--- kind: "section" citation: "16 U.S.C. § 2904" title: "16" title_heading: "Conservation" number: "2904" heading: "Approval of conservation plans and certain nongame fish and wildlife conservation actions" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/2904" units: - "Chapter 49 — Fish and Wildlife Conservation" --- # §2904. Approval of conservation plans and certain nongame fish and wildlife conservation actions - (a) **Approval by Secretary of plans—** - (1) Any [State](/usc/16/2902.md?p=8) may apply to the [Secretary](/usc/16/2902.md?p=7) for approval of a [conservation plan](/usc/16/2902.md?p=2). - (2) Applications for the approval of [conservation plans](/usc/16/2902.md?p=2) shall be made and reviewed by the [Secretary](/usc/16/2902.md?p=7) in such manner as the [Secretary](/usc/16/2902.md?p=7) shall by regulation prescribe. - (3) As soon as practicable, but not later than 180 days, after the date on which a [State](/usc/16/2902.md?p=8) submits (or resubmits in the case of prior disapproval) an application for the approval of a [conservation plan](/usc/16/2902.md?p=2) the [Secretary](/usc/16/2902.md?p=7) shall— - (A) approve the [conservation plan](/usc/16/2902.md?p=2), and designate it as an [approved conservation plan](/usc/16/2902.md?p=1), if he determines that the plan— - (i) meets the requirements set forth in [section 2903 of this title](/usc/16/2903.md), and - (ii) is substantial in character and design; or - (B) disapprove the [conservation plan](/usc/16/2902.md?p=2) if he determines that— - (i) the plan does not meet the requirements set forth in [section 2903 of this title](/usc/16/2903.md), or - (ii) to implement any part of the plan on the basis of the specifications, determinations, identifications, or priorities therein would threaten the natural stability and continued viability of any of the plan species concerned. If the [Secretary](/usc/16/2902.md?p=7) disapproves a plan, he shall give the [State](/usc/16/2902.md?p=8) concerned a written statement of the reasons for disapproval and provide the [State](/usc/16/2902.md?p=8) opportunity for consultation with respect to deficiencies in the plan and the modifications required for approval. - (b) **Effect of approval of plans—** If the [Secretary](/usc/16/2902.md?p=7) approves the [conservation plan](/usc/16/2902.md?p=2) of any [State](/usc/16/2902.md?p=8) under [subsection (a)](#a)— - (1) that portion of such plan that pertains to wildlife [conservation](/usc/16/2902.md?p=3) shall be deemed to be an approved plan for purposes of section 6(a)(1) of the Act of September 2, 1937 ([16 U.S.C. 669e(a)(1)](/usc/16/669e.md?p=a-1)), commonly referred to as the Pittman-Robertson Wildlife Restoration Act [[16 U.S.C. 669](/usc/16/669.md) et seq.]; and - (2) that portion of such plan that pertains to fish [conservation](/usc/16/2902.md?p=3) shall be deemed to be an approved plan for the purposes of section 6(a)(1) of the Act of August 9, 1950 [[16 U.S.C. 777e(a)(1)](/usc/16/777e.md?p=a-1)] commonly referred to as the Dingell-Johnson Sport Fish Restoration Act [[16 U.S.C. 777](/usc/16/777.md) et seq.]. - (c) **Conservation actions—** If the [Secretary](/usc/16/2902.md?p=7) approves the [conservation plan](/usc/16/2902.md?p=2) of any [State](/usc/16/2902.md?p=8) under [subsection (a)](#a), those [conservation](/usc/16/2902.md?p=3) actions set forth in the plan which pertain to [nongame fish and wildlife](/usc/16/2902.md?p=6) shall be deemed to be eligible as [nongame fish and wildlife](/usc/16/2902.md?p=6) [projects](/usc/16/410r–5.md?p=c-4) for which reimbursement is available under [section 2905 of this title](/usc/16/2905.md). - (d) **Nongame conservation actions in the absence of an approved plan—** In the absence of an [approved conservation plan](/usc/16/2902.md?p=1), and on a showing of need by the [State](/usc/16/2902.md?p=8), the [Secretary](/usc/16/2902.md?p=7) may deem certain [conservation](/usc/16/2902.md?p=3) actions to be [nongame fish and wildlife](/usc/16/2902.md?p=6) [projects](/usc/16/410r–5.md?p=c-4) for which reimbursement is available under [section 2905(a)(3) of this title](/usc/16/2905.md?p=a-3) if they— - (1) are consistent with such of the requirements set forth in [section 2903 of this title](/usc/16/2903.md) as may be appropriate, including, but not limited to, the requirements in paragraphs [(3)](/usc/16/2903.md?p=3), [(4)](/usc/16/2903.md?p=4), [(5)](/usc/16/2903.md?p=5), and [(7)](/usc/16/2903.md?p=7) of such section; and - (2) are substantial in character and design. ## Source credit (Pub. L. 96–366, § 5, Sept. 29, 1980, 94 Stat. 1324.) ## Notes ### Editorial Notes ### References in Text The Pittman-Robertson Wildlife Restoration Act, referred to in subsec. (b)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables. The Dingell-Johnson Sport Fish Restoration Act, referred to in subsec. (b)(2), is act Aug. 9, 1950, ch. 658, 64 Stat. 430, also known as the Federal Aid in Fish Restoration Act and the Fish Restoration and Management Projects Act, which is classified generally to chapter 10B (§ 777 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 777 of this title and Tables.