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16 USC CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-CITE-
16 USC CHAPTER 10B - FISH RESTORATION AND MANAGEMENT
PROJECTS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-MISC1-
Sec.
777. Federal-State relationships.
(a) Cooperation between Federal Government and
State fish and game departments; expenditure
of funds.
(b) Allocation of amounts by coastal States between
marine fish projects and freshwater fish
projects.
777a. Definitions.
777b. Authorization of appropriations.
777c. Division of annual appropriations.
(a) Initial distribution.
(b) Use of balance after distribution.
(c) National Outreach and Communications Program.
(d) Set-aside for expenses for administration of
this chapter.
(e) Apportionment among States.
(f) Unallocated funds.
(g) Expenses for administration of certain
programs.
777d. Certification of funds deducted for expenses and
amounts apportioned to States.
777e. Submission and approval of plans and projects.
(a) Apportionment of funds.
(b) "Project" defined.
(c) Costs.
(d) Agreements to finance initial costs of
acquisition of lands and construction of
structures.
777e-1. New England Fishery Resources Restoration Act of 1990.
(a) Short title.
(b) Purposes.
(c) Implementation of fishery resource restoration
plans.
(d) Fish passage study.
(e) New England rivers fish and wildlife inventory.
(f) Authorization of appropriations.
777f. Payments by United States.
(a) Payments and advances to States.
(b) Construction work; joint payments.
777g. Maintenance of projects.
(a) Duty of States; status of projects; title to
property.
(b) Funding requirements.
(c) Aquatic resource education program; funding,
etc.
(d) National Outreach and Communications Program.
(e) State outreach and communications program.
(f) Pumpout stations and waste reception
facilities.
(g) Surveys.
777g-1. Boating infrastructure.
(a) Purpose.
(b) Omitted.
(c) Plan.
(d) Grant program.
(e) Definitions.
777h. Requirements and restrictions concerning use of
amounts for expenses for administration.
(a) Authorized expenses for administration.
(b) Reporting of other uses.
(c) Restriction on use to supplement general
appropriations.
(d) Audit requirement.
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 Repealed.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.
(a) In general.
(b) Selection of projects.
(c) Eligible grantees.
(d) Use of grants.
(e) Funding for other activities.
(f) Nonapplicability of Federal Advisory Committee
Act.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 669k, 742b-1, 1225, 2904,
2905, 3125 of this title; title 25 sections 1709, 1745; title 26
section 9504; title 46 section 13101.

-End-



-CITE-
16 USC Sec. 777 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-
Sec. 777. Federal-State relationships

-STATUTE-
(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 number of
resident freshwater anglers, respectively, bear to the estimated
number of all resident anglers in that State.
(2) Preservation of freshwater project allocation at 1988 level
(A) 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.
(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 apportioned to the
State under this chapter for fiscal year 1988.
(3) "Coastal State" defined
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.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 1, 64 Stat. 430; Pub. L. 98-369, div.
A, title X, Sec. 1014(a)(1), July 18, 1984, 98 Stat. 1015; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-448,
Sec. 6(c)(1), Sept. 28, 1988, 102 Stat. 1840.)


-MISC1-
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-448 substituted "Allocation of
amounts by coastal States between marine fish projects and
freshwater fish projects" for "Allocation of funds by coastal
States; formula; 'coastal State' defined" 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 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:
"(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 Reform 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, 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 Marianas."
1986 - Subsec. (b)(1). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
1984 - Pub. L. 98-369 designated existing provisions as subsec.
(a) and added subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT
Section 6(e) of Pub. L. 100-448 provided 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
Section 1014(b) of Pub. L. 98-369 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
Section 13 of act Aug. 9, 1950, which provided that the effective
date of this chapter was July 1, 1950, was repealed by Pub. L.
106-408, title I, Sec. 122(a)(1), Nov. 1, 2000, 114 Stat. 1772.

SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-178, title VII, Sec. 7401(a), June 9, 1998, 112 Stat.
482, provided that: "This subtitle [subtitle D (Secs. 7401-7405) of
title VII of Pub. L. 105-178, enacting section 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
Section 204 of title II of Pub. L. 91-503, 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 'Federal
Aid in Fish Restoration Act Amendments of 1970'."

SHORT TITLE
Act Aug. 9, 1950, ch. 658, Sec. 15, as added by Pub. L. 106-408,
title I, Sec. 101(c), Nov. 1, 2000, 114 Stat. 1763, 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".


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from Secretary of
the Interior in view of: creation of National Oceanic and
Atmospheric Administration in Department of Commerce and Office of
Administrator of such Administration; abolition of Bureau of
Commercial Fisheries in Department of the Interior and Office of
Director of such Bureau; transfers of functions, including
functions formerly vested by law in Secretary of the Interior or
Department of the Interior which were administered through Bureau
of Commercial Fisheries or were primarily related to such Bureau,
exclusive 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.


-MISC2-
FISHERIES RESTORATION AND IRRIGATION MITIGATION
Pub. L. 106-502, Nov. 13, 2000, 114 Stat. 2294, 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 'Pacific Ocean
drainage area' means the area comprised of portions of the States
of Oregon, Washington, Montana, and Idaho from which water drains
into the Pacific Ocean.
"(2) Program. - The term 'Program' means the Fisheries
Restoration and Irrigation Mitigation Program 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 Fisheries
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 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.
"(2) Types of projects. - Projects eligible under the Program
may include -
"(A) the development, improvement, or installation 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 $5,000,000.

"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 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 -
"(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 Secretary, as
applicable, and any applicable State requirements; 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 Secretary 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, 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.
"(d) Additional Costs. -
"(1) Non-federal responsibilities. - 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.
"(2) Federal responsibility. - 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 amounts are
made available to carry out this Act, the Secretary shall 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 remaining fiscal years for
which amounts are authorized to be appropriated under section 10;
and
"(3) 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 $25,000,000 for each of fiscal years 2001
through 2005.
"(b) Limitations. -
"(1) Single state. -
"(A) In general. - 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.
"(B) Waiver. - 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.
"(2) Administrative expenses. - Not more than 6 percent of the
funds authorized under this section for any fiscal year may be
used for Federal administrative expenses of carrying out this
Act."

-End-



-CITE-
16 USC Sec. 777a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-
Sec. 777a. Definitions

-STATUTE-
For purposes of this chapter -
(1) 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 -
(A) such research into problems of fish management and
culture as may be necessary to efficient administration
affecting fish resources;
(B) 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;
(C) 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;
(D) 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;

(2) 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
(3) 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.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 2, 64 Stat. 431; July 2, 1956, ch.
489, Sec. 3, 70 Stat. 473; Pub. L. 86-624, Sec. 12, July 12, 1960,
74 Stat. 413; Pub. L. 105-178, title VII, Sec. 7402(a), June 9,
1998, 112 Stat. 483.)


-MISC1-
AMENDMENTS
1998 - Pub. L. 105-178 inserted introductory provisions "For
purposes of this chapter - ", designated existing provisions as
par. (1), substituted "the term" for "For the purpose of this
chapter the term", redesignated subsecs. (a) to (d) as subpars. (A)
to (D), respectively, of par. (1), substituted "department;" for
"department." at end of subpar. (D), realigned margins, and added
pars. (2) and (3).
1960 - Subsec. (d). Pub. L. 86-624 struck out provisions which
defined "State" as including the several States and the Territory
of Hawaii.
1956 - Act July 2, 1956, included definition of "State".

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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 777k of this title.

-End-



-CITE-
16 USC Sec. 777b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-
Sec. 777b. Authorization of appropriations

-STATUTE-
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 Account established by section
9504(a) of title 26 the amounts paid, transferred, or otherwise
credited to that Account. 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 the succeeding fiscal year. 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 in carrying on the
research program of the Fish and Wildlife Service in respect to
fish of material value for sport and recreation.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 3, 64 Stat. 431; Pub. L. 98-369, div.
A, title X, Sec. 1014(a)(2), July 18, 1984, 98 Stat. 1015; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
REFERENCES IN TEXT
The provision of the Act of August 31, 1951, referred to in text,
is set out as a note below.


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"
for "Internal Revenue Code of 1954", which for purposes of
codification was translated as "title 26" thus requiring no change
in text.
1984 - Pub. L. 98-369 substituted "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
Account established by section 9504(a) of title 26 the amounts
paid, transferred, or otherwise credited to that Account. 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"
for "To carry out the provisions of this chapter, there is hereby
authorized to be appropriated an amount equal to the revenue
accruing from tax imposed by section 3406 of the Internal Revenue
Code, as heretofore of hereafter extended and amended, on fishing
rods, creels, reels, and artificial lures, baits, and flies during
the fiscal year ending June 30, 1951, and each fiscal year
thereafter".

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.


-TRANS-
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.


-MISC2-
AVAILABILITY OF FUNDS UNTIL EXPENDED
Section 101 of act Aug. 31, 1951, ch. 375, title I, 65 Stat. 262,
provided that: "For carrying out the provisions of the Act of
August 9, 1950 (Public Law 681) [this chapter], amounts equal to
the revenues described in section 3 of said Act [this section] and
credited during the next preceding fiscal year and each fiscal year
thereafter, to remain available until expended."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 777c, 777m of this title.

-End-



-CITE-
16 USC Sec. 777c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 10B - FISH RESTORATION AND MANAGEMENT PROJECTS

-HEAD-
Sec. 777c. Division of annual appropriations

-STATUTE-
(a) Initial distribution
The Secretary of the Interior shall distribute 18 per centum of
each annual appropriation made in accordance with the provisions of
section 777b of this title as provided in the Coastal Wetlands
Planning, Protection,(!1) and Restoration Act (title III, Public
Law 101-646) [16 U.S.C. 3951 et seq.]. Notwithstanding the
provisions of section 777b of this title, such sums shall remain
available to carry out such Act through fiscal year 2009.

(b) Use of balance after distribution
(1) Fiscal year 1998
In fiscal year 1998, an amount equal to $20,000,000 of the
balance remaining after the distribution under subsection (a) of
this section shall be transferred to the Secretary of
Transportation and shall be expended for State recreational
boating safety programs under section 13106(a)(1) of title 46.
(2) Fiscal year 1999
For fiscal year 1999, of the balance of each annual
appropriation remaining after making the distribution under
subsection (a) of this section, an amount equal to $74,000,000,
reduced by 82 percent of the amount appropriated for that fiscal
year from the Boat Safety Account of the Aquatic Resources Trust
Fund established by section 9504 of title 26 to carry out the
purposes of section 13106(a) of title 46, shall be used as
follows:
(A) $10,000,000 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary of
Transportation and shall be expended for State recreational
boating safety programs under section 13106 of title 46.
(3) Fiscal years 2000-2003
For each of fiscal years 2000 through 2003, of the balance of
each annual appropriation remaining after making the distribution
under subsection (a) of this section, an amount equal to
$82,000,000, reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of title 26 to
carry out the purposes of section 13106(a) of title 46, shall be
used as follows:
(A) $10,000,000 shall be available for each fiscal year to
the Secretary of the Interior for 3 fiscal years for obligation
for qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
(B) $8,000,000 shall be available for each fiscal year to the
Secretary of the Interior for 3 fiscal years for obligation for
qualified projects under section 777g-1(d) of this title.
(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each such
fiscal year to the Secretary of Transportation and shall be
expended for State recreational boating safety programs under
section 13106 of title 46.
(4) First 5 months of fiscal year 2004
For the period of October 1, 2003, through February 29, 2004,
of the balance of each annual appropriation remaining after
making the distribution under subsection (a) of this section, an
amount equal to $34,166,667, reduced by 82 percent of the amount
appropriated for that fiscal year from the Boat Safety Account of
the Aquatic Resources Trust Fund established by section 9504 of
title 26 to carry out the purposes of section 13106(a) of title
46, shall be used as follows:
(A) $4,166,667 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) $3,333,333 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 777g-1(d) of this title.
(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the Secretary
of Transportation and shall be expended for State recreational
boating safety programs under section 13106 of title 46.
(5) Transfer of certain funds
Amounts available under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of Transportation and shall be
expended for State recreational boating safety programs under
section 13106(a) of title 46.
(c) National Outreach and Communications Program
Of the balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b) of this
section, respectively, an amount equal to -
(1) $5,000,000 for fiscal year 1999;
(2) $6,000,000 for fiscal year 2000;
(3) $7,000,000 for fiscal year 2001;
(4) $8,000,000 for fiscal year 2002;
(5) $10,000,000 for fiscal year 2003; and
(6) $4,166,667 for the period of October 1, 2003, through
February 29, 2004;

shall be used 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 of the Interior for that program
may be expended by the Secretary under subsection (e) of this
section.
(d) Set-aside for expenses for administration of this chapter
(1) In general
(A) Set-aside
For fiscal year 2001 and each fiscal year thereafter, of the
balance of each such annual appropriation remaining after the
distribution and use under subsections (a), (b), and (c) of
this section and section 777m of this title, the Secretary of
the Interior may use not more than the available amount
specified in subparagraph (B) for the fiscal year for expenses
for administration incurred in implementation of this chapter,
in accordance with this subsection and section 777h of this
title.
(B) Available amounts
The available amount referred to in subparagraph (A) is -
(i) for each of fiscal years 2001 and 2002, $9,000,000;
(ii) for fiscal year 2003, $8,212,000; and
(iii) for fiscal year 2004 and each fiscal year thereafter,
the sum of -
(I) the available amount for the preceding fiscal year;
and
(II) the amount determined by multiplying -
(aa) the available amount for the preceding fiscal
year; and
(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(2) Period of availability; apportionment of unobligated amounts
(A) Period of availability
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 fiscal year.
(B) Apportionment of unobligated amounts
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
(e) of this section for the fiscal year.
(e) Apportionment among States
The Secretary of the Interior, after the distribution, transfer,
use, and deduction under subsections (a), (b), (c), and (d) of this
section, respectively, and after deducting amounts used for grants
under section 777m of this title, shall apportion the remainder of
each such annual appropriation among the several States in the
following manner: 40 per centum 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 per centum 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 per centum nor more than 5
per centum of the total amount apportioned. Where the apportionment
to any State under this section is less than $4,500 annually, the
Secretary of the Interior may allocate not more 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.
(f) 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.
(g) Expenses for administration of certain programs
(1) In general
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 subsections (a), (b)(3)(A),
(b)(3)(B), and (c) of this section to pay the expenses for
administration incurred in carrying out the provisions of law
referred to in those subsections, respectively.
(2) Maximum amount
For each fiscal year, the Secretary of the Interior may use not
more than $900,000 in accordance with paragraph (1).

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 4, 64 Stat. 432; Pub. L. 91-503, title
II, Sec. 201, Oct. 23, 1970, 84 Stat. 1101; Pub. L. 94-273, Sec.
4(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 98-369, div. A, title X,
Sec. 1014(a)(3), July 18, 1984, 98 Stat. 1015; Pub. L. 101-646,
title III, Sec. 308, Nov. 29, 1990, 104 Stat. 4787; Pub. L.
102-587, title V, Sec. 5604(a), Nov. 4, 1992, 106 Stat. 5087; Pub.
L. 105-178, title VII, Secs. 7402(b), 7403, June 9, 1998, 112 Stat.
483, 485; Pub. L. 105-206, title IX, Sec. 9012(b), July 22, 1998,
112 Stat. 864; Pub. L. 106-74, title IV, Sec. 430, Oct. 20, 1999,
113 Stat. 1096; Pub. L. 106-377, Sec. 1(a)(2) [title VI, Sec. 605],
Oct. 27, 2000, 114 Stat. 1441, 1441A-85; Pub. L. 106-408, title I,
Secs. 121(a), (c), 122(b)-124, Nov. 1, 2000, 114 Stat. 1769, 1772,
1774; Pub. L. 108-88, Sec. 9(a), (b), Sept. 30, 2003, 117 Stat.
1126.)

-REFTEXT-
REFERENCES IN TEXT
The Coastal Wetlands Planning, Protection and Restoration Act,
referred to in subsec. (a), is title III of Pub. L. 101-646, Nov.
29, 1990, 104 Stat. 4778, which is classified generally to chapter
59A (Sec. 3951 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
3951 of this title and Tables.
Section 5604(c) of the Clean Vessel Act of 1992, referred to in
subsec. (b)(2)(A), (3)(A), (4)(A) is section 5604(c) of Pub. L.
102-587, which is set out as a note under section 1322 of Title 33,
Navigation and Navigable Waters.


-MISC1-
AMENDMENTS
2003 - Subsec. (b)(4), (5). Pub. L. 108-88, Sec. 9(b), added par.
(4) and redesignated former par. (4) as (5).
Subsec. (c)(6). Pub. L. 108-88, Sec. 9(a), added par. (6).
2000 - Subsec. (a). Pub. L. 106-377 and Pub. L. 106-408, Sec.
123, amended subsec. (a) identically, substituting "fiscal year
2009" for "fiscal year 2000".
Subsec. (d). Pub. L. 106-408, Sec. 121(a), added subsec. (d) and
struck out former subsec. (d) which read as follows: "Of the
balance of each such annual appropriation remaining after the
distribution and use under subsections (a), (b), and (c) of this
section, respectively, so much, not to exceed 6 per centum of such
balance, as the Secretary of the Interior may estimate to be
necessary for his or her expenses in the conduct of necessary
investigations, administration, and the execution of this chapter,
for an outreach and communications program and for aiding in the
formulation, adoption, or administration of any compact between two
or more States for the conservation and management of migratory
fishes in marine or freshwaters, shall be deducted for that
purpose, and such sum is authorized to be made available until the
expiration of the next succeeding fiscal year. Of the sum available
to the Secretary of the Interior under this subsection for any
fiscal year, up to $2,500,000 may be used for the National Outreach
and Communications Program under section 777g(d) of this title in
addition to the amount available for that program under subsection
(c) of this section. No funds available to the Secretary under this
subsection may be used to replace funding traditionally provided
through general appropriations, nor for any purposes except those
purposes authorized by this chapter. The Secretary shall publish a
detailed accounting of the projects, programs, and activities
funded under this subsection annually in the Federal Register."
Subsec. (e). Pub. L. 106-408, Sec. 122(b), inserted "and after
deducting amounts used for grants under section 777m of this
title," after "respectively," in first sentence.
Subsec. (f). Pub. L. 106-408, Sec. 124, struck out before period
at end of first sentence ", and if unexpended or unobligated at the
end of such year, such sum is hereby authorized to be made
available for expenditure by the Secretary of the Interior in
carrying on the research program of the Fish and Wildlife Service
in respect to fish of material value for sport or recreation".
Subsec. (g). Pub. L. 106-408, Sec. 121(c), added subsec. (g).
1999 - Subsec. (a). Pub. L. 106-74 substituted "fiscal year 2000"
for "fiscal year 1999" in second sentence.
1998 - Subsec. (b). Pub. L. 105-178, Sec. 7403(a), as amended by
Pub. L. 105-206, Sec. 9012(b)(1), inserted heading and amended text
generally, substituting provisions relating to fiscal years 1998 to
2003 for provisions relating to fiscal years 1993 to 1998.
Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 7403(b), as added by
Pub. L. 105-206, Sec. 9012(b)(2), made a technical amendment to
reference in original act which appears in text as reference to
section 777g-1(d) of this title.
Subsec. (c). Pub. L. 105-178, Sec. 7402(b)(1), (2), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 105-178, Sec. 7402(b)(3)-(5), substituted
"subsections (a), (b), and (c) of this section," for "subsections
(a) and (b) of this section,", inserted ", for an outreach and
communications program" after "chapter", and inserted at end "Of
the sum available to the Secretary of the Interior under this
subsection for any fiscal year, up to $2,500,000 may be used for
the National Outreach and Communications Program under section
777g(d) of this title in addition to the amount available for that
program under subsection (c) of this section. No funds available to
the Secretary under this subsection may be used to replace funding
traditionally provided through general appropriations, nor for any
purposes except those purposes authorized by this chapter. The
Secretary shall publish a detailed accounting of the projects,
programs, and activities funded under this subsection annually in
the Federal Register."
Pub. L. 105-178, Sec. 7402(b)(1), redesignated subsec. (c) as
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105-178, Sec. 7402(b)(6), substituted
"subsections (a), (b), (c), and (d) of this section" for
"subsections (a), (b), and (c) of this section". (continued)