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 and projects (a) Apportionment of funds Any State desiring to avail itself of the bene- fits 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 en- richment 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 es- tablished 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 appor- tioned under this chapter upon his approval of an annual agreement submitted to him. (2) A State may elect to avail itself of the ben- efits 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 esti- mates therefor as he may require. If the Sec- retary of the Interior approves the plans, speci- fications, and estimates for the project, he shall notify the State fish and game department and immediately set aside so much of said appro- priation 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 Sec- retary of the Interior. (b) ‘‘Project’’ defined If the State elects to avail itself of the bene- fits of this chapter by preparing a comprehen- sive 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 defini- tions 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 pro- grams 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 acquisi- tion 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 inter- ests therein and the construction of structures or facilities from appropriations currently avail- able for the purposes of this chapter; and to agree to finance up to 75 per centum of the re- maining 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. (Aug. 9, 1950, ch. 658, § 6, 64 Stat. 432; Pub. L. 91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1102; Page 1351 TITLE 16—CONSERVATION § 777e–1 Pub. L. 98–369, div. A, title X, § 1014(a)(5), July 18, 1984, 98 Stat. 1016; Pub. L. 114–94, div. A, title X, § 10001(c), Dec. 4, 2015, 129 Stat. 1621.) Editorial Notes AMENDMENTS 2015—Subsec. (d). Pub. L. 114–94 substituted ‘‘from ap- propriations’’ for ‘‘for appropriations’’. 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. 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–1. New England Fishery Resources Res- toration Act of 1990 (a) Short title This section may be cited as the ‘‘New Eng- land Fishery Resources Restoration Act of 1990’’. (b) Purposes The purposes of this section are to— (1) ensure timely and effective implementa- tion of restoration plans and programs for At- lantic salmon and other fishery resources of selected river systems in New England; (2) complete a study of fish passage impedi- ments 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 restora- tion plans The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the Assistant Ad- ministrator for Fisheries of the National Oce- anic and Atmospheric Administration shall for- mulate, 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 accord- ance with the schedule and responsibilities es- tablished in comprehensive basin-wide restora- tion plans prepared by the Director in coopera- tion with State, local, and other entities in- volved 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 res- toration program which shall be entered into by the Director and cooperating entities. The Di- rector 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 pas- sage of fish in rivers and streams in the New England States due to dams that are not li- censed by the Federal Energy Regulatory Com- mission 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 En- ergy Regulatory Commission and other human-caused obstructions on New England rivers and streams where construction of up- stream or downstream fish passage facilities or their removal would benefit fishery re- sources, including an estimate of the degree of benefits expected; and (2) the proposed nature and size and esti- mated cost of appropriate fish passage facili- ties or other actions determined to be nec- essary and feasible or each dam or other ob- struction identified in response to paragraph (1). The Director shall provide notice to the public of the extent and nature of the study by publica- tion of such information in major newspapers in the region and by other appropriate means. Within three years of November 16, 1990, the Di- rector shall submit a report containing the find- ings, conclusions and recommendations of the study to the House Committee on Merchant Ma- rine and Fisheries and the Senate Committee on Environment and Public Works. (e) New England rivers fish and wildlife inven- tory The Director shall inventory the natural val- ues of river basins in New England, including the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth County, Massachu- setts), Charles, Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. Croix, and