50 CFR 222.103 - Federal/state cooperation in the conservation of endangered and threatened species.

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§ 222.103 Federal/state cooperation in the conservation of endangered and threatened species.

(a)Application for and renewal of cooperative agreements.

(1) The Assistant Administrator may enter into a Cooperative Agreement with any state that establishes and maintains an active and adequate program for the conservation of resident species listed as endangered or threatened. In order for a state program to be deemed an adequate and active program, the Assistant Administrator must find, and annually reconfirm that the criteria of either sections 6(c)(1) (A) through (E) or sections 6(c)(1) (i) and (ii) of the Act have been satisfied.

(2) Following receipt of an application by a state for a Cooperative Agreement with a copy of a proposed state program, and a determination by the Assistant Administrator that the state program is adequate and active, the Assistant Administrator shall enter into an Agreement with the state.

(3) The Cooperative Agreement, as well as the Assistant Administrator's finding upon which it is based, must be reconfirmed annually to ensure that it reflects new laws, species lists, rules or regulations, and programs and to demonstrate that it is still adequate and active.

(b)Allocation and availability of funds.

(1) The Assistant Administrator shall allocate funds, appropriated for the purpose of carrying out section 6 of the Act, to various states using the following as the basis for the determination:

(i) The international commitments of the United States to protect endangered or threatened species;

(ii) The readiness of a state to proceed with a conservation program consistent with the objectives and purposes of the Act;

(iii) The number of federally listed endangered and threatened species within a state;

(iv) The potential for restoring endangered and threatened species within a state; and

(v) The relative urgency to initiate a program to restore and protect an endangered or threatened species in terms of survival of the species.

(2) Funds allocated to a state are available for obligation during the fiscal year for which they are allocated and until the close of the succeeding fiscal year. Obligation of allocated funds occurs when an award or contract is signed by the Assistant Administrator.

(c)Financial assistance and payments.

(1) A state must enter into a Cooperative Agreement before financial assistance is approved by the Assistant Administrator for endangered or threatened species projects. Specifically, the Agreement must contain the actions that are to be taken by the Assistant Administrator and/or by the state, the benefits to listed species expected to be derived from these actions, and the estimated cost of these actions.

(2) Subsequent to such Agreement, the Assistant Administrator may further agree with a state to provide financial assistance in the development and implementation of acceptable projects for the conservation of endangered and threatened species. Documents to provide financial assistance will consist of an application for Federal assistance and an award or a contract. The availability of Federal funds shall be contingent upon the continued existence of the Cooperative Agreement and compliance with all applicable Federal regulations for grant administration and cost accounting principles.


(i) The payment of the Federal share of costs incurred when conducting activities included under a contract or award shall not exceed 75 percent of the program costs as stated in the agreement. However, the Federal share may be increased to 90 percent when two or more states having a common interest in one or more endangered or threatened resident species, the conservation of which may be enhanced by cooperation of such states, jointly enter into an agreement with the Assistant Administrator.

(ii) The state share of program costs may be in the form of cash or in-kind contributions, including real property, subject to applicable Federal regulations.

(4) Payments of funds, including payment of such preliminary costs and expenses as may be incurred in connection with projects, shall not be made unless all necessary or required documents are first submitted to and approved by the Assistant Administrator. Payments shall only be made for expenditures reported and certified by the state agency. Payments shall be made only to the state office or official designated by the state agency and authorized under the laws of the state to receive public funds for the state.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 742a - Declaration of policy

§ 742b - United States Fish and Wildlife Service

§ 742b-1

§ 742c - Loans for financing or refinancing of cost of purchasing, constructing, equipping, maintaining, repairing, or operating commercial fishing vessels or gear

§ 742c-1

§ 742d - Investigations; preparation and dissemination of information; reports

§ 742d-1

§ 742e - Transfer of functions to Secretary

§ 742f - Powers of Secretaries of the Interior and Commerce

§ 742f-1

§ 742g - Cooperation with State Department

§ 742h - Reports on fishery products

§ 742i - Effect on rights of States and international commissions

§ 742j - Authorization of appropriations

§ 742j-1

§ 742j-2

§ 742k - Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities

§ 742l - Enforcement authority for the protection of fish and wildlife resources

§ 742l-1

§ 742m - Relinquishment of exclusive legislative jurisdiction

§ 743 - Repealed. Pub. L. 93–280, § 1(2), May 10, 1974, 88 Stat. 123

§ 743a - Detail of personnel and loan of equipment to Director of Bureau of Sport Fisheries and Wildlife

§ 744 - Investigations; fish propagation; investigations of damages by predacious fishes; executive assistance

§ 745 - Powers of Secretary

§ 746 - Vessels of Fish and Wildlife Service

§ 746a - Operation and maintenance fees for the M/V Tiglax and other vessels

§ 747 - Omitted

§ 748 - Expenditure of appropriations for propagation of food fishes

§ 749 - Omitted

§ 750 - Station on Mississippi River for rescue of fishes and propagation of mussels

§ 751 - Personnel

§ 752 - Omitted

§ 753 - Cooperative work

§ 753a - Cooperative research and training programs for fish and wildlife resources

§ 753b - Authorization of appropriations

§ 754 - Commutation of rations for officers and crews of vessels of Service

§ 754a - Appropriations for United States Fish and Wildlife Service; purchases from

§ 754b - Funds from private entities credited to Resource Management account

§ 754c - Work under reimbursable agreements; recording obligations and crediting amounts received

§ 754d - Fee schedule for forensic laboratory services

§ 754e - Funds for contaminant sample analyses

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

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