--- kind: "section" citation: "16 U.S.C. § 4104" title: "16" title_heading: "Conservation" number: "4104" heading: "State projects" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/4104" units: - "Chapter 61 — Interjurisdictional Fisheries" --- # §4104. State projects - (a) **In general—** - (1) Any [State](/usc/16/4102.md?p=9) may, through its [State agency](/usc/16/4102.md?p=10) or an [interstate commission](/usc/16/4102.md?p=5), submit to the [Secretary](/usc/16/4102.md?p=8) a proposal for a [project](/usc/16/4102.md?p=7) which includes full plans, specifications, and cost estimates for such [project](/usc/16/4102.md?p=7). The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed [project](/usc/16/4102.md?p=7) shall not exceed 10 percent of the total cost of such works, and shall be paid by the [State](/usc/16/4102.md?p=9) as a part of its contribution to the total cost of the works. - (2) No part of any funds appropriated under any authorization contained in [section 4107](/usc/16/4107.md)[^1] of this title may be obligated with respect to any [project](/usc/16/4102.md?p=7) until the proposal for such [project](/usc/16/4102.md?p=7) has been submitted under [paragraph (1)](#a-1) and approved by the [Secretary](/usc/16/4102.md?p=8). The [Secretary](/usc/16/4102.md?p=8), before approving any proposal for a [project](/usc/16/4102.md?p=7), must evaluate the proposal as to— - (A) the soundness of design; - (B) the possibilities of securing productive results; - (C) the minimization of duplication with other research [projects](/usc/16/4102.md?p=7) in support of the management of [interjurisdictional fishery resources](/usc/16/4102.md?p=3) and carried out under this chapter or under any other law or regulation; - (D) the organization and management of the [project](/usc/16/4102.md?p=7); - (E) the methods proposed for monitoring and evaluating the success or failure of the [project](/usc/16/4102.md?p=7); - (F) the consistency of the [project](/usc/16/4102.md?p=7) with the purposes of this chapter specified in [section 4101 of this title](/usc/16/4101.md); and - (G) such other criteria as the [Secretary](/usc/16/4102.md?p=8) may prescribe. - (3) The Federal share of the cost of any [project](/usc/16/4102.md?p=7) conducted under this chapter shall not exceed 75 percent of the total estimated cost of the [project](/usc/16/4102.md?p=7), unless— - (A) the [State](/usc/16/4102.md?p=9) has adopted an [interstate fishery management plan](/usc/16/4102.md?p=4) for the resource to which the [project](/usc/16/4102.md?p=7) applies; or - (B) the [State](/usc/16/4102.md?p=9) has adopted fishery regulations which the [Secretary](/usc/16/4102.md?p=8) has determined are consistent with any [Federal fishery management plan](/usc/16/4102.md?p=1) for the species to which the [project](/usc/16/4102.md?p=7) applies; in which case the Federal share shall not exceed 90 percent of the total estimated cost of the [project](/usc/16/4102.md?p=7). - (4) - (A) If the [Secretary](/usc/16/4102.md?p=8) approves or disapproves a proposal for a [project](/usc/16/4102.md?p=7), the [Secretary](/usc/16/4102.md?p=8) shall promptly give written notification, including, if disapproved, a detailed explanation of the reasons for the disapproval, to the [State agency](/usc/16/4102.md?p=10) submitting the proposal or, if the proposal is submitted through an [interstate commission](/usc/16/4102.md?p=5), such [commission](/usc/16/544.md?p=c) and the [State](/usc/16/4102.md?p=9). - (B) For the purposes of this chapter, funds apportioned under this section to any [State](/usc/16/4102.md?p=9) shall be treated as having been obligated with respect to a [project](/usc/16/4102.md?p=7) during the fiscal year in which the written notification of approval required under [subparagraph (A)](#a-4-A) for the [project](/usc/16/4102.md?p=7) proposal is made. - (b) **Restriction—** The expenditure of funds under this chapter shall be applied only to [projects](/usc/16/4102.md?p=7) for which a proposal has been approved under [subsection (a)](#a), except that up to $25,000 each fiscal year may be obligated for a [State](/usc/16/4102.md?p=9) to carry out an agreement with the [Secretary](/usc/16/4102.md?p=8) or the [Secretary](/usc/16/4102.md?p=8) of the Interior under which the personnel, services and equipment of the [State](/usc/16/4102.md?p=9) and the Federal agency concerned will be made mutually available for the enforcement of Federal and [State](/usc/16/4102.md?p=9) laws pertaining to the protection of [fishery resources](/usc/16/4102.md?p=2). If otherwise applied, such funds shall be replaced by the [State](/usc/16/4102.md?p=9) before the [State](/usc/16/4102.md?p=9) may receive any additional funds under this chapter. - (c) **Payment—** When the [Secretary](/usc/16/4102.md?p=8) determines that a [project](/usc/16/4102.md?p=7) carried out under a proposal approved by the [Secretary](/usc/16/4102.md?p=8) has been completed, or where the [Secretary](/usc/16/4102.md?p=8) otherwise deems it appropriate, the [Secretary](/usc/16/4102.md?p=8) shall cause to be paid to the proper authority of the [State](/usc/16/4102.md?p=9), or to the official or depository designated by the [interstate commission](/usc/16/4102.md?p=5) if the [State agency](/usc/16/4102.md?p=10) specifies that payment is to be made to the [interstate commission](/usc/16/4102.md?p=5), the Federal share of the [project](/usc/16/4102.md?p=7). Any payment made to an [interstate commission](/usc/16/4102.md?p=5) shall be charged against the apportionment of the [State](/usc/16/4102.md?p=9) concerned. ## Footnotes [^1]: See References in Text note below. ## Source credit (Pub. L. 99–659, title III, § 305, Nov. 14, 1986, 100 Stat. 3734.) ## Notes ### Editorial Notes ### References in Text Section 4107 of this title, referred to in subsec. (a)(2), was repealed by Pub. L. 117–328, div. S, title II, § 204(a), Dec. 29, 2022, 136 Stat. 5270. This chapter, referred to in subsecs. (a)(2)(C), (F), (3), (4)(B) and (b), was in the original “this title”, meaning title III of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3731, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 4101 of this title and Tables. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title.