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(continued)
Pub. L. 105-178, Sec. 7402(b)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105-178, Sec. 7402(b)(1), redesignated
subsec. (e) as (f).
1992 - Pub. L. 102-587 added subsecs. (a) to (c), inserted
subsec. (d) designation and substituted "The Secretary of the
Interior, after the distribution, transfer, use, and deduction
under subsections (a), (b), and (c) of this section, respectively,
shall apportion the remainder of each such annual appropriation
among the several States" for "So much, not to exceed 6 per centum,
of each annual appropriation made in accordance with the provisions
of section 777b of this title as the Secretary of the Interior may
estimate to be necessary for his expenses in the conduct of
necessary investigations, administration, and the execution of this
chapter 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 therefor until the expiration of
the next succeeding fiscal year. The Secretary 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 and Restoration Act: Provided, That,
notwithstanding the provisions of section 777b of this title, such
sums shall remain available to carry out such Act through fiscal
year 1999. The Secretary of the Interior, after making the
aforesaid deduction, shall apportion the remainder of the
appropriation for each fiscal year among the several States", and
inserted subsec. (e) designation.
1990 - Pub. L. 101-646 inserted after first sentence "The
Secretary 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 and Restoration Act: Provided, That, notwithstanding the
provisions of section 777b of this title, such sums shall remain
available to carry out such Act through fiscal year 1999."
1984 - Pub. L. 98-369 revised deductible amount from not to
exceed 8 per centum to not to exceed 6 per centum.
1976 - Pub. L. 94-273 substituted "September" for "June", and
"October" for "July".
1970 - Pub. L. 91-503 changed method of apportionment of funds by
striking out reference to "to all the States" and inserted
definition of "fiscal year".

EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
Title 23, Highways.

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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 669k, 777g, 777g-1, 777h,
777m, 2905 of this title; title 46 section 13106.

-FOOTNOTE-
(!1) So in original. The comma probably should not appear.


-End-



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

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

-HEAD-
Sec. 777d. Certification of funds deducted for expenses and amounts
apportioned to States

-STATUTE-
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.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 5, 64 Stat. 432; Pub. L. 98-369, div.
A, title X, Sec. 1014(a)(4), July 18, 1984, 98 Stat. 1015; Pub. L.
106-408, title I, Sec. 125, Nov. 1, 2000, 114 Stat. 1775.)


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-408 inserted ", at the time at which a
deduction or apportionment is made," after "certify" and struck out
"and executing" after "administering".
1984 - Pub. L. 98-369 struck out provisions relating to notice by
the State to the Secretary of intention to accept, and use of funds
where the State fails to accept.

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.

-End-



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

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

-HEAD-
Sec. 777e. Submission and approval of plans and projects

-STATUTE-
(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:
(1) The State shall prepare and submit to the Secretary of the
Interior a comprehensive fish and wildlife resource management plan
which shall insure the perpetuation of these resources for the
economic, scientific, and recreational 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.
(2) 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 for (!1) 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.


-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 6, 64 Stat. 432; Pub. L. 91-503, title
II, Sec. 202, Oct. 23, 1970, 84 Stat. 1102; Pub. L. 98-369, div. A,
title X, Sec. 1014(a)(5), July 18, 1984, 98 Stat. 1016.)


-MISC1-
AMENDMENTS
1984 - Subsec. (d). Pub. L. 98-369 added subsec. (d).
1970 - Subsec. (a). Pub. L. 91-503 added an alternative method of
application for funds by submission of a comprehensive fish and
wildlife resource management plan for a period of five years based
on projections for fifteen years, to be updated every three years,
laid down a maximum limit of assistance of 75 percent of the
estimated cost of the implementation of plan, and in existing
method of application struck out reference to Secretary of the
Treasury and requirement that State pay 10 percent of costs.
Subsecs. (b), (c). Pub. L. 91-503 added subsecs. (b) and (c).

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.

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

-FOOTNOTE-
(!1) So in original. Probably should be "from".


-End-



-CITE-
16 USC Sec. 777e-1 01/19/04

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

-HEAD-
Sec. 777e-1. New England Fishery Resources Restoration Act of 1990

-STATUTE-
(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 -
(1) ensure timely and effective implementation of restoration
plans and programs for Atlantic salmon and other fishery
resources of selected river systems in New England;
(2) complete a study of fish passage impediments and
requirements on small streams and rivers in New England; and
(3) develop an inventory of important fish and wildlife habitat
and other natural areas of river basins in New England.
(c) Implementation of fishery resource 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 -
(1) 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
(2) 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 -
(1) $5,000,000 per year for fiscal years 1991, 1992, 1993,
1994, and 1995 to implement fishery resource restoration plans
and programs, except for activities related to the design and
construction of fish passage facilities, as directed by
subsection (c) of this section;
(2) $500,000 per year for fiscal years 1991, 1992, and 1993 to
conduct the study required under subsection (d) of this section;
and
(3) $500,000 to conduct the inventory and assessment required
under section (!1) (e) of this section.


-SOURCE-
(Pub. L. 101-593, title I, Sec. 111, Nov. 16, 1990, 104 Stat.
2960.)

-REFTEXT-
REFERENCES IN TEXT
This section, referred to in subsec. (b), was in the original
"this Act", which probably was intended as a reference to New
England Fishery Resources Restoration Act of 1990, section 111 of
Pub. L. 101-593, title I, Nov. 16, 1990, 104 Stat. 2960, which is
classified generally to this section.

-COD-
CODIFICATION
Section was enacted as the New England Fishery Resources
Restoration Act of 1990, and not as part of the Fish Restoration
and Management Projects Act which comprises this chapter.


-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
(!1) So in original. Probably should be "subsection".


-End-



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

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

-HEAD-
Sec. 777f. Payments by United States

-STATUTE-
(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.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 7, 64 Stat. 433; Pub. L. 91-503, title
II, Sec. 202, Oct. 23, 1970, 84 Stat. 1103.)


-MISC1-
AMENDMENTS
1970 - Pub. L. 91-503 divided existing provisions into subsecs.
(a) and (b) and authorized advance payments by the Secretary to the
States for financing the United States' pro rata share of the
comprehensive fish and wildlife plan.


-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.

-End-



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

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

-HEAD-
Sec. 777g. Maintenance of projects

-STATUTE-
(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
(1) 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.
(2) 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 in carrying out the research program of the Fish and
Wildlife Service in respect to fish of material value for sport or
recreation.
(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
(1) Implementation
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.
(2) Content
The plan shall provide -
(A) guidance, including guidance on the development of an
administrative process and funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national program.
(3) Secretary may match or fund programs
Under the plan, the Secretary may obligate amounts available
under subsection (c) or (d) of section 777c of this title -
(A) 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
(B) to fund contracts with States or private entities to
carry out such a program.
(4) Review
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) of this section, 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 -
(1) review the national plan developed under subsection (d) of
this section;
(2) consult with anglers, boaters, the sportfishing and boating
industries, and the general public; and
(3) 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
(1) National framework
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.
(2) State surveys
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.
(3) Exception
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.
(4) Funding
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.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 8, 64 Stat. 433; Pub. L. 91-503, title
II, Sec. 202, Oct. 23, 1970, 84 Stat. 1103; Pub. L. 98-369, div. A,
title X, Sec. 1014(a)(6), July 18, 1984, 98 Stat. 1016; Pub. L.
102-587, title V, Sec. 5604(b), Nov. 4, 1992, 106 Stat. 5088; Pub.
L. 105-178, title VII, Secs. 7402(c), 7404(b), June 9, 1998, 112
Stat. 484, 486; Pub. L. 105-206, title IX, Sec. 9012(c), July 22,
1998, 112 Stat. 864.)

-REFTEXT-
REFERENCES IN TEXT
For effective date of this subsection, referred to in subsec.
(c), see Effective Date of 1984 Amendment note below.
The Clean Vessel Act of 1992, referred to in subsec. (f), is
subtitle F of title V of Pub. L. 102-587, Nov. 4, 1992, 106 Stat.
5086, which amended this section and section 777c of this title and
enacted provisions set out as a note under section 1322 of Title
33, Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1322 of Title 33 and Tables.


-MISC1-
AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 7402(c)(1), which
directed the substitution of "15 percent" for "12 1/2 percentum"
wherever appearing, was executed by making the substitution for "12
1/2 per centum" to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 105-178, Sec. 7402(c)(3), inserted "and
communications" after "outreach".
Pub. L. 105-178, Sec. 7402(c)(2), which directed the substitution
of "15 percent" for "10 percentum", was executed by making the
substitution for "10 per centum" to reflect the probable intent of
Congress.
Subsecs. (d) to (f). Pub. L. 105-178, Sec. 7402(c)(4), added
subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
Subsec. (g). Pub. L. 105-178, Sec. 7404(b), as amended by Pub. L.
105-206, Sec. 9012(c), added subsec. (g).
1992 - Subsec. (b)(1). Pub. L. 102-587, Sec. 5604(b)(1),
substituted "12 1/2 per centum" for "10 per centum" after
"allocate" and inserted at end "Notwithstanding this provision,
States within a United States Fish and Wildlife Service
Administrative Region may allocate more or less than 12 1/2 per
centum in a fiscal year, provided that the total regional
allocation averages 12 1/2 per centum over a 5 year period."
Subsec. (b)(2). Pub. L. 102-587, Sec. 5604(b)(2), substituted
"four fiscal years" for "fiscal year" after first reference to
"succeeding" and "period" for second reference to "succeeding
fiscal year".
Subsec. (c). Pub. L. 102-587, Sec. 5604(b)(3), inserted "and
outreach" after "education".
Subsec. (d). Pub. L. 102-587, Sec. 5604(b)(4), added subsec. (d).
1984 - Pub. L. 98-369 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1970 - Pub. L. 91-503 struck out restriction that not more than
25 percent of the Federal funds be set aside for maintenance
projects.

EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
Title 23, Highways.

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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 777c, 777g-1 of this
title.

-End-



-CITE-
16 USC Sec. 777g-1 01/19/04

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

-HEAD-
Sec. 777g-1. Boating infrastructure

-STATUTE-
(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
(1) Matching grants
The Secretary of the Interior shall obligate amounts made
available under section 777c(b)(3)(B) 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.
(2) Priorities
In awarding grants under paragraph (1), the Secretary shall
give priority to projects that -
(A) 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) of this section;
(B) provide for public/private partnership efforts to
develop, maintain, and operate facilities for transient
nontrailerable recreational vessels; and
(C) propose innovative ways to increase the availability of
facilities for transient nontrailerable recreational vessels.
(e) Definitions
For purposes of this section, the term -
(1) "nontrailerable recreational vessel" means a recreational
vessel 26 feet in length or longer -
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the latter's
pleasure;

(2) "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
(3) "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.

-SOURCE-
(Pub. L. 105-178, title VII, Sec. 7404, June 9, 1998, 112 Stat.
486; Pub. L. 105-206, title IX, Sec. 9012(c), July 22, 1998, 112
Stat. 864.)

-COD-
CODIFICATION
Section is comprised of section 7404 of Pub. L. 105-178. Subsec.
(b) of section 7404 of Pub. L. 105-178, as amended by Pub. L.
105-206, Sec. 9012(c), amended section 777g of this title.
Section was enacted as part of the Sportfishing and Boating
Safety Act of 1998, and also as part of the Transportation Equity
Act for the 21st Century, and not as part of the Fish Restoration
and Management Projects Act which comprises this chapter.


-MISC1-
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-206, Sec. 9012(c), made a
technical amendment to directory language of Pub. L. 105-178, Sec.
7404(b). See Codification note above.

EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105-206 effective simultaneously with
enactment of Pub. L. 105-178 and to be treated as included in Pub.
L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
as in effect on day before July 22, 1998, that are amended by title
IX of Pub. L. 105-206 to be treated as not enacted, see section
9016 of Pub. L. 105-206, set out as a note under section 101 of
Title 23, Highways.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 777c of this title; title
26 section 9504.

-End-



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

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

-HEAD-
Sec. 777h. Requirements and restrictions concerning use of amounts
for expenses for administration

-STATUTE-
(a) Authorized expenses for administration
Except as provided in subsection (b) of this section, the
Secretary of the Interior may use available amounts under section
777c(d)(1) of this title only for expenses for administration that
directly support the implementation of this chapter that consist of
-
(1) personnel costs of employees who directly administer this
chapter on a full-time basis;
(2) personnel costs of employees who directly administer this
chapter on a part-time basis for at least 20 hours each week, not
to exceed the portion of those costs incurred with respect to the
work hours of the employee during which the employee directly
administers this chapter, as those hours are certified by the
supervisor of the employee;
(3) support costs directly associated with personnel costs
authorized under paragraphs (1) and (2), 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;
(4) costs of determining under section 777e(a) of this title
whether State comprehensive plans and projects are substantial in
character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this chapter and are based on -
(A) 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
(B) in the case of costs that are not determinable under
subparagraph (A), an amount per full-time equivalent employee
authorized under paragraphs (1) and (2) 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;

(6) 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;
(7) costs of audits under subsection (d) of this section;
(8) costs of necessary training of Federal and State full-time
personnel who administer this chapter to improve administration
of this chapter;
(9) costs of travel to States, territories, and Canada by
personnel who -
(A) administer this chapter on a full-time basis for purposes
directly related to administration of State programs or
projects; or
(B) administer grants under section 777e or 777m of this
title;

(10) costs of travel outside the United States (except travel
to Canada), by personnel who administer this chapter on a
full-time basis, 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;
(11) relocation expenses for personnel who, after relocation,
will administer this chapter on a full-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; and
(12) costs to audit, evaluate, approve, disapprove, and advise
concerning grants under sections 777e and 777m of this title.
(b) Reporting of other uses
(1) In general
Subject to paragraph (2), if the Secretary of the Interior
determines that available amounts under section 777c(d)(1) of
this title should be used for an expense for administration other
than an expense for administration described in subsection (a) of
this section, the Secretary -
(A) 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
(B) 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).
(2) Maximum amount
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) of this section 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
(1) In general
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.
(2) Auditor
(A) In general
An audit under this subsection shall be performed under a
contract that is awarded under competitive procedures (as
defined in section 403 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).
(B) Supervision of auditor
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.
(3) Report to Congress
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) a report on the results of each audit under this
subsection; and
(B) a copy of each audit under this subsection.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 9, 64 Stat. 433; Pub. L. 106-408,
title I, Sec. 121(b), Nov. 1, 2000, 114 Stat. 1770.)


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-408 amended section generally. Prior to
amendment, section read as follows: "Out of the deductions set
aside for administering and executing this chapter the Secretary of
the Interior is authorized to employ such assistants, clerks, and
other persons in the District of Columbia and elsewhere, to be
taken from the eligible lists of the civil service; to rent or
construct buildings outside of the District of Columbia; to
purchase such supplies, materials, equipment, office fixtures, and
apparatus; and to incur such travel and other expenses, including
publication of technical and administrative reports, purchase,
maintenance, and hire of passenger-carrying motor vehicles, as he
may deem necessary for carrying out the provisions of this
chapter."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 669k, 777c of this title.

-End-



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

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

-HEAD-
Sec. 777i. Rules and regulations

-STATUTE-
The Secretary of the Interior is authorized to make rules and
regulations for carrying out the provisions of this chapter.

-SOURCE-
(Aug. 9, 1950, ch. 658, Sec. 10, 64 Stat. 434.)


-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.

-End-



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

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

-HEAD-
Sec. 777j. Repealed. Pub. L. 89-348, Sec. 1(14), Nov. 8, 1965, 79
Stat. 1311

-MISC1-
Section, act Aug. 9, 1950, ch. 658, Sec. 11, 64 Stat. 434,
required the Secretary of the Interior to make an annual report to
the Congress giving detailed information as to the projects
established under this chapter and expenditures therefor.

-End-



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

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

-HEAD-
Sec. 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

-STATUTE-
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 (continued)