Page:United States Statutes at Large Volume 94 Part 1.djvu/1377

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-366—SEPT. 29, 1980

94 STAT. 1327

(ii) more than 10 percent of such costs m any such year are accounted for by personal service or other inkind contributions. (3) The amount of the reimbursement paid to any State under this section with respect to anyfiscalyear— (A) may not exceed 75 percent for the development of a conservation plan except that during fiscal years 1982, 1983, and 1984 such amount shall not exceed 90 percent; (B) for the implementation of nongame fish and wildlife conservation actions approved under section 5(c) or (d), may not exceed 75 percent of the cost of implementing the action during such fiscal year, except that if such action is undertaken by two or more States such amount shall not exceed 90 percent; (C) during and after the fiscal year in which the conservation plan of the State is approved under section 5(a), may not exceed 75 percent of the cost of implementing and revising the conservation plan during such fiscal year, or if two or more States cooperate in implementing or revising such plan, such cost shall not exceed 90 percent, and (D) after September 30, 1991, may not exceed— (i) 50 percent of the cost of implementing and revising the plan during the fiscal year, if the approved conservation plan of the State covers only nongame fish and wildlife, or (ii) 75 percent of the cost of implementing and revising the plan during such fiscal year, if the approved conservation plan of the State coordinates and consolidates planning for fish and wildlife. (4)(A) In computing the costs incurred by any State during any fiscal year in developing or revising conservation plans, in implementing approved conservation plans, or in implementing nongame fish and wildlife conservation actions approved under section 5(c) or (d), for which reimbursement may be available under this section, the Secretary shall— (i) take into account, in addition to each outlay, the value of inkind contributions and real and personal property received and applied during such year by the State for such purposes; and (ii) not include any other Federal moneys received by such State and applied by it, directly or indirectly, for such purposes. (B) For purposes of subparagraph (A), inkind contributions may be in the form of, but are not limited to, personal services rendered by volunteers in carrying out surveys, censuses, and other scientific studies regarding fish and wildlife. The Secretary shall by regulation establish (i) the training, experience, and other qualifications which such volunteers must have in order for their services to be considered as inkind contributions; and (ii) the standards under which the Secretary will determine the value of inkind contributions and real and personal property for purposes of subparagraph (A). (C) Any valuation determination made by the Secretary for purposes of this paragraph shall be final and conclusive. SEC. 7. TERMS AND CONDITIONS OF REIMBURSEMENT.

16 USC 2906.

Reimbursements made to the States under section 6 shall be subject to such terms and conditions as the Secretary shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States. Such terms and conditions shall include, but not be limited to, the following: (1) Each State and each designated State agency shall keep Recordkeeping. such records as the Secretary shall require as being necessary or