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16 U.S.C. § 4104 — State projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Any State may, through its State agency or an interstate commission, submit to the Secretary a proposal for a project which includes full plans, specifications, and cost estimates for such project. The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed project shall not exceed 10 percent of the total cost of such works, and shall be paid by the State as a part of its contribution to the total cost of the works.
(2) No part of any funds appropriated under any authorization contained in section 4107 11 See References in Text note below. of this title may be obligated with respect to any project until the proposal for such project has been submitted under paragraph (1) and approved by the Secretary. The Secretary, before approving any proposal for a project, must evaluate the proposal as to—
(A) the soundness of design;
(B) the possibilities of securing productive results;
(C) the minimization of duplication with other research projects in support of the management of interjurisdictional fishery resources and carried out under this chapter or under any other law or regulation;
(D) the organization and management of the project;
(E) the methods proposed for monitoring and evaluating the success or failure of the project;
(F) the consistency of the project with the purposes of this chapter specified in [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4101&num=0&edition=prelim); and
(G) such other criteria as the Secretary may prescribe.
(3) The Federal share of the cost of any project conducted under this chapter shall not exceed 75 percent of the tota
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Source location: Title 16, Chapter 61, § 4104; chapter-061-interjurisdictional-fisheries.md
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**(a) In general**
(1) Any State may, through its State agency or an interstate commission, submit to the Secretary a proposal for a project which includes full plans, specifications, and cost estimates for such project. The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed project shall not exceed 10 percent of the total cost of such works, and shall be paid by the State as a part of its contribution to the total cost of the works.
(2) No part of any funds appropriated under any authorization contained in section 4107 11 See References in Text note below. of this title may be obligated with respect to any project until the proposal for such project has been submitted under paragraph (1) and approved by the Secretary. The Secretary, before approving any proposal for a project, must evaluate the proposal as to—
(A) the soundness of design;
(B) the possibilities of securing productive results;
(C) the minimization of duplication with other research projects in support of the management of interjurisdictional fishery resources and carried out under this chapter or under any other law or regulation;
(D) the organization and management of the project;
(E) the methods proposed for monitoring and evaluating the success or failure of the project;
(F) the consistency of the project with the purposes of this chapter specified in [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4101&num=0&edition=prelim); and
(G) such other criteria as the Secretary may prescribe.
(3) The Federal share of the cost of any project conducted under this chapter shall not exceed 75 percent of the total estimated cost of the project, unless—
(A) the State has adopted an interstate fishery management plan for the resource to which the project applies; or
(B) the State has adopted fishery regulations which the Secretary has determined are consistent with any Federal fishery management plan for the species to which the project applies;
in which case the Federal share shall not exceed 90 percent of the total estimated cost of the project.
(4)
(A) If the Secretary approves or disapproves a proposal for a project, the Secretary shall promptly give written notification, including, if disapproved, a detailed explanation of the reasons for the disapproval, to the State agency submitting the proposal or, if the proposal is submitted through an interstate commission, such commission and the State.
(B) For the purposes of this chapter, funds apportioned under this section to any State shall be treated as having been obligated with respect to a project during the fiscal year in which the written notification of approval required under subparagraph (A) for the project proposal is made.
**(b) Restriction** The expenditure of funds under this chapter shall be applied only to projects for which a proposal has been approved under subsection (a), except that up to $25,000 each fiscal year may be obligated for a State to carry out an agreement with the Secretary or the Secretary of the Interior under which the personnel, services and equipment of the State and the Federal agency concerned will be made mutually available for the enforcement of Federal and State laws pertaining to the protection of fishery resources. If otherwise applied, such funds shall be replaced by the State before the State may receive any additional funds under this chapter.
**(c) Payment** When the Secretary determines that a project carried out under a proposal approved by the Secretary has been completed, or where the Secretary otherwise deems it appropriate, the Secretary shall cause to be paid to the proper authority of the State, or to the official or depository designated by the interstate commission if the State agency specifies that payment is to be made to the interstate commission, the Federal share of the project. Any payment made to an interstate commission shall be charged against the apportionment of the State concerned.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to promote and encourage State activities in support of the management of interjurisdictional fishery resources;
(2) to promote and encourage management of interjurisdictional fishery resources throughout their range; and
(3) to promote and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of interjurisdictional fishery resources throughout their range.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–659, title III, § 308, Nov. 14, 1986, 100 Stat. 3736; Pub. L. 101–627, title V, §§ 502, 503, Nov. 28, 1990, 104 Stat. 4463; Pub. L. 102–396, title IX, § 9135, Oct. 6, 1992, 106 Stat. 1937; Pub. L. 103–206, title VIII, § 811, Dec. 20, 1993, 107 Stat. 2454; Pub. L. 103–238, § 21, Apr. 30, 1994, 108 Stat. 561; Pub. L. 104–134, title I, § 101[(a)] [title II, § 211], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–297, title IV, § 402, Oct. 11, 1996, 110 Stat. 3618; Pub. L. 107–372, title III, § 302(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 109–479, title III, § 302(g), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 111–348, title I, § 104, Jan. 4, 2011, 124 Stat. 3671, authorized appropriations, with certain conditions, to the Secretary of Commerce for fiscal years 2007 through 2012.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2467
TITLE 16—CONSERVATION
§ 4104
1 See References in Text note below.
this chapter. For complete classification of title III to
the Code, see Short Title note set out under section
4101 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in par. (1), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, which is classified
principally to chapter 38 (§ 1801 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this title
and Tables.
Proclamation Numbered 5030, referred to in par.
(3)(A), is set out under section 1453 of this title.
AMENDMENTS
1996—Par. (1). Pub. L. 104–208 substituted ‘‘Magnuson-
Stevens Fishery’’ for ‘‘Magnuson Fishery’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–208, div. A, title I, § 101(a) [title II,
§ 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided
that the amendment made by that section is effective
15 days after Oct. 11, 1996.
EFFECTIVE DATE
Section effective Oct. 1, 1987, see section 310 of Pub.
L. 99–659, set out as a note under section 4101 of this
title.
§ 4103. Apportionment
(a) Time when apportionments made
Funds appropriated under section 4107(a) 1 of
this title shall be apportioned by the Secretary
among the States on October 1 of each fiscal
year, or as soon thereafter as practicable.
(b) Apportionment formula
The amount of funds apportioned to each
State shall be determined by the Secretary as
the ratio which the equally weighted average of
the volume and value of fishery resources har-
vested by domestic commercial fishermen and
received within such State during the 3 most re-
cent calendar years for which data satisfactory
to
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