§ 4104. — State projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4104]
TITLE 16--CONSERVATION
CHAPTER 61--INTERJURISDICTIONAL FISHERIES
Sec. 4104. State projects
(a) In general
(1) Any State may, through its State agency or an interstate
commission, submit to the Secretary a proposal for a project which
includes full plans, specifications, and cost estimates for such
project. The total cost of all items included for engineering, planning,
inspection, and unforeseen contingencies in connection with any works to
be constructed as part of such a proposed project shall not exceed 10
percent of the total cost of such works, and shall be paid by the State
as a part of its contribution to the total cost of the works.
(2) No part of any funds appropriated under any authorization
contained in section 4107 of this title may be obligated with respect to
any project until the proposal for such project has been submitted under
paragraph (1) and approved by the Secretary. The Secretary, before
approving any proposal for a project, must evaluate the proposal as to--
(A) the soundness of design;
(B) the possibilities of securing productive results;
(C) the minimization of duplication with other research projects
in support of the management of interjurisdictional fishery
resources and carried out under this chapter or under any other law
or regulation;
(D) the organization and management of the project;
(E) the methods proposed for monitoring and evaluating the
success or failure of the project;
(F) the consistency of the project with the purposes of this
chapter specified in section 4101 of this title; and
(G) such other criteria as the Secretary may prescribe.
(3) The Federal share of the cost of any project conducted under
this chapter shall not exceed 75 percent of the total estimated cost of
the project, unless--
(A) the State has adopted an interstate fishery management plan
for the resource to which the project applies; or
(B) the State has adopted fishery regulations which the
Secretary has determined are consistent with any Federal fishery
management plan for the species to which the project applies;
in which case the Federal share shall not exceed 90 percent of the total
estimated cost of the project.
(4)(A) If the Secretary approves or disapproves a proposal for a
project, the Secretary shall promptly give written notification,
including, if disapproved, a detailed explanation of the reasons for the
disapproval, to the State agency submitting the proposal or, if the
proposal is submitted through an interstate commission, such commission
and the State.
(B) For the purposes of this chapter, funds apportioned under this
section to any State shall be treated as having been obligated with
respect to a project during the fiscal year in which the written
notification of approval required under subparagraph (A) for the project
proposal is made.
(b) Restriction
The expenditure of funds under this chapter shall be applied only to
projects for which a proposal has been approved under subsection (a) of
this section, except that up to $25,000 each fiscal year may be
obligated for a State to carry out an agreement with the Secretary or
the Secretary of the Interior under which the personnel, services and
equipment of the State and the Federal agency concerned will be made
mutually available for the enforcement of Federal and State laws
pertaining to the protection of fishery resources. If otherwise applied,
such funds shall be replaced by the State before the State may receive
any additional funds under this chapter.
(c) Payment
When the Secretary determines that a project carried out under a
proposal approved by the Secretary has been completed, or where the
Secretary otherwise deems it appropriate, the Secretary shall cause to
be paid to the proper authority of the State, or to the official or
depository designated by the interstate commission if the State agency
specifies that payment is to be made to the interstate commission, the
Federal share of the project. Any payment made to an interstate
commission shall be charged against the apportionment of the State
concerned.
(Pub. L. 99-659, title III, Sec. 305, Nov. 14, 1986, 100 Stat. 3734.)
Section Referred to in Other Sections
This section is referred to in sections 4102, 4106 of this title.
