§ 777. — FederalState relationships.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC777]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 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
(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.
(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.)
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''.
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.
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.''
