US (United States) Code. Title 16. Chapter 10B: Fish restoration and management projects

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 10B - FISH RESTORATION AND MANAGEMENT

PROJECTS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

.

-HEAD-

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-MISC1-

Sec.

777. Federal-State relationships.

(a) Cooperation between Federal Government and State

fish and game departments; expenditure of

funds.

(b) Allocation of amounts by coastal States between

marine fish projects and freshwater fish

projects.

777a. Definitions.

777b. Authorization of appropriations.

777c. Division of annual appropriations.

(a) Initial distribution.

(b) Use of balance after distribution.

(c) National Outreach and Communications Program.

(d) Set-aside for expenses for administration of this

chapter.

(e) Apportionment among States.

(f) Unallocated funds.

(g) Expenses for administration of certain programs.

777d. Certification of funds deducted for expenses and amounts

apportioned to States.

777e. Submission and approval of plans and projects.

(a) Apportionment of funds.

(b) ''Project'' defined.

(c) Costs.

(d) Agreements to finance initial costs of

acquisition of lands and construction of

structures.

777e-1. New England Fishery Resources Restoration Act of 1990.

(a) Short title.

(b) Purposes.

(c) Implementation of fishery resource restoration

plans.

(d) Fish passage study.

(e) New England rivers fish and wildlife inventory.

(f) Authorization of appropriations.

777f. Payments by United States.

(a) Payments and advances to States.

(b) Construction work; joint payments.

777g. Maintenance of projects.

(a) Duty of States; status of projects; title to

property.

(b) Funding requirements.

(c) Aquatic resource education program; funding, etc.

(d) National Outreach and Communications Program.

(e) State outreach and communications program.

(f) Pumpout stations and waste reception facilities.

(g) Surveys.

777g-1. Boating infrastructure.

(a) Purpose.

(b) Omitted.

(c) Plan.

(d) Grant program.

(e) Definitions.

777h. Requirements and restrictions concerning use of amounts for

expenses for administration.

(a) Authorized expenses for administration.

(b) Reporting of other uses.

(c) Restriction on use to supplement general

appropriations.

(d) Audit requirement.

777i. Rules and regulations.

777j. Repealed.

777k. Payments of funds to and cooperation with Puerto Rico, the

District of Columbia, Guam, American Samoa, Commonwealth of the

Northern Mariana Islands, and Virgin Islands.

777l. State use of contributions.

777m. Multistate conservation grant program.

(a) In general.

(b) Selection of projects.

(c) Eligible grantees.

(d) Use of grants.

(e) Funding for other activities.

(f) Nonapplicability of Federal Advisory Committee

Act.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 669k, 742b-1, 1225, 2904,

2905, 3125 of this title; title 25 sections 1709, 1745; title 26

section 9504; title 46 section 13101.

-CITE-

16 USC Sec. 777 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777. Federal-State relationships

-STATUTE-

(a) Cooperation between Federal Government and State fish and game

departments; expenditure of funds

The Secretary of the Interior is authorized and directed to

cooperate with the States through their respective State fish and

game departments in fish restoration and management projects as

hereinafter set forth: No money apportioned under this chapter to

any State, except as hereinafter provided, shall be expended

therein until its legislature, or other State agency authorized by

the State constitution to make laws governing the conservation of

fish, shall have assented to the provisions of this chapter and

shall have passed laws for the conservation of fish, which shall

include a prohibition against the diversion of license fees paid by

fishermen for any other purpose than the administration of said

State fish and game department, except that, until the final

adjournment of the first regular session of the legislature held

after passage of this chapter, the assent of the governor of the

State shall be sufficient. The Secretary of the Interior and the

State fish and game department of each State accepting the benefits

of this chapter shall agree upon the fish restoration and

management projects to be aided in such State under the terms of

this chapter, and all projects shall conform to the standards fixed

by the Secretary of the Interior.

(b) Allocation of amounts by coastal States between marine fish

projects and freshwater fish projects

(1) In general

Subject to paragraph (2), each coastal State, to the extent

practicable, shall equitably allocate amounts apportioned to such

State under this chapter between marine fish projects and

freshwater fish projects in the same proportion as the estimated

number of resident marine anglers and the estimated number of

resident freshwater anglers, respectively, bear to the estimated

number of all resident anglers in that State.

(2) Preservation of freshwater project allocation at 1988 level

(A) Subject to subparagraph (B), the amount allocated by a

State pursuant to this subsection to freshwater fish projects for

each fiscal year shall not be less than the amount allocated by

such State to such projects for fiscal year 1988.

(B) Subparagraph (A) shall not apply to a State with respect to

any fiscal year for which the amount apportioned to the State

under this chapter is less than the amount apportioned to the

State under this chapter for fiscal year 1988.

(3) ''Coastal State'' defined

As used in this subsection, the term ''coastal State'' means

any one of the States of Alabama, Alaska, California,

Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana,

Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New

Jersey, New York, North Carolina, Oregon, Rhode Island, South

Carolina, Texas, Virginia, and Washington. The term also includes

the Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 1, 64 Stat. 430; Pub. L. 98-369, div.

A, title X, Sec. 1014(a)(1), July 18, 1984, 98 Stat. 1015; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-448,

Sec. 6(c)(1), Sept. 28, 1988, 102 Stat. 1840.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-448 substituted ''Allocation of

amounts by coastal States between marine fish projects and

freshwater fish projects'' for ''Allocation of funds by coastal

States; formula; 'coastal State' defined'' in heading and amended

text generally. Prior to amendment, text read as follows: ''Each

coastal State, to the extent practicable, shall equitably allocate

the following sums between marine fish projects and freshwater fish

projects in the same proportion as the estimated number of resident

marine anglers and the estimated number of resident freshwater

anglers, respectively, bear to the estimated number of all resident

anglers in that State:

''(1) The additional sums apportioned to such State under this

chapter as a result of the taxes imposed by the amendments made

by section 1015 of the Tax Reform Act of 1984 on items not taxed

under section 4161(a) of title 26 before October 1, 1984.

''(2) The sums apportioned to such State under this chapter

that are not attributable to any tax imposed by such section

4161(a).

As used in this subsection, the term 'coastal State' means any one

of the States of Alabama, Alaska, California, Connecticut,

Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland,

Massachusetts, Mississippi, New Hampshire, New Jersey, New York,

North Carolina, Oregon, Rhode Island, South Carolina, Texas,

Virginia, and Washington. The term also includes the Commonwealth

of Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Marianas.''

1986 - Subsec. (b)(1). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which

for purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1984 - Pub. L. 98-369 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 6(e) of Pub. L. 100-448 provided that: ''This section

(enacting section 777l of this title, amending this section,

sections 9503 and 9504 of Title 26, Internal Revenue Code, and

sections 13102 and 13106 of Title 46, Shipping, enacting provisions

set out as a note under section 13101 of Title 46, and repealing

provisions set out as a note under section 13103 of Title 46) shall

take effect October 1, 1988.''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1014(b) of Pub. L. 98-369 provided that: ''The amendments

made by subsection (a) (amending this section and sections 777b,

777c to 777e, 777g, and 777k of this title) shall take effect on

October 1, 1984, and shall apply with respect to fiscal years

beginning after September 30, 1984.''

EFFECTIVE DATE

Section 13 of act Aug. 9, 1950, which provided that the effective

date of this chapter was July 1, 1950, was repealed by Pub. L.

106-408, title I, Sec. 122(a)(1), Nov. 1, 2000, 114 Stat. 1772.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-178, title VII, Sec. 7401(a), June 9, 1998, 112 Stat.

482, provided that: ''This subtitle (subtitle D (Sec. 7401-7405) of

title VII of Pub. L. 105-178, enacting section 777g-1 of this title

and amending sections 777a, 777c, and 777g of this title and

sections 13104 and 13106 of Title 46, Shipping) may be cited as the

'Sportfishing and Boating Safety Act of 1998'.''

SHORT TITLE OF 1970 AMENDMENT

Section 204 of title II of Pub. L. 91-503, Oct. 23, 1970, 84

Stat. 1104, provided that: ''This title (amending sections 777c,

777e to 777g, and 777k of this title) may be cited as the 'Federal

Aid in Fish Restoration Act Amendments of 1970'.''

SHORT TITLE

Act Aug. 9, 1950, ch. 658, Sec. 15, as added by Pub. L. 106-408,

title I, Sec. 101(c), Nov. 1, 2000, 114 Stat. 1763, provided that:

''This Act (enacting this chapter) may be cited as the

'Dingell-Johnson Sport Fish Restoration Act'.''

Act Aug. 9, 1950, ch. 658, as amended, is also popularly known as

the ''Federal Aid in Fish Restoration Act'' and the ''Fish

Restoration and Management Projects Act''.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior in view of: creation of National Oceanic and

Atmospheric Administration in Department of Commerce and Office of

Administrator of such Administration; abolition of Bureau of

Commercial Fisheries in Department of the Interior and Office of

Director of such Bureau; transfers of functions, including

functions formerly vested by law in Secretary of the Interior or

Department of the Interior which were administered through Bureau

of Commercial Fisheries or were primarily related to such Bureau,

exclusive of certain enumerated functions with respect to Great

Lakes fishery research, Missouri River Reservoir research,

Gulf-Breeze Biological Laboratory, and Trans-Alaska pipeline

investigations; and transfer of marine sport fish program of Bureau

of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff.

Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix

to Title 5, Government Organization and Employees.

-MISC5-

FISHERIES RESTORATION AND IRRIGATION MITIGATION

Pub. L. 106-502, Nov. 13, 2000, 114 Stat. 2294, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Fisheries Restoration and

Irrigation Mitigation Act of 2000'.

''SEC. 2. DEFINITIONS.

''In this Act:

''(1) Pacific ocean drainage area. - The term 'Pacific Ocean

drainage area' means the area comprised of portions of the States

of Oregon, Washington, Montana, and Idaho from which water drains

into the Pacific Ocean.

''(2) Program. - The term 'Program' means the Fisheries

Restoration and Irrigation Mitigation Program established by

section 3(a).

''(3) Secretary. - The term 'Secretary' means the Secretary of

the Interior, acting through the Director of the United States

Fish and Wildlife Service.

''SEC. 3. ESTABLISHMENT OF THE PROGRAM.

''(a) Establishment. - There is established the Fisheries

Restoration and Irrigation Mitigation Program within the Department

of the Interior.

''(b) Goals. - The goals of the Program are -

''(1) to decrease fish mortality associated with the withdrawal

of water for irrigation and other purposes without impairing the

continued withdrawal of water for those purposes; and

''(2) to decrease the incidence of juvenile and adult fish

entering water supply systems.

''(c) Impacts on Fisheries. -

''(1) In general. - Under the Program, the Secretary, in

consultation with the heads of other appropriate agencies, shall

develop and implement projects to mitigate impacts to fisheries

resulting from the construction and operation of water diversions

by local governmental entities (including soil and water

conservation districts) in the Pacific Ocean drainage area.

''(2) Types of projects. - Projects eligible under the Program

may include -

''(A) the development, improvement, or installation of -

''(i) fish screens;

''(ii) fish passage devices; and

''(iii) other related features agreed to by non-Federal

interests, relevant Federal and tribal agencies, and affected

States; and

''(B) inventories by the States on the need and priority for

projects described in clauses (i) through (iii).

''(3) Priority. - The Secretary shall give priority to any

project that has a total cost of less than $5,000,000.

''SEC. 4. PARTICIPATION IN THE PROGRAM.

''(a) Non-Federal. -

''(1) In general. - Non-Federal participation in the Program

shall be voluntary.

''(2) Federal action. - The Secretary shall take no action that

would result in any non-Federal entity being held financially

responsible for any action under the Program, unless the entity

applies to participate in the Program.

''(b) Federal. - Development and implementation of projects under

the Program on land or facilities owned by the United States shall

be nonreimbursable Federal expenditures.

''SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.

''Evaluation and prioritization of projects for development under

the Program shall be conducted on the basis of -

''(1) benefits to fish species native to the project area,

particularly to species that are listed as being, or considered

by Federal or State authorities to be, endangered, threatened, or

sensitive;

''(2) the size and type of water diversion;

''(3) the availability of other funding sources;

''(4) cost effectiveness; and

''(5) additional opportunities for biological or water delivery

system benefits.

''SEC. 6. ELIGIBILITY REQUIREMENTS.

''(a) In General. - A project carried out under the Program shall

not be eligible for funding unless -

''(1) the project meets the requirements of the Secretary, as

applicable, and any applicable State requirements; and

''(2) the project is agreed to by all Federal and non-Federal

entities with authority and responsibility for the project.

''(b) Determination of Eligibility. - In determining the

eligibility of a project under this Act, the Secretary shall -

''(1) consult with other Federal, State, tribal, and local

agencies; and

''(2) make maximum use of all available data.

''SEC. 7. COST SHARING.

''(a) Non-Federal Share. - The non-Federal share of the cost of

development and implementation of any project under the Program on

land or at a facility that is not owned by the United States shall

be 35 percent.

''(b) Non-Federal Contributions. - The non-Federal participants

in any project under the Program on land or at a facility that is

not owned by the United States shall provide all land, easements,

rights-of-way, dredged material disposal areas, and relocations

necessary for the project.

''(c) Credit for Contributions. - The value of land, easements,

rights-of-way, dredged material disposal areas, and relocations

provided under subsection (b) for a project shall be credited

toward the non-Federal share of the costs of the project.

''(d) Additional Costs. -

''(1) Non-federal responsibilities. - The non-Federal

participants in any project carried out under the Program on land

or at a facility that is not owned by the United States shall be

responsible for all costs associated with operating, maintaining,

repairing, rehabilitating, and replacing the project.

''(2) Federal responsibility. - The Federal Government shall be

responsible for costs referred to in paragraph (1) for projects

carried out on Federal land or at a Federal facility.

''SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.

''A project that receives funds under this Act shall be

ineligible to receive Federal funds from any other source for the

same purpose.

''SEC. 9. REPORT.

''On the expiration of the third fiscal year for which amounts

are made available to carry out this Act, the Secretary shall

submit to Congress a report describing -

''(1) the projects that have been completed under this Act;

''(2) the projects that will be completed with amounts made

available under this Act during the remaining fiscal years for

which amounts are authorized to be appropriated under section 10;

and

''(3) recommended changes to the Program as a result of

projects that have been carried out under this Act.

''SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

''(a) In General. - There is authorized to be appropriated to

carry out this Act $25,000,000 for each of fiscal years 2001

through 2005.

''(b) Limitations. -

''(1) Single state. -

''(A) In general. - Except as provided in subparagraph (B),

not more than 25 percent of the total amount of funds made

available under this section may be used for one or more

projects in any single State.

''(B) Waiver. - On notification to Congress, the Secretary

may waive the limitation under subparagraph (A) if a State is

unable to use the entire amount of funding made available to

the State under this Act.

''(2) Administrative expenses. - Not more than 6 percent of the

funds authorized under this section for any fiscal year may be

used for Federal administrative expenses of carrying out this

Act.''

-CITE-

16 USC Sec. 777a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777a. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term ''fish restoration and management projects'' shall

be construed to mean projects designed for the restoration and

management of all species of fish which have material value in

connection with sport or recreation in the marine and/or fresh

waters of the United States and include -

(A) such research into problems of fish management and

culture as may be necessary to efficient administration

affecting fish resources;

(B) the acquisition of such facts as are necessary to guide

and direct the regulation of fishing by law, including the

extent of the fish population, the drain on the fish supply

from fishing and/or natural causes, the necessity of legal

regulation of fishing, and the effects of any measures of

regulation that are applied;

(C) the formulation and adoption of plans of restocking

waters with food and game fishes according to natural areas or

districts to which such plans are applicable, together with the

acquisition of such facts as are necessary to the formulation,

execution, and testing the efficacy of such plans;

(D) the selection, restoration, rehabilitation, and

improvement of areas of water or land adaptable as hatching,

feeding, resting, or breeding places for fish, including

acquisition by purchase, condemnation, lease, or gift of such

areas or estates or interests therein as are suitable or

capable of being made suitable therefor, and the construction

thereon or therein of such works as may be necessary to make

them available for such purposes, and such preliminary or

incidental costs and expenses as may be incurred in and about

such works; the term ''State fish and game department'' shall

be construed to mean and include any department or division of

department of another name, or commission, or official or

officials, of a State empowered under its laws to exercise the

functions ordinarily exercised by a State fish and game

department;

(2) the term ''outreach and communications program'' means a

program to improve communications with anglers, boaters, and the

general public regarding angling and boating opportunities, to

reduce barriers to participation in these activities, to advance

adoption of sound fishing and boating practices, to promote

conservation and the responsible use of the Nation's aquatic

resources, and to further safety in fishing and boating; and

(3) the term ''aquatic resource education program'' means a

program designed to enhance the public's understanding of aquatic

resources and sportfishing, and to promote the development of

responsible attitudes and ethics toward the aquatic environment.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 2, 64 Stat. 431; July 2, 1956, ch.

489, Sec. 3, 70 Stat. 473; Pub. L. 86-624, Sec. 12, July 12, 1960,

74 Stat. 413; Pub. L. 105-178, title VII, Sec. 7402(a), June 9,

1998, 112 Stat. 483.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178 inserted introductory provisions ''For

purposes of this chapter - '', designated existing provisions as

par. (1), substituted ''the term'' for ''For the purpose of this

chapter the term'', redesignated subsecs. (a) to (d) as subpars.

(A) to (D), respectively, of par. (1), substituted ''department;''

for ''department.'' at end of subpar. (D), realigned margins, and

added pars. (2) and (3).

1960 - Subsec. (d). Pub. L. 86-624 struck out provisions which

defined ''State'' as including the several States and the Territory

of Hawaii.

1956 - Act July 2, 1956, included definition of ''State''.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 2, 1956, as applicable only with respect to

fiscal years beginning after July 2, 1956, see section 5 of act

July 2, 1956, set out as a note under section 669a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777k of this title.

-CITE-

16 USC Sec. 777b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777b. Authorization of appropriations

-STATUTE-

To carry out the provisions of this chapter for fiscal years

after September 30, 1984, there are authorized to be appropriated

from the Sport Fish Restoration Account established by section

9504(a) of title 26 the amounts paid, transferred, or otherwise

credited to that Account. For purposes of the provision of the Act

of August 31, 1951, which refers to this section, such amounts

shall be treated as the amounts that are equal to the revenues

described in this section. The appropriation made under the

provisions of this section for each fiscal year shall continue

available during the succeeding fiscal year. So much of such

appropriation apportioned to any State for any fiscal year as

remains unexpended at the close thereof is authorized to be made

available for expenditure in that State until the close of the

succeeding fiscal year. Any amount apportioned to any State under

the provisions of this chapter which is unexpended or unobligated

at the end of the period during which it is available for

expenditure on any project is authorized to be made available for

expenditure by the Secretary of the Interior in carrying on the

research program of the Fish and Wildlife Service in respect to

fish of material value for sport and recreation.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 3, 64 Stat. 431; Pub. L. 98-369, div.

A, title X, Sec. 1014(a)(2), July 18, 1984, 98 Stat. 1015; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The provision of the Act of August 31, 1951, referred to in text,

is set out as a note below.

-MISC2-

AMENDMENTS

1986 - Pub. L. 99-514 substituted ''Internal Revenue Code of

1986'' for ''Internal Revenue Code of 1954'', which for purposes of

codification was translated as ''title 26'' thus requiring no

change in text.

1984 - Pub. L. 98-369 substituted ''To carry out the provisions

of this chapter for fiscal years after September 30, 1984, there

are authorized to be appropriated from the Sport Fish Restoration

Account established by section 9504(a) of title 26 the amounts

paid, transferred, or otherwise credited to that Account. For

purposes of the provision of the Act of August 31, 1951, which

refers to this section, such amounts shall be treated as the

amounts that are equal to the revenues described in this section''

for ''To carry out the provisions of this chapter, there is hereby

authorized to be appropriated an amount equal to the revenue

accruing from tax imposed by section 3406 of the Internal Revenue

Code, as heretofore of hereafter extended and amended, on fishing

rods, creels, reels, and artificial lures, baits, and flies during

the fiscal year ending June 30, 1951, and each fiscal year

thereafter''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-MISC5-

AVAILABILITY OF FUNDS UNTIL EXPENDED

Section 101 of act Aug. 31, 1951, ch. 375, title I, 65 Stat. 262,

provided that: ''For carrying out the provisions of the Act of

August 9, 1950 (Public Law 681) (this chapter), amounts equal to

the revenues described in section 3 of said Act (this section) and

credited during the next preceding fiscal year and each fiscal year

thereafter, to remain available until expended.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 777c, 777m of this title.

-CITE-

16 USC Sec. 777c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777c. Division of annual appropriations

-STATUTE-

(a) Initial distribution

The Secretary of the Interior shall distribute 18 per centum of

each annual appropriation made in accordance with the provisions of

section 777b of this title as provided in the Coastal Wetlands

Planning, Protection, (FOOTNOTE 1) and Restoration Act (title III,

Public Law 101-646) (16 U.S.C. 3951 et seq.). Notwithstanding the

provisions of section 777b of this title, such sums shall remain

available to carry out such Act through fiscal year 2009.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(b) Use of balance after distribution

(1) Fiscal year 1998

In fiscal year 1998, an amount equal to $20,000,000 of the

balance remaining after the distribution under subsection (a) of

this section shall be transferred to the Secretary of

Transportation and shall be expended for State recreational

boating safety programs under section 13106(a)(1) of title 46.

(2) Fiscal year 1999

For fiscal year 1999, of the balance of each annual

appropriation remaining after making the distribution under

subsection (a) of this section, an amount equal to $74,000,000,

reduced by 82 percent of the amount appropriated for that fiscal

year from the Boat Safety Account of the Aquatic Resources Trust

Fund established by section 9504 of title 26 to carry out the

purposes of section 13106(a) of title 46, shall be used as

follows:

(A) $10,000,000 shall be available to the Secretary of the

Interior for 3 fiscal years for obligation for qualified

projects under section 5604(c) of the Clean Vessel Act of 1992

(33 U.S.C. 1322 note).

(B) The balance remaining after the application of

subparagraph (A) shall be transferred to the Secretary of

Transportation and shall be expended for State recreational

boating safety programs under section 13106 of title 46.

(3) Fiscal years 2000-2003

For each of fiscal years 2000 through 2003, of the balance of

each annual appropriation remaining after making the distribution

under subsection (a) of this section, an amount equal to

$82,000,000, reduced by 82 percent of the amount appropriated for

that fiscal year from the Boat Safety Account of the Aquatic

Resources Trust Fund established by section 9504 of title 26 to

carry out the purposes of section 13106(a) of title 46, shall be

used as follows:

(A) $10,000,000 shall be available for each fiscal year to

the Secretary of the Interior for 3 fiscal years for obligation

for qualified projects under section 5604(c) of the Clean

Vessel Act of 1992 (33 U.S.C. 1322 note).

(B) $8,000,000 shall be available for each fiscal year to the

Secretary of the Interior for 3 fiscal years for obligation for

qualified projects under section 777g-1(d) of this title.

(C) The balance remaining after the application of

subparagraphs (A) and (B) shall be transferred for each such

fiscal year to the Secretary of Transportation and shall be

expended for State recreational boating safety programs under

section 13106 of title 46.

(4) Transfer of certain funds

Amounts available under subparagraph (A) of paragraph (2) and

subparagraphs (A) and (B) of paragraph (3) that are unobligated

by the Secretary of the Interior after 3 fiscal years shall be

transferred to the Secretary of Transportation and shall be

expended for State recreational boating safety programs under

section 13106(a) of title 46.

(c) National Outreach and Communications Program

Of the balance of each such annual appropriation remaining after

making the distribution under subsections (a) and (b) of this

section, respectively, an amount equal to -

(1) $5,000,000 for fiscal year 1999;

(2) $6,000,000 for fiscal year 2000;

(3) $7,000,000 for fiscal year 2001;

(4) $8,000,000 for fiscal year 2002; and

(5) $10,000,000 for fiscal year 2003;

shall be used for the National Outreach and Communications Program

under section 777g(d) of this title. Such amounts shall remain

available for 3 fiscal years, after which any portion thereof that

is unobligated by the Secretary of the Interior for that program

may be expended by the Secretary under subsection (e) of this

section.

(d) Set-aside for expenses for administration of this chapter

(1) In general

(A) Set-aside

For fiscal year 2001 and each fiscal year thereafter, of the

balance of each such annual appropriation remaining after the

distribution and use under subsections (a), (b), and (c) of

this section and section 777m of this title, the Secretary of

the Interior may use not more than the available amount

specified in subparagraph (B) for the fiscal year for expenses

for administration incurred in implementation of this chapter,

in accordance with this subsection and section 777h of this

title.

(B) Available amounts

The available amount referred to in subparagraph (A) is -

(i) for each of fiscal years 2001 and 2002, $9,000,000;

(ii) for fiscal year 2003, $8,212,000; and

(iii) for fiscal year 2004 and each fiscal year thereafter,

the sum of -

(I) the available amount for the preceding fiscal year;

and

(II) the amount determined by multiplying -

(aa) the available amount for the preceding fiscal

year; and

(bb) the change, relative to the preceding fiscal year,

in the Consumer Price Index for All Urban Consumers

published by the Department of Labor.

(2) Period of availability; apportionment of unobligated amounts

(A) Period of availability

For each fiscal year, the available amount under paragraph

(1) shall remain available for obligation for use under that

paragraph until the end of the fiscal year.

(B) Apportionment of unobligated amounts

Not later than 60 days after the end of a fiscal year, the

Secretary of the Interior shall apportion among the States any

of the available amount under paragraph (1) that remains

unobligated at the end of the fiscal year, on the same basis

and in the same manner as other amounts made available under

this chapter are apportioned among the States under subsection

(e) of this section for the fiscal year.

(e) Apportionment among States

The Secretary of the Interior, after the distribution, transfer,

use, and deduction under subsections (a), (b), (c), and (d) of this

section, respectively, and after deducting amounts used for grants

under section 777m of this title, shall apportion the remainder of

each such annual appropriation among the several States in the

following manner: 40 per centum in the ratio which the area of each

State including coastal and Great Lakes waters (as determined by

the Secretary of the Interior) bears to the total area of all the

States, and 60 per centum in the ratio which the number of persons

holding paid licenses to fish for sport or recreation in the State

in the second fiscal year preceding the fiscal year for which such

apportionment is made, as certified to said Secretary by the State

fish and game departments, bears to the number of such persons in

all the States. Such apportionments shall be adjusted equitably so

that no State shall receive less than 1 per centum nor more than 5

per centum of the total amount apportioned. Where the

apportionment to any State under this section is less than $4,500

annually, the Secretary of the Interior may allocate not more than

$4,500 of said appropriation to said State to carry out the

purposes of this chapter when said State certifies to the Secretary

of the Interior that it has set aside not less than $1,500 from its

fish-and-game funds or has made, through its legislature, an

appropriation in this amount of said purposes.

(f) Unallocated funds

So much of any sum not allocated under the provisions of this

section for any fiscal year is hereby authorized to be made

available for expenditure to carry out the purposes of this chapter

until the close of the succeeding fiscal year. The term fiscal

year as used in this section shall be a period of twelve

consecutive months from October 1 through the succeeding September

30, except that the period for enumeration of persons holding

licenses to fish shall be a State's fiscal or license year.

(g) Expenses for administration of certain programs

(1) In general

For each fiscal year, of the amounts appropriated under section

777b of this title, the Secretary of the Interior shall use only

funds authorized for use under subsections (a), (b)(3)(A),

(b)(3)(B), and (c) of this section to pay the expenses for

administration incurred in carrying out the provisions of law

referred to in those subsections, respectively.

(2) Maximum amount

For each fiscal year, the Secretary of the Interior may use not

more than $900,000 in accordance with paragraph (1).

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 4, 64 Stat. 432; Pub. L. 91-503, title

II, Sec. 201, Oct. 23, 1970, 84 Stat. 1101; Pub. L. 94-273, Sec.

4(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 98-369, div. A, title

X, Sec. 1014(a)(3), July 18, 1984, 98 Stat. 1015; Pub. L. 101-646,

title III, Sec. 308, Nov. 29, 1990, 104 Stat. 4787; Pub. L.

102-587, title V, Sec. 5604(a), Nov. 4, 1992, 106 Stat. 5087; Pub.

L. 105-178, title VII, Sec. 7402(b), 7403, June 9, 1998, 112 Stat.

483, 485; Pub. L. 105-206, title IX, Sec. 9012(b), July 22, 1998,

112 Stat. 864; Pub. L. 106-74, title IV, Sec. 430, Oct. 20, 1999,

113 Stat. 1096; Pub. L. 106-377, Sec. 1(a)(2) (title VI, Sec. 605),

Oct. 27, 2000, 114 Stat. 1441, 1441A-85; Pub. L. 106-408, title I,

Sec. 121(a), (c), 122(b)-124, Nov. 1, 2000, 114 Stat. 1769, 1772,

1774.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Wetlands Planning, Protection and Restoration Act,

referred to in subsec. (a), is title III of Pub. L. 101-646, Nov.

29, 1990, 104 Stat. 4778, which is classified generally to chapter

59A (Sec. 3951 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

3951 of this title and Tables.

Section 5604(c) of the Clean Vessel Act of 1992, referred to in

subsec. (b)(2)(A), (3)(A), is section 5604(c) of Pub. L. 102-587,

which is set out as a note under section 1322 of Title 33,

Navigation and Navigable Waters.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-377 and Pub. L. 106-408, Sec.

123, amended subsec. (a) identically, substituting ''fiscal year

2009'' for ''fiscal year 2000''.

Subsec. (d). Pub. L. 106-408, Sec. 121(a), added subsec. (d) and

struck out former subsec. (d) which read as follows: ''Of the

balance of each such annual appropriation remaining after the

distribution and use under subsections (a), (b), and (c) of this

section, respectively, so much, not to exceed 6 per centum of such

balance, as the Secretary of the Interior may estimate to be

necessary for his or her expenses in the conduct of necessary

investigations, administration, and the execution of this chapter,

for an outreach and communications program and for aiding in the

formulation, adoption, or administration of any compact between two

or more States for the conservation and management of migratory

fishes in marine or freshwaters, shall be deducted for that

purpose, and such sum is authorized to be made available until the

expiration of the next succeeding fiscal year. Of the sum

available to the Secretary of the Interior under this subsection

for any fiscal year, up to $2,500,000 may be used for the National

Outreach and Communications Program under section 777g(d) of this

title in addition to the amount available for that program under

subsection (c) of this section. No funds available to the

Secretary under this subsection may be used to replace funding

traditionally provided through general appropriations, nor for any

purposes except those purposes authorized by this chapter. The

Secretary shall publish a detailed accounting of the projects,

programs, and activities funded under this subsection annually in

the Federal Register.''

Subsec. (e). Pub. L. 106-408, Sec. 122(b), inserted ''and after

deducting amounts used for grants under section 777m of this

title,'' after ''respectively,'' in first sentence.

Subsec. (f). Pub. L. 106-408, Sec. 124, struck out before period

at end of first sentence '', and if unexpended or unobligated at

the end of such year, such sum is hereby authorized to be made

available for expenditure by the Secretary of the Interior in

carrying on the research program of the Fish and Wildlife Service

in respect to fish of material value for sport or recreation''.

Subsec. (g). Pub. L. 106-408, Sec. 121(c), added subsec. (g).

1999 - Subsec. (a). Pub. L. 106-74 substituted ''fiscal year

2000'' for ''fiscal year 1999'' in second sentence.

1998 - Subsec. (b). Pub. L. 105-178, Sec. 7403(a), as amended by

Pub. L. 105-206, Sec. 9012(b)(1), inserted heading and amended text

generally, substituting provisions relating to fiscal years 1998 to

2003 for provisions relating to fiscal years 1993 to 1998.

Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 7403(b), as added by

Pub. L. 105-206, Sec. 9012(b)(2), made a technical amendment to

reference in original act which appears in text as reference to

section 777g-1(d) of this title.

Subsec. (c). Pub. L. 105-178, Sec. 7402(b)(1), (2), added subsec.

(c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 105-178, Sec. 7402(b)(3)-(5), substituted

''subsections (a), (b), and (c) of this section,'' for

''subsections (a) and (b) of this section,'', inserted '', for an

outreach and communications program'' after ''chapter'', and

inserted at end ''Of the sum available to the Secretary of the

Interior under this subsection for any fiscal year, up to

$2,500,000 may be used for the National Outreach and Communications

Program under section 777g(d) of this title in addition to the

amount available for that program under subsection (c) of this

section. No funds available to the Secretary under this subsection

may be used to replace funding traditionally provided through

general appropriations, nor for any purposes except those purposes

authorized by this chapter. The Secretary shall publish a detailed

accounting of the projects, programs, and activities funded under

this subsection annually in the Federal Register.''

Pub. L. 105-178, Sec. 7402(b)(1), redesignated subsec. (c) as

(d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 105-178, Sec. 7402(b)(6), substituted

''subsections (a), (b), (c), and (d) of this section'' for

''subsections (a), (b), and (c) of this section''.

Pub. L. 105-178, Sec. 7402(b)(1), redesignated subsec. (d) as

(e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 105-178, Sec. 7402(b)(1), redesignated

subsec. (e) as (f).

1992 - Pub. L. 102-587 added subsecs. (a) to (c), inserted

subsec. (d) designation and substituted ''The Secretary of the

Interior, after the distribution, transfer, use, and deduction

under subsections (a), (b), and (c) of this section, respectively,

shall apportion the remainder of each such annual appropriation

among the several States'' for ''So much, not to exceed 6 per

centum, of each annual appropriation made in accordance with the

provisions of section 777b of this title as the Secretary of the

Interior may estimate to be necessary for his expenses in the

conduct of necessary investigations, administration, and the

execution of this chapter and for aiding in the formulation,

adoption, or administration of any compact between two or more

States for the conservation and management of migratory fishes in

marine or freshwaters shall be deducted for that purpose, and such

sum is authorized to be made available therefor until the

expiration of the next succeeding fiscal year. The Secretary shall

distribute 18 per centum of each annual appropriation made in

accordance with the provisions of section 777b of this title as

provided in the Coastal Wetlands Planning, Protection and

Restoration Act: Provided, That, notwithstanding the provisions of

section 777b of this title, such sums shall remain available to

carry out such Act through fiscal year 1999. The Secretary of the

Interior, after making the aforesaid deduction, shall apportion the

remainder of the appropriation for each fiscal year among the

several States'', and inserted subsec. (e) designation.

1990 - Pub. L. 101-646 inserted after first sentence ''The

Secretary shall distribute 18 per centum of each annual

appropriation made in accordance with the provisions of section

777b of this title as provided in the Coastal Wetlands Planning,

Protection and Restoration Act: Provided, That, notwithstanding the

provisions of section 777b of this title, such sums shall remain

available to carry out such Act through fiscal year 1999.''

1984 - Pub. L. 98-369 revised deductible amount from not to

exceed 8 per centum to not to exceed 6 per centum.

1976 - Pub. L. 94-273 substituted ''September'' for ''June'', and

''October'' for ''July''.

1970 - Pub. L. 91-503 changed method of apportionment of funds by

striking out reference to ''to all the States'' and inserted

definition of ''fiscal year''.

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669k, 777g, 777g-1, 777h,

777m, 2904, 2905 of this title; title 46 section 13106.

-CITE-

16 USC Sec. 777d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777d. Certification of funds deducted for expenses and amounts

apportioned to States

-STATUTE-

For each fiscal year beginning with the fiscal year ending June

30, 1951, the Secretary of the Interior shall certify, at the time

at which a deduction or apportionment is made, to the Secretary of

the Treasury, and to each State fish and game department, the sum

which he has estimated to be deducted for administering this

chapter and the sum which he has apportioned to each State for such

fiscal year.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 5, 64 Stat. 432; Pub. L. 98-369, div.

A, title X, Sec. 1014(a)(4), July 18, 1984, 98 Stat. 1015; Pub. L.

106-408, title I, Sec. 125, Nov. 1, 2000, 114 Stat. 1775.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-408 inserted '', at the time at which a

deduction or apportionment is made,'' after ''certify'' and struck

out ''and executing'' after ''administering''.

1984 - Pub. L. 98-369 struck out provisions relating to notice by

the State to the Secretary of intention to accept, and use of funds

where the State fails to accept.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-CITE-

16 USC Sec. 777e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777e. Submission and approval of plans and projects

-STATUTE-

(a) Apportionment of funds

Any State desiring to avail itself of the benefits of this

chapter shall, by its State fish and game department, submit

programs or projects for fish restoration in either of the

following two ways:

(1) The State shall prepare and submit to the Secretary of the

Interior a comprehensive fish and wildlife resource management plan

which shall insure the perpetuation of these resources for the

economic, scientific, and recreational enrichment of the people.

Such plan shall be for a period of not less than five years and be

based on projections of desires and needs of the people for a

period of not less than fifteen years. It shall include provisions

for updating at intervals of not more than three years and be

provided in a format as may be required by the Secretary of the

Interior. If the Secretary of the Interior finds that such plans

conform to standards established by him and approves such plans, he

may finance up to 75 per centum of the cost of implementing

segments of those plans meeting the purposes of this chapter from

funds apportioned under this chapter upon his approval of an annual

agreement submitted to him.

(2) A State may elect to avail itself of the benefits of this

chapter by its State fish and game department submitting to the

Secretary of the Interior full and detailed statements of any fish

restoration and management project proposed for that State. If the

Secretary of the Interior finds that such project meets with the

standards set by him and approves said project, the State fish and

game department shall furnish to him such surveys, plans,

specifications, and estimates therefor as he may require. If the

Secretary of the Interior approves the plans, specifications, and

estimates for the project, he shall notify the State fish and game

department and immediately set aside so much of said appropriation

as represents the share of the United States payable under this

chapter on account of such project, which sum so set aside shall

not exceed 75 per centum of the total estimated cost thereof.

The Secretary of the Interior shall approve only such

comprehensive plans or projects as may be substantial in character

and design and the expenditure of funds hereby authorized shall be

applied only to such approved comprehensive fishery plan or

projects and if otherwise applied they shall be replaced by the

State before it may participate in any further apportionment under

this chapter. No payment of any money apportioned under this

chapter shall be made on any comprehensive fishery plan or project

until an agreement to participate therein shall have been submitted

to and approved by the Secretary of the Interior.

(b) ''Project'' defined

If the State elects to avail itself of the benefits of this

chapter by preparing a comprehensive fish and wildlife plan under

option (1) of subsection (a) of this section, then the term

''project'' may be defined for the purpose of this chapter as a

fishery program, all other definitions notwithstanding.

(c) Costs

Administrative costs in the form of overhead or indirect costs

for services provided by State central service activities outside

of the State fish and game department charged against programs or

projects supported by funds made available under this chapter shall

not exceed in any one fiscal year 3 per centum of the annual

apportionment to the State.

(d) Agreements to finance initial costs of acquisition of lands and

construction of structures

The Secretary of the Interior may enter into agreements to

finance up to 75 per centum of the initial costs of the acquisition

of lands or interests therein and the construction of structures or

facilities for (FOOTNOTE 1) appropriations currently available for

the purposes of this chapter; and to agree to finance up to 75 per

centum of the remaining costs over such a period of time as the

Secretary may consider necessary. The liability of the United

States in any such agreement is contingent upon the continued

availability of funds for the purposes of this chapter.

(FOOTNOTE 1) So in original. Probably should be ''from''.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 6, 64 Stat. 432; Pub. L. 91-503, title

II, Sec. 202, Oct. 23, 1970, 84 Stat. 1102; Pub. L. 98-369, div.

A, title X, Sec. 1014(a)(5), July 18, 1984, 98 Stat. 1016.)

-MISC1-

AMENDMENTS

1984 - Subsec. (d). Pub. L. 98-369 added subsec. (d).

1970 - Subsec. (a). Pub. L. 91-503 added an alternative method of

application for funds by submission of a comprehensive fish and

wildlife resource management plan for a period of five years based

on projections for fifteen years, to be updated every three years,

laid down a maximum limit of assistance of 75 percent of the

estimated cost of the implementation of plan, and in existing

method of application struck out reference to Secretary of the

Treasury and requirement that State pay 10 percent of costs.

Subsecs. (b), (c). Pub. L. 91-503 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 777f, 777h of this title.

-CITE-

16 USC Sec. 777e-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777e-1. New England Fishery Resources Restoration Act of 1990

-STATUTE-

(a) Short title

This section may be cited as the ''New England Fishery Resources

Restoration Act of 1990''.

(b) Purposes

The purposes of this section are to -

(1) ensure timely and effective implementation of restoration

plans and programs for Atlantic salmon and other fishery

resources of selected river systems in New England;

(2) complete a study of fish passage impediments and

requirements on small streams and rivers in New England; and

(3) develop an inventory of important fish and wildlife habitat

and other natural areas of river basins in New England.

(c) Implementation of fishery resource restoration plans

The Director of the United States Fish and Wildlife Service,

hereinafter referred to as the Director, in consultation with the

Assistant Administrator for Fisheries of the National Oceanic and

Atmospheric Administration shall formulate, establish and implement

programs to restore and maintain nationally significant,

interjurisdictional fishery resources originating in New England

river systems, including the Connecticut, Thames, Pawcatuck,

Merrimack, Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, St.

George, Penobscot, Union, Narraguagus, Pleasant, Machias, Dennys,

St. Croix, Meduxnekeag and Aroostock and their tributaries. These

programs shall be in accordance with the schedule and

responsibilities established in comprehensive basin-wide

restoration plans prepared by the Director in cooperation with

State, local, and other entities involved and interested in the

conservation and management of the affected fishery resources.

Preparation and periodic revision of restoration plans, and their

implementation, shall be based on a Memorandum of Agreement for

each restoration program which shall be entered into by the

Director and cooperating entities. The Director shall prepare and

submit to the House Committee on Merchant Marine and Fisheries and

the Senate Committee on Environment and Public Works an annual

report documenting activities undertaken and accomplishments

achieved in fulfillment of this section, including an assessment of

the prognosis for restoration of each of the stocks and species

involved.

(d) Fish passage study

The Director shall conduct a study to identify impediments to

upstream and downstream passage of fish in rivers and streams in

the New England States due to dams that are not licensed by the

Federal Energy Regulatory Commission or other human-caused

obstructions. In addition, the study shall identify actions needed

to alleviate those impediments where desirable and feasible. The

study shall include, but not be limited to, identifying -

(1) all dams not licensed by the Federal Energy Regulatory

Commission and other human-caused obstructions on New England

rivers and streams where construction of upstream or downstream

fish passage facilities or their removal would benefit fishery

resources, including an estimate of the degree of benefits

expected; and

(2) the proposed nature and size and estimated cost of

appropriate fish passage facilities or other actions determined

to be necessary and feasible or each dam or other obstruction

identified in response to paragraph (1).

The Director shall provide notice to the public of the extent and

nature of the study by publication of such information in major

newspapers in the region and by other appropriate means. Within

three years of November 16, 1990, the Director shall submit a

report containing the findings, conclusions and recommendations of

the study to the House Committee on Merchant Marine and Fisheries

and the Senate Committee on Environment and Public Works.

(e) New England rivers fish and wildlife inventory

The Director shall inventory the natural values of river basins

in New England, including the Connecticut, Pawcatuck, Acushnet,

North and South (in Plymouth County, Massachusetts), Charles,

Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St.

Croix, and Aroostock Rivers and their tributaries, and identify

fish and wildlife habitat in most need of protection or where

public access to the rivers should be provided. In addition, the

Director shall, in cooperation with appropriate State agencies and

local governments and after providing notice and opportunity for

public comment, identify appropriate public or private measures for

providing the necessary protection or access for each area included

in the inventory. Within two years of November 16, 1990, the

Director shall submit a report containing the findings,

conclusions, and recommendations of the inventory and assessment to

the House Committee on Merchant Marine and Fisheries and the Senate

Committee on Environment and Public Works.

(f) Authorization of appropriations

There are authorized to be appropriated to the Director -

(1) $5,000,000 per year for fiscal years 1991, 1992, 1993,

1994, and 1995 to implement fishery resource restoration plans

and programs, except for activities related to the design and

construction of fish passage facilities, as directed by

subsection (c) of this section;

(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to

conduct the study required under subsection (d) of this section;

and

(3) $500,000 to conduct the inventory and assessment required

under section (FOOTNOTE 1) (e) of this section.

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

-SOURCE-

(Pub. L. 101-593, title I, Sec. 111, Nov. 16, 1990, 104 Stat.

2960.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsec. (b), was in the original

''this Act'', which probably was intended as a reference to New

England Fishery Resources Restoration Act of 1990, section 111 of

Pub. L. 101-593, title I, Nov. 16, 1990, 104 Stat. 2960, which is

classified generally to this section.

-COD-

CODIFICATION

Section was enacted as the New England Fishery Resources

Restoration Act of 1990, and not as part of the Fish Restoration

and Management Projects Act which comprises this chapter.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Committee on Merchant Marine and Fisheries of House of

Representatives treated as referring to Committee on Resources of

House of Representatives in case of provisions relating to

fisheries, wildlife, international fishing agreements, marine

affairs (including coastal zone management) except for measures

relating to oil and other pollution of navigable waters, or

oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

16 USC Sec. 777f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777f. Payments by United States

-STATUTE-

(a) Payments and advances to States

When the Secretary of the Interior shall find that any project

approved by him has been completed or, if involving research

relating to fish, is being conducted, in compliance with said plans

and specifications, he shall cause to be paid to the proper

authority of said State the amount set aside for said project. The

Secretary of the Interior may, in his discretion, from time to

time, make payments on said project as the same progresses; but

these payments, including previous payments, if any, shall not be

more than the United States' pro rata share of the project in

conformity with said plans and specifications. If a State has

elected to avail itself of the benefits of this chapter by

preparing a comprehensive fish and wildlife plan as provided for

under option (1) of subsection (a) of section 777e of this title,

and this plan has been approved by the Secretary of the Interior,

then the Secretary may, in his discretion, and under such rules and

regulations, as he may prescribe, advance funds to the State for

financing the United States' pro rata share agreed upon between the

State fish and game department and the Secretary.

(b) Construction work; joint payments

Any construction work and labor in each State shall be performed

in accordance with its laws and under the direct supervision of the

State fish and game department, subject to the inspection and

approval of the Secretary of the Interior and in accordance with

the rules and regulations made pursuant to this chapter. The

Secretary of the Interior and the State fish and game department of

each State may jointly determine at what times and in what amounts

payments shall be made under this chapter. Such payments shall be

made against the said appropriation to such official or officials,

or depository, as may be designated by the State fish and game

department and authorized under the laws of the State to receive

public funds of the State.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 7, 64 Stat. 433; Pub. L. 91-503, title

II, Sec. 202, Oct. 23, 1970, 84 Stat. 1103.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-503 divided existing provisions into subsecs.

(a) and (b) and authorized advance payments by the Secretary to the

States for financing the United States' pro rata share of the

comprehensive fish and wildlife plan.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-CITE-

16 USC Sec. 777g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777g. Maintenance of projects

-STATUTE-

(a) Duty of States; status of projects; title to property

To maintain fish-restoration and management projects established

under the provisions of this chapter shall be the duty of the

States according to their respective laws. Beginning July 1, 1953,

maintenance of projects heretofore completed under the provisions

of this chapter may be considered as projects under this chapter.

Title to any real or personal property acquired by any State, and

to improvements placed on State-owned lands through the use of

funds paid to the State under the provisions of this chapter, shall

be vested in such State.

(b) Funding requirements

(1) Each State shall allocate 15 percent of the funds apportioned

to it for each fiscal year under section 777c of this title for the

payment of up to 75 per centum of the costs of the acquisition,

development, renovation, or improvement of facilities (and

auxiliary facilities necessary to insure the safe use of such

facilities) that create, or add to, public access to the waters of

the United States to improve the suitability of such waters for

recreational boating purposes. Notwithstanding this provision,

States within a United States Fish and Wildlife Service

Administrative Region may allocate more or less than 15 percent in

a fiscal year, provided that the total regional allocation averages

15 percent over a 5 year period.

(2) So much of the funds that are allocated by a State under

paragraph (1) in any fiscal year that remained unexpended or

unobligated at the close of such year are authorized to be made

available for the purposes described in paragraph (1) during the

succeeding four fiscal years, but any portion of such funds that

remain unexpended or unobligated at the close of such period are

authorized to be made available for expenditure by the Secretary of

the Interior in carrying out the research program of the Fish and

Wildlife Service in respect to fish of material value for sport or

recreation.

(c) Aquatic resource education program; funding, etc.

Each State may use not to exceed 15 percent of the funds

apportioned to it under section 777c of this title to pay up to 75

per centum of the costs of an aquatic resource education and

outreach and communications program for the purpose of increasing

public understanding of the Nation's water resources and associated

aquatic life forms. The non-Federal share of such costs may not be

derived from other Federal grant programs. The Secretary shall

issue not later than the one hundred and twentieth day after the

effective date of this subsection such regulations as he deems

advisable regarding the criteria for such programs.

(d) National Outreach and Communications Program

(1) Implementation

Within 1 year after June 9, 1998, the Secretary of the Interior

shall develop and implement, in cooperation and consultation with

the Sport Fishing and Boating Partnership Council, a national

plan for outreach and communications.

(2) Content

The plan shall provide -

(A) guidance, including guidance on the development of an

administrative process and funding priorities, for outreach and

communications programs; and

(B) for the establishment of a national program.

(3) Secretary may match or fund programs

Under the plan, the Secretary may obligate amounts available

under subsection (c) or (d) of section 777c of this title -

(A) to make grants to any State or private entity to pay all

or any portion of the cost of carrying out any outreach and

communications program under the plan; or

(B) to fund contracts with States or private entities to

carry out such a program.

(4) Review

The plan shall be reviewed periodically, but not less

frequently than once every 3 years.

(e) State outreach and communications program

Within 12 months after the completion of the national plan under

subsection (d)(1) of this section, a State shall develop a plan for

an outreach and communications program and submit it to the

Secretary. In developing the plan, a State shall -

(1) review the national plan developed under subsection (d) of

this section;

(2) consult with anglers, boaters, the sportfishing and boating

industries, and the general public; and

(3) establish priorities for the State outreach and

communications program proposed for implementation.

(f) Pumpout stations and waste reception facilities

Amounts apportioned to States under section 777c of this title

may be used to pay not more than 75 percent of the costs of

constructing, renovating, operating, or maintaining pumpout

stations and waste reception facilities (as those terms are defined

in the Clean Vessel Act of 1992).

(g) Surveys

(1) National framework

Within 6 months after June 9, 1998, the Secretary, in

consultation with the States, shall adopt a national framework

for a public boat access needs assessment which may be used by

States to conduct surveys to determine the adequacy, number,

location, and quality of facilities providing access to

recreational waters for all sizes of recreational boats.

(2) State surveys

Within 18 months after June 9, 1998, each State that agrees to

conduct a public boat access needs survey following the

recommended national framework shall report its findings to the

Secretary for use in the development of a comprehensive national

assessment of recreational boat access needs and facilities.

(3) Exception

Paragraph (2) does not apply to a State if, within 18 months

after June 9, 1998, the Secretary certifies that the State has

developed and is implementing a plan that ensures there are and

will be public boat access adequate to meet the needs of

recreational boaters on its waters.

(4) Funding

A State that conducts a public boat access needs survey under

paragraph (2) may fund the costs of conducting that assessment

out of amounts allocated to it as funding dedicated to motorboat

access to recreational waters under subsection (b)(1) of this

section.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 8, 64 Stat. 433; Pub. L. 91-503, title

II, Sec. 202, Oct. 23, 1970, 84 Stat. 1103; Pub. L. 98-369, div.

A, title X, Sec. 1014(a)(6), July 18, 1984, 98 Stat. 1016; Pub. L.

102-587, title V, Sec. 5604(b), Nov. 4, 1992, 106 Stat. 5088; Pub.

L. 105-178, title VII, Sec. 7402(c), 7404(b), June 9, 1998, 112

Stat. 484, 486; Pub. L. 105-206, title IX, Sec. 9012(c), July 22,

1998, 112 Stat. 864.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this subsection, referred to in subsec.

(c), see Effective Date of 1984 Amendment note below.

The Clean Vessel Act of 1992, referred to in subsec. (f), is

subtitle F of title V of Pub. L. 102-587, Nov. 4, 1992, 106 Stat.

5086, which amended this section and section 777c of this title and

enacted provisions set out as a note under section 1322 of Title

33, Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1322 of Title 33 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 7402(c)(1), which

directed the substitution of ''15 percent'' for ''12 1/2

percentum'' wherever appearing, was executed by making the

substitution for ''12 1/2 per centum'' to reflect the probable

intent of Congress.

Subsec. (c). Pub. L. 105-178, Sec. 7402(c)(3), inserted ''and

communications'' after ''outreach''.

Pub. L. 105-178, Sec. 7402(c)(2), which directed the substitution

of ''15 percent'' for ''10 percentum'', was executed by making the

substitution for ''10 per centum'' to reflect the probable intent

of Congress.

Subsecs. (d) to (f). Pub. L. 105-178, Sec. 7402(c)(4), added

subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

Subsec. (g). Pub. L. 105-178, Sec. 7404(b), as amended by Pub. L.

105-206, Sec. 9012(c), added subsec. (g).

1992 - Subsec. (b)(1). Pub. L. 102-587, Sec. 5604(b)(1),

substituted ''12 1/2 per centum'' for ''10 per centum'' after

''allocate'' and inserted at end ''Notwithstanding this provision,

States within a United States Fish and Wildlife Service

Administrative Region may allocate more or less than 12 1/2 per

centum in a fiscal year, provided that the total regional

allocation averages 12 1/2 per centum over a 5 year period.''

Subsec. (b)(2). Pub. L. 102-587, Sec. 5604(b)(2), substituted

''four fiscal years'' for ''fiscal year'' after first reference to

''succeeding'' and ''period'' for second reference to ''succeeding

fiscal year''.

Subsec. (c). Pub. L. 102-587, Sec. 5604(b)(3), inserted ''and

outreach'' after ''education''.

Subsec. (d). Pub. L. 102-587, Sec. 5604(b)(4), added subsec. (d).

1984 - Pub. L. 98-369 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1970 - Pub. L. 91-503 struck out restriction that not more than

25 percent of the Federal funds be set aside for maintenance

projects.

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 777c, 777g-1 of this

title.

-CITE-

16 USC Sec. 777g-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777g-1. Boating infrastructure

-STATUTE-

(a) Purpose

The purpose of this section is to provide funds to States for the

development and maintenance of facilities for transient

nontrailerable recreational vessels.

(b) Omitted

(c) Plan

Within 6 months after submitting a survey to the Secretary under

section 777g(g) of this title, a State may develop and submit to

the Secretary a plan for the construction, renovation, and

maintenance of facilities for transient nontrailerable recreational

vessels, and access to those facilities, to meet the needs of

nontrailerable recreational vessels operating on navigable waters

in the State.

(d) Grant program

(1) Matching grants

The Secretary of the Interior shall obligate amounts made

available under section 777c(b)(3)(B) of this title to make

grants to any State to pay not more than 75 percent of the cost

to a State of constructing, renovating, or maintaining facilities

for transient nontrailerable recreational vessels.

(2) Priorities

In awarding grants under paragraph (1), the Secretary shall

give priority to projects that -

(A) consist of the construction, renovation, or maintenance

of facilities for transient nontrailerable recreational vessels

in accordance with a plan submitted by a State under subsection

(c) of this section;

(B) provide for public/private partnership efforts to

develop, maintain, and operate facilities for transient

nontrailerable recreational vessels; and

(C) propose innovative ways to increase the availability of

facilities for transient nontrailerable recreational vessels.

(e) Definitions

For purposes of this section, the term -

(1) ''nontrailerable recreational vessel'' means a recreational

vessel 26 feet in length or longer -

(A) operated primarily for pleasure; or

(B) leased, rented, or chartered to another for the latter's

pleasure;

(2) ''facilities for transient nontrailerable recreational

vessels'' includes mooring buoys, day-docks, navigational aids,

seasonal slips, safe harbors, or similar structures located on

navigable waters, that are available to the general public (as

determined by the Secretary of the Interior) and designed for

temporary use by nontrailerable recreational vessels; and

(3) ''State'' means each of the several States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, Guam, American Samoa, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands.

-SOURCE-

(Pub. L. 105-178, title VII, Sec. 7404, June 9, 1998, 112 Stat.

486; Pub. L. 105-206, title IX, Sec. 9012(c), July 22, 1998, 112

Stat. 864.)

-COD-

CODIFICATION

Section is comprised of section 7404 of Pub. L. 105-178. Subsec.

(b) of section 7404 of Pub. L. 105-178, as amended by Pub. L.

105-206, Sec. 9012(c), amended section 777g of this title.

Section was enacted as part of the Sportfishing and Boating

Safety Act of 1998, and also as part of the Transportation Equity

Act for the 21st Century, and not as part of the Fish Restoration

and Management Projects Act which comprises this chapter.

-MISC3-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-206, Sec. 9012(c), made a

technical amendment to directory language of Pub. L. 105-178, Sec.

7404(b). See Codification note above.

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777c of this title; title

26 section 9504.

-CITE-

16 USC Sec. 777h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777h. Requirements and restrictions concerning use of amounts

for expenses for administration

-STATUTE-

(a) Authorized expenses for administration

Except as provided in subsection (b) of this section, the

Secretary of the Interior may use available amounts under section

777c(d)(1) of this title only for expenses for administration that

directly support the implementation of this chapter that consist of

-

(1) personnel costs of employees who directly administer this

chapter on a full-time basis;

(2) personnel costs of employees who directly administer this

chapter on a part-time basis for at least 20 hours each week, not

to exceed the portion of those costs incurred with respect to the

work hours of the employee during which the employee directly

administers this chapter, as those hours are certified by the

supervisor of the employee;

(3) support costs directly associated with personnel costs

authorized under paragraphs (1) and (2), excluding costs

associated with staffing and operation of regional offices of the

United States Fish and Wildlife Service and the Department of the

Interior other than for the purposes of this chapter;

(4) costs of determining under section 777e(a) of this title

whether State comprehensive plans and projects are substantial in

character and design;

(5) overhead costs, including the costs of general

administrative services, that are directly attributable to

administration of this chapter and are based on -

(A) actual costs, as determined by a direct cost allocation

methodology approved by the Director of the Office of

Management and Budget for use by Federal agencies; and

(B) in the case of costs that are not determinable under

subparagraph (A), an amount per full-time equivalent employee

authorized under paragraphs (1) and (2) that does not exceed

the amount charged or assessed for costs per full-time

equivalent employee for any other division or program of the

United States Fish and Wildlife Service;

(6) costs incurred in auditing, every 5 years, the wildlife and

sport fish activities of each State fish and game department and

the use of funds under section 777e of this title by each State

fish and game department;

(7) costs of audits under subsection (d) of this section;

(8) costs of necessary training of Federal and State full-time

personnel who administer this chapter to improve administration

of this chapter;

(9) costs of travel to States, territories, and Canada by

personnel who -

(A) administer this chapter on a full-time basis for purposes

directly related to administration of State programs or

projects; or

(B) administer grants under section 777e or 777m of this

title;

(10) costs of travel outside the United States (except travel

to Canada), by personnel who administer this chapter on a

full-time basis, for purposes that directly relate to

administration of this chapter and that are approved directly by

the Assistant Secretary for Fish and Wildlife and Parks;

(11) relocation expenses for personnel who, after relocation,

will administer this chapter on a full-time basis for at least 1

year, as certified by the Director of the United States Fish and

Wildlife Service at the time at which the relocation expenses are

incurred; and

(12) costs to audit, evaluate, approve, disapprove, and advise

concerning grants under sections 777e and 777m of this title.

(b) Reporting of other uses

(1) In general

Subject to paragraph (2), if the Secretary of the Interior

determines that available amounts under section 777c(d)(1) of

this title should be used for an expense for administration other

than an expense for administration described in subsection (a) of

this section, the Secretary -

(A) shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Resources of the House

of Representatives a report describing the expense for

administration and stating the amount of the expense; and

(B) may use any such available amounts for the expense for

administration only after the end of the 30-day period

beginning on the date of submission of the report under

subparagraph (A).

(2) Maximum amount

For any fiscal year, the Secretary of the Interior may use

under paragraph (1) not more than $25,000.

(c) Restriction on use to supplement general appropriations

The Secretary of the Interior shall not use available amounts

under subsection (b) of this section to supplement the funding of

any function for which general appropriations are made for the

United States Fish and Wildlife Service or any other entity of the

Department of the Interior.

(d) Audit requirement

(1) In general

The Inspector General of the Department of the Interior shall

procure the performance of biennial audits, in accordance with

generally accepted accounting principles, of expenditures and

obligations of amounts used by the Secretary of the Interior for

expenses for administration incurred in implementation of this

chapter.

(2) Auditor

(A) In general

An audit under this subsection shall be performed under a

contract that is awarded under competitive procedures (as

defined in section 403 of title 41) by a person or entity that

is not associated in any way with the Department of the

Interior (except by way of a contract for the performance of an

audit or other review).

(B) Supervision of auditor

The auditor selected under subparagraph (A) shall report to,

and be supervised by, the Inspector General of the Department

of the Interior, except that the auditor shall submit a copy of

the biennial audit findings to the Secretary of the Interior at

the time at which the findings are submitted to the Inspector

General of the Department of the Interior.

(3) Report to Congress

The Inspector General of the Department of the Interior shall

promptly submit to the Committee on Resources of the House of

Representatives and the Committee on Environment and Public Works

of the Senate -

(A) a report on the results of each audit under this

subsection; and

(B) a copy of each audit under this subsection.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 9, 64 Stat. 433; Pub. L. 106-408,

title I, Sec. 121(b), Nov. 1, 2000, 114 Stat. 1770.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-408 amended section generally. Prior to

amendment, section read as follows: ''Out of the deductions set

aside for administering and executing this chapter the Secretary of

the Interior is authorized to employ such assistants, clerks, and

other persons in the District of Columbia and elsewhere, to be

taken from the eligible lists of the civil service; to rent or

construct buildings outside of the District of Columbia; to

purchase such supplies, materials, equipment, office fixtures, and

apparatus; and to incur such travel and other expenses, including

publication of technical and administrative reports, purchase,

maintenance, and hire of passenger-carrying motor vehicles, as he

may deem necessary for carrying out the provisions of this

chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669k, 777c of this title.

-CITE-

16 USC Sec. 777i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777i. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to make rules and

regulations for carrying out the provisions of this chapter.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 10, 64 Stat. 434.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-CITE-

16 USC Sec. 777j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777j. Repealed. Pub. L. 89-348, Sec. 1(14), Nov. 8, 1965, 79

Stat. 1311

-MISC1-

Section, act Aug. 9, 1950, ch. 658, Sec. 11, 64 Stat. 434,

required the Secretary of the Interior to make an annual report to

the Congress giving detailed information as to the projects

established under this chapter and expenditures therefor.

-CITE-

16 USC Sec. 777k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777k. Payments of funds to and cooperation with Puerto Rico,

the District of Columbia, Guam, American Samoa, Commonwealth of

the Northern Mariana Islands, and Virgin Islands

-STATUTE-

The Secretary of the Interior is authorized to cooperate with the

Secretary of Agriculture of Puerto Rico, the Mayor of the District

of Columbia, the Governor of Guam, the Governor of American Samoa,

the Governor of the Commonwealth of the Northern Mariana Islands,

and the Governor of the Virgin Islands, in the conduct of fish

restoration and management projects, as defined in section 777a of

this title, upon such terms and conditions as he shall deem fair,

just, and equitable, and is authorized to apportion to Puerto Rico,

the District of Columbia, Guam, American Samoa, the Commonwealth of

the Northern Mariana Islands, and the Virgin Islands, out of money

available for apportionment under this chapter, such sums as he

shall determine, not exceeding for Puerto Rico 1 per centum, for

the District of Columbia one-third of 1 per centum, for Guam

one-third of 1 per centum, for American Samoa one-third of 1 per

centum, for the Commonwealth of the Northern Mariana Islands

one-third of 1 per centum, and for the Virgin Islands one-third of

1 per centum of the total amount apportioned in any one year, but

the Secretary shall in no event require any of said cooperating

agencies to pay an amount which will exceed 25 per centum of the

cost of any project. Any unexpected or unobligated balance of any

apportionment made pursuant to this section shall be made available

for expenditure in Puerto Rico, the District of Columbia, Guam, the

Commonwealth of the Northern Mariana Islands, or the Virgin

Islands, as the case may be, in the succeeding year, on any

approved projects, and if unexpended or unobligated at the end of

such year is authorized to be made available for expenditure by the

Secretary of the Interior in carrying on the research program of

the Fish and Wildlife Service in respect to fish of material value

for sport or recreation.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 12, 64 Stat. 434; July 2, 1956, ch.

489, Sec. 4, 70 Stat. 473; Aug. 1, 1956, ch. 852, Sec. 8, 70 Stat.

908; Pub. L. 86-70, Sec. 16, June 25, 1959, 73 Stat. 143; Pub. L.

91-503, title II, Sec. 203, Oct. 23, 1970, 84 Stat. 1103; Pub. L.

96-597, title III, Sec. 302(a), Dec. 24, 1980, 94 Stat. 3477; Pub.

L. 98-369, div. A, title X, Sec. 1014(a)(7), July 18, 1984, 98

Stat. 1016.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-369 inserted ''the Mayor of the District of

Columbia,'' after ''the Secretary of Agriculture of Puerto Rico,'',

''for the District of Columbia one-third of 1 per centum,'' after

''for Puerto Rico 1 per centum,'' and ''the District of Columbia,''

after ''Puerto Rico,'' in two places.

1980 - Pub. L. 96-597 inserted references to the Governor and the

Commonwealth of the Northern Mariana Islands.

1970 - Pub. L. 91-503 substituted ''Secretary of Agriculture of

Puerto Rico'' for ''Commissioner of Agriculture and Commerce of

Puerto Rico'', added American Samoa to the list of recipients, and

substituted maximum limits of apportionment of one percent for

Puerto Rico, one-third of one percent for Guam, one-third of one

percent for American Samoa and one-third of one percent for Virgin

Islands for maximum limit of $10,000 for Puerto Rico, Guam and

Virgin Islands together.

1959 - Pub. L. 86-70 struck out provisions which authorized

cooperation with the Alaska Game Commission and permitted

apportionment of not more than $75,000 in any one year to the

Territory of Alaska.

1956 - Act Aug. 1, 1956, inserted ''the Governor of Guam'' after

''Commissioner of Agriculture and Commerce of Puerto Rico,'' and

''Guam'' after ''Puerto Rico'' in three remaining places those

words appear.

Act July 2, 1956, struck out provisions which authorized the

Secretary to cooperate with the Division of Game and Fish of the

Board of Commissioners of Agriculture and Forestry of Hawaii,

struck out limitation of $25,000 on the amount of funds which could

be apportioned to Hawaii in any one year, and substituted

''Territory of Alaska'' for ''Territories'' in two places.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, and

applicable with respect to fiscal years beginning after Sept. 30,

1984, see section 1014(b) of Pub. L. 98-369, set out as a note

under section 777 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 2, 1956, as applicable only with respect to

fiscal years beginning after July 2, 1956, see section 5 of act

July 2, 1956, set out as a note under section 669a of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions to Secretary of Commerce from Secretary of

the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090, see note set out under section 777 of

this title.

-CITE-

16 USC Sec. 777l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777l. State use of contributions

-STATUTE-

A State may use contributions of funds, real property, materials,

and services to carry out an activity under this chapter in lieu of

payment by the State of the State share of the cost of such

activity. Such a State share shall be considered to be paid in an

amount equal to the fair market value of any contribution so used.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 13, as added Pub. L. 100-448, Sec.

6(c)(2), Sept. 28, 1988, 102 Stat. 1841.)

-COD-

CODIFICATION

Another section 13 of act Aug. 9, 1950, ch. 658, which was

classified as a note under section 777 of this title, was repealed

by Pub. L. 106-408, title I, Sec. 122(a)(1), Nov. 1, 2000, 114

Stat. 1772.

-MISC3-

EFFECTIVE DATE

Section effective Oct. 1, 1988, see section 6(e) of Pub. L.

100-448, set out as an Effective Date of 1988 Amendment note under

section 777 of this title.

-CITE-

16 USC Sec. 777m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-

Sec. 777m. Multistate conservation grant program

-STATUTE-

(a) In general

(1) Amount for grants

Of the balance of each annual appropriation made under section

777b of this title remaining after the distribution and use under

subsections (a), (b), and (c) of section 777c of this title in a

fiscal year, not more than $3,000,000 shall be available to the

Secretary of the Interior for making multistate conservation

project grants in accordance with this section.

(2) Period of availability; apportionment

(A) Period of availability

Amounts made available under paragraph (1) shall remain

available for making grants only for the first fiscal year for

which the amount is made available and the following fiscal

year.

(B) Apportionment

At the end of the period of availability under subparagraph

(A), the Secretary of the Interior shall apportion any amounts

that remain available among the States in the manner specified

in section 777c(e) of this title for use by the States in the

same manner as funds apportioned under section 777c(e) of this

title.

(b) Selection of projects

(1) States or entities to be benefited

A project shall not be eligible for a grant under this section

unless the project will benefit -

(A) at least 26 States;

(B) a majority of the States in a region of the United States

Fish and Wildlife Service; or

(C) a regional association of State fish and game

departments.

(2) Use of submitted priority list of projects

The Secretary of the Interior may make grants under this

section only for projects identified on a priority list of sport

fish restoration projects described in paragraph (3).

(3) Priority list of projects

A priority list referred to in paragraph (2) is a priority list

of sport fish restoration projects that the International

Association of Fish and Wildlife Agencies -

(A) prepares through a committee comprised of the heads of

State fish and game departments (or their designees), in

consultation with -

(i) nongovernmental organizations that represent

conservation organizations;

(ii) sportsmen organizations; and

(iii) industries that fund the sport fish restoration

programs under this chapter;

(B) approves by vote of a majority of the heads of State fish

and game departments (or their designees); and

(C) not later than October 1 of each fiscal year, submits to

the Assistant Director for Wildlife and Sport Fish Restoration

Programs.

(4) Publication

The Assistant Director for Wildlife and Sport Fish Restoration

Programs shall publish in the Federal Register each priority list

submitted under paragraph (3)(C).

(c) Eligible grantees

(1) In general

The Secretary of the Interior may make a grant under this

section only to -

(A) a State or group of States;

(B) the United States Fish and Wildlife Service, or a State

or group of States, for the purpose of carrying out the

National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation; and

(C) subject to paragraph (2), a nongovernmental organization.

(2) Nongovernmental organizations

(A) In general

Any nongovernmental organization that applies for a grant

under this section shall submit with the application to the

International Association of Fish and Wildlife Agencies a

certification that the organization -

(i) will not use the grant funds to fund, in whole or in

part, any activity of the organization that promotes or

encourages opposition to the regulated taking of fish; and

(ii) will use the grant funds in compliance with subsection

(d) of this section.

(B) Penalties for certain activities

Any nongovernmental organization that is found to use grant

funds in violation of subparagraph (A) shall return all funds

received under this section and be subject to any other

applicable penalties under law.

(d) Use of grants

A grant under this section shall not be used, in whole or in

part, for an activity, project, or program that promotes or

encourages opposition to the regulated taking of fish.

(e) Funding for other activities

Of the balance of each annual appropriation made under section

777b of this title remaining after the distribution and use under

subsections (a), (b), and (c) of section 777c of this title for

each fiscal year and after deducting amounts used for grants under

subsection (a) of this section -

(1) $200,000 shall be made available for each of -

(A) the Atlantic States Marine Fisheries Commission;

(B) the Gulf States Marine Fisheries Commission;

(C) the Pacific States Marine Fisheries Commission; and

(D) the Great Lakes Fisheries Commission; and

(2) $400,000 shall be made available for the Sport Fishing and

Boating Partnership Council established by the United States Fish

and Wildlife Service.

(f) Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to any activity carried out under this section.

-SOURCE-

(Aug. 9, 1950, ch. 658, Sec. 14, as added Pub. L. 106-408, title I,

Sec. 122(a), Nov. 1, 2000, 114 Stat. 1772.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (f),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 777c, 777h of this title.

-CITE-