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16 U.S.C. § 777e — Submission and approval of plans and projects

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 777e — Submission and approval of plans and projects

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Source file: Laws/federal/codes/united-states-code/title-16/section-777e-submission-and-approval-of-plans-and-projects--6cdfaf4308.md
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Source location: Title 16, Chapter 10B, § 777e; chapter-10b-fish-restoration-and-management-projects.md

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**(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 from 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 777 — Federal-State relationships

**(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 numbe

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 777f — Payments by United States

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777e&num=0&edition=prelim), 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 shal

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 777h — Requirements and restrictions concerning use of amounts for expenses for administration

**(a) Authorized expenses for administration** Except as provided in subsection (b), the Secretary of the Interior may use available amounts under [section 777c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777c/b&num=0&edition=prelim) only for expenses for administration that directly support the implementation of this chapter that consist of— (1) personnel costs of employees for the work hours of each employee spent directly administering this chapter, as those hours are certified by the supervisor of the employee; (2) support costs directly associated with personnel costs authorized under paragraph (1), 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; (3) costs of determining under [section 777e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777e/a&num=0&edition=prelim) whether State comprehensive plans and projects are substantial in character and design; (4) 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 employee authorized under paragraph (1) 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; (5) costs incurred in auditing, ev

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 777e — Submission and approval of plans and

Page 1350 TITLE 16—CONSERVATION § 777d eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this title. § 777d. Certification of funds deducted for ex- penses and amounts apportioned to States 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 de- duction or apportionment is made, to the Sec- retary of the Treasury, and to each State fish and game department, the sum which he has es- timated to be deducted for administering this chapter and the sum which he has apportioned to each State for such fiscal year. (Aug. 9, 1950, ch. 658, § 5, 64 Stat. 432; Pub. L. 98–369, div. A, title X, § 1014(a)(4), July 18, 1984, 98 Stat. 1015; Pub. L. 106–408, title I, § 125, Nov. 1, 2000, 114 Stat. 1775.) Editorial Notes 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 ac- cept, and use of funds where the State fails to accept. Statutory Notes and Related Subsidiaries 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. Executive Documents 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. § 777e. Submission and approval of plans

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