§ 777e. — Submission and approval of plans and 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: 16USC777e]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777e. Submission and approval of plans and projects
(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.
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\1\ So in original. Probably should be ``from''.
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(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.)
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.
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 777f, 777h of this title.
