16 U.S.C. § 777m — Multistate conservation grant program

Page 1358 TITLE 16—CONSERVATION § 777l culture and Commerce of Puerto Rico’’, added Amer- ican Samoa to the list of recipients, and substituted maximum limits of apportionment of one percent for Puerto Rico, one-third of one percent for Guam, one- third of one percent for American Samoa and one-third of one percent for Virgin Islands for maximum limit of $10,000 for Puerto Rico, Guam and Virgin Islands to- gether. 1959—Pub. L. 86–70 struck out provisions which au- thorized cooperation with the Alaska Game Commis- sion and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska. 1956—Act Aug. 1, 1956, inserted ‘‘the Governor of Guam’’ after ‘‘Commissioner of Agriculture and Com- merce of Puerto Rico,’’ and ‘‘Guam’’ after ‘‘Puerto Rico’’ in three remaining places those words appear. Act July 2, 1956, struck out provisions which author- ized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agri- culture and Forestry of Hawaii, struck out limitation of $25,000 on the amount of funds which could be appor- tioned to Hawaii in any one year, and substituted ‘‘Ter- ritory of Alaska’’ for ‘‘Territories’’ in two places. 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 2005 AMENDMENTS From Aug. 10, 2005, to end of fiscal year 2005, section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title. Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of this title. 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. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 2, 1956, as applicable only with respect to fiscal years beginning after July 2, 1956, see section 5 of act July 2, 1956, set out as a note under section 669a 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. § 777l. State use of contributions A State may use contributions of funds, real property, materials, and services to carry out an activity under this chapter in lieu of payment by the State of the State share of the cost of such activity. Such a State share shall be con- sidered to be paid in an amount equal to the fair market value of any contribution so used. (Aug. 9, 1950, ch. 658, § 13, as added Pub. L. 100–448, § 6(c)(2), Sept. 28, 1988, 102 Stat. 1841.) Editorial Notes CODIFICATION Another section 13 of act Aug. 9, 1950, ch. 658, which was classified as a note under section 777 of this title, was repealed by Pub. L. 106–408, title I, § 122(a)(1), Nov. 1, 2000, 114 Stat. 1772. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1988, see section 6(e) of Pub. L. 100–448, set out as an Effective Date of 1988 Amend- ment note under section 777 of this title. § 777m. Multistate conservation grant program (a) In general (1) Amount for grants Not more than $3,000,000 shall be distributed to the Secretary of the Interior for making multistate conservation project grants in ac- cordance with this section. (2) Period of availability; apportionment (A) Period of availability Amounts made available under paragraph (1) shall remain available for making grants only for the first fiscal year for which the amount is made available and the following fiscal year. (B) Apportionment At the end of the period of availability under subparagraph (A), the Secretary of the Interior shall apportion any amounts that remain available among the States in the manner specified in section 777c(c) of this title for use by the States in the same man- ner as funds apportioned under section 777c(c) of this title. (b) Selection of projects (1) States or entities to be benefited A project shall not be eligible for a grant under this section unless the project will ben- efit— (A) at least 26 States; (B) a majority of the States in a region of the United States Fish and Wildlife Service; or (C) a regional association of State fish and game departments. (2) Use of submitted priority list of projects The Secretary of the Interior may make grants under this section only for projects identified on a priority list of sport fish res- toration projects described in paragraph (3). (3) Priority list of projects A priority list referred to in paragraph (2) is a priority list of sport fish restoration projects that the International Association of Fish and Wildlife Agencies— (A) prepares through a committee com- prised of the heads of State fish and game departments (or their designees), in con- sultation with— (i) nongovernmental organizations that represent conservation organizations; (ii) sportsmen organizations; and (iii) industries that fund the sport fish restoration programs under this chapter; (B) approves by vote of a majority of the heads of State fish and game departments (or their designees); and Page 1359 TITLE 16—CONSERVATION § 777m (C) not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Pro- grams. (4) Publication The Assistant Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list sub- mitted under paragraph (3)(C). (c) Eligible grantees (1) In general The Secretary of the Interior may make a grant under this section only to— (A) a State or group of States; (B) the United States Fish and Wildlife Service, or a State or group of States, for the purpose of carrying out the National Survey of Fishing, Hunting, and Wildlife-As- sociated Recreation; and (C) subject to paragraph (2), a nongovern- mental organization. (2) Nongovernmental organizations (A) In general Any nongovernmental organization that applies for a grant under this section shall submit with the application to the Inter- national Association of Fish and Wildlife Agencies a certification that the organiza- tion— (i) will not use the grant funds to fund, in whole or in part, any activity of the or- ganization that promotes or encourages opposition to the regulated taking of fish; and (ii) will use the grant funds in compli- ance with subsection (d). (B) Penalties for certain activities Any nongovernmental organization that is found to use grant funds in violation of sub- paragraph (A) shall return all funds received under this section and be subject to any other applicable penalties under law. (d) Use of grants A grant under this section shall not be used, in whole or in part, for an activity, project, or pro- gram that promotes or encourages opposition to the regulated taking of fish. (e) Funding for other activities Not more than $1,200,000 of each annual appro- priation made in accordance with the provisions of section 777b of this title shall be distributed to the Secretary of the Interior for use as fol- lows: (1) $200,000 shall be made available for each of— (A) the Atlantic States Marine Fisheries Commission; (B) the Gulf States Marine Fisheries Com- mission; (C) the Pacific States Marine Fisheries Commission; and (D) the Great Lakes Fisheries Commission. (2) $400,000 shall be made available for the Sport Fishing and Boating Partnership Coun- cil established by the United States Fish and Wildlife Service. (3) A portion, as determined by the Sport Fishing and Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated as of October 1, 2021, shall be used to study the im- pact of derelict vessels and identify recyclable solutions for recreational vessels. (f) Nonapplicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to any ac- tivity carried out under this section. (Aug. 9, 1950, ch. 658, § 14, as added Pub. L. 106–408, title I, § 122(a), Nov. 1, 2000, 114 Stat. 1772; amended Pub. L. 109–59, title X, § 10118, Aug. 10, 2005, 119 Stat. 1929; Pub. L. 109–241, title IX, § 901(r)(2), July 11, 2006, 120 Stat. 566; Pub. L. 111–281, title IX, § 903(a)(3), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 114–94, div. A, title X, § 10001(f), Dec. 4, 2015, 129 Stat. 1621; Pub. L. 117–58, div. B, title VIII, § 28001(a)(3), Nov. 15, 2021, 135 Stat. 887; Pub. L. 117–286, § 4(a)(103), Dec. 27, 2022, 136 Stat. 4317.) Editorial Notes AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2021—Subsec. (e)(3). Pub. L. 117–58 added par. (3). 2015—Subsec. (a)(1). Pub. L. 114–94, § 10001(f)(1), struck out ‘‘of each annual appropriation made in accordance with the provisions of section 777b of this title’’ after ‘‘$3,000,000’’. Subsec. (e). Pub. L. 114–94, § 10001(f)(2)(A), in introduc- tory provisions, substituted ‘‘Not more than $1,200,000 of each annual appropriation made in accordance with the provisions of section 777b of this title shall be dis- tributed to the Secretary of the Interior for use as fol- lows:’’ for ‘‘Of amounts made available under section 777c(b) of this title for each fiscal year—’’. Subsec. (e)(1)(D). Pub. L. 114–94, § 10001(f)(2)(B), sub- stituted period at end for ‘‘; and’’. 2010—Subsec. (a)(1). Pub. L. 111–281 made technical correction to directory language of Pub. L. 109–241, § 901(r)(2). See 2006 Amendment note below. 2006—Subsec. (a)(1). Pub. L. 109–241, § 901(r)(2), as amended by Pub. L. 111–281, substituted ‘‘Not more than’’ for ‘‘For each of fiscal years 2006 through 2009, not more than’’. 2005—Subsec. (a)(1). Pub. L. 109–59, § 10118(1), reen- acted subsec. (a) and par. (1) headings without change and amended text of par. (1) generally. Prior to amend- ment, text read as follows: ‘‘Of the balance of each an- nual appropriation made under section 777b of this title remaining after the distribution and use under sub- sections (a), (b), and (c) of section 777c of this title in a fiscal year, not more than $3,000,000 shall be available to the Secretary of the Interior for making multistate conservation project grants in accordance with this section.’’ Subsec. (a)(2)(B). Pub. L. 109–59, § 10118(2), substituted ‘‘section 777c(c)’’ for ‘‘section 777c(e)’’ in two places. Subsec. (e). Pub. L. 109–59, § 10118(3), added introduc- tory provisions and struck out former introductory provisions which read as follows: ‘‘Of the balance of each annual appropriation made under section 777b of this title remaining after the distribution and use under subsections (a), (b), and (c) of section 777c of this title for each fiscal year and after deducting amounts used for grants under subsection (a) of this section—’’. 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 Page 1360 TITLE 16—CONSERVATION § 777n under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(3) is effective with enactment of Pub. L. 109–241. EFFECTIVE DATE OF 2005 AMENDMENTS From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (a)(1), (2)(B) and (e) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title. Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of this title. § 777n. Repealed. Pub. L. 114–94, div. A, title X, § 10001(g)(1), Dec. 4, 2015, 129 Stat. 1621 Section, act Aug. 9, 1950, ch. 658, § 15, as added Pub. L. 109–59, title X, § 10119, Aug. 10, 2005, 119 Stat. 1929; amended Pub. L. 109–74, title I, § 103, Sept. 29, 2005, 119 Stat. 2031, related to expenditure of remaining balance in the Boat Safety Account. A prior section 15 of act Aug. 9, 1950, was renumbered section 16 and is set out as a note under section 777 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see sec- tion 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees. CHAPTER 10C—FISH RESEARCH AND EXPERIMENTATION PROGRAM Sec. 778. Establishment of experiment stations; pur- pose of research. 778a. Acquisition of lands; construction of build- ings; employment of personnel; cooperation with other agencies; publication of results. 778b. Cooperation with Secretary of the Interior. 778c. Authorization of appropriations. 778d to 778h. Omitted. § 778. Establishment of experiment stations; pur- pose of research The Secretary of Agriculture shall establish 1 or more centers for the purpose of carrying on a program of research and experimentation— (1) to determine species of fishes most suit- able for culture on a commercial basis in shal- low reservoirs and flooded rice lands; (2) to determine methods for production of fingerling fishes for stocking in commercial reservoirs; (3) to develop methods for the control of parasites and diseases of brood fishes and of fingerlings prior to stocking; (4) to develop economical methods for rais- ing the more desirable species of fishes to a marketable size; (5) to determine, in cooperation with the Secretary of the Interior, the effects of fish- rice rotations, including crops other than rice commonly grown on rice farms, upon both the fish and other crops; and (6) to develop suitable methods for har- vesting the fish crop and preparing it for mar- keting, including a study of sport fishing as a means of such harvest. (Pub. L. 85–342, § 1, Mar. 15, 1958, 72 Stat. 35; Pub. L. 104–127, title VIII, § 889(a)(1), Apr. 4, 1996, 110 Stat. 1180.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127, in introductory provisions, sub- stituted ‘‘Secretary of Agriculture shall’’ for ‘‘Sec- retary of the Interior is authorized and directed to’’ and ‘‘1 or more centers’’ for ‘‘an experiment station or stations’’ and, in par. (5), substituted ‘‘Secretary of the Interior’’ for ‘‘Department of Agriculture’’. § 778a. Acquisition of lands; construction of buildings; employment of personnel; coopera- tion with other agencies; publication of re- sults For the purpose of carrying out the provisions of this chapter, the Secretary of Agriculture is authorized (1) to acquire by purchase, con- demnation, or otherwise such suitable lands, to construct such buildings, to acquire such equip- ment and apparatus, and to employ such officers and employees as he deems necessary; (2) to co- operate with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3) to make public the results of such research and experi- ments conducted pursuant to section 778 of this title. (Pub. L. 85–342, § 2, Mar. 15, 1958, 72 Stat. 35; Pub. L. 104–127, title VIII, § 889(a)(2), Apr. 4, 1996, 110 Stat. 1180.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 substituted ‘‘the Secretary of Agriculture is authorized’’ for ‘‘the Secretary of the In- terior is authorized’’. § 778b. Cooperation with Secretary of the Inte- rior The Secretary of the Interior is authorized to cooperate in carrying out the provisions of this chapter by furnishing such information and as- sistance as may be requested by the Secretary of Agriculture. (Pub. L. 85–342, § 3, Mar. 15, 1958, 72 Stat. 35; Pub. L. 104–127, title VIII, § 889(a)(3), Apr. 4, 1996, 110 Stat. 1180.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 substituted ‘‘the Secretary of the Interior’’ for ‘‘The Department of Agriculture’’ and ‘‘requested by the Secretary of Agriculture’’ for ‘‘re- quested by the Secretary of the Interior’’. § 778c. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 85–342, § 4, Mar. 15, 1958, 72 Stat. 35.) §§ 778d to 778h. Omitted Editorial Notes CODIFICATION Sections, Pub. L. 89–701, §§ 1–5, Nov. 2, 1966, 80 Stat. 1089, 1090, related to fish protein concentrate and au-