16 Usc 777

§ 773k

TITLE 16—CONSERVATION

may be necessary for carrying out the Convention and this subchapter, including—
(a) necessary travel expenses of the United
States Commissioners or alternate Commissioners; and
(b) the United States share of the joint expenses of the Commission: Provided, That the
Commissioners shall not, with respect to commitments concerning the United States share
of the joint expenses of the Commission, be
subject to section 262(b) 1 of title 22 insofar as
it limits the authority of United States representatives to international organizations
with respect to such commitments.
(Pub. L. 97–176, § 12, May 17, 1982, 96 Stat. 84.)
§ 773k. Location of office space and other facilities on or near University of Washington
campus in State of Washington
There are hereby authorized to be appropriated such sums as may be necessary for the
Secretary of State to provide for fiscal year 1983
and beyond, by contract, grant, or otherwise, facilities for office and any other necessary space
for the Commission. Such facilities shall be located on or near the campus of the University of
Washington in the State of Washington and
shall be provided without regard to the costsharing provisions in the Convention.
(Pub. L. 97–176, § 13, May 17, 1982, 96 Stat. 84.)
CHAPTER 10A—SOCKEYE OR PINK SALMON
FISHING
§§ 776 to 776f. Repealed. Pub. L. 99–5, § 13, Mar.
15, 1985, 99 Stat. 15
Section 776, acts July 29, 1947, ch. 345, § 2, 61 Stat. 511;
July 11, 1957, Pub. L. 85–102, §§ 1–3, 71 Stat. 293, provided
definitions for this chapter. See section 3631 et seq. of
this title.
Section 776a, acts July 29, 1947, ch. 345, § 3, 61 Stat.
511; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to unlawful acts by persons or vessels. See section 3631
et seq. of this title.
Section 776b, acts July 29, 1947, ch. 345, § 4, 61 Stat.
512; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to penalties imposed for the omission of or fraudulent
returns, records, and reports. See section 3631 et seq. of
this title.
Section 776c, acts July 29, 1947, ch. 345, § 5, 61 Stat.
512; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294, related
to penalties and forfeitures, and procedures involving
violations. See section 3631 et seq. of this title.
Section 776d, acts July 29, 1947, ch. 345, § 6, 61 Stat.
513; July 11, 1957, Pub. L. 85–102, § 3, 71 Stat. 294; Oct. 17,
1968, Pub. L. 90–578, title IV, § 402(b)(2), 82 Stat. 1118; 1970
Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
2090, provided enforcement procedures for this chapter.
See section 3631 et seq. of this title.
Section 776e, acts July 29, 1947, ch. 345, § 7, 61 Stat.
514; July 11, 1957, Pub. L. 85–102, § 4, 71 Stat. 294, related
to the cooperation of Federal agencies and the conduct
of scientific investigations. See section 3631 et seq. of
this title.
Section 776f, acts July 29, 1947, ch. 345, § 8, 61 Stat. 514;
Oct. 18, 1972, Pub. L. 92–504, 86 Stat. 907, related to authorizations. See section 3631 et seq. of this title.
EFFECTIVE DATE OF REPEAL
Section 13 of Pub. L. 99–5 provided that the repeal of
this chapter is effective Dec. 31, 1985.
1 So

in original. Probably should be section ‘‘262b’’.

Page 1266
EFFECTIVE DATE

Section 10 of act July 29, 1947, which provided that
this Act [this chapter] shall be effective thirty days
from the date of its approval [July 29, 1947], was repealed by Pub. L. 99–5, § 13, Mar. 15, 1985, 99 Stat. 15.
SHORT TITLE
Section 1 of act July 29, 1947, as amended by Pub. L.
85–102, § 3, July 11, 1957, 71 Stat. 294, which provided that
this Act [this chapter] may be cited as the ‘‘Sockeye
Salmon or Pink Salmon Fishing Act of 1947’’, was repealed by Pub. L. 99–5, § 13, Mar. 15, 1985, 99 Stat. 15.
SAVINGS PROVISION
Section 9 of act July 29, 1947, which provided that if
any provision of this Act [this chapter] is held invalid
for any cause, such invalidity shall not affect the other
provisions hereof, was repealed by Pub. L. 99–5, § 13,
Mar. 15, 1985, 99 Stat. 15.

CHAPTER 10B—FISH RESTORATION AND
MANAGEMENT PROJECTS
Sec.

777.
777a.
777b.
777c.
777d.
777e.
777e–1.
777f.
777g.
777g–1.
777h.
777i.
777j.
777k.

777l.
777m.
777n.

Federal-State relationships.
Definitions.
Authorization of appropriations.
Division of annual appropriations.
Certification of funds deducted for expenses
and amounts apportioned to States.
Submission and approval of plans and
projects.
New England Fishery Resources Restoration
Act of 1990.
Payments by United States.
Maintenance of projects.
Boating infrastructure.
Requirements and restrictions concerning use
of amounts for expenses for administration.
Rules and regulations.
Repealed.
Payments of funds to and cooperation with
Puerto Rico, the District of Columbia,
Guam, American Samoa, Commonwealth of
the Northern Mariana Islands, and Virgin
Islands.
State use of contributions.
Multistate conservation grant program.
Expenditure of remaining balance in Boat
Safety Account.

§ 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

Page 1267

§ 777

TITLE 16—CONSERVATION

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, § 1, 64 Stat. 430; Pub. L.
98–369, div. A, title X, § 1014(a)(1), July 18, 1984, 98
Stat. 1015; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 100–448, § 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, § 122(a)(1), Nov. 1, 2000,
114 Stat. 1772.
SHORT TITLE OF 2005 AMENDMENTS
Pub. L. 109–74, § 1, Sept. 29, 2005, 119 Stat. 2030, provided that: ‘‘This Act [amending sections 777c and 777n
of this title, section 9504 of Title 26, Internal Revenue
Code, and section 13106 of Title 46, Shipping, enacting
provisions set out as notes under section 777b of this
title and section 9504 of Title 26, and repealing provisions set out as a note under section 777b of this title]
may be cited as the ‘Sportfishing and Recreational
Boating Safety Amendments Act of 2005’.’’
Pub. L. 109–59, title X, § 10101, Aug. 10, 2005, 119 Stat.
1926, provided that: ‘‘This subtitle [subtitle A
(§§ 10101–10143) of title X of Pub. L. 109–59, enacting section 777n of this title, amending sections 777b, 777c,
777g, 777g–1, 777h, 777k, and 777m of this title and sections 13102, 13104, and 13106 of Title 46, Shipping, enacting provisions set out as a note under section 777b of
this title, and amending provisions set out as a note
under this section and section 1322 of Title 33, Navigation and Navigable Waters] may be cited as the ‘Sportfishing and Recreational Boating Safety Act of 2005’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–178, title VII, § 7401(a), June 9, 1998, 112
Stat. 482, provided that: ‘‘This subtitle [subtitle D
(§§ 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 sec-

§ 777

TITLE 16—CONSERVATION

tions 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, § 16, formerly § 15, as added by
Pub. L. 106–408, title I, § 101(c), Nov. 1, 2000, 114 Stat.
1763; renumbered § 16, Pub. L. 109–59, title X, § 10119,
Aug. 10, 2005, 119 Stat. 1929, provided that: ‘‘This Act
[enacting this chapter] may be cited as the ‘DingellJohnson 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, as amended by Pub. L. 111–11, title XIII, § 13002, Mar. 30, 2009, 123
Stat. 1447, provided that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Fisheries Restoration
and Irrigation Mitigation Act of 2000’.

Page 1268

‘‘(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 nonFederal 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
$2,500,000.
‘‘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. 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. 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 nonFederal 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. 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.

‘‘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.—
‘‘(1) IN GENERAL.—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.
‘‘(2) BONNEVILLE POWER ADMINISTRATION.—
‘‘(A) IN GENERAL.—The Secretary may, without
further appropriation and without fiscal year limi-

Page 1269

TITLE 16—CONSERVATION

tation, accept any amounts provided to the Secretary by the Administrator of the Bonneville
Power Administration.
‘‘(B) NON-FEDERAL SHARE.—Any amounts provided
by the Bonneville Power Administration directly or
through a grant to another entity for a project carried under the Program 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
any amounts are made available to carry out this Act,
the Secretary shall, after partnering with local governmental entities and the States in the Pacific Ocean
drainage area, 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 2009 through 2015.
‘‘(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.—
‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In
this paragraph, the term ‘administrative expense’
means, except as provided in subparagraph
(B)(iii)(II), any expenditure relating to—
‘‘(i) staffing and overhead, such as the rental of
office space and the acquisition of office equipment; and
‘‘(ii) the review, processing, and provision of applications for funding under the Program.
‘‘(B) LIMITATION.—
‘‘(i) IN GENERAL.—Not more than 6 percent of
amounts made available to carry out this Act for
each fiscal year may be used for Federal and
State administrative expenses of carrying out
this Act.
‘‘(ii) FEDERAL AND STATE SHARES.—To the maximum extent practicable, of the amounts made
available for administrative expenses under
clause (i)—
‘‘(I) 50 percent shall be provided to the State
agencies provided assistance under the Program; and

§ 777a

‘‘(II) an amount equal to the cost of 1 fulltime equivalent Federal employee, as determined by the Secretary, shall be provided to the
Federal agency carrying out the Program.
‘‘(iii) STATE EXPENSES.—Amounts made available to States for administrative expenses under
clause (i)—
‘‘(I) shall be divided evenly among all States
provided assistance under the Program; and
‘‘(II) may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including
staff travel expenses) associated with—
‘‘(aa) arranging meetings to promote the
Program to potential applicants;
‘‘(bb) assisting applicants with the preparation of applications for funding under the Program; and
‘‘(cc) visiting construction sites to provide
technical assistance, if requested by the applicant.’’

§ 777a. Definitions
For purposes of this chapter—
(1) the term ‘‘fish restoration and management projects’’ shall be construed to mean
projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the
United States and include—
(A) such research into problems of fish
management and culture as may be necessary to efficient administration affecting
fish resources;
(B) the acquisition of such facts as are necessary to guide and direct the regulation of
fishing by law, including the extent of the
fish population, the drain on the fish supply
from fishing and/or natural causes, the necessity of legal regulation of fishing, and the
effects of any measures of regulation that
are applied;
(C) the formulation and adoption of plans
of restocking waters with food and game
fishes according to natural areas or districts
to which such plans are applicable, together
with the acquisition of such facts as are necessary to the formulation, execution, and
testing the efficacy of such plans;
(D) the selection, restoration, rehabilitation, and improvement of areas of water or
land adaptable as hatching, feeding, resting,
or breeding places for fish, including acquisition by purchase, condemnation, lease, or
gift of such areas or estates or interests
therein as are suitable or capable of being
made suitable therefor, and the construction
thereon or therein of such works as may be
necessary to make them available for such
purposes, and such preliminary or incidental
costs and expenses as may be incurred in and
about such works; the term ‘‘State fish and
game department’’ shall be construed to
mean and include any department or division of department of another name, or commission, or official or officials, of a State
empowered under its laws to exercise the
functions ordinarily exercised by a State
fish and game department;
(2) the term ‘‘outreach and communications
program’’ means a program to improve communications with anglers, boaters, and the

§ 777b

TITLE 16—CONSERVATION

general public regarding angling and boating
opportunities, to reduce barriers to participation in these activities, to advance adoption of
sound fishing and boating practices, to promote conservation and the responsible use of
the Nation’s aquatic resources, and to further
safety in fishing and boating; and
(3) the term ‘‘aquatic resource education
program’’ means a program designed to enhance the public’s understanding of aquatic
resources and sportfishing, and to promote the
development of responsible attitudes and ethics toward the aquatic environment.
(Aug. 9, 1950, ch. 658, § 2, 64 Stat. 431; July 2, 1956,
ch. 489, § 3, 70 Stat. 473; Pub. L. 86–624, § 12, July
12, 1960, 74 Stat. 413; Pub. L. 105–178, title VII,
§ 7402(a), June 9, 1998, 112 Stat. 483.)
AMENDMENTS
1998—Pub. L. 105–178 inserted introductory provisions
‘‘For purposes of this chapter—’’, designated existing
provisions as par. (1), substituted ‘‘the term’’ for ‘‘For
the purpose of this chapter the term’’, redesignated
subsecs. (a) to (d) as subpars. (A) to (D), respectively, of
par. (1), substituted ‘‘department;’’ for ‘‘department.’’
at end of subpar. (D), realigned margins, and added
pars. (2) and (3).
1960—Subsec. (d). Pub. L. 86–624 struck out provisions
which defined ‘‘State’’ as including the several States
and the Territory of Hawaii.
1956—Act July 2, 1956, included definition of ‘‘State’’.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 2, 1956, as applicable only
with respect to fiscal years beginning after July 2, 1956,
see section 5 of act July 2, 1956, set out as a note under
section 669a of this title.

§ 777b. Authorization of appropriations
To carry out the provisions of this chapter for
fiscal years after September 30, 1984, there are
authorized to be appropriated from the Sport
Fish Restoration and Boating Trust Fund established by section 9504(a) of title 26 the amounts
paid, transferred, or otherwise credited to that
Trust Fund, except as provided in section 9504(c)
of title 26. For purposes of the provision of the
Act of August 31, 1951, which refers to this section, such amounts shall be treated as the
amounts that are equal to the revenues described in this section. The appropriation made
under the provisions of this section for each fiscal year shall continue available during succeeding fiscal years. So much of such appropriation
apportioned to any State for any fiscal year as
remains unexpended at the close thereof is authorized to be made available for expenditure in
that State until the close of the succeeding fiscal year. Any amount apportioned to any State
under the provisions of this chapter which is unexpended or unobligated at the end of the period
during which it is available for expenditure on
any project is authorized to be made available
for expenditure by the Secretary of the Interior
to supplement the 57 percent of the balance of
each annual appropriation to be apportioned
among the States, as provided for in section
777c(c) of this title.
(Aug. 9, 1950, ch. 658, § 3, 64 Stat. 431; Pub. L.
98–369, div. A, title X, § 1014(a)(2), July 18, 1984, 98
Stat. 1015; Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 109–59, title X, § 10112(a),
(b)(1), Aug. 10, 2005, 119 Stat. 1927.)

Page 1270
REFERENCES IN TEXT

The provision of the Act of August 31, 1951, referred
to in text, is set out as a note below.
AMENDMENTS
2005—Pub. L. 109–59 substituted ‘‘Sport Fish Restoration and Boating Trust Fund’’ for ‘‘Sport Fish Restoration Account’’, ‘‘that Trust Fund, except as provided in
section 9504(c) of title 26’’ for ‘‘that Account’’, ‘‘during
succeeding fiscal years’’ for ‘‘during the succeeding fiscal year’’, and ‘‘to supplement the 57 percent of the balance of each annual appropriation to be apportioned
among the States, as provided for in section 777c(c) of
this title’’ for ‘‘in carrying on the research program of
the Fish and Wildlife Service in respect to fish of material value for sport and recreation’’.
1986—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 substituted ‘‘To carry out the
provisions of this chapter for fiscal years after September 30, 1984, there are authorized to be appropriated
from the Sport Fish Restoration Account established
by section 9504(a) of title 26 the amounts paid, transferred, or otherwise credited to that Account. For purposes of the provision of the Act of August 31, 1951,
which refers to this section, such amounts shall be
treated as the amounts that are equal to the revenues
described in this section’’ for ‘‘To carry out the provisions of this chapter, there is hereby authorized to be
appropriated an amount equal to the revenue accruing
from tax imposed by section 3406 of the Internal Revenue Code, as heretofore of hereafter extended and
amended, on fishing rods, creels, reels, and artificial
lures, baits, and flies during the fiscal year ending June
30, 1951, and each fiscal year thereafter’’.
EFFECTIVE DATE OF 2005 AMENDMENTS
Pub. L. 109–74, title I, § 101(b), Sept. 29, 2005, 119 Stat.
2030, provided that: ‘‘Except as provided by the amendments made by title II of this Act [amending section
777c of this title and section 13106 of Title 46, Shipping],
during the period beginning on the date of the enactment of the Sportfishing and Recreational Boating
Safety Act of 2005 [Aug. 10, 2005], and ending upon the
expiration of fiscal year 2005, the provisions of law
amended by the Sportfishing and Recreational Boating
Safety Act of 2005 [see Short Title of 2005 Amendments
note set out under section 777 of this title] (as amended
by this Act) shall be considered to read as such laws
read immediately before the enactment of that Act.’’
Pub. L. 109–59, title X, § 10102, as added by Pub. L.
109–74, title I, § 101(a)(2), Sept. 29, 2005, 119 Stat. 2030,
provided that: ‘‘The amendments made by this subtitle
[subtitle A (§§ 10101–10143) of title X of Pub. L. 109–59,
see Short Title of 2005 Amendments note set out under
section 777 of this title] shall take effect October 1,
2005.’’
Pub. L. 109–59, title X, § 10112(b)(2), Aug. 10, 2005, 119
Stat. 1927, which provided that the amendments made
by section 10112(b)(1) of Pub. L. 109–59 (amending this
section) would take effect on Oct. 1, 2005, was repealed
by Pub. L. 109–74, title I, § 101(a)(1), Sept. 29, 2005, 119
Stat. 2030. See section 10102 of Pub. L. 109–59, set out
above.
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.

Page 1271

TITLE 16—CONSERVATION

AVAILABILITY OF FUNDS UNTIL EXPENDED
Section 101 of act Aug. 31, 1951, ch. 375, title I, 65 Stat.
262, provided that: ‘‘For carrying out the provisions of
the Act of August 9, 1950 (Public Law 681) [this chapter], amounts equal to the revenues described in section 3 of said Act [this section] and credited during the
next preceding fiscal year and each fiscal year thereafter, to remain available until expended.’’

§ 777c. Division of annual appropriations
(a) In general
For each of fiscal years 2006 through 2011 and
for the period beginning on October 1, 2011, and
ending on March 31, 2012, the balance of each annual appropriation made in accordance with the
provisions of section 777b of this title remaining
after the distributions for administrative expenses and other purposes under subsection (b)
and for multistate conservation grants under
section 777m of this title shall be distributed as
follows:
(1) Coastal wetlands
An amount equal to 18.5 percent to the Secretary of the Interior for distribution as provided in the Coastal Wetlands Planning, Protection,1 and Restoration Act (16 U.S.C. 3951 et
seq.).
(2) Boating safety
An amount equal to 18.5 percent to the Secretary of the department in which the Coast
Guard is operating for State recreational boating safety programs under section 13107 of title
46.
(3) Clean Vessel Act
An amount equal to 2.0 percent to the Secretary of the Interior for qualified projects
under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
(4) Boating infrastructure
An amount equal to 2.0 percent to the Secretary of the Interior for obligation for qualified projects under section 777g–1(d) of this
title.
(5) National outreach and communications
An amount equal to 2.0 percent to the Secretary of the Interior 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 for that program may be expended by the Secretary under subsection (c)
of this section.
(b) Set-aside for expenses for administration of
this chapter
(1) In general
(A) Set-aside for administration
From the annual appropriation made in
accordance with section 777b of this title, for
each of fiscal years 2006 through 2011 and for
the period beginning on October 1, 2011, and
ending on March 31, 2012, the Secretary of
the Interior may use no more than the
amount specified in subparagraph (B) for the

fiscal year for expenses for administration
incurred in the implementation of this chapter, in accordance with this section and section 777h of this title. The amount specified
in subparagraph (B) for a fiscal year may not
be included in the amount of the annual appropriation distributed under subsection (a)
of this section for the fiscal year.
(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) 2 of this section for the fiscal year.
(c) Apportionment among States
The Secretary 3 after the distribution, transfer, use and deduction under subsection (b) of
this section, and after deducting amounts used
for grants under section 777m of this title, shall
apportion 57 percent of the balance of each such
annual appropriation among the several States
in the following manner: 40 percent 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 percent 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 percent nor more
2 See

1 So

in original. The comma probably should not appear.

§ 777c

3 So

References in Text note below.
in original. Probably should be followed by a comma.

§ 777c

TITLE 16—CONSERVATION

than 5 percent 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.
(d) 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.
(e) 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 paragraphs (1), (3),
(4), and (5) of subsection (a) of this section to
pay the expenses for administration incurred
in carrying out the provisions of law referred
to in those subsections,4 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).
(f) Transfer of certain funds
Amounts available under paragraphs (3) and
(4) of subsection (a) of this section that are unobligated by the Secretary of the Interior after
3 fiscal years shall be transferred to the Secretary of the department in which the Coast
Guard is operating and shall be expended for
State recreational boating safety programs
under section 13107(a) of title 46.
(Aug. 9, 1950, ch. 658, § 4, 64 Stat. 432; Pub. L.
91–503, title II, § 201, Oct. 23, 1970, 84 Stat. 1101;
Pub. L. 94–273, § 4(2), Apr. 21, 1976, 90 Stat. 377;
Pub. L. 98–369, div. A, title X, § 1014(a)(3), July 18,
1984, 98 Stat. 1015; Pub. L. 101–646, title III, § 308,
Nov. 29, 1990, 104 Stat. 4787; Pub. L. 102–587, title
V, § 5604(a), Nov. 4, 1992, 106 Stat. 5087; Pub. L.
105–178, title VII, §§ 7402(b), 7403, June 9, 1998, 112
Stat. 483, 485; Pub. L. 105–206, title IX, § 9012(b),
July 22, 1998, 112 Stat. 864; Pub. L. 106–74, title
IV, § 430, Oct. 20, 1999, 113 Stat. 1096; Pub. L.
106–377, § 1(a)(2) [title VI, § 605], Oct. 27, 2000, 114
Stat. 1441, 1441A–85; Pub. L. 106–408, title I,
§§ 121(a), (c), 122(b)–124, Nov. 1, 2000, 114 Stat.
1769, 1772, 1774; Pub. L. 108–88, § 9(a), (b), Sept. 30,
2003, 117 Stat. 1126; Pub. L. 108–202, § 7(a), (b),
Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 6(a),
(b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263,
4 So

in original. Probably should be ‘‘paragraphs,’’.

Page 1272

§ 6(a), (b), June 30, 2004, 118 Stat. 703; Pub. L.
108–280, § 6(a), (b), July 30, 2004, 118 Stat. 881, 882;
Pub. L. 108–310, § 9(a), (b), Sept. 30, 2004, 118 Stat.
1159; Pub. L. 108–447, div. C, title I, § 114(b), Dec.
8, 2004, 118 Stat. 2944; Pub. L. 109–14, § 8(a), (b),
May 31, 2005, 119 Stat. 334; Pub. L. 109–20, § 8(a),
(b), July 1, 2005, 119 Stat. 356; Pub. L. 109–35,
§ 8(a), (b), July 20, 2005, 119 Stat. 389; Pub. L.
109–37, § 8(a), (b), July 22, 2005, 119 Stat. 404, 405;
Pub. L. 109–40, § 8(a), (b), July 28, 2005, 119 Stat.
421; Pub. L. 109–59, title X, § 10113, Aug. 10, 2005,
119 Stat. 1927; Pub. L. 109–74, title II, §§ 201, 202,
Sept. 29, 2005, 119 Stat. 2031; Pub. L. 109–241, title
IX, § 901(r)(1), July 11, 2006, 120 Stat. 566; Pub. L.
109–304, § 16(c)(1), Oct. 6, 2006, 120 Stat. 1705; Pub.
L. 111–68, div. B, § 160, Oct. 1, 2009, 123 Stat. 2052;
Pub. L. 111–147, title IV, § 423(b), Mar. 18, 2010, 124
Stat. 87; Pub. L. 111–322, title II, § 2203(b), Dec.
22, 2010, 124 Stat. 3526; Pub. L. 112–5, title II,
§ 203(b), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30,
title I, § 123(b), Sept. 16, 2011, 125 Stat. 349.)
REFERENCES IN TEXT
The Coastal Wetlands Planning, Protection and Restoration Act, referred to in subsec. (a)(1), is title III of
Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4778, which is
classified generally to chapter 59A (§ 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. (a)(3), 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.
Subsection (e) of this section, referred to in subsec.
(b)(2)(B), was redesignated subsection (c) by Pub. L.
109–59, title X, § 10113(1), Aug. 10, 2005, 119 Stat. 1927.
AMENDMENTS
2011—Subsec. (a). Pub. L. 112–30, § 123(b)(1), substituted ‘‘2011 and for the period beginning on October
1, 2011, and ending on March 31, 2012,’’ for ‘‘2011,’’ in introductory provisions.
Pub. L. 112–5, § 203(b)(1), substituted ‘‘through 2011,’’
for ‘‘through 2010, and for the period beginning on October 1, 2010, and ending on March 4, 2011,’’ in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 112–30, § 123(b)(2), substituted ‘‘2011 and for the period beginning on October
1, 2011, and ending on March 31, 2012,’’ for ‘‘2011,’’.
Pub. L. 112–5, § 203(b)(2), substituted ‘‘through 2011,’’
for ‘‘through 2010, and for the period beginning on October 1, 2010, and ending on March 4, 2011,’’.
2010—Subsec. (a). Pub. L. 111–322, § 2203(b), substituted
‘‘For each of fiscal years 2006 through 2010, and for the
period beginning on October 1, 2010, and ending on
March 4, 2011, the balance of each annual appropriation
made in accordance with the provisions of section 777b
of this title remaining after the distributions for administrative expenses and other purposes under subsection (b) and for multistate conservation grants
under section 777m of this title shall be distributed as
follows:’’ for introductory provisions which read as follows: ‘‘For each of fiscal years 2006 through 2010 and for
the period beginning on October 1, 2010, and ending on
December 31, 2010, and the period from October 1, 2009,
through the date specified in section 106(3) of the first
Continuing Appropriations Resolution for Fiscal Year
2010 enacted into law, the balance of each annual appropriation made in accordance with the provisions of section 777b of this title remaining after the distributions
for administrative expenses and other purposes under
subsection (b) of this section and for multistate conservation grants under section 777m of this title shall
be distributed as follows:’’.
Pub. L. 111–147, § 423(b)(1), which directed substitution
of ‘‘2010 and for the period beginning on October 1, 2010,

Page 1273

TITLE 16—CONSERVATION

and ending on December 31, 2010,’’ for ‘‘2009,’’ in introductory provisions, was executed by making the substitution for ‘‘2009,’’ the first place it appeared.
Subsec. (b)(1)(A). Pub. L. 111–322, § 2203(b)(2), substituted ‘‘From the annual appropriation made in accordance with section 777b of this title, for each of fiscal years 2006 through 2010, and for the period beginning
on October 1, 2010, and ending on March 4, 2011, the Secretary of the Interior may use no more than the
amount specified in subparagraph (B) for the fiscal year
for expenses for administration incurred in the implementation of this chapter, in accordance with this section and section 777h of this title.’’ for ‘‘From the annual appropriation made in accordance with section
777b of this title, for each of fiscal years 2006 through
2009 and the period from October 1, 2009, through the
date specified in section 106(3) of the first Continuing
Appropriations Resolution for Fiscal Year 2010 enacted
into law,, the Secretary of the Interior may use no
more than the amount specified in subparagraph (B) for
the fiscal year for expenses for administration incurred
in the implementation of this chapter, in accordance
with this section and section 777h of this title.’’
Pub. L. 111–147, § 423(b)(2), which directed substitution
of ‘‘and for the period beginning on October 1, 2010, and
ending on December 31, 2010,’’ for ‘‘2010,’’, could not be
executed because ‘‘2010,’’ did not appear.
2009—Subsec. (a). Pub. L. 111–68, § 160(1), inserted ‘‘and
the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’’
after ‘‘2009,’’ in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 111–68, § 160(2), inserted ‘‘and
the period from October 1, 2009, through the date specified in section 106(3) of the first Continuing Appropriations Resolution for Fiscal Year 2010 enacted into law,’’
after ‘‘2009’’.
2006—Subsec. (a)(2). Pub. L. 109–304 substituted
‘‘13107’’ for ‘‘13106’’.
Subsec. (c). Pub. L. 109–241 struck out ‘‘, for each of
fiscal years 2006 through 2009,’’ after ‘‘The Secretary’’.
Subsec. (f). Pub. L. 109–304 substituted ‘‘13107(a)’’ for
‘‘13106(a)’’.
2005—Subsec. (a). Pub. L. 109–59, § 10113(1), (2), added
subsec. (a) and struck out former subsec. (a) which read
as follows: ‘‘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, and Restoration Act (title III, Public Law
101–646). Notwithstanding the provisions of section 777b
of this title, such sums shall remain available to carry
out such Act through fiscal year 2019.’’
Subsec. (b). Pub. L. 109–59, § 10113(1), redesignated subsec. (d) as (b) and struck out former subsec. (b) which
related to use of the balance of each annual appropriation remaining after making the distribution under
subsec. (a) in fiscal years 1998 through 2005.
Subsec. (b)(1)(A). Pub. L. 109–59, § 10113(3), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: ‘‘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.’’
Subsec. (b)(4). Pub. L. 109–74, § 202, substituted ‘‘Fiscal’’ for ‘‘First 303 days of fiscal’’ in heading, ‘‘September 30, 2005’’ for ‘‘July 30, 2005’’ and ‘‘$82,000,000’’ for
‘‘$68,071,233’’ in introductory provisions, ‘‘$10,000,000’’
for ‘‘$8,301,370’’ in subpar. (A), and ‘‘$8,000,000’’ for
‘‘$6,641,096’’ in subpar. (B).
Pub. L. 109–40, § 8(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 303 days of fiscal year 2005 for
similar provisions relating to use of funds for first 300
days of fiscal year 2005.

§ 777c

Pub. L. 109–37, § 8(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 300 days of fiscal year 2005 for
similar provisions relating to use of funds for first 42
weeks of fiscal year 2005.
Pub. L. 109–35, § 8(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 42 weeks of fiscal year 2005 for
similar provisions relating to use of funds for first 292
days of fiscal year 2005.
Pub. L. 109–20, § 8(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 292 days of fiscal year 2005 for
similar provisions relating to use of funds for first 9
months of fiscal year 2005.
Pub. L. 109–14, § 8(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 9 months of fiscal year 2005 for
similar provisions relating to use of funds for fiscal
year 2004.
Subsec. (c). Pub. L. 109–59, § 10113(4), (5), substituted
‘‘Secretary, for each of fiscal years 2006 through 2009,
after the distribution, transfer, use and deduction
under subsection (b) of this section, and after deducting
amounts used for grants under section 777m of this
title, shall apportion 57 percent of the balance’’ for
‘‘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’’ and ‘‘percent’’ for ‘‘per centum’’ after ‘‘40’’, ‘‘60’’, ‘‘1’’, and ‘‘5’’.
Pub. L. 109–59, § 10113(1), redesignated subsec. (e) as (c)
and struck out former subsec. (c) which obligated
amounts for the National Outreach and Communications Program for fiscal years 1999 through 2005.
Subsec. (c)(7). Pub. L. 109–74, § 201, amended par. (7)
generally, substituting ‘‘$10,000,000 for fiscal year 2005;’’
for ‘‘$8,301,370 for the period of October 1, 2004, through
July 30, 2005;’’.
Pub. L. 109–40, § 8(a), amended par. (7) generally. Prior
to amendment, par. (7) read as follows: ‘‘$8,219,180 for
the period of October 1, 2004, through July 27, 2005;’’.
Pub. L. 109–37, § 8(a), amended par. (7) generally. Prior
to amendment, par. (7) read as follows: ‘‘$8,099,997 for
the period of October 1, 2004, through July 21, 2005;’’.
Pub. L. 109–35, § 8(a), amended par. (7) generally. Prior
to amendment, par. (7) read as follows: ‘‘$8,000,000 for
the period of October 1, 2004, through July 19, 2005;’’.
Pub. L. 109–20, § 8(a), substituted ‘‘(7) $8,000,000 for the
period of October 1, 2004, through July 19, 2005;’’ for ‘‘(6)
$7,499,997 for the period of October 1, 2004, through June
30, 2005;’’.
Pub. L. 109–14, § 8(a), directed amendment of par. (7)
generally by substituting ‘‘(6) $7,499,997 for the period
of October 1, 2004, through June 30, 2005;’’ for ‘‘(7)
$6,666,664 for the period of October 1, 2004, through May
31, 2005;’’. See above.
Subsec. (d). Pub. L. 109–59, § 10113(1), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 109–59, § 10113(1), redesignated subsec. (g) as (e). Former subsec. (e) redesignated (c).
Subsec. (e)(1). Pub. L. 109–59, § 10113(6), substituted
‘‘paragraphs (1), (3), (4), and (5) of subsection (a)’’ for
‘‘subsections (a), (b)(3)(A), (b)(3)(B), and (c)’’.
Subsec. (f). Pub. L. 109–59, § 10113(7), added subsec. (f).
Former subsec. (f) redesignated (d).
Subsec. (g). Pub. L. 109–59, § 10113(1), redesignated subsec. (g) as (e).
2004—Subsec. (a). Pub. L. 108–447 substituted ‘‘2019’’
for ‘‘2009’’.
Subsec. (b)(4). Pub. L. 108–310, § 9(b)(1), inserted heading and struck out former heading which read ‘‘First 10
months of fiscal year 2004’’.
Pub. L. 108–280, § 6(b), substituted ‘‘fiscal year 2004’’
for ‘‘the period of October 1, 2003, through July 31, 2004’’
and ‘‘$82,000,000’’ for ‘‘$68,333,332’’ in introductory provisions, ‘‘$10,000,000’’ for ‘‘$8,333,332’’ in subpar. (A), and
‘‘$8,000,000’’ for ‘‘$6,666,668’’ in subpar. (B) and directed
amendment of heading by striking ‘‘First 9 months of’’,
which could not be executed.

§ 777c

TITLE 16—CONSERVATION

Pub. L. 108–263, § 6(b), substituted ‘‘10 months’’ for ‘‘9
months’’ in heading, ‘‘July 31’’ for ‘‘April 30’’ and
‘‘$68,333,332’’ for ‘‘$61,499,999’’ in introductory provisions, ‘‘$8,333,332’’ for ‘‘$7,499,999’’ in subpar. (A), and
‘‘$6,666,668’’ for ‘‘$6,000,001’’ in subpar. (B).
Pub. L. 108–224, § 6(b), substituted ‘‘9 months’’ for ‘‘7
months’’ in heading, ‘‘$61,499,999’’ for ‘‘$47,833,333’’ in introductory provisions, ‘‘$7,499,999’’ for ‘‘$5,833,333’’ in
subpar. (A), and ‘‘$6,000,001’’ for ‘‘$4,666,667’’ in subpar.
(B).
Pub. L. 108–202, § 7(b), amended heading and text of
par. (4) generally, substituting provisions relating to
use of funds for first 7 months of fiscal year 2004 for
similar provisions relating to use of funds for first 5
months of fiscal year 2004.
Subsec. (b)(5), (6). Pub. L. 108–310, § 9(b)(2), (3), added
par. (5) and redesignated former par. (5) as (6).
Subsec. (c)(6). Pub. L. 108–280, § 6(a), amended par. (6)
generally. Prior to amendment, par. (6) read as follows:
‘‘$8,333,332 for the period of October 1, 2003, through
July 31, 2004;’’.
Pub. L. 108–263, § 6(a), amended par. (6) generally.
Prior to amendment, par. (6) read as follows: ‘‘$7,499,999
for the period of October 1, 2003, through June 30,
2004;’’.
Pub. L. 108–224, § 6(a), amended par. (6) generally.
Prior to amendment, par. (6) read as follows: ‘‘$5,833,333
for the period of October 1, 2003, through April 30,
2004;’’.
Pub. L. 108–202, § 7(a), amended par. (6) generally.
Prior to amendment, par. (6) read as follows: ‘‘$4,166,667
for the period of October 1, 2003, through February 29,
2004;’’.
Subsec. (c)(7). Pub. L. 108–310, § 9(a), added par. (7).
2003—Subsec. (b)(4), (5). Pub. L. 108–88, § 9(b), added
par. (4) and redesignated former par. (4) as (5).
Subsec. (c)(6). Pub. L. 108–88, § 9(a), added par. (6).
2000—Subsec. (a). Pub. L. 106–377 and Pub. L. 106–408,
§ 123, amended subsec. (a) identically, substituting ‘‘fiscal year 2009’’ for ‘‘fiscal year 2000’’.
Subsec. (d). Pub. L. 106–408, § 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, § 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, § 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’’.

Page 1274

Subsec. (g). Pub. L. 106–408, § 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, § 7403(a), as amended
by Pub. L. 105–206, § 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, § 7403(b), as added by
Pub. L. 105–206, § 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, § 7402(b)(1), (2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 105–178, § 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, § 7402(b)(1), redesignated subsec. (c) as
(d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105–178, § 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, § 7402(b)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105–178, § 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.

Page 1275

TITLE 16—CONSERVATION

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 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, section
considered to read as immediately before enactment of
Pub. L. 109–59, except as provided by the amendments
by sections 201 and 202 of Pub. L. 109–74, see section
101(b) of Pub. L. 109–74, set out as a note under section
777b of this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.
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.

§ 777d. Certification of funds deducted for expenses and amounts apportioned to States
For each fiscal year beginning with the fiscal
year ending June 30, 1951, the Secretary of the
Interior shall certify, at the time at which a deduction or apportionment is made, to the Secretary of the Treasury, and to each State fish
and game department, the sum which he has estimated to be deducted for administering this
chapter and the sum which he has apportioned
to each State for such fiscal year.
(Aug. 9, 1950, ch. 658, § 5, 64 Stat. 432; Pub. L.
98–369, div. A, title X, § 1014(a)(4), July 18, 1984, 98
Stat. 1015; Pub. L. 106–408, title I, § 125, Nov. 1,
2000, 114 Stat. 1775.)
AMENDMENTS
2000—Pub. L. 106–408 inserted ‘‘, at the time at which
a deduction or apportionment is made,’’ after ‘‘certify’’
and struck out ‘‘and executing’’ after ‘‘administering’’.
1984—Pub. L. 98–369 struck out provisions relating to
notice by the State to the Secretary of intention to accept, and use of funds where the State fails to accept.
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.

§ 777e

§ 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.

§ 777e–1

TITLE 16—CONSERVATION

(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.
(Aug. 9, 1950, ch. 658, § 6, 64 Stat. 432; Pub. L.
91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1102;
Pub. L. 98–369, div. A, title X, § 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.

§ 777e–1. New England Fishery Resources Restoration Act of 1990
(a) Short title
This section may be cited as the ‘‘New England Fishery Resources Restoration Act of 1990’’.
(b) Purposes
The purposes of this section are to—
(1) ensure timely and effective implementation of restoration plans and programs for Atlantic salmon and other fishery resources of
selected river systems in New England;
(2) complete a study of fish passage impediments and requirements on small streams and
rivers in New England; and
1 So

in original. Probably should be ‘‘from’’.

Page 1276

(3) develop an inventory of important fish
and wildlife habitat and other natural areas of
river basins in New England.
(c) Implementation of fishery resource restoration plans
The Director of the United States Fish and
Wildlife Service, hereinafter referred to as the
Director, in consultation with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration shall formulate, establish and implement programs to
restore and maintain nationally significant,
interjurisdictional fishery resources originating
in New England river systems, including the
Connecticut, Thames, Pawcatuck, Merrimack,
Saco, Androscoggin, Kennebec, Sheepscot, Duck
Trap,
St.
George,
Penobscot,
Union,
Narraguagus, Pleasant, Machias, Dennys, St.
Croix, Meduxnekeag and Aroostock and their
tributaries. These programs shall be in accordance with the schedule and responsibilities established in comprehensive basin-wide restoration plans prepared by the Director in cooperation with State, local, and other entities involved and interested in the conservation and
management of the affected fishery resources.
Preparation and periodic revision of restoration
plans, and their implementation, shall be based
on a Memorandum of Agreement for each restoration program which shall be entered into by
the Director and cooperating entities. The Director shall prepare and submit to the House
Committee on Merchant Marine and Fisheries
and the Senate Committee on Environment and
Public Works an annual report documenting
activities undertaken and accomplishments
achieved in fulfillment of this section, including
an assessment of the prognosis for restoration of
each of the stocks and species involved.
(d) Fish passage study
The Director shall conduct a study to identify
impediments to upstream and downstream passage of fish in rivers and streams in the New
England States due to dams that are not licensed by the Federal Energy Regulatory Commission or other human-caused obstructions. In
addition, the study shall identify actions needed
to alleviate those impediments where desirable
and feasible. The study shall include, but not be
limited to, identifying—
(1) all dams not licensed by the Federal Energy Regulatory Commission and other
human-caused obstructions on New England
rivers and streams where construction of upstream or downstream fish passage facilities
or their removal would benefit fishery resources, including an estimate of the degree of
benefits expected; and
(2) the proposed nature and size and estimated cost of appropriate fish passage facilities or other actions determined to be necessary and feasible or each dam or other obstruction identified in response to paragraph
(1).
The Director shall provide notice to the public
of the extent and nature of the study by publication of such information in major newspapers in
the region and by other appropriate means.
Within three years of November 16, 1990, the Di-

Page 1277

rector shall submit a report containing the findings, conclusions and recommendations of the
study to the House Committee on Merchant Marine and Fisheries and the Senate Committee on
Environment and Public Works.
(e) New England rivers fish and wildlife inventory
The Director shall inventory the natural values of river basins in New England, including
the Connecticut, Pawcatuck, Acushnet, North
and South (in Plymouth County, Massachusetts), Charles, Merrimack, Saco, Androscoggin,
Kennebec, Penobscot, Union, St. Croix, and
Aroostock Rivers and their tributaries, and
identify fish and wildlife habitat in most need of
protection or where public access to the rivers
should be provided. In addition, the Director
shall, in cooperation with appropriate State
agencies and local governments and after providing notice and opportunity for public comment, identify appropriate public or private
measures for providing the necessary protection
or access for each area included in the inventory. Within two years of November 16, 1990, the
Director shall submit a report containing the
findings, conclusions, and recommendations of
the inventory and assessment to the House Committee on Merchant Marine and Fisheries and
the Senate Committee on Environment and Public Works.
(f) Authorization of appropriations
There are authorized to be appropriated to the
Director—
(1) $5,000,000 per year for fiscal years 1991,
1992, 1993, 1994, and 1995 to implement fishery
resource restoration plans and programs, except for activities related to the design and
construction of fish passage facilities, as directed by subsection (c) of this section;
(2) $500,000 per year for fiscal years 1991, 1992,
and 1993 to conduct the study required under
subsection (d) of this section; and
(3) $500,000 to conduct the inventory and assessment required under section 1 (e) of this
section.
(Pub. L. 101–593, title I, § 111, Nov. 16, 1990, 104
Stat. 2960.)
REFERENCES IN TEXT
This section, referred to in subsec. (b), was in the
original ‘‘this Act’’, which probably was intended as a
reference to New England Fishery Resources Restoration Act of 1990, section 111 of Pub. L. 101–593, title I,
Nov. 16, 1990, 104 Stat. 2960, which is classified generally
to this section.
CODIFICATION
Section was enacted as the New England Fishery Resources Restoration Act of 1990, and not as part of the
Fish Restoration and Management Projects Act which
comprises this chapter.
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
Committee on Merchant Marine and Fisheries of
House of Representatives abolished and its jurisdiction
transferred by House Resolution No. 6, One Hundred
Fourth Congress, Jan. 4, 1995. Committee on Merchant
Marine and Fisheries of House of Representatives treat1 So

§ 777f

TITLE 16—CONSERVATION

in original. Probably should be ‘‘subsection’’.

ed as referring to Committee on Resources of House of
Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of
navigable waters, or oceanography by section 1(b)(3) of
Pub. L. 104–14, set out as a note preceding section 21 of
Title 2, The Congress. Committee on Resources of
House of Representatives changed to Committee on
Natural Resources of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.

§ 777f. Payments by United States
(a) Payments and advances to States
When the Secretary of the Interior shall find
that any project approved by him has been completed or, if involving research relating to fish,
is being conducted, in compliance with said
plans and specifications, he shall cause to be
paid to the proper authority of said State the
amount set aside for said project. The Secretary
of the Interior may, in his discretion, from time
to time, make payments on said project as the
same progresses; but these payments, including
previous payments, if any, shall not be more
than the United States’ pro rata share of the
project in conformity with said plans and specifications. If a State has elected to avail itself of
the benefits of this chapter by preparing a comprehensive fish and wildlife plan as provided for
under option (1) of subsection (a) of section 777e
of this title, and this plan has been approved by
the Secretary of the Interior, then the Secretary
may, in his discretion, and under such rules and
regulations, as he may prescribe, advance funds
to the State for financing the United States’ pro
rata share agreed upon between the State fish
and game department and the Secretary.
(b) Construction work; joint payments
Any construction work and labor in each
State shall be performed in accordance with its
laws and under the direct supervision of the
State fish and game department, subject to the
inspection and approval of the Secretary of the
Interior and in accordance with the rules and
regulations made pursuant to this chapter. The
Secretary of the Interior and the State fish and
game department of each State may jointly determine at what times and in what amounts
payments shall be made under this chapter.
Such payments shall be made against the said
appropriation to such official or officials, or depository, as may be designated by the State fish
and game department and authorized under the
laws of the State to receive public funds of the
State.
(Aug. 9, 1950, ch. 658, § 7, 64 Stat. 433; Pub. L.
91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1103.)
AMENDMENTS
1970—Pub. L. 91–503 divided existing provisions into
subsecs. (a) and (b) and authorized advance payments
by the Secretary to the States for financing the United
States’ pro rata share of the comprehensive fish and
wildlife plan.
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.

§ 777g

TITLE 16—CONSERVATION

§ 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 to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the
States under section 777c(c) of this title.
(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

Page 1278

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 (a)(5) or
subsection (b) 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 Sec-

Page 1279

TITLE 16—CONSERVATION

retary 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, § 8, 64 Stat. 433; Pub. L.
91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1103;
Pub. L. 98–369, div. A, title X, § 1014(a)(6), July 18,
1984, 98 Stat. 1016; Pub. L. 102–587, title V,
§ 5604(b), Nov. 4, 1992, 106 Stat. 5088; Pub. L.
105–178, title VII, §§ 7402(c), 7404(b), June 9, 1998,
112 Stat. 484, 486; Pub. L. 105–206, title IX,
§ 9012(c), July 22, 1998, 112 Stat. 864; Pub. L.
109–59, title X, § 10114, Aug. 10, 2005, 119 Stat.
1928.)
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
2005—Subsec. (b)(2). Pub. L. 109–59, § 10114(1), substituted ‘‘to supplement the 57 percent of the balance of
each annual appropriation to be apportioned among the
States under section 777c(c) of this title’’ for ‘‘in carrying out the research program of the Fish and Wildlife
Service in respect to fish of material value for sport or
recreation’’.
Subsec. (d)(3). Pub. L. 109–59, § 10114(2), substituted
‘‘subsection (a)(5) or subsection (b)’’ for ‘‘subsection (c)
or (d)’’ in introductory provisions.
1998—Subsec. (b)(1). Pub. L. 105–178, § 7402(c)(1), which
directed the substitution of ‘‘15 percent’’ for ‘‘121⁄2 percentum’’ wherever appearing, was executed by making
the substitution for ‘‘121⁄2 per centum’’ to reflect the
probable intent of Congress.
Subsec. (c). Pub. L. 105–178, § 7402(c)(3), inserted ‘‘and
communications’’ after ‘‘outreach’’.
Pub. L. 105–178, § 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, § 7402(c)(4), added
subsecs. (d) and (e) and redesignated former subsec. (d)
as (f).
Subsec. (g). Pub. L. 105–178, § 7404(b), as amended by
Pub. L. 105–206, § 9012(c), added subsec. (g).
1992—Subsec. (b)(1). Pub. L. 102–587, § 5604(b)(1), substituted ‘‘121⁄2 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 121⁄2 per centum in a fiscal year, provided
that the total regional allocation averages 121⁄2 per centum over a 5 year period.’’
Subsec. (b)(2). Pub. L. 102–587, § 5604(b)(2), substituted
‘‘four fiscal years’’ for ‘‘fiscal year’’ after first reference to ‘‘succeeding’’ and ‘‘period’’ for second reference to ‘‘succeeding fiscal year’’.

§ 777g–1

Subsec. (c). Pub. L. 102–587, § 5604(b)(3), inserted ‘‘and
outreach’’ after ‘‘education’’.
Subsec. (d). Pub. L. 102–587, § 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 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsecs.
(b)(2) and (d)(3) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.
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.

§ 777g–1. Boating infrastructure
(a) Purpose
The purpose of this section is to provide funds
to States for the development and maintenance
of facilities for transient nontrailerable recreational vessels.
(b) Omitted
(c) Plan
Within 6 months after submitting a survey to
the Secretary under section 777g(g) of this title,
a State may develop and submit to the Secretary a plan for the construction, renovation,
and maintenance of facilities for transient
nontrailerable recreational vessels, and access
to those facilities, to meet the needs of
nontrailerable recreational vessels operating on
navigable waters in the State.
(d) Grant program
(1) Matching grants
The Secretary of the Interior shall obligate
amounts made available under section
777c(a)(4) of this title to make grants to any
State to pay not more than 75 percent of the
cost to a State of constructing, renovating, or
maintaining
facilities
for
transient
nontrailerable recreational vessels.
(2) Priorities
In awarding grants under paragraph (1), the
Secretary shall give priority to projects that—
(A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in
accordance with a plan submitted by a State
under subsection (c) of this section;

§ 777h

TITLE 16—CONSERVATION

(B) provide for public/private partnership
efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels; and
(C) propose innovative ways to increase
the availability of facilities for transient
nontrailerable recreational vessels.
(e) Definitions
For purposes of this section, the term—
(1) ‘‘nontrailerable recreational vessel’’
means a recreational vessel 26 feet in length or
longer—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another
for the latter’s pleasure;
(2) ‘‘facilities for transient nontrailerable
recreational vessels’’ includes mooring buoys,
day-docks, navigational aids, seasonal slips,
safe harbors, or similar structures located on
navigable waters, that are available to the
general public (as determined by the Secretary
of the Interior) and designed for temporary
use by nontrailerable recreational vessels; and
(3) ‘‘State’’ means each of the several States
of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(Pub. L. 105–178, title VII, § 7404, June 9, 1998, 112
Stat. 486; Pub. L. 105–206, title IX, § 9012(c), July
22, 1998, 112 Stat. 864; Pub. L. 109–59, title X,
§ 10115, Aug. 10, 2005, 119 Stat. 1928.)
CODIFICATION
Section is comprised of section 7404 of Pub. L. 105–178.
Subsec. (b) of section 7404 of Pub. L. 105–178, as amended by Pub. L. 105–206, § 9012(c), amended section 777g of
this title.
Section was enacted as part of the Sportfishing and
Boating Safety Act of 1998, and also as part of the
Transportation Equity Act for the 21st Century, and
not as part of the Fish Restoration and Management
Projects Act which comprises this chapter.
AMENDMENTS
2005—Subsec. (d)(1). Pub. L. 109–59 substituted ‘‘section 777c(a)(4) of this title’’ for ‘‘section 777c(b)(3)(B) of
this title’’.
1998—Subsec. (b). Pub. L. 105–206, § 9012(c), made a
technical amendment to directory language of Pub. L.
105–178, § 7404(b). See Codification note above.
EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsec.
(d)(1) of this section considered to read as immediately
before enactment of Pub. L. 109–59, see section 101(b) of
Pub. L. 109–74, set out as a note under section 777b of
this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.
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.

Page 1280

§ 777h. Requirements and restrictions concerning
use of amounts for expenses for administration
(a) Authorized expenses for administration
Except as provided in subsection (b) of this
section, the Secretary of the Interior may use
available amounts under section 777c(b) of this
title only for expenses for administration that
directly support the implementation of this
chapter that consist of—
(1) personnel costs of employees who directly
administer this chapter on a full-time basis;
(2) personnel costs of employees who directly
administer this chapter on a part-time basis
for at least 20 hours each week, not to exceed
the portion of those costs incurred with respect to the work hours of the employee during which the employee directly administers
this chapter, as those hours are certified by
the supervisor of the employee;
(3) support costs directly associated with
personnel costs authorized under paragraphs
(1) and (2), excluding costs associated with
staffing and operation of regional offices of
the United States Fish and Wildlife Service
and the Department of the Interior other than
for the purposes of this chapter;
(4) costs of determining under section 777e(a)
of this title whether State comprehensive
plans and projects are substantial in character
and design;
(5) overhead costs, including the costs of
general administrative services, that are directly attributable to administration of this
chapter and are based on—
(A) actual costs, as determined by a direct
cost allocation methodology approved by the
Director of the Office of Management and
Budget for use by Federal agencies; and
(B) in the case of costs that are not determinable under subparagraph (A), an amount
per full-time equivalent employee authorized under paragraphs (1) and (2) that does
not exceed the amount charged or assessed
for costs per full-time equivalent employee
for any other division or program of the
United States Fish and Wildlife Service;
(6) costs incurred in auditing, every 5 years,
the wildlife and sport fish activities of each
State fish and game department and the use of
funds under section 777e of this title by each
State fish and game department;
(7) costs of audits under subsection (d) of
this section;
(8) costs of necessary training of Federal and
State full-time personnel who administer this
chapter to improve administration of this
chapter;
(9) costs of travel to States, territories, and
Canada by personnel who—
(A) administer this chapter on a full-time
basis for purposes directly related to administration of State programs or projects; or
(B) administer grants under section 777e or
777m of this title;
(10) costs of travel outside the United States
(except travel to Canada), by personnel who
administer this chapter on a full-time basis,
for purposes that directly relate to adminis-

Page 1281

§ 777i

TITLE 16—CONSERVATION

tration of this chapter and that are approved
directly by the Assistant Secretary for Fish
and Wildlife and Parks;
(11) relocation expenses for personnel who,
after relocation, will administer this chapter
on a full-time basis for at least 1 year, as certified by the Director of the United States
Fish and Wildlife Service at the time at which
the relocation expenses are incurred; and
(12) costs to audit, evaluate, approve, disapprove, and advise concerning grants under
sections 777e and 777m of this title.
(b) Reporting of other uses
(1) In general
Subject to paragraph (2), if the Secretary of
the Interior determines that available
amounts under section 777c(b) of this title
should be used for an expense for administration other than an expense for administration
described in subsection (a) of this section, the
Secretary—
(A) shall submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources of the
House of Representatives a report describing
the expense for administration and stating
the amount of the expense; and
(B) may use any such available amounts
for the expense for administration only after
the end of the 30-day period beginning on the
date of submission of the report under subparagraph (A).
(2) Maximum amount
For any fiscal year, the Secretary of the Interior may use under paragraph (1) not more
than $25,000.
(c) Restriction on use to supplement general appropriations
The Secretary of the Interior shall not use
available amounts under subsection (b) of this
section to supplement the funding of any function for which general appropriations are made
for the United States Fish and Wildlife Service
or any other entity of the Department of the Interior.
(d) Audit requirement
(1) In general
The Inspector General of the Department of
the Interior shall procure the performance of
biennial audits, in accordance with generally
accepted accounting principles, of expenditures and obligations of amounts used by the
Secretary of the Interior for expenses for administration incurred in implementation of
this chapter.
(2) Auditor
(A) In general
An audit under this subsection shall be
performed under a contract that is awarded
under competitive procedures (as defined in
section 132 of title 41) by a person or entity
that is not associated in any way with the
Department of the Interior (except by way of
a contract for the performance of an audit or
other review).
(B) Supervision of auditor
The auditor selected under subparagraph
(A) shall report to, and be supervised by, the

Inspector General of the Department of the
Interior, except that the auditor shall submit a copy of the biennial audit findings to
the Secretary of the Interior at the time at
which the findings are submitted to the Inspector General of the Department of the Interior.
(3) Report to Congress
The Inspector General of the Department of
the Interior shall promptly submit to the
Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate—
(A) a report on the results of each audit
under this subsection; and
(B) a copy of each audit under this subsection.
(Aug. 9, 1950, ch. 658, § 9, 64 Stat. 433; Pub. L.
106–408, title I, § 121(b), Nov. 1, 2000, 114 Stat. 1770;
Pub. L. 109–59, title X, § 10116, Aug. 10, 2005, 119
Stat. 1929.)
CODIFICATION
In subsec. (d)(2)(A), ‘‘section 132 of title 41’’ substituted for ‘‘section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)’’ on authority of Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
2005—Subsecs. (a), (b)(1). Pub. L. 109–59 substituted
‘‘section 777c(b)’’ for ‘‘section 777c(d)(1)’’ in introductory provisions.
2000—Pub. L. 106–408 amended section generally. Prior
to amendment, section read as follows: ‘‘Out of the deductions set aside for administering and executing this
chapter the Secretary of the Interior is authorized to
employ such assistants, clerks, and other persons in
the District of Columbia and elsewhere, to be taken
from the eligible lists of the civil service; to rent or
construct buildings outside of the District of Columbia;
to purchase such supplies, materials, equipment, office
fixtures, and apparatus; and to incur such travel and
other expenses, including publication of technical and
administrative reports, purchase, maintenance, and
hire of passenger-carrying motor vehicles, as he may
deem necessary for carrying out the provisions of this
chapter.’’
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsecs.
(a) and (b)(1) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.

§ 777i. Rules and regulations
The Secretary of the Interior is authorized to
make rules and regulations for carrying out the
provisions of this chapter.
(Aug. 9, 1950, ch. 658, § 10, 64 Stat. 434.)
TRANSFER OF FUNCTIONS
Transfer of functions to Secretary of Commerce from
Secretary of the Interior by Reorg. Plan No. 4 of 1970,

§ 777j

TITLE 16—CONSERVATION

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set
out under section 777 of this title.

§ 777j. Repealed. Pub. L. 89–348, § 1(14), Nov. 8,
1965, 79 Stat. 1311
Section, act Aug. 9, 1950, ch. 658, § 11, 64 Stat. 434, required the Secretary of the Interior to make an annual
report to the Congress giving detailed information as
to the projects established under this chapter and expenditures therefor.

§ 777k. Payments of funds to and cooperation
with Puerto Rico, the District of Columbia,
Guam, American Samoa, Commonwealth of
the Northern Mariana Islands, and Virgin Islands
The Secretary of the Interior is authorized to
cooperate with the Secretary of Agriculture of
Puerto Rico, the Mayor of the District of Columbia, the Governor of Guam, the Governor of
American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the
Governor of the Virgin Islands, in the conduct of
fish restoration and management projects, as
defined in section 777a of this title, upon such
terms and conditions as he shall deem fair, just,
and equitable, and is authorized to apportion to
Puerto Rico, the District of Columbia, Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands, out of money available for apportionment
under this chapter, such sums as he shall determine, not exceeding for Puerto Rico 1 per centum, for the District of Columbia one-third of 1
per centum, for Guam one-third of 1 per centum,
for American Samoa one-third of 1 per centum,
for the Commonwealth of the Northern Mariana
Islands one-third of 1 per centum, and for the
Virgin Islands one-third of 1 per centum of the
total amount apportioned in any one year, but
the Secretary shall in no event require any of
said cooperating agencies to pay an amount
which will exceed 25 per centum of the cost of
any project. Any unexpended or unobligated balance of any apportionment made pursuant to
this section shall be made available for expenditure in Puerto Rico, the District of Columbia,
Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case
may be, in the succeeding year, on any approved
projects, and if unexpended or unobligated at
the end of such year is authorized to be made
available for expenditure by the Secretary of the
Interior to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(b) of
this title.
(Aug. 9, 1950, ch. 658, § 12, 64 Stat. 434; July 2,
1956, ch. 489, § 4, 70 Stat. 473; Aug. 1, 1956, ch. 852,
§ 8, 70 Stat. 908; Pub. L. 86–70, § 16, June 25, 1959,
73 Stat. 143; Pub. L. 91–503, title II, § 203, Oct. 23,
1970, 84 Stat. 1103; Pub. L. 96–597, title III,
§ 302(a), Dec. 24, 1980, 94 Stat. 3477; Pub. L. 98–369,
div. A, title X, § 1014(a)(7), July 18, 1984, 98 Stat.
1016; Pub. L. 109–59, title X, § 10117, Aug. 10, 2005,
119 Stat. 1929.)
AMENDMENTS
2005—Pub. L. 109–59 substituted ‘‘to supplement the 57
percent of the balance of each annual appropriation to
be apportioned among the States under section 777c(b)

Page 1282

of this title’’ for ‘‘in carrying on the research program
of the Fish and Wildlife Service in respect to fish of
material value for sport or recreation’’ before period at
end.
1984—Pub. L. 98–369 inserted ‘‘the Mayor of the District of Columbia,’’ after ‘‘the Secretary of Agriculture
of Puerto Rico,’’, ‘‘for the District of Columbia onethird of 1 per centum,’’ after ‘‘for Puerto Rico 1 per
centum,’’ and ‘‘the District of Columbia,’’ after ‘‘Puerto Rico,’’ in two places.
1980—Pub. L. 96–597 inserted references to the Governor and the Commonwealth of the Northern Mariana
Islands.
1970—Pub. L. 91–503 substituted ‘‘Secretary of Agriculture of Puerto Rico’’ for ‘‘Commissioner of Agriculture and Commerce of Puerto Rico’’, added American Samoa to the list of recipients, and substituted
maximum limits of apportionment of one percent for
Puerto Rico, one-third of one percent for Guam, onethird of one percent for American Samoa and one-third
of one percent for Virgin Islands for maximum limit of
$10,000 for Puerto Rico, Guam and Virgin Islands together.
1959—Pub. L. 86–70 struck out provisions which authorized cooperation with the Alaska Game Commission and permitted apportionment of not more than
$75,000 in any one year to the Territory of Alaska.
1956—Act Aug. 1, 1956, inserted ‘‘the Governor of
Guam’’ after ‘‘Commissioner of Agriculture and Commerce of Puerto Rico,’’ and ‘‘Guam’’ after ‘‘Puerto
Rico’’ in three remaining places those words appear.
Act July 2, 1956, struck out provisions which authorized the Secretary to cooperate with the Division of
Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, struck out limitation
of $25,000 on the amount of funds which could be apportioned to Hawaii in any one year, and substituted ‘‘Territory of Alaska’’ for ‘‘Territories’’ in two places.
EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, section
considered to read as immediately before enactment of
Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set
out as a note under section 777b of this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.
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.
EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 2, 1956, as applicable only
with respect to fiscal years beginning after July 2, 1956,
see section 5 of act July 2, 1956, set out as a note under
section 669a 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.

§ 777l. State use of contributions
A State may use contributions of funds, real
property, materials, and services to carry out an
activity under this chapter in lieu of payment
by the State of the State share of the cost of
such activity. Such a State share shall be considered to be paid in an amount equal to the fair
market value of any contribution so used.
(Aug. 9, 1950, ch. 658, § 13, as added Pub. L.
100–448, § 6(c)(2), Sept. 28, 1988, 102 Stat. 1841.)

Page 1283

TITLE 16—CONSERVATION
CODIFICATION

Another section 13 of act Aug. 9, 1950, ch. 658, which
was classified as a note under section 777 of this title,
was repealed by Pub. L. 106–408, title I, § 122(a)(1), Nov.
1, 2000, 114 Stat. 1772.
EFFECTIVE DATE
Section effective Oct. 1, 1988, see section 6(e) of Pub.
L. 100–448, set out as an Effective Date of 1988 Amendment note under section 777 of this title.

§ 777m. Multistate conservation grant program
(a) In general
(1) Amount for grants
Not more than $3,000,000 of each annual appropriation made in accordance with the provisions of section 777b of this title shall be distributed to the Secretary of the Interior for
making
multistate
conservation
project
grants in accordance with this section.
(2) Period of availability; apportionment
(A) Period of availability
Amounts made available under paragraph
(1) shall remain available for making grants
only for the first fiscal year for which the
amount is made available and the following
fiscal year.
(B) Apportionment
At the end of the period of availability
under subparagraph (A), the Secretary of the
Interior shall apportion any amounts that
remain available among the States in the
manner specified in section 777c(c) of this
title for use by the States in the same manner as funds apportioned under section
777c(c) of this title.
(b) Selection of projects
(1) States or entities to be benefited
A project shall not be eligible for a grant
under this section unless the project will benefit—
(A) at least 26 States;
(B) a majority of the States in a region of
the United States Fish and Wildlife Service;
or
(C) a regional association of State fish and
game departments.
(2) Use of submitted priority list of projects
The Secretary of the Interior may make
grants under this section only for projects
identified on a priority list of sport fish restoration projects described in paragraph (3).
(3) Priority list of projects
A priority list referred to in paragraph (2) is
a priority list of sport fish restoration projects
that the International Association of Fish and
Wildlife Agencies—
(A) prepares through a committee comprised of the heads of State fish and game
departments (or their designees), in consultation with—
(i) nongovernmental organizations that
represent conservation organizations;
(ii) sportsmen organizations; and
(iii) industries that fund the sport fish
restoration programs under this chapter;

§ 777m

(B) approves by vote of a majority of the
heads of State fish and game departments
(or their designees); and
(C) not later than October 1 of each fiscal
year, submits to the Assistant Director for
Wildlife and Sport Fish Restoration Programs.
(4) Publication
The Assistant Director for Wildlife and
Sport Fish Restoration Programs shall publish
in the Federal Register each priority list submitted under paragraph (3)(C).
(c) Eligible grantees
(1) In general
The Secretary of the Interior may make a
grant under this section only to—
(A) a State or group of States;
(B) the United States Fish and Wildlife
Service, or a State or group of States, for
the purpose of carrying out the National
Survey of Fishing, Hunting, and Wildlife-Associated Recreation; and
(C) subject to paragraph (2), a nongovernmental organization.
(2) Nongovernmental organizations
(A) In general
Any nongovernmental organization that
applies for a grant under this section shall
submit with the application to the International Association of Fish and Wildlife
Agencies a certification that the organization—
(i) will not use the grant funds to fund,
in whole or in part, any activity of the organization that promotes or encourages
opposition to the regulated taking of fish;
and
(ii) will use the grant funds in compliance with subsection (d) of this section.
(B) Penalties for certain activities
Any nongovernmental organization that is
found to use grant funds in violation of subparagraph (A) shall return all funds received
under this section and be subject to any
other applicable penalties under law.
(d) Use of grants
A grant under this section shall not be used, in
whole or in part, for an activity, project, or program that promotes or encourages opposition to
the regulated taking of fish.
(e) Funding for other activities
Of amounts made available under section
777c(b) of this title for each fiscal year—
(1) $200,000 shall be made available for each
of—
(A) the Atlantic States Marine Fisheries
Commission;
(B) the Gulf States Marine Fisheries Commission;
(C) the Pacific States Marine Fisheries
Commission; and
(D) the Great Lakes Fisheries Commission;
and
(2) $400,000 shall be made available for the
Sport Fishing and Boating Partnership Council established by the United States Fish and
Wildlife Service.

§ 777n

TITLE 16—CONSERVATION

(f) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to any activity carried out
under this section.
(Aug. 9, 1950, ch. 658, § 14, as added Pub. L.
106–408, title I, § 122(a), Nov. 1, 2000, 114 Stat. 1772;
amended Pub. L. 109–59, title X, § 10118, Aug. 10,
2005, 119 Stat. 1929; Pub. L. 109–241, title IX,
§ 901(r)(2), July 11, 2006, 120 Stat. 566; Pub. L.
111–281, title IX, § 903(a)(3), Oct. 15, 2010, 124 Stat.
3010.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
AMENDMENTS
2010—Subsec. (a)(1). Pub. L. 111–281 made technical
correction to directory language of Pub. L. 109–241,
§ 901(r)(2). See 2006 Amendment note below.
2006—Subsec. (a)(1). Pub. L. 109–241, § 901(r)(2), as
amended by Pub. L. 111–281, substituted ‘‘Not more
than’’ for ‘‘For each of fiscal years 2006 through 2009,
not more than’’.
2005—Subsec. (a)(1). Pub. L. 109–59, § 10118(1), reenacted subsec. (a) and par. (1) headings without change
and amended text of par. (1) generally. Prior to amendment, text read as follows: ‘‘Of the balance of each annual appropriation made under section 777b of this title
remaining after the distribution and use under subsections (a), (b), and (c) of section 777c of this title in
a fiscal year, not more than $3,000,000 shall be available
to the Secretary of the Interior for making multistate
conservation project grants in accordance with this
section.’’
Subsec. (a)(2)(B). Pub. L. 109–59, § 10118(2), substituted
‘‘section 777c(c)’’ for ‘‘section 777c(e)’’ in two places.
Subsec. (e). Pub. L. 109–59, § 10118(3), added introductory provisions and struck out former introductory
provisions which read as follows: ‘‘Of the balance of
each annual appropriation made under section 777b of
this title remaining after the distribution and use
under subsections (a), (b), and (c) of section 777c of this
title for each fiscal year and after deducting amounts
used for grants under subsection (a) of this section—’’.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat.
3010, provided that the amendment by section 903(a)(3)
is effective with enactment of Pub. L. 109–241.
EFFECTIVE DATE OF 2005 AMENDMENTS
From Aug. 10, 2005, to end of fiscal year 2005, subsecs.
(a)(1), (2)(B) and (e) of this section considered to read as
immediately before enactment of Pub. L. 109–59, see
section 101(b) of Pub. L. 109–74, set out as a note under
section 777b of this title.
Amendment by Pub. L. 109–59 effective Oct. 1, 2005,
see section 10102 of Pub. L. 109–59, set out as a note
under section 777b of this title.

§ 777n. Expenditure of remaining balance in Boat
Safety Account
Amounts remaining in the Boat Safety Account on October 1, 2005, and amounts thereafter
credited to the Account under section 9602(b) of
title 26, shall be available, without further appropriation, for making expenditures before October 1, 2010, to carry out the purposes of this
section and shall be distributed as follows:
(1) In fiscal year 2006, $28,155,000 shall be distributed—

Page 1284

(A) under section 777c of this title in the
following manner:
(i) $11,200,000 to be added to funds available under subsection (a)(2) of that section;
(ii) $1,245,000 to be added to funds available under subsection (a)(3) of that section;
(iii) $1,245,000 to be added to funds available under subsection (a)(4) of that section;
(iv) $1,245,000 to be added to funds available under subsection (a)(5) of that section; and
(v) $12,800,000 to be added to funds available under subsection (c) of that section;
and
(B) under section 777m of this title,
$420,000, to be added to funds available under
subsection (a)(1) of that section.
(2) In fiscal year 2007, $22,419,000 shall be distributed—
(A) under section 777c of this title in the
following manner:
(i) $8,075,000 to be added to funds available under subsection (a)(2) of that section;
(ii) $713,000 to be added to funds available
under subsection (a)(3) of that section;
(iii) $713,000 to be added to funds available under subsection (a)(4) of that section;
(iv) $713,000 to be added to funds available under subsection (a)(5) of that section; and
(v) $11,925,000 to be added to funds available under subsection (c) of that section;
and
(B) under section 777m of this title, $280,000
to be added to funds available under subsection (a)(1) of that section.
(3) In fiscal year 2008, $17,139,000 shall be distributed—
(A) under section 777c of this title in the
following manner:
(i) $6,800,000 to be added to funds available under subsection (a)(2) of that section;
(ii) $333,000 to be added to funds available
under subsection (a)(3) of that section;
(iii) $333,000 to be added to funds available under subsection (a)(4) of that section;
(iv) $333,000 to be added to funds available under subsection (a)(5) of that section; and
(v) $9,200,000 to be added to funds available under subsection (c) of that section;
and
(B) under section 777m of this title,
$140,000, to be added to funds available under
subsection (a)(1) of that section.
(4) In fiscal year 2009, $12,287,000 shall be distributed—
(A) under section 777c of this title in the
following manner:
(i) $5,100,000 to be added to funds available under subsection (a)(2) of that section;

Page 1285

(ii) $48,000 to be added to funds available
under subsection (a)(3) of that section;
(iii) $48,000 to be added to funds available
under subsection (a)(4) of that section;
(iv) $48,000 to be added to funds available
under subsection (a)(5) of that section; and
(v) $6,900,000 to be added to funds available under subsection (c) of that section;
and
(B) under section 777m of this title,
$143,000, to be added to funds available under
subsection (a)(1) of that section.
(5) In fiscal year 2010, all remaining funds in
the Account shall be distributed under section
777c of this title in the following manner:
(A) one-third to be added to funds available under subsection (a)(2) of that section;
and
(B) two-thirds to be added to funds available under subsection (c) of that section.
(Aug. 9, 1950, ch. 658, § 15, as added Pub. L. 109–59,
title X, § 10119, Aug. 10, 2005, 119 Stat. 1929;
amended Pub. L. 109–74, title I, § 103, Sept. 29,
2005, 119 Stat. 2031.)
CODIFICATION
The amendments by Pub. L. 109–74 were directed to
section 10119 of Pub. L. 109–59 ‘‘in the text proposed to
be inserted as section 15 of the Dingell-Johnson Sport
Fish Restoration Act’’ (this section). Those amendments were effective on enactment of Pub. L. 109–74
(Sept. 29, 2005) and were incorporated into the text of
this section when it became effective on Oct. 1, 2005.
See Effective Date notes below.
PRIOR PROVISIONS
A prior section 15 of act Aug. 9, 1950, was renumbered
section 16 and is set out as a note under section 777 of
this title.
AMENDMENTS
2005—Par. (1)(A)(v). Pub. L. 109–74, § 103(2), substituted
‘‘subsection (c) of that section’’ for ‘‘subsection (b) of
that section’’.
Par. (2)(A)(v). Pub. L. 109–74, § 103(1), (2), substituted
‘‘subsection (c) of that section’’ for ‘‘subsection (b) of
this Act’’.
Pars. (3)(A)(v), (4)(A)(v). Pub. L. 109–74, § 103(2), substituted ‘‘subsection (c) of that section’’ for ‘‘subsection (b) of that section’’.
Par. (5)(A). Pub. L. 109–74, § 103(3)(A), substituted
‘‘subsection (a)(2) of that section’’ for ‘‘subsection (b)’’.
Par. (5)(B). Pub. L. 109–74, § 103(3)(B), substituted
‘‘subsection (c) of that section’’ for ‘‘subsection (h)’’.
EFFECTIVE DATE
From Aug. 10, 2005, to the end of fiscal year 2005, the
provisions of law amended by section 10119 of Pub. L.
109–59, which added section 15 (this section) to the Dingell-Johnson Sport Fish Restoration Act, to be considered to read as immediately before enactment of Pub.
L. 109–59, see section 101(b) of Pub. L. 109–74, set out as
an Effective Date of 2005 Amendment note under section 777b of this title.
Section effective Oct. 1, 2005, see section 10102 of Pub.
L. 109–59, set out as an Effective Date of 2005 Amendments note under section 777b of this title.

CHAPTER 10C—FISH RESEARCH AND
EXPERIMENTATION PROGRAM
Sec.

778.

§ 778a

TITLE 16—CONSERVATION

Establishment of experiment stations; purpose of research.

Sec.

778a.

Acquisition of lands; construction of buildings; employment of personnel; cooperation
with other agencies; publication of results.
778b.
Cooperation with Secretary of the Interior.
778c.
Authorization of appropriations.
778d to 778h. Omitted.

§ 778. Establishment of experiment stations; purpose of research
The Secretary of Agriculture shall establish 1
or more centers for the purpose of carrying on a
program of research and experimentation—
(1) to determine species of fishes most suitable for culture on a commercial basis in shallow reservoirs and flooded rice lands;
(2) to determine methods for production of
fingerling fishes for stocking in commercial
reservoirs;
(3) to develop methods for the control of
parasites and diseases of brood fishes and of
fingerlings prior to stocking;
(4) to develop economical methods for raising the more desirable species of fishes to a
marketable size;
(5) to determine, in cooperation with the
Secretary of the Interior, the effects of fishrice rotations, including crops other than rice
commonly grown on rice farms, upon both the
fish and other crops; and
(6) to develop suitable methods for harvesting the fish crop and preparing it for marketing, including a study of sport fishing as a
means of such harvest.
(Pub. L. 85–342, § 1, Mar. 15, 1958, 72 Stat. 35; Pub.
L. 104–127, title VIII, § 889(a)(1), Apr. 4, 1996, 110
Stat. 1180.)
AMENDMENTS
1996—Pub. L. 104–127, in introductory provisions, substituted ‘‘Secretary of Agriculture shall’’ for ‘‘Secretary of the Interior is authorized and directed to’’
and ‘‘1 or more centers’’ for ‘‘an experiment station or
stations’’ and, in par. (5), substituted ‘‘Secretary of the
Interior’’ for ‘‘Department of Agriculture’’.

§ 778a. Acquisition of lands; construction of
buildings; employment of personnel; cooperation with other agencies; publication of results
For the purpose of carrying out the provisions
of this chapter, the Secretary of Agriculture is
authorized (1) to acquire by purchase, condemnation, or otherwise such suitable lands, to
construct such buildings, to acquire such equipment and apparatus, and to employ such officers
and employees as he deems necessary; (2) to cooperate with State and other institutions and
agencies upon such terms and conditions as he
determines to be appropriate; and (3) to make
public the results of such research and experiments conducted pursuant to section 778 of this
title.
(Pub. L. 85–342, § 2, Mar. 15, 1958, 72 Stat. 35; Pub.
L. 104–127, title VIII, § 889(a)(2), Apr. 4, 1996, 110
Stat. 1180.)
AMENDMENTS
1996—Pub. L. 104–127 substituted ‘‘the Secretary of
Agriculture is authorized’’ for ‘‘the Secretary of the Interior is authorized’’.