§ 777c. — Division of annual appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC777c]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777c. Division of annual appropriations
(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.
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\1\ So in original. The comma probably should not appear.
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(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) 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; and
(5) $10,000,000 for fiscal year 2003;
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).
(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.)
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), 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.
Amendments
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''.
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 669k, 777g, 777g-1, 777h,
777m, 2904, 2905 of this title; title 46 section 13106.
