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Title 16 — Conservation

Chapter 101 — National Fish Habitat Conservation Through Partnerships

§ 8212. Funding

Statutory text

(a)

Authorization of appropriations

(1)

Fish habitat Partnerships and conservation projects

There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under section 8204 of this title and fish habitat conservation projects approved under section 8205(f) of this title, of which 5 percent is authorized only for projects carried out by Indian Tribes.

(2)

Administrative and planning expenses

There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)—

(A)

for administrative and planning expenses under this chapter; and

(B)

to carry out section 8209 of this title.

(3)

Technical and scientific assistance

There is authorized to be appropriated for each of fiscal years 2021 through 2030 to carry out, and provide technical and scientific assistance under, section 8206 of this title—

(A)

$400,000 to the Secretary for use by the United States Fish and Wildlife Service;

(B)

$400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration;

(C)

$400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency;

(D)

$400,000 to the Secretary for use by the United States Geological Survey; and

(E)

$400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service.

(b)

Agreements and grants

The Secretary may—

(1)

on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this chapter for a fish habitat conservation project or restoration or enhancement project;

(2)

apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this chapter; and

(3)

subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this chapter.

(c)

Donations

(1)

In general

The Secretary may—

(A)

enter into an agreement with any organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 to solicit private donations to carry out the purposes of this chapter; and

(B)

accept donations of funds, property, and services to carry out the purposes of this chapter.

(2)

Treatment

A donation accepted under this chapter—

(A)

shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and

(B)

may be—

(i)

used directly by the Secretary; or

(ii)

provided to another Federal department or agency through an interagency agreement.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. America’s Conservation Enhancement Act

    Pub. L. 116–188 title II § 212 · 134 Stat. 905

    Enacted · 16 U.S.C. § 8212

    Pub. L. 116–188, title II, § 212, Oct. 30, 2020, 134 Stat. 937

    Source evidence

    Code source credit
    Pub. L. 116–188, title II, § 212, Oct. 30, 2020, 134 Stat. 937

    Enacted provision · exact public law section
    SEC. 212. FUNDING. (a) Authorization of Appropriations.— (1) Fish habitat conservation projects.— There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2025 to provide funds for fish habitat conservation projects approved under section 205(f), of which 5 percent is authorized only for projects carried out by Indian Tribes. (2) Administrative and planning expenses.— There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2025 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)— (A) for administrative and planning expenses under this title; and (B) to carry out section 209. (3) Technical and scientific assistance.— There is authorized to be appropriated for each of fiscal years 2021 through 2025 to carry out, and provide technical and scientific assistance under, section 206— (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration; (C) $400,000 to the Environmental Protection Agency Assistant Administrator for use by the Environmental Protection Agency; (D) $400,000 to the Secretary for use by the United States Geological Survey; and (E) $400,000 to the Secretary of Agriculture, acting through the Chief of the Forest Service, for use by the Forest Service. (b) Agreements and Grants.— The Secretary may— (1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31, United States Code, and the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this title for a fish habitat conservation project or restoration or enhancement project; (2) apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this title; and (3) subject to the availability of appropriations, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this title. (c) Donations.— (1) In general.— The Secretary may— (A) enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this title; and (B) accept donations of funds, property, and services to carry out the purposes of this title. (2) Treatment.— A donation accepted under this title— (A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and (B) may be— (i) used directly by the Secretary; or (ii) provided to another Federal department or agency through an interagency agreement.

  2. Pub. L. 118–198 § 206(1) · 138 Stat. 2683

    1. Inserted · 16 U.S.C. § 8212(a)(1)

      Pub. L. 118–198, § 206(1), inserted “Partnerships and” after “habitat” in heading and “Partnership operations under section 8204 of this title and” after “to provide funds for” in text

    2. Substituted · 16 U.S.C. § 8212(a)(1)

      Pub. L. 118–198, § 206(1), substituted “2030” for “2025”

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–198, § 206(1), inserted “Partnerships and” after “habitat” in heading and “Partnership operations under section 8204 of this title and” after “to provide funds for” in text and substituted “2030” for “2025”.

  3. Pub. L. 118–198 § 206(2) · 138 Stat. 2683

    Substituted · 16 U.S.C. § 8212(a)(2)

    Pub. L. 118–198, § 206(2), substituted “2030” for “2025” in introductory provisions

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–198, § 206(2), substituted “2030” for “2025” in introductory provisions.

  4. Pub. L. 118–198 § 206(3) · 138 Stat. 2683

    Substituted · 16 U.S.C. § 8212(a)(3)

    Pub. L. 118–198, § 206(3), substituted “2030” for “2025” in introductory provisions

    Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 118–198, § 206(3), substituted “2030” for “2025” in introductory provisions.

1 of 5 references resolved to an enrolled provision · 4 unresolved

Editorial Notes

References in Text

The Federal Financial Assistance Management Improvement Act of 1999, referred to in subsec. (b)(1), is Pub. L. 106–107, , 113 Stat. 1486, which was formerly set out as a note under section 6101 of Title 31, Money and Finance. Pursuant to section 11 of the Act, the Act ceased to be effective 8 years after .

This Act, referred to in subsec. (b)(3), is Pub. L. 116–188, , 134 Stat. 905, known as America’s Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–198, § 206(1), inserted “Partnerships and” after “habitat” in heading and “Partnership operations under section 8204 of this title and” after “to provide funds for” in text and substituted “2030” for “2025”.

Subsec. (a)(2). Pub. L. 118–198, § 206(2), substituted “2030” for “2025” in introductory provisions.

Subsec. (a)(3). Pub. L. 118–198, § 206(3), substituted “2030” for “2025” in introductory provisions.

Credits

2020–2024 · 2 acts
  1. 2020Pub. L. 116–188, title II, § 212, , 134 Stat. 937
  2. 2024Pub. L. 118–198, title II, § 206, , 138 Stat. 2683.
Show as published

(Pub. L. 116–188, title II, § 212, , 134 Stat. 937; Pub. L. 118–198, title II, § 206, , 138 Stat. 2683.)

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