§ 777g. — Maintenance of 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: 16USC777g]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777g. Maintenance of projects
(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.
(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.)
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.
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.
Section Referred to in Other Sections
This section is referred to in sections 777c, 777g-1 of this title.
