(ii) more than 10 percent of such costs in 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 any fiscal year (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 Regulations. 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. 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: 16 USC 2906. Regulations. (1) Each State and each designated State agency shall keep Recordkeeping such records as the Secretary shall require as being necessary or ss to record. ring; gibility. JSC 2907. appropriate for fully disclosing the amount and purposes of costs incurred by the State for which reimbursement under section 6 is, or may be, sought. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for purposes of audit and examination, to such records. (2) Upon a finding by the Secretary, after notice and opportunity for an agency hearing on the record, that any State has received reimbursement under section 6 for which it is not eligible, or has violated any term or condition imposed under this section, the State shall thereafter be ineligible to receive reimbursement under such section until restitution satisfactory to the Secretary is made, such violation ceases, or adverse effects resulting from such violation are remedied. SEC. 8. ALLOCATION OF FUNDS FOR ADMINISTRATION AND REIMBURSE- (a) IN GENERAL.-The total amount appropriated pursuant to section 11 for any fiscal year shall be available for administration and for allocation among the States as provided in this section. (b) ALLOCATION FORMULA.-Of the total amount appropriated for any fiscal year pursuant to section 11 (1) the Secretary shall deduct so much, but not to exceed 8 percent thereof, as may be necessary for administering during such fiscal year the provisions of this Act relating to the purposes for which so appropriated; (2) less the deduction under paragraph (1), the Secretary shall allocate (A) for the District of Columbia and the Commonwealth of Puerto Rico each a sum equal to not more than one-half of 1 percent of such amount; and (B) for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands each a sum equal to not more than one-sixth of 1 percent of such amount; and (3) less the deduction under paragraph (1) and the sums allocated under paragraph (2), the Secretary shall allocate for each of the States (other than those provided for in paragraph (2)) a sum (A) one-third of which is based on the ratio to which the area of such State bears to the total area of all such States, and (B) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States, except all sums allocated under this paragraph shall be adjusted equitably so that no State shall be allocated a sum which is less than one-half of 1 percent of the amount available for allocation under this paragraph for any fiscal year or more than 5 percent of such amount. (c) TREATMENT OF AMOUNTS ALLOCATED BUT NOT USED FOR ANY FISCAL YEAR. (1) That portion of any amount deducted by the Secretary under subsection (b)(1) for administrative purposes for any fiscal year and not expended during such fiscal year shall remain available for administrative purposes until the close of the next succeeding fiscal year and if not obligated or expended by the close of such succeeding fiscal year shall be available for disbursement by the Secretary without regard to subsection (b), to the States to carry out the purposes of this Act. (2) That portion of any amount allocated to any State under subsection (b) (2) or (3) for any fiscal year and not disbursed to the State for such fiscal years under section 6 shall remain available for disbursement to the State under such section for the next succeeding fiscal year and if not disbursed for such succeeding fiscal year shall be available for disbursement by the Secretary, without regard to subsection (b), to the States to carry out the purposes of this Act. SEC. 9. OTHER FEDERAL ASSISTANCE AND ACTIONS. The Secretary and the chief executive officer of any other appropriate Federal department or agency may loan to any State such personnel and equipment of the department or agency, share such scientific or other appropriate information, and provide such other assistance as the Secretary or officer determines appropriate for purposes of assisting any State to develop or revise conservation plans. SEC. 10. DISCLAIMERS. Nothing in this Act shall be construed as affecting (1) the authority, jurisdiction, or responsibility of the States to manage, control, or regulate fish and resident wildlife under State law; (2) any requirement under State law that lands, waters, and interests therein may only be acquired for conservation purposes if the owner thereof is a willing seller; and (3) the authority of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468–1469; 7 U.S.C. 426–426b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for purposes of making reimbursements under section 6 to States for the development and implementation of conservation plans and for administration of this Act under section 8 not to exceed $5,000,000 for each of fiscal years 1982, 1983, 1984, and 1985. 16 USC 2908. 16 USC 2909. 16 USC 2910. 16 USC 2911. Report to congressional committees. SEC. 12. STUDY. The Director of the United States Fish and Wildlife Service, in consultation with affected parties, shall conduct, out of funds available for the administration of this Act a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this Act, including, but not limited to, funding by means of an excise tax on appropriate items. On or before the expiration of the 30-month period following the date of enactment of this Act, the Director shall report to the Committee on Environment and Public Works of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives the results of such study, together with his recommendations with respect thereto. Approved September 29, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96–168 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 125 (1979): July 9, considered and passed House. Vol. 126 (1980): May 22, S. 2181 considered and passed Senate. Sept. 9, considered and passed Senate, amended, in lieu of S. 2181. Sept. 16, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 40: Public Law 96-376 96th Congress An Act To authorize appropriations for the Coast Guard for fiscal year 1981, to authorize supplemental appropriations for fiscal year 1980, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1981, as follows: (1) for the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction: $1,248,367,000; (2) for the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto: $469,320,000; (3) for the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation: $16,200,000; and Oct. 3, 1980 [S. 2489] Coast Guard, appropriate authorization. (4) for research, development, test, and evaluation: $30,000,000. SEC. 2. For fiscal year 1981, the Coast Guard is authorized an end-of- Active duty year strength for active duty personnel of 39,600: Provided, That the personnel. ceiling shall not include members of the Ready Reserve called to active duty under the authority of section 764 of title 14, United States Code. SEC. 3. For fiscal year 1981, average military training student loads Military for the Coast Guard are authorized as follows: (1) recruit and special training: 4,175 student-years; (2) flight training: 117 student-years; (3) professional training in military and civilian institutions: 595 student-years; and (4) officer acquisition: 925 student-years. SEC. 4. The second sentence of subsection 475(a) of title 14, United States Code, is amended to read as follows: "When any such lease involves housing facilities in a foreign country, the lease may be made on a multiyear basis for a period not to exceed five years, and, in accordance with local custom and practice, advance payment may be made for the lease.". training student loads. Housing leases in foreign countries. extension. SEC. 5. The third sentence of subsection 650(a) of title 14, United Fund, States Code, is amended to read as follows: "In these regulations, procurement whenever the fund is extended to include items not previously stocked, or spare parts obtained as part of a procurement under a different account of major items such as vessels or aircraft, whether or not such parts were previously stocked, the Secretary may authorize an increase in the existing capital of the fund by the value of such usable materials transferred thereto from Coast Guard inventories carried in other accounts.". SEC. 6. The last sentence of subsection 214(d) of title 14, United States Code, is amended to read as follows: "A person who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he |