Laws: Cases and Codes : U.S. Code : Title 16 : Section 777m


   
U.S. Code as of: 01/19/04
Section 777m. Multistate conservation grant program

    (a) In general
      (1) Amount for grants
        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.
      (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(e) of this title for use by the States in the
        same manner as funds apportioned under section 777c(e) 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 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 - 
        (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.



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