shooting sport recruitment program." (2) Period of availability; apportionment. (A) Period of availability. Amounts made available under paragraph (1) remain available for making grants only during the first fiscal year for which they are made available and the fiscal year that follows it. (B) Apportionment. When that availability period ends, the Secretary of the Interior must apportion any amounts that are still available among the States in the way described in 16 U.S.C. § 669c(b). The States may use those amounts in the same way as funds apportioned under 16 U.S.C. § 669c(b). This section does not define "States" or "apportioned." (b) Selection of projects. (1) States or entities to be benefited. A project is not eligible for a grant under this section unless it 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. This section does not define "region" or "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 wildlife restoration projects described in paragraph (3). (3) Priority list of projects. A priority list referred to in paragraph (2) is a priority list of wildlife restoration projects that the Association of Fish and Wildlife Agencies— (A) prepares through a committee made up 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 support or promote hunting, trapping, recreational shooting, bow hunting, or archery; (B) approves by a vote of a majority of the heads of State fish and game departments, or their designees; and (C) submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs no later than October 1 of each fiscal year. This section does not define "priority list", "wildlife restoration projects", "nongovernmental organizations", "conservation organizations", "sportsmen organizations", or the listed activities. (4) Publication. The Assistant Director for Wildlife and Sport Fish Restoration Programs must 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, to carry out the National Survey of Fishing, Hunting, and Wildlife-Associated Recreation; or (C) subject to paragraph (2), a nongovernmental organization. (2) Nongovernmental organizations. (A) In general. A nongovernmental organization that applies for a grant under this section must submit a certification with its application to the Association of Fish and Wildlife Agencies. The certification must state that the organization— (i) will not use the grant funds to pay for all or part of any activity of the organization that promotes or encourages opposition to the regulated hunting or trapping of wildlife or to recreational shooting activities; and (ii) will use the grant funds in compliance with subsection (d). This section does not define "nongovernmental organization", "grant funds", or "regulated hunting or trapping of wildlife." (B) Penalties for certain activities. If a nongovernmental organization is found to use grant funds in violation of subparagraph (A), it must return all funds it received under this section and is subject to any other penalties that apply under law. (d) Use of grants. A grant under this section may not be used, in whole or in part, for an activity, project, or program that promotes or encourages opposition to the regulated hunting or trapping of wildlife or to recreational shooting activities. (e) Nonapplicability of chapter 10 of title 5. Chapter 10 of title 5 does not apply to any activity carried out under this section.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1) Amount for grants
(A) In general

Not more than $3,000,000 of the revenues covered into the fund for a fiscal year shall be available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.

(B) Availability for hunter and recreational shooter grants

Not more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of title 26 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.

(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 669c(b) of this title for use by the States in the same manner as funds apportioned under section 669c(b) 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 wildlife restoration projects described in paragraph (3).

(3) Priority list of projects

A priority list referred to in paragraph (2) is a priority list of wildlife restoration projects that the 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 support or promote hunting, trapping, recreational shooting, bow hunting, or archery;

(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 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 hunting or trapping of wildlife or to recreational shooting activities; and

(ii)

will use the grant funds in compliance with subsection (d).

(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 hunting or trapping of wildlife or to recreational shooting activities.

(e) Nonapplicability of chapter 10 of title 5

Chapter 10 of title 5 shall not apply to any activity carried out under this section.

Source credit: (Sept. 2, 1937, ch. 899, § 11, as added Pub. L. 106–408, title I, § 113, Nov. 1, 2000, 114 Stat. 1767; amended Pub. L. 116–94, div. P, title V, § 501(g)(1), Dec. 20, 2019, 133 Stat. 3193; Pub. L. 117–286, § 4(a)(101), Dec. 27, 2022, 136 Stat. 4316.)

history & why it existsrecord from the source credit
  • 1937Enacted · Pub. L. 106-408 · 114 Stat. 1767
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3193
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4316

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-408 on 1937-09-02.

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