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16 U.S.C. § 777 — Federal-State relationships
Federal law — U.S. Code and appendices · legal_authorities
Page 1339
TITLE 16—CONSERVATION
§ 777
1 So in original. Probably should be section ‘‘262b’’.
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 773j. Authorization of appropriations
There is hereby authorized to be appropriated
for fiscal year 1983 and beyond, such sums as
may be necessary for carrying out the Conven-
tion and this subchapter, including—
(a) necessary travel expenses of the United
States Commissioners or alternate Commis-
sioners; and
(b) the United States share of the joint ex-
penses of the Commission: Provided, That the
Commissioners shall not, with respect to com-
mitments concerning the United States share
of the joint expenses of the Commission, be
subject to section 262(b) 1 of title 22 insofar as
it limits the authority of United States rep-
resentatives to international organizations
with respect to such commitments.
(Pub. L. 97–176, § 12, May 17, 1982, 96 Stat. 84.)
§ 773k. Location of office space and other facili-
ties on or near University of Washington
campus in State of Washington
There are hereby authorized to be appro-
priated such sums as may be necessary for the
Secretary of State to provide for fiscal year 1983
and beyond, by contract, grant, or otherwise, fa-
cilities for office and any other necessary space
for the Commission. Such facilities shall be lo-
cated on or near the campus of the University of
Washington in the State of Washington and
shall be provided without regard to the cost-
sharing provisions in the Convention.
(Pub. L. 97–176, § 13, May 17, 1982, 96 Stat. 84.)
CHAPTER 10A—SOCKEYE
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Page 1339
TITLE 16—CONSERVATION
§ 777
1 So in original. Probably should be section ‘‘262b’’.
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 773j. Authorization of appropriations
There is hereby authorized to be appropriated
for fiscal year 1983 and beyond, such sums as
may be necessary for carrying out the Conven-
tion and this subchapter, including—
(a) necessary travel expenses of the United
States Commissioners or alternate Commis-
sioners; and
(b) the United States share of the joint ex-
penses of the Commission: Provided, That the
Commissioners shall not, with respect to com-
mitments concerning the United States share
of the joint expenses of the Commission, be
subject to section 262(b) 1 of title 22 insofar as
it limits the authority of United States rep-
resentatives to international organizations
with respect to such commitments.
(Pub. L. 97–176, § 12, May 17, 1982, 96 Stat. 84.)
§ 773k. Location of office space and other facili-
ties on or near University of Washington
campus in State of Washington
There are hereby authorized to be appro-
priated such sums as may be necessary for the
Secretary of State to provide for fiscal year 1983
and beyond, by contract, grant, or otherwise, fa-
cilities for office and any other necessary space
for the Commission. Such facilities shall be lo-
cated on or near the campus of the University of
Washington in the State of Washington and
shall be provided without regard to the cost-
sharing provisions in the Convention.
(Pub. L. 97–176, § 13, May 17, 1982, 96 Stat. 84.)
CHAPTER 10A—SOCKEYE OR PINK SALMON
FISHING
§§ 776 to 776f. Repealed. Pub. L. 99–5, § 13, Mar.
15, 1985, 99 Stat. 15
Section 776, acts July 29, 1947, ch. 345, § 2, 61 Stat. 511;
July 11, 1957, Pub. L. 85–102, §§ 1–3, 71 Stat. 293, provided
definitions for this chapter. See section 3631 et seq. of
this title.
Section 776a, acts July 29, 1947, ch. 345, § 3, 61 Stat.
511; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to unlawful acts by persons or vessels. See section 3631
et seq. of this title.
Section 776b, acts July 29, 1947, ch. 345, § 4, 61 Stat.
512; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to penalties imposed for the omission of or fraudulent
returns, records, and reports. See section 3631 et seq. of
this title.
Section 776c, acts July 29, 1947, ch. 345, § 5, 61 Stat.
512; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to penalties and forfeitures, and procedures involving
violations. See section 3631 et seq. of this title.
Section 776d, acts July 29, 1947, ch. 345, § 6, 61 Stat.
513; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294; Oct. 17,
1968, Pub. L. 90–578, title IV, § 402(b)(2), 82 Stat. 1118; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, provided enforcement procedures for this chapter.
See section 3631 et seq. of this title.
Section 776e, acts July 29, 1947, ch. 345, § 7, 61 Stat.
514; July 11, 1957, Pub. L. 85–102, § 4, 71 Stat. 294, related
to the cooperation of Federal agencies and the conduct
of scientific investigations. See section 3631 et seq. of
this title.
Section 776f, acts July 29, 1947, ch. 345, § 8, 61 Stat. 514;
Oct. 18, 1972, Pub. L. 92–504, 86 Stat. 907, related to au-
thorizations. See section 3631 et seq. of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 99–5, § 13, Mar. 15, 1985, 99 Stat. 15, provided
that the repeal of this chapter is effective Dec. 31, 1985.
EFFECTIVE DATE
Act July 29, 1947, ch. 345, § 10, 61 Stat. 514, which pro-
vided that this Act [this chapter] shall be effective
thirty days from the date of its approval [July 29, 1947],
was repealed by Pub. L. 99–5, § 13, Mar. 15, 1985, 99 Stat.
15.
SHORT TITLE
Act July 29, 1947, ch. 345, § 1, 61 Stat. 511, as amended
by Pub. L. 85–102, § 3, July 11, 1957, 71 Stat. 294, which
provided that this Act [this chapter] may be cited as
the ‘‘Sockeye Salmon or Pink Salmon Fishing Act of
1947’’, was repealed by Pub. L. 99–5, § 13, Mar. 15, 1985, 99
Stat. 15.
SAVINGS PROVISION
Act July 29, 1947, ch. 345, § 9, 61 Stat. 514, which pro-
vided that if any provision of this Act [this chapter] is
held invalid for any cause, such invalidity shall not af-
fect the other provisions hereof, was repealed by Pub.
L. 99–5, § 13, Mar. 15, 1985, 99 Stat. 15.
CHAPTER 10B—FISH RESTORATION AND
MANAGEMENT PROJECTS
Sec.
777.
Federal-State relationships.
777a.
Definitions.
777b.
Authorization of appropriations.
777c.
Division of annual appropriations.
777d.
Certification of funds deducted for expenses
and amounts apportioned to States.
777e.
Submission
and
approval
of
plans
and
projects.
777e–1.
New England Fishery Resources Restoration
Act of 1990.
777f.
Payments by United States.
777g.
Maintenance of projects.
777g–1.
Boating infrastructure.
777h.
Requirements and restrictions concerning use
of amounts for expenses for administration.
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.
777n.
Repealed.
§ 777. Federal-State relationships
(a) Cooperation between Federal Government
and State fish and game departments; ex-
penditure of funds
The Secretary of the Interior is authorized and
directed to cooperate with the States through
their respective State fish and game depart-
ments in fish restoration and management
projects as hereinafter set forth: No money ap-
portioned under this chapter to any State, ex-
cept as hereinafter provided, shall be expended
Page 1340
TITLE 16—CONSERVATION
§ 777
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 con-
servation of fish, which shall include a prohibi-
tion against the diversion of license fees paid by
fishermen for any other purpose than the admin-
istration of said State fish and game depart-
ment, 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 chap-
ter, and all projects shall conform to the stand-
ards fixed by the Secretary of the Interior.
(b) Allocation of amounts by coastal States be-
tween marine fish projects and freshwater
fish projects
(1) In general
Subject to paragraph (2), each coastal State,
to the extent practicable, shall equitably allo-
cate amounts apportioned to such State under
this chapter between marine fish projects and
freshwater fish projects in the same propor-
tion as the estimated number of resident ma-
rine anglers and the estimated number of resi-
dent freshwater anglers, respectively, bear to
the estimated number of all resident anglers
in that State.
(2) Preservation of freshwater project alloca-
tion at 1988 level
(A) Subject to subparagraph (B), the amount
allocated by a State pursuant to this sub-
section to freshwater fish projects for each fis-
cal year shall not be less than the amount al-
located by such State to such projects for fis-
cal 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 appor-
tioned to the State under this chapter for fis-
cal year 1988.
(3) ‘‘Coastal State’’ defined
As used in this subsection, the term ‘‘coastal
State’’ means any one of the States of Ala-
bama, Alaska, California, Connecticut, Dela-
ware, Florida, Georgia, Hawaii, Louisiana,
Maine, Maryland, Massachusetts, Mississippi,
New Hampshire, New Jersey, New York, North
Carolina, Oregon, Rhode Island, South Caro-
lina, Texas, Virginia, and Washington. The
term also includes the Commonwealth of
Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
(Aug. 9, 1950, ch. 658, § 1, 64 Stat. 430; Pub. L.
98–369, div. A, title X, § 1014(a)(1), July 18, 1984, 98
Stat. 1015; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 100–448, § 6(c)(1), Sept. 28, 1988,
102 Stat. 1840.)
Editorial Notes
AMENDMENTS
1988—Subsec. (b). Pub. L. 100–448 substituted ‘‘Alloca-
tion of amounts by coastal States between marine fish
projects and freshwater fish projects’’ for ‘‘Allocation
of funds by coastal States; formula; ‘coastal State’ de-
fined’’ 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 fresh-
water fish projects in the same proportion as the esti-
mated number of resident marine anglers and the esti-
mated number of resident freshwater anglers, respec-
tively, bear to the estimated number of all resident an-
glers 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 Re-
form 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, Cali-
fornia, Connecticut, Delaware, Florida, Georgia, Ha-
waii, Louisiana, Maine, Maryland, Massachusetts, Mis-
sissippi, 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 Vir-
gin Islands, Guam, American Samoa, and the Common-
wealth of the Northern Marianas.’’
1986—Subsec. (b)(1). Pub. L. 99–514 substituted ‘‘Inter-
nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
of 1954’’, which for purposes of codification was trans-
lated as ‘‘title 26’’ thus requiring no change in text.
1984—Pub. L. 98–369 designated existing provisions as
subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–448, § 6(e), Sept. 28, 1988, 102 Stat. 1841, pro-
vided 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
Pub. L. 98–369, div. A, title X, § 1014(b), July 18, 1984,
98 Stat. 1016, 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
Act Aug. 9, 1950, ch. 658, § 13, 64 Stat. 434, which pro-
vided that the effective date of this chapter was July 1,
1950, was repealed by Pub. L. 106–408, title I, § 122(a)(1),
Nov. 1, 2000, 114 Stat. 1772.
SHORT TITLE OF 2012 AMENDMENT
Pub. L. 112–141, div. C, title IV, § 34001, July 6, 2012, 126
Stat. 841, provided that: ‘‘This title [amending section
777c of this title] may be cited as the ‘Sport Fish Res-
toration and Recreational Boating Safety Act of 2012’.’’
SHORT TITLE OF 2005 AMENDMENTS
Pub. L. 109–74, § 1, Sept. 29, 2005, 119 Stat. 2030, pro-
vided that: ‘‘This Act [amending sections 777c and 777n
of this title, section 9504 of Title 26, Internal Revenue
Code, and section 13106 of Title 46, Shipping, enacting
Page 1341
TITLE 16—CONSERVATION
§ 777
provisions set out as notes under section 777b of this
title and section 9504 of Title 26, and repealing provi-
sions set out as a note under section 777b of this title]
may be cited as the ‘Sportfishing and Recreational
Boating Safety Amendments Act of 2005’.’’
Pub. L. 109–59, title X, § 10101, Aug. 10, 2005, 119 Stat.
1926,
provided
that:
‘‘This
subtitle
[subtitle
A
(§§ 10101–10143) of title X of Pub. L. 109–59, enacting sec-
tion 777n of this title, amending sections 777b, 777c,
777g, 777g–1, 777h, 777k, and 777m of this title and sec-
tions 13102, 13104, and 13106 of Title 46, Shipping, enact-
ing provisions set out as a note under section 777b of
this title, and amending provisions set out as a note
under this section and section 1322 of Title 33, Naviga-
tion and Navigable Waters] may be cited as the
‘Sportfishing and Recreational Boating Safety Act of
2005’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–178, title VII, § 7401(a), June 9, 1998, 112
Stat. 482, provided that: ‘‘This subtitle [subtitle D
(§§ 7401–7405) of title VII of Pub. L. 105–178, enacting sec-
tion 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
Pub. L. 91–503, title II, § 204, 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 ‘Fed-
eral Aid in Fish Restoration Act Amendments of 1970’.’’
SHORT TITLE
Act Aug. 9, 1950, ch. 658, § 15, formerly § 16, formerly
§ 15, as added by Pub. L. 106–408, title I, § 101(c), Nov. 1,
2000, 114 Stat. 1763; renumbered § 16, Pub. L. 109–59, title
X, § 10119, Aug. 10, 2005, 119 Stat. 1929; renumbered § 15,
Pub. L. 114–94, div. A, title X, § 10001(g)(2), Dec. 4, 2015,
129 Stat. 1621, 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’’.
FISHERIES RESTORATION AND IRRIGATION MITIGATION
Pub. L. 106–502, Nov. 13, 2000, 114 Stat. 2294, as amend-
ed by Pub. L. 111–11, title XIII, § 13002, Mar. 30, 2009, 123
Stat. 1447; Pub. L. 114–322, title III, § 4010(b)(7), Dec. 16,
2016, 130 Stat. 1874, 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 ‘Pa-
cific Ocean drainage area’ means the area comprised
of portions of the States of Oregon, Washington, Mon-
tana, Idaho, and California from which water drains
into the Pacific Ocean.
‘‘(2) PROGRAM.—The term ‘Program’ means the
Fisheries Restoration and Irrigation Mitigation Pro-
gram 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 Fish-
eries 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 Sec-
retary, in consultation with the heads of other appro-
priate 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 installa-
tion 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
$2,500,000.
‘‘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 par-
ticipate 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 devel-
opment 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 Sec-
retary, as applicable, and any applicable State re-
quirements; 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 Sec-
retary 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,
Page 1342
TITLE 16—CONSERVATION
§ 777a
dredged material disposal areas, and relocations nec-
essary for the project.
‘‘(c) CREDIT FOR CONTRIBUTIONS.—
‘‘(1) IN
GENERAL.—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.
‘‘(2) BONNEVILLE POWER ADMINISTRATION.—
‘‘(A) IN
GENERAL.—The Secretary may, without
further appropriation and without fiscal year limi-
tation, accept any amounts provided to the Sec-
retary by the Administrator of the Bonneville
Power Administration.
‘‘(B) NON-FEDERAL SHARE.—Any amounts provided
by the Bonneville Power Administration directly or
through a grant to another entity for a project car-
ried under the Program shall be credited toward the
non-Federal share of the costs of the project.
‘‘(d) ADDITIONAL COSTS.—
‘‘(1) NON-FEDERAL RESPONSIBILITIES.—The non-Fed-
eral 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 as-
sociated with operating, maintaining, repairing, re-
habilitating, and replacing the project.
‘‘(2) FEDERAL RESPONSIBILITY.—The Federal Govern-
ment 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 FUND-
ING.
‘‘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
any amounts are made available to carry out this Act,
the Secretary shall, after partnering with local govern-
mental entities and the States in the Pacific Ocean
drainage area, 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 re-
maining fiscal years for which amounts are author-
ized to be appropriated under section 10; and
‘‘(3) recommended changes to the Program as a re-
sult of projects that have been carried out under this
Act.
‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $15 million through 2021.
‘‘(b) LIMITATIONS.—
‘‘(1) SINGLE STATE.—
‘‘(A) IN GENERAL.—Except as provided in subpara-
graph (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 subpara-
graph (A) if a State is unable to use the entire
amount of funding made available to the State
under this Act.
‘‘(2) ADMINISTRATIVE EXPENSES.—
‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In
this paragraph, the term ‘administrative expense’
means,
except
as
provided
in
subparagraph
(B)(iii)(II), any expenditure relating to—
‘‘(i) staffing and overhead, such as the rental of
office space and the acquisition of office equip-
ment; and
‘‘(ii) the review, processing, and provision of ap-
plications for funding under the Program.
‘‘(B) LIMITATION.—
‘‘(i) IN GENERAL.—Not more than 6 percent of
amounts made available to carry out this Act for
each fiscal year may be used for Federal and
State administrative expenses of carrying out
this Act.
‘‘(ii) FEDERAL AND STATE SHARES.—To the max-
imum extent practicable, of the amounts made
available
for
administrative
expenses
under
clause (i)—
‘‘(I) 50 percent shall be provided to the State
agencies provided assistance under the Pro-
gram; and
‘‘(II) an amount equal to the cost of 1 full-
time equivalent Federal employee, as deter-
mined by the Secretary, shall be provided to the
Federal agency carrying out the Program.
‘‘(iii) STATE
EXPENSES.—Amounts made avail-
able to States for administrative expenses under
clause (i)—
‘‘(I) shall be divided evenly among all States
provided assistance under the Program; and
‘‘(II) may be used by a State to provide tech-
nical assistance relating to the program, in-
cluding any staffing expenditures (including
staff travel expenses) associated with—
‘‘(aa) arranging meetings to promote the
Program to potential applicants;
‘‘(bb) assisting applicants with the prepara-
tion of applications for funding under the Pro-
gram; and
‘‘(cc) visiting construction sites to provide
technical assistance, if requested by the appli-
cant.’’
[Pub. L. 114–322, title III, § 4010(b)(7)(A), Dec. 16, 2016,
130 Stat. 1874, which directed the amendment of section
10(a) of Pub. L. 106–502, set out above, by substituting
‘‘$15 million through 2021’’ for ‘‘$25 million for each of
fiscal years 2009 through 2015’’, was executed by making
the substitution for ‘‘$25,000,000 for each of fiscal years
2009 through 2015’’ to reflect the probable intent of Con-
gress.]
Executive Documents
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior in view of: creation of Na-
tional Oceanic and Atmospheric Administration in De-
partment of Commerce and Office of Administrator of
such Administration; abolition of Bureau of Commer-
cial Fisheries in Department of the Interior and Office
of Director of such Bureau; transfers of functions, in-
cluding functions formerly vested by law in Secretary
of the Interior or Department of the Interior which
were administered through Bureau of Commercial Fish-
eries or were primarily related to such Bureau, exclu-
sive 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.
§ 777a. Definitions
For purposes of this chapter—
(1) the term ‘‘fish restoration and manage-
ment projects’’ shall be construed to mean
projects designed for the restoration and man-
agement of all species of fish which have ma-
terial value in connection with sport or recre-
ation 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 nec-
essary to efficient administration affecting
fish resources;
(B) the acquisition of such facts as are nec-
essary to guide and direct the regulation of
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 777
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.