
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC777]

 
                         TITLE 16--CONSERVATION
 
          CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
 
Sec. 777. Federal-State relationships


(a) Cooperation between Federal Government and State fish and game 
        departments; expenditure of funds

    The Secretary of the Interior is authorized and directed to 
cooperate with the States through their respective State fish and game 
departments in fish restoration and management projects as hereinafter 
set forth: No money apportioned under this chapter to any State, except 
as hereinafter provided, shall be expended therein until its 
legislature, or other State agency authorized by the State constitution 
to make laws governing the conservation of fish, shall have assented to 
the provisions of this chapter and shall have passed laws for the 
conservation of fish, which shall include a prohibition against the 
diversion of license fees paid by fishermen for any other purpose than 
the administration of said State fish and game department, except that, 
until the final adjournment of the first regular session of the 
legislature held after passage of this chapter, the assent of the 
governor of the State shall be sufficient. The Secretary of the Interior 
and the State fish and game department of each State accepting the 
benefits of this chapter shall agree upon the fish restoration and 
management projects to be aided in such State under the terms of this 
chapter, and all projects shall conform to the standards fixed by the 
Secretary of the Interior.

(b) Allocation of amounts by coastal States between marine fish projects 
        and freshwater fish projects

                           (1) In general

        Subject to paragraph (2), each coastal State, to the extent 
    practicable, shall equitably allocate amounts apportioned to such 
    State under this chapter between marine fish projects and freshwater 
    fish projects in the same proportion as the estimated number of 
    resident marine anglers and the estimated number of resident 
    freshwater anglers, respectively, bear to the estimated number of 
    all resident anglers in that State.

     (2) Preservation of freshwater project allocation at 1988 
                                    level

        (A) Subject to subparagraph (B), the amount allocated by a State 
    pursuant to this subsection to freshwater fish projects for each 
    fiscal year shall not be less than the amount allocated by such 
    State to such projects for fiscal year 1988.
        (B) Subparagraph (A) shall not apply to a State with respect to 
    any fiscal year for which the amount apportioned to the State under 
    this chapter is less than the amount apportioned to the State under 
    this chapter for fiscal year 1988.

                    (3) ``Coastal State'' defined

        As used in this subsection, the term ``coastal State'' means any 
    one of the States of Alabama, Alaska, California, Connecticut, 
    Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, 
    Massachusetts, Mississippi, New Hampshire, New Jersey, New York, 
    North Carolina, Oregon, Rhode Island, South Carolina, Texas, 
    Virginia, and Washington. The term also includes the Commonwealth of 
    Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 
    and the Commonwealth of the Northern Mariana Islands.

(Aug. 9, 1950, ch. 658, Sec. 1, 64 Stat. 430; Pub. L. 98-369, div. A, 
title X, Sec. 1014(a)(1), July 18, 1984, 98 Stat. 1015; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-448, Sec. 6(c)(1), 
Sept. 28, 1988, 102 Stat. 1840.)


                               Amendments

    1988--Subsec. (b). Pub. L. 100-448 substituted ``Allocation of 
amounts by coastal States between marine fish projects and freshwater 
fish projects'' for ``Allocation of funds by coastal States; formula; 
`coastal State' defined'' in heading and amended text generally. Prior 
to amendment, text read as follows: ``Each coastal State, to the extent 
practicable, shall equitably allocate the following sums between marine 
fish projects and freshwater fish projects in the same proportion as the 
estimated number of resident marine anglers and the estimated number of 
resident freshwater anglers, respectively, bear to the estimated number 
of all resident anglers in that State:
        ``(1) The additional sums apportioned to such State under this 
    chapter as a result of the taxes imposed by the amendments made by 
    section 1015 of the Tax Reform Act of 1984 on items not taxed under 
    section 4161(a) of title 26 before October 1, 1984.
        ``(2) The sums apportioned to such State under this chapter that 
    are not attributable to any tax imposed by such section 4161(a).
As used in this subsection, the term `coastal State' means any one of 
the States of Alabama, Alaska, California, Connecticut, Delaware, 
Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, 
Mississippi, New Hampshire, New Jersey, New York, North Carolina, 
Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington. 
The term also includes the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Marianas.''
    1986--Subsec. (b)(1). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.
    1984--Pub. L. 98-369 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1988 Amendment

    Section 6(e) of Pub. L. 100-448 provided that: ``This section 
[enacting section 777l of this title, amending this section, sections 
9503 and 9504 of Title 26, Internal Revenue Code, and sections 13102 and 
13106 of Title 46, Shipping, enacting provisions set out as a note under 
section 13101 of Title 46, and repealing provisions set out as a note 
under section 13103 of Title 46] shall take effect October 1, 1988.''


                    Effective Date of 1984 Amendment

    Section 1014(b) of Pub. L. 98-369 provided that: ``The amendments 
made by subsection (a) [amending this section and sections 777b, 777c to 
777e, 777g, and 777k of this title] shall take effect on October 1, 
1984, and shall apply with respect to fiscal years beginning after 
September 30, 1984.''


                             Effective Date

    Section 13 of act Aug. 9, 1950, which provided that the effective 
date of this chapter was July 1, 1950, was repealed by Pub. L. 106-408, 
title I, Sec. 122(a)(1), Nov. 1, 2000, 114 Stat. 1772.


                      Short Title of 1998 Amendment

    Pub. L. 105-178, title VII, Sec. 7401(a), June 9, 1998, 112 Stat. 
482, provided that: ``This subtitle [subtitle D (Secs. 7401-7405) of 
title VII of Pub. L. 105-178, enacting section 777g-1 of this title and 
amending sections 777a, 777c, and 777g of this title and sections 13104 
and 13106 of Title 46, Shipping] may be cited as the `Sportfishing and 
Boating Safety Act of 1998'.''


                      Short Title of 1970 Amendment

    Section 204 of title II of Pub. L. 91-503, Oct. 23, 1970, 84 Stat. 
1104, provided that: ``This title [amending sections 777c, 777e to 777g, 
and 777k of this title] may be cited as the `Federal Aid in Fish 
Restoration Act Amendments of 1970'.''


                               Short Title

    Act Aug. 9, 1950, ch. 658, Sec. 15, as added by Pub. L. 106-408, 
title I, Sec. 101(c), Nov. 1, 2000, 114 Stat. 1763, provided that: 
``This Act [enacting this chapter] may be cited as the `Dingell-Johnson 
Sport Fish Restoration Act'.''
    Act Aug. 9, 1950, ch. 658, as amended, is also popularly known as 
the ``Federal Aid in Fish Restoration Act'' and the ``Fish Restoration 
and Management Projects Act''.

                          Transfer of Functions

    Transfer of functions to Secretary of Commerce from Secretary of the 
Interior in view of: creation of National Oceanic and Atmospheric 
Administration in Department of Commerce and Office of Administrator of 
such Administration; abolition of Bureau of Commercial Fisheries in 
Department of the Interior and Office of Director of such Bureau; 
transfers of functions, including functions formerly vested by law in 
Secretary of the Interior or Department of the Interior which were 
administered through Bureau of Commercial Fisheries or were primarily 
related to such Bureau, exclusive of certain enumerated functions with 
respect to Great Lakes fishery research, Missouri River Reservoir 
research, Gulf-Breeze Biological Laboratory, and Trans-Alaska pipeline 
investigations; and transfer of marine sport fish program of Bureau of 
Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 
1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, 
Government Organization and Employees.


             Fisheries Restoration and Irrigation Mitigation

    Pub. L. 106-502, Nov. 13, 2000, 114 Stat. 2294, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Fisheries Restoration and Irrigation 
Mitigation Act of 2000'.
``SEC. 2. DEFINITIONS.
    ``In this Act:
        ``(1) Pacific ocean drainage area.--The term `Pacific Ocean 
    drainage area' means the area comprised of portions of the States of 
    Oregon, Washington, Montana, and Idaho from which water drains into 
    the Pacific Ocean.
        ``(2) Program.--The term `Program' means the Fisheries 
    Restoration and Irrigation Mitigation Program established by section 
    3(a).
        ``(3) Secretary.--The term `Secretary' means the Secretary of 
    the Interior, acting through the Director of the United States Fish 
    and Wildlife Service.
``SEC. 3. ESTABLISHMENT OF THE PROGRAM.
    ``(a) Establishment.--There is established the Fisheries Restoration 
and Irrigation Mitigation Program within the Department of the Interior.
    ``(b) Goals.--The goals of the Program are--
        ``(1) to decrease fish mortality associated with the withdrawal 
    of water for irrigation and other purposes without impairing the 
    continued withdrawal of water for those purposes; and
        ``(2) to decrease the incidence of juvenile and adult fish 
    entering water supply systems.
    ``(c) Impacts on Fisheries.--
        ``(1) In general.--Under the Program, the Secretary, in 
    consultation with the heads of other appropriate agencies, shall 
    develop and implement projects to mitigate impacts to fisheries 
    resulting from the construction and operation of water diversions by 
    local governmental entities (including soil and water conservation 
    districts) in the Pacific Ocean drainage area.
        ``(2) Types of projects.--Projects eligible under the Program 
    may include--
            ``(A) the development, improvement, or installation of--
                ``(i) fish screens;
                ``(ii) fish passage devices; and
                ``(iii) other related features agreed to by non-Federal 
            interests, relevant Federal and tribal agencies, and 
            affected States; and
            ``(B) inventories by the States on the need and priority for 
        projects described in clauses (i) through (iii).
        ``(3) Priority.--The Secretary shall give priority to any 
    project that has a total cost of less than $5,000,000.
``SEC. 4. PARTICIPATION IN THE PROGRAM.
    ``(a) Non-Federal.--
        ``(1) In general.--Non-Federal participation in the Program 
    shall be voluntary.
        ``(2) Federal action.--The Secretary shall take no action that 
    would result in any non-Federal entity being held financially 
    responsible for any action under the Program, unless the entity 
    applies to participate in the Program.
    ``(b) Federal.--Development and implementation of projects under the 
Program on land or facilities owned by the United States shall be 
nonreimbursable Federal expenditures.
``SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.
    ``Evaluation and prioritization of projects for development under 
the Program shall be conducted on the basis of--
        ``(1) benefits to fish species native to the project area, 
    particularly to species that are listed as being, or considered by 
    Federal or State authorities to be, endangered, threatened, or 
    sensitive;
        ``(2) the size and type of water diversion;
        ``(3) the availability of other funding sources;
        ``(4) cost effectiveness; and
        ``(5) additional opportunities for biological or water delivery 
    system benefits.
``SEC. 6. ELIGIBILITY REQUIREMENTS.
    ``(a) In General.--A project carried out under the Program shall not 
be eligible for funding unless--
        ``(1) the project meets the requirements of the Secretary, as 
    applicable, and any applicable State requirements; and
        ``(2) the project is agreed to by all Federal and non-Federal 
    entities with authority and responsibility for the project.
    ``(b) Determination of Eligibility.--In determining the eligibility 
of a project under this Act, the Secretary shall--
        ``(1) consult with other Federal, State, tribal, and local 
    agencies; and
        ``(2) make maximum use of all available data.
``SEC. 7. COST SHARING.
    ``(a) Non-Federal Share.--The non-Federal share of the cost of 
development and implementation of any project under the Program on land 
or at a facility that is not owned by the United States shall be 35 
percent.
    ``(b) Non-Federal Contributions.--The non-Federal participants in 
any project under the Program on land or at a facility that is not owned 
by the United States shall provide all land, easements, rights-of-way, 
dredged material disposal areas, and relocations necessary for the 
project.
    ``(c) Credit for Contributions.--The value of land, easements, 
rights-of-way, dredged material disposal areas, and relocations provided 
under subsection (b) for a project shall be credited toward the non-
Federal share of the costs of the project.
    ``(d) Additional Costs.--
        ``(1) Non-federal responsibilities.--The non-Federal 
    participants in any project carried out under the Program on land or 
    at a facility that is not owned by the United States shall be 
    responsible for all costs associated with operating, maintaining, 
    repairing, rehabilitating, and replacing the project.
        ``(2) Federal responsibility.--The Federal Government shall be 
    responsible for costs referred to in paragraph (1) for projects 
    carried out on Federal land or at a Federal facility.
``SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.
    ``A project that receives funds under this Act shall be ineligible 
to receive Federal funds from any other source for the same purpose.
``SEC. 9. REPORT.
    ``On the expiration of the third fiscal year for which amounts are 
made available to carry out this Act, the Secretary shall submit to 
Congress a report describing--
        ``(1) the projects that have been completed under this Act;
        ``(2) the projects that will be completed with amounts made 
    available under this Act during the remaining fiscal years for which 
    amounts are authorized to be appropriated under section 10; and
        ``(3) recommended changes to the Program as a result of projects 
    that have been carried out under this Act.
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
    ``(a) In General.--There is authorized to be appropriated to carry 
out this Act $25,000,000 for each of fiscal years 2001 through 2005.
    ``(b) Limitations.--
        ``(1) Single state.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        not more than 25 percent of the total amount of funds made 
        available under this section may be used for one or more 
        projects in any single State.
            ``(B) Waiver.--On notification to Congress, the Secretary 
        may waive the limitation under subparagraph (A) if a State is 
        unable to use the entire amount of funding made available to the 
        State under this Act.
        ``(2) Administrative expenses.--Not more than 6 percent of the 
    funds authorized under this section for any fiscal year may be used 
    for Federal administrative expenses of carrying out this Act.''
