CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS
Title 16 > CHAPTER 10B
Sections (27)
§ 777 Federal-State relationships
(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 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 number of resident freshwater anglers, respectively, bear to the estimated number of all resident anglers in that State. Subject to subparagraph (B), the amount allocated by a State pursuant to this subsection to freshwater fish projects for each fiscal year shall not be less than the amount allocated by such State to such projects for fiscal year 1988. 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 apportioned to the State under this chapter for fiscal year 1988. As used in this subsection, the term “coastal State” means any one of the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, 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 Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“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: The term ‘Pacific Ocean drainage area’ means the area comprised of portions of the States of Oregon, Washington, Montana, Idaho, and California from which water drains into the Pacific Ocean. The term ‘Program’ means the Fisheries Restoration and Irrigation Mitigation Program established by section 3(a). 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 Fisheries Restoration and Irrigation Mitigation Program within the Department of the Interior.
(“(b) Goals.— The goals of the Program are— 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 to decrease the incidence of juvenile and adult fish entering water supply systems.
(“(c) Impacts on Fisheries.— Under the Program, the Secretary, in consultation with the heads of other appropriate 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. Projects eligible under the Program may include— the development, improvement, or installation of— fish screens; fish passage devices; and other related features agreed to by non-Federal interests, relevant Federal and tribal agencies, and affected States; and inventories by the States on the need and priority for projects described in clauses (i) through (iii). 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.— Non-Federal participation in the Program shall be voluntary. 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 participate 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 development under the Program shall be conducted on the basis of— 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; the size and type of water diversion; the availability of other funding sources; cost effectiveness; and 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— the project meets the requirements of the Secretary, as applicable, and any applicable State requirements; and 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 Secretary shall— consult with other Federal, State, tribal, and local agencies; and 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, dredged material disposal areas, and relocations necessary for the project.
(“(c) Credit for Contributions.— 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. The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the Program shall be credited toward the non-Federal share of the costs of the project.
(“(d) Additional Costs.— The non-Federal 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 associated with operating, maintaining, repairing, rehabilitating, and replacing the project. The Federal Government 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 FUNDING.
“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 governmental entities and the States in the Pacific Ocean drainage area, submit to Congress a report describing— the projects that have been completed under this Act; the projects that will be completed with amounts made available under this Act during the remaining fiscal years for which amounts are authorized to be appropriated under section 10; and recommended changes to the Program as a result of projects that have been carried out under this Act.
“SEC. 10 AUTHORIZATION OF APPROPRIATIONS.
(“(a) In General.— There is authorized to be appropriated to carry out this Act $15 million through 2021.
(“(b) Limitations.— Except as provided in subparagraph (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. On notification to Congress, the Secretary may waive the limitation under subparagraph (A) if a State is unable to use the entire amount of funding made available to the State under this Act. In this paragraph, the term ‘administrative expense’ means, except as provided in subparagraph (B)(iii)(II), any expenditure relating to— staffing and overhead, such as the rental of office space and the acquisition of office equipment; and the review, processing, and provision of applications for funding under the Program. 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. To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)— 50 percent shall be provided to the State agencies provided assistance under the Program; and an amount equal to the cost of 1 full-time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program. Amounts made available to States for administrative expenses under clause (i)— shall be divided evenly among all States provided assistance under the Program; and may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with— arranging meetings to promote the Program to potential applicants; assisting applicants with the preparation of applications for funding under the Program; and visiting construction sites to provide technical assistance, if requested by the applicant.”
§ 777a Definitions
For purposes of this chapter— the term “fish restoration and management projects” shall be construed to mean projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the United States and include— such research into problems of fish management and culture as may be necessary to efficient administration affecting fish resources; the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing and/or natural causes, the necessity of legal regulation of fishing, and the effects of any measures of regulation that are applied; the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans; the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; the term “State fish and game department” shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department; the term “outreach and communications program” means a program to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices, to promote conservation and the responsible use of the Nation’s aquatic resources, and to further safety in fishing and boating; and the term “aquatic resource education program” means a program designed to enhance the public’s understanding of aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment. ( Aug. 9, 1950, ch. 658, § 2 , 64 Stat. 431 ; July 2, 1956, ch. 489, § 3 , 70 Stat. 473 ; Pub. L. 86–624, § 12 , July 12, 1960 , 74 Stat. 413 ; Pub. L. 105–178, title VII, § 7402(a) , June 9, 1998 , 112 Stat. 483 .)
§ 777b Authorization of appropriations
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 the amounts paid, transferred, or otherwise credited to that Trust Fund, except as provided in section 9504(c) of title 26 . 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 . ( Aug. 9, 1950, ch. 658, § 3 , 64 Stat. 431 ; Pub. L. 98–369, div. A, title X, § 1014(a)(2) , July 18, 1984 , 98 Stat. 1015 ; Pub. L. 99–514, § 2 , Oct. 22, 1986 , 100 Stat. 2095 ; Pub. L. 109–59, title X, § 10112(a) , (b)(1), Aug. 10, 2005 , 119 Stat. 1927 ; Pub. L. 114–94, div. A, title X, § 10001(a) , Dec. 4, 2015 , 129 Stat. 1619 .)
§ 777c Division of annual appropriations
(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 remaining after the distributions for administrative expenses and other purposes under subsection (b) and for activities under section 777m(e) of this title shall be distributed as follows: An amount equal to 18.673 percent to the Secretary of the Interior for distribution as provided in the Coastal Wetlands Planning, Protection, 1 and Restoration Act ( 16 U.S.C. 3951 et seq.). 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 . 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 note) and section 777g–1(d) of this title . Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A). An amount equal to 2.0 percent to the Secretary of the Interior for the National Outreach and Communications Program under section 777g(d) of this title . Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated by the Secretary for that program may be expended by the Secretary under subsection (c) of this section.
(b) Set-aside for expenses for administration of this chapter From the annual appropriation made in accordance with section 777b of this title , for each fiscal year through fiscal year 2026, the Secretary of the Interior may use no more than the amount specified in subparagraph (B) for the fiscal year for expenses for administration incurred in the implementation of this chapter, in accordance with this section and section 777h of this title . The amount specified in subparagraph (B) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year. The available amount referred to in subparagraph (A) is— for the fiscal year that includes November 15, 2021 , the product obtained by multiplying— 12,786,434; and for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding— the available amount specified in this subparagraph for the preceding fiscal year; and the product obtained by multiplying— the available amount specified in this subparagraph for the preceding fiscal year; and the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. For each fiscal year, the available amount under paragraph (1) shall remain available for obligation for use under that paragraph until the end of the subsequent fiscal year. Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remains unobligated at the end of the fiscal year, on the same basis and in the same manner as other amounts made available under this chapter are apportioned among the States under subsection (c) for the fiscal year.
(c) Apportionment among States The Secretary, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for activities under section 777m(e) of this title , shall apportion 58.012 percent of the balance of each such annual appropriation among the several States in the following manner: 40 percent in the ratio which the area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area of all the States, and 60 percent in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the number of such persons in all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than 1 percent nor more than 5 percent of the total amount apportioned. Where the apportionment to any State under this section is less than 4,500 of said appropriation to said State to carry out the purposes of this chapter when said State certifies to the Secretary of the Interior that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount of said purposes. The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 777m(a) of this title .
(d) Unallocated funds So much of any sum not allocated under the provisions of this section for any fiscal year is hereby authorized to be made available for expenditure to carry out the purposes of this chapter until the close of the succeeding fiscal year. The term fiscal year as used in this section shall be a period of twelve consecutive months from October 1 through the succeeding September 30, except that the period for enumeration of persons holding licenses to fish shall be a State’s fiscal or license year.
(e) Expenses for administration of certain programs For each fiscal year, of the amounts appropriated under section 777b of this title , the Secretary of the Interior shall use only funds authorized for use under paragraphs (1), (3), (4), and (5) of subsection (a) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those paragraphs, respectively. For each fiscal year, the Secretary of the Interior may use not more than $1,300,000 in accordance with paragraph (1).
(f) Transfer of certain funds Amounts available under paragraphs (3) and (4) of subsection (a) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred to the Secretary of the department in which the Coast Guard is operating and shall be expended for State recreational boating safety programs under section 13107(a) of title 46 .
§ 777d Certification of funds deducted for expenses 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 deduction or apportionment is made, to the Secretary of the Treasury, and to each State fish and game department, the sum which he has estimated 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 .)
§ 777e Submission and approval of plans and projects
(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: 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. 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 State fish and game department and immediately set aside so much of said appropriation 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 Secretary of the Interior.
(b) “Project” defined If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive 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 definitions 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 programs 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 acquisition 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 interests therein and the construction of structures or facilities from appropriations currently available for the purposes of this chapter; and to agree to finance up to 75 per centum of the remaining 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.
§ 777e–1 New England Fishery Resources Restoration Act of 1990
(a) Short title This section may be cited as the “New England Fishery Resources Restoration Act of 1990”.
(b) Purposes The purposes of this section are to— ensure timely and effective implementation of restoration plans and programs for Atlantic salmon and other fishery resources of selected river systems in New England; complete a study of fish passage impediments and requirements on small streams and rivers in New England; and develop an inventory of important fish and wildlife habitat and other natural areas of river basins in New England.
(c) Implementation of fishery resource restoration plans The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration shall formulate, 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 accordance with the schedule and responsibilities established in comprehensive basin-wide restoration plans prepared by the Director in cooperation with State, local, and other entities involved 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 restoration program which shall be entered into by the Director and cooperating entities. The Director 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 passage of fish in rivers and streams in the New England States due to dams that are not licensed by the Federal Energy Regulatory Commission 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— all dams not licensed by the Federal Energy Regulatory Commission and other human-caused obstructions on New England rivers and streams where construction of upstream or downstream fish passage facilities or their removal would benefit fishery resources, including an estimate of the degree of benefits expected; and the proposed nature and size and estimated cost of appropriate fish passage facilities or other actions determined to be necessary and feasible or each dam or other obstruction identified in response to paragraph (1). The Director shall provide notice to the public of the extent and nature of the study by publication of such information in major newspapers in the region and by other appropriate means. Within three years of November 16, 1990 , the Director shall submit a report containing the findings, conclusions and recommendations of the study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works.
(e) New England rivers fish and wildlife inventory The Director shall inventory the natural values of river basins in New England, including the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock Rivers and their tributaries, and identify fish and wildlife habitat in most need of protection or where public access to the rivers should be provided. In addition, the Director shall, in cooperation with appropriate State agencies and local governments and after providing notice and opportunity for public comment, identify appropriate public or private measures for providing the necessary protection or access for each area included in the inventory. Within two years of November 16, 1990 , the Director shall submit a report containing the findings, conclusions, and recommendations of the inventory and assessment to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works.
(f) Authorization of appropriations There are authorized to be appropriated to the Director— 500,000 per year for fiscal years 1991, 1992, and 1993 to conduct the study required under subsection (d); and $500,000 to conduct the inventory and assessment required under section 1 (e).
§ 777f Payments by United States
(a) Payments and advances to States When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States’ pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan as provided for under option (1) of subsection (a) of section 777e of this title , and this plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations, as he may prescribe, advance funds to the State for financing the United States’ pro rata share agreed upon between the State fish and game department and the Secretary.
(b) Construction work; joint payments Any construction work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this chapter. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this chapter. Such payments shall be made against the said appropriation to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State.
§ 777g Maintenance of projects
(a) Duty of States; status of projects; title to property To maintain fish-restoration and management projects established under the provisions of this chapter shall be the duty of the States according to their respective laws. Beginning July 1, 1953 , maintenance of projects heretofore completed under the provisions of this chapter may be considered as projects under this chapter. Title to any real or personal property acquired by any State, and to improvements placed on State-owned lands through the use of funds paid to the State under the provisions of this chapter, shall be vested in such State.
(b) Funding requirements Each State shall allocate 15 percent of the funds apportioned to it for each fiscal year under section 777c of this title for the payment of up to 75 per centum of the costs of the acquisition, development, renovation, or improvement of facilities (and auxiliary facilities necessary to insure the safe use of such facilities) that create, or add to, public access to the waters of the United States to improve the suitability of such waters for recreational boating purposes. Notwithstanding this provision, States within a United States Fish and Wildlife Service Administrative Region may allocate more or less than 15 percent in a fiscal year, provided that the total regional allocation averages 15 percent over a 5 year period. So much of the funds that are allocated by a State under paragraph (1) in any fiscal year that remained unexpended or unobligated at the close of such year are authorized to be made available for the purposes described in paragraph (1) during the succeeding four fiscal years, but any portion of such funds that remain unexpended or unobligated at the close of such period are 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 under section 777c(c) of this title .
(c) Aquatic resource education program; funding, etc. Each State may use not to exceed 15 percent of the funds apportioned to it under section 777c of this title to pay up to 75 per centum of the costs of an aquatic resource education and outreach and communications program for the purpose of increasing public understanding of the Nation’s water resources and associated aquatic life forms. The non-Federal share of such costs may not be derived from other Federal grant programs. The Secretary shall issue not later than the one hundred and twentieth day after the effective date of this subsection such regulations as he deems advisable regarding the criteria for such programs.
(d) National Outreach and Communications Program Within 1 year after June 9, 1998 , the Secretary of the Interior shall develop and implement, in cooperation and consultation with the Sport Fishing and Boating Partnership Council, a national plan for outreach and communications. The plan shall provide— guidance, including guidance on the development of an administrative process and funding priorities, for outreach and communications programs; and for the establishment of a national program. Under the plan, the Secretary may obligate amounts available under subsection (a)(5) or subsection (b) of section 777c of this title — to make grants to any State or private entity to pay all or any portion of the cost of carrying out any outreach and communications program under the plan; or to fund contracts with States or private entities to carry out such a program. The plan shall be reviewed periodically, but not less frequently than once every 3 years.
(e) State outreach and communications program Within 12 months after the completion of the national plan under subsection (d)(1), a State shall develop a plan for an outreach and communications program and submit it to the Secretary. In developing the plan, a State shall— review the national plan developed under subsection (d); consult with anglers, boaters, the sportfishing and boating industries, and the general public; and establish priorities for the State outreach and communications program proposed for implementation.
(f) Pumpout stations and waste reception facilities Amounts apportioned to States under section 777c of this title may be used to pay not more than 75 percent of the costs of constructing, renovating, operating, or maintaining pumpout stations and waste reception facilities (as those terms are defined in the Clean Vessel Act of 1992).
(g) Surveys Within 6 months after June 9, 1998 , the Secretary, in consultation with the States, shall adopt a national framework for a public boat access needs assessment which may be used by States to conduct surveys to determine the adequacy, number, location, and quality of facilities providing access to recreational waters for all sizes of recreational boats. Within 18 months after June 9, 1998 , each State that agrees to conduct a public boat access needs survey following the recommended national framework shall report its findings to the Secretary for use in the development of a comprehensive national assessment of recreational boat access needs and facilities. Paragraph (2) does not apply to a State if, within 18 months after June 9, 1998 , the Secretary certifies that the State has developed and is implementing a plan that ensures there are and will be public boat access adequate to meet the needs of recreational boaters on its waters. A State that conducts a public boat access needs survey under paragraph (2) may fund the costs of conducting that assessment out of amounts allocated to it as funding dedicated to motorboat access to recreational waters under subsection (b)(1) of this section.
§ 777g–1 Boating infrastructure
(a) Purpose The purpose of this section is to provide funds to States for the development and maintenance of facilities for transient nontrailerable recreational vessels.
(b) Omitted
(c) Plan Within 6 months after submitting a survey to the Secretary under section 777g(g) of this title , a State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient nontrailerable recreational vessels, and access to those facilities, to meet the needs of nontrailerable recreational vessels operating on navigable waters in the State.
(d) Grant program The Secretary of the Interior shall obligate amounts made available under section 777c(a)(4) 1 of this title to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels. In awarding grants under paragraph (1), the Secretary shall give priority to projects that— consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in accordance with a plan submitted by a State under subsection (c); provide for public/private partnership efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels; and propose innovative ways to increase the availability of facilities for transient nontrailerable recreational vessels.
(e) Definitions For purposes of this section, the term— “nontrailerable recreational vessel” means a recreational vessel 26 feet in length or longer— operated primarily for pleasure; or leased, rented, or chartered to another for the latter’s pleasure; “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 “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 Islands.
§ 777h Requirements and restrictions concerning use of amounts for expenses for administration
(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 only for expenses for administration that directly support the implementation of this chapter that consist of— 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; 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; costs of determining under section 777e(a) of this title whether State comprehensive plans and projects are substantial in character and design; overhead costs, including the costs of general administrative services, that are directly attributable to administration of this chapter and are based on— 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 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; 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 by each State fish and game department; costs of audits under subsection (d); costs of necessary training of Federal and State personnel who administer this chapter to improve administration of this chapter; costs of travel to States, territories, and Canada by personnel who— administer this chapter for purposes directly related to administration of State programs or projects; or administer grants under section 777e or 777m of this title; 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; 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 costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 777e and 777m of this title.
(b) Reporting of other uses Subject to paragraph (2), if the Secretary of the Interior determines that available amounts under section 777c(b) of this title should be used for an expense for administration other than an expense for administration described in subsection (a), the Secretary— 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 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). 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 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. 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 ) 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). 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. 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 report on the results of each audit under this subsection; and a copy of each audit under this subsection.
§ 777i Rules and regulations
The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this chapter. ( Aug. 9, 1950, ch. 658, § 10 , 64 Stat. 434 .)
§ 777j Repealed. Pub. L. 89–348, § 1(14), Nov. 8, 1965, 79 Stat. 1311
§ 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
The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Mayor of the District of Columbia, the Governor of Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the conduct of fish restoration and management projects, as defined in section 777a of this title , upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, out of money available for apportionment under this chapter, such sums as he shall determine, not exceeding for Puerto Rico 1 per centum, for the District of Columbia one-third of 1 per centum, for Guam one-third of 1 per centum, for American Samoa one-third of 1 per centum, for the Commonwealth of the Northern Mariana Islands one-third of 1 per centum, and for the Virgin Islands one-third of 1 per centum of the total amount apportioned in any one year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be made available for expenditure in Puerto Rico, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding year, on any approved projects, and if unexpended or unobligated at the end of such year 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 under section 777c(c) of this title . ( Aug. 9, 1950, ch. 658, § 12 , 64 Stat. 434 ; July 2, 1956, ch. 489, § 4 , 70 Stat. 473 ; Aug. 1, 1956, ch. 852, § 8 , 70 Stat. 908 ; Pub. L. 86–70, § 16 , June 25, 1959 , 73 Stat. 143 ; Pub. L. 91–503, title II, § 203 , Oct. 23, 1970 , 84 Stat. 1103 ; Pub. L. 96–597, title III, § 302(a) , Dec. 24, 1980 , 94 Stat. 3477 ; Pub. L. 98–369, div. A, title X, § 1014(a)(7) , July 18, 1984 , 98 Stat. 1016 ; Pub. L. 109–59, title X, § 10117 , Aug. 10, 2005 , 119 Stat. 1929 ; Pub. L. 114–94, div. A, title X, § 10001(e) , Dec. 4, 2015 , 129 Stat. 1621 .)
§ 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 considered 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 .)
§ 777m Multistate conservation grant program
(a) In general Not more than $3,000,000 shall be distributed to the Secretary of the Interior for making multistate conservation project grants in accordance with this section. 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. 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 manner as funds apportioned under section 777c(c) of this title .
(b) Selection of projects A project shall not be eligible for a grant under this section unless the project will benefit— at least 26 States; a majority of the States in a region of the United States Fish and Wildlife Service; or a regional association of State fish and game departments. The Secretary of the Interior may make grants under this section only for projects identified on a priority list of sport fish restoration projects described in paragraph (3). 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— prepares through a committee comprised of the heads of State fish and game departments (or their designees), in consultation with— nongovernmental organizations that represent conservation organizations; sportsmen organizations; and industries that fund the sport fish restoration programs under this chapter; approves by vote of a majority of the heads of State fish and game departments (or their designees); and not later than October 1 of each fiscal year, submits to the Assistant Director for Wildlife and Sport Fish Restoration Programs. The Assistant Director for Wildlife and Sport Fish Restoration Programs shall publish in the Federal Register each priority list submitted under paragraph (3)(C).
(c) Eligible grantees The Secretary of the Interior may make a grant under this section only to— a State or group of States; 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-Associated Recreation; and subject to paragraph (2), a nongovernmental organization. Any nongovernmental organization that applies for a grant under this section shall submit with the application to the International Association of Fish and Wildlife Agencies a certification that the organization— will not use the grant funds to fund, in whole or in part, any activity of the organization that promotes or encourages opposition to the regulated taking of fish; and will use the grant funds in compliance with subsection (d). Any nongovernmental organization that is found to use grant funds in violation of subparagraph (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 program that promotes or encourages opposition to the regulated taking of fish.
(e) Funding for other activities Not more than 200,000 shall be made available for each of— the Atlantic States Marine Fisheries Commission; the Gulf States Marine Fisheries Commission; the Pacific States Marine Fisheries Commission; and the Great Lakes Fisheries Commission. $400,000 shall be made available for the Sport Fishing and Boating Partnership Council established by the United States Fish and Wildlife Service. 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 impact 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 activity carried out under this section.