---
kind: "section"
citation: "16 U.S.C. § 8205"
title: "16"
title_heading: "Conservation"
number: "8205"
heading: "Fish habitat conservation projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/8205"
units:
  - "Chapter 101 — National Fish Habitat Conservation Through Partnerships"
---

# §8205. Fish habitat conservation projects

- (a) **Submission to Board—** Not later than March 31 of each year, each [Partnership](/usc/16/8202.md?p=7) shall submit to the [Board](/usc/16/8202.md?p=2) a list of priority fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4) recommended by the [Partnership](/usc/16/8202.md?p=7) for annual funding under this chapter.
- (b) **Recommendations by Board—** Not later than July 1 of each year, the [Board](/usc/16/8202.md?p=2) shall submit to the [Secretary](/usc/16/8202.md?p=10) a priority list of fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4) that includes a description, including estimated costs, of each [project](/usc/16/410r–5.md?p=c-4) that the [Board](/usc/16/8202.md?p=2) recommends that the [Secretary](/usc/16/8202.md?p=10) approve and fund under this chapter.
- (c) **Criteria for project selection—** The [Board](/usc/16/8202.md?p=2) shall select each fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) recommended to the [Secretary](/usc/16/8202.md?p=10) under [subsection (b)](#b) after [taking](/usc/16/3102.md?p=18) into consideration, at a minimum, the following information:
  - (1) A recommendation of the [Partnership](/usc/16/8202.md?p=7) that is, or will be, participating actively in implementing the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4).
  - (2) The capabilities and experience of [project](/usc/16/410r–5.md?p=c-4) proponents to implement successfully the proposed [project](/usc/16/410r–5.md?p=c-4).
  - (3) The extent to which the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4)—
    - (A) fulfills a local or regional priority that is directly linked to the strategic plan of the [Partnership](/usc/16/8202.md?p=7) and is consistent with the purpose of this chapter;
    - (B) addresses the national priorities established by the [Board](/usc/16/8202.md?p=2);
    - (C) is supported by the findings of the habitat assessment of the [Partnership](/usc/16/8202.md?p=7) or the [Board](/usc/16/8202.md?p=2), and aligns or is compatible with other conservation plans;
    - (D) identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures;
    - (E) provides a well-defined budget linked to deliverables and outcomes;
    - (F) leverages other funds to implement the [project](/usc/16/410r–5.md?p=c-4);
    - (G) addresses the causes and processes behind the decline of fish or fish habitats; and
    - (H) includes an outreach or education component that includes the local or regional community.
  - (4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4), as required by [subsection (e)](#e).
  - (5) The extent to which the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4)—
    - (A) will increase fish populations in a manner that leads to recreational fishing opportunities for the public;
    - (B) will be carried out through a cooperative agreement among Federal, [State](/usc/16/8202.md?p=11), and local governments, [Indian Tribes](/usc/16/544.md?p=g), and private entities;
    - (C) increases public access to land or water for [fish and wildlife](/usc/16/3102.md?p=17)-dependent recreational opportunities;
    - (D) advances the conservation of [fish and wildlife](/usc/16/3102.md?p=17) species that have been identified by a [State agency](/usc/16/8202.md?p=12) as species of greatest conservation need;
    - (E) where appropriate, advances the conservation of fish and fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](/usc/16/1801.md) et seq.) and other relevant Federal law and [State](/usc/16/8202.md?p=11) wildlife action plans; and
    - (F) promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt.
  - (6) The substantiality of the character and design of the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4).
- (d) **Limitations—**
  - (1) **Requirements for evaluation—** No fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) may be recommended by the [Board](/usc/16/8202.md?p=2) under [subsection (b)](#b) or provided financial assistance under this chapter unless the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) includes an evaluation plan designed using applicable [Board](/usc/16/8202.md?p=2) guidance—
    - (A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;
    - (B) to reflect appropriate changes to the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) if the assessment substantiates that the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) objectives are not being met;
    - (C) to identify improvements to existing fish populations, recreational fishing opportunities, and the overall economic benefits for the local community of the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4); and
    - (D) to require the submission to the [Board](/usc/16/8202.md?p=2) of a report describing the findings of the assessment.
  - (2) **Acquisition authorities—**
    - (A) **In general—** A [State](/usc/16/8202.md?p=11), local government, or other non-Federal entity is eligible to receive funds for the [acquisition](/usc/16/620e.md?p=1) of real property from willing sellers under this chapter if the [acquisition](/usc/16/620e.md?p=1) ensures—
      - (i) public access for [fish and wildlife](/usc/16/3102.md?p=17)-dependent recreation; or
      - (ii) a scientifically based, direct enhancement to the health of fish and fish populations, as determined by the [Board](/usc/16/8202.md?p=2).
    - (B) **State agency approval—**
      - (i) **In general—** All [real property interest](/usc/16/8202.md?p=8) [acquisition](/usc/16/620e.md?p=1) [projects](/usc/16/410r–5.md?p=c-4) funded under this chapter must be approved by the [State agency](/usc/16/8202.md?p=12) in the [State](/usc/16/8202.md?p=11) in which the [project](/usc/16/410r–5.md?p=c-4) is occurring.
      - (ii) **Prohibition—** The [Board](/usc/16/8202.md?p=2) may not recommend, and the [Secretary](/usc/16/8202.md?p=10) may not provide any funding for, any [real property interest](/usc/16/8202.md?p=8) [acquisition](/usc/16/620e.md?p=1) that has not been approved by the [State agency](/usc/16/8202.md?p=12).
    - (C) **Assessment of other authorities—** The [Board](/usc/16/8202.md?p=2) may not recommend, and the [Secretary](/usc/16/8202.md?p=10) may not provide any funding under this chapter for, any [real property interest](/usc/16/8202.md?p=8) [acquisition](/usc/16/620e.md?p=1) unless the [Partnership](/usc/16/8202.md?p=7) that recommended the [project](/usc/16/410r–5.md?p=c-4) has conducted a [project](/usc/16/410r–5.md?p=c-4) assessment, submitted with the funding request and approved by the [Board](/usc/16/8202.md?p=2), to demonstrate all other Federal, [State](/usc/16/8202.md?p=11), and local authorities for the [acquisition](/usc/16/620e.md?p=1) of real property have been exhausted.
    - (D) **Restrictions—** A [real property interest](/usc/16/8202.md?p=8) may not be acquired pursuant to a fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) by a [State](/usc/16/8202.md?p=11), local government, or other non-Federal entity conducted with funds provided under this chapter, unless—
      - (i) the [owner](/usc/16/429b–3.md?p=4) of the real property authorizes the [State](/usc/16/8202.md?p=11), local government, or other non-Federal entity to [acquire](/usc/16/620e.md?p=1) the real property; and
      - (ii) the [Secretary](/usc/16/8202.md?p=10) and the [Board](/usc/16/8202.md?p=2) determine that the [State](/usc/16/8202.md?p=11), local government, or other non-Federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a [Partnership](/usc/16/8202.md?p=7).
- (e) **Non-Federal contributions—**
  - (1) **In general—** The non-Federal share of the total cost of all fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4) carried out by a [Partnership](/usc/16/8202.md?p=7) each year shall be at least 50 percent.
  - (2) **Non-Federal share—** The non-Federal share described in [paragraph (1)](#e-1)—
    - (A) may not be derived from another Federal grant program; and
    - (B) may include in-kind contributions and cash.
  - (3) **Special rule for Indian Tribes—** Notwithstanding [paragraph (1)](#e-1) or any other provision of law, any funds made available to an [Indian Tribe](/usc/16/8202.md?p=5) pursuant to this chapter may be considered to be non-Federal funds for the purpose of [paragraph (1)](#e-1).
  - (4) **Waiver authority—** The [Secretary](/usc/16/8202.md?p=10), in consultation with the [Secretary](/usc/16/8202.md?p=10) of Commerce with respect to marine or estuarine [projects](/usc/16/410r–5.md?p=c-4), may waive the application of [paragraph (2)(A)](#e-2-A) with respect to a [State](/usc/16/8202.md?p=11) or an [Indian Tribe](/usc/16/8202.md?p=5), or otherwise reduce the portion of the non-Federal share of the cost of an activity required to be paid by a [State](/usc/16/8202.md?p=11) or an [Indian Tribe](/usc/16/8202.md?p=5) under [paragraph (1)](#e-1), if the [Secretary](/usc/16/8202.md?p=10) determines that the [State](/usc/16/8202.md?p=11) or [Indian Tribe](/usc/16/8202.md?p=5) does not have sufficient funds not derived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans.
- (f) **Approval—**
  - (1) **In general—** Not later than 90 days after the date of receipt of the recommended priority list of fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4) under [subsection (b)](#b), and subject to [subsection (d)](#d) and based, to the maximum extent practicable, on the criteria described in [subsection (c)](#c), the [Secretary](/usc/16/8202.md?p=10), after consulting with the [Secretary](/usc/16/8202.md?p=10) of Commerce on marine or estuarine [projects](/usc/16/410r–5.md?p=c-4), shall approve or reject any fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) recommended by the [Board](/usc/16/8202.md?p=2).
  - (2) **Funding—** If the [Secretary](/usc/16/8202.md?p=10) approves a fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) under [paragraph (1)](#f-1), the [Secretary](/usc/16/8202.md?p=10) shall use amounts made available to carry out this chapter to provide funds to carry out the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4).
  - (3) **Notification—** If the [Secretary](/usc/16/8202.md?p=10) rejects under [paragraph (1)](#f-1) any fish habitat conservation [project](/usc/16/410r–5.md?p=c-4) recommended by the [Board](/usc/16/8202.md?p=2), not later than 90 days after the date of receipt of the recommendation, the [Secretary](/usc/16/8202.md?p=10) shall provide to the [Board](/usc/16/8202.md?p=2), the appropriate [Partnership](/usc/16/8202.md?p=7), and the [appropriate congressional committees](/usc/16/8202.md?p=1) a written statement of the reasons that the [Secretary](/usc/16/8202.md?p=10) rejected the fish habitat conservation [project](/usc/16/410r–5.md?p=c-4).

## Source credit

(Pub. L. 116–188, title II, § 205, Oct. 30, 2020, 134 Stat. 931; Pub. L. 118–198, title II, § 203, Dec. 23, 2024, 138 Stat. 2682.)

## Notes

### Editorial Notes

### References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c)(5)(E), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

### Amendments

2024—Subsec. (b). Pub. L. 118–198, § 203(1), struck out “for the following fiscal year” before period at end.

Subsec. (e)(1). Pub. L. 118–198, § 203(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds.”

Subsec. (e)(2). Pub. L. 118–198, § 203(2)(B), substituted “The non-Federal share described in paragraph (1)” for “Such non-Federal share of the cost of a fish habitat conservation project” in introductory provisions.