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16 U.S.C. § 777h — Requirements and restrictions concerning use of amounts for expenses for administration
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-777h-requirements-and-restrictions-concerning-use-of-amounts-for-expenses-for--850fee6676.md
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Source location: Title 16, Chapter 10B, § 777h; chapter-10b-fish-restoration-and-management-projects.md
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**(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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777e&num=0&edition=prelim) by each State fish and game department;
(6) costs of audits under subsection (d);
(7) costs of necessary training of Federal and State personnel who administer this chapter to improve administration of this chapter;
(8) costs of travel to States, territories, and Canada by personnel who—
(A) administer this chapter for purposes directly related to administration of State programs or projects; or
(B) administer grants under section 777e or 777m of this title;
(9) costs of travel outside the United States (except travel to Canada), by personnel who administer this chapter, 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;
(10) relocation expenses for personnel who, after relocation, will administer this chapter on a full-time or part-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, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this chapter may not exceed the percentage of the work hours of the employee that are spent administering this chapter; and
(11) 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(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777c/b&num=0&edition=prelim) should be used for an expense for administration other than an expense for administration described in subsection (a), 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) 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 132 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section132&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
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 and Boating Trust Fund established by [section 9504(a) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9504/a&num=0&edition=prelim) the amounts paid, transferred, or otherwise credited to that Trust Fund, except as provided in [section 9504(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9504/c&num=0&edition=prelim). 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 succeeding fiscal years. 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 to supplement the 58.012 percent of the balance of each annual appropriation to be apportioned among the States, as provided for in [section 777c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777c/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 777b
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 777e
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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “competitive procedures” means procedures under which an agency enters into a contract pursuant to full and open competition.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 132
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For each fiscal year through fiscal year 2026, the balance of each annual appropriation made in accordance with the provisions of [section 777b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777b&num=0&edition=prelim) remaining after the distributions for administrative expenses and other purposes under subsection (b) and for activities under [section 777m(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777m/e&num=0&edition=prelim) shall be distributed as follows:
(1) **Coastal wetlands** — An amount equal to 18.673 percent to the Secretary of the Interior for distribution as provided in the Coastal Wetlands Planning, Protection,11 So in original. The comma probably should not appear. and Restoration Act ([16 U.S.C. 3951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3951&num=0&edition=prelim) et seq.).
(2) **Boating safety** — An amount equal to 17.315 percent to the Secretary of the department in which the Coast Guard is operating for State recreational boating safety programs under [section 13107 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section13107&num=0&edition=prelim).
(3) **Boating infrastructure improvement**
(A) *In general* — An amount equal to 4 percent to the Secretary of the Interior for qualified projects under section 5604(c) of the Clean Vessel Act of 1992 ([33 U.S.C. 1322](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322&num=0&edition=prelim) note) and [section 777g–1(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section777g–1/d&num=0&edition=prelim).
(B) *Limitation* — Not more than 75 percent o
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 777c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1355
TITLE 16—CONSERVATION
§ 777h
(A) consist of the construction, renova-
tion, or maintenance of facilities for tran-
sient nontrailerable recreational vessels in
accordance with a plan submitted by a State
under subsection (c);
(B) provide for public/private partnership
efforts to develop, maintain, and operate fa-
cilities for transient nontrailerable rec-
reational 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 Is-
lands.
(Pub. L. 105–178, title VII, § 7404, June 9, 1998, 112
Stat. 486; Pub. L. 105–206, title IX, § 9012(c), July
22, 1998, 112 Stat. 864; Pub. L. 109–59, title X,
§ 10115, Aug. 10, 2005, 119 Stat. 1928.)
Editorial Notes
REFERENCES IN TEXT
Paragraph (4) of section 777c(a), referred to in subsec.
(d)(1), was repealed by Pub. L. 114–94, div. A, title X,
§ 10001(b)(1)(D), Dec. 4, 2015, 129 Stat
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 777h
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