---
kind: "range"
citation: "16 U.S.C. §§ 777–777f"
title: "16"
from: "777"
to: "777f"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/16/777..777f"
---

# §777. Federal-State relationships

- (a) **Cooperation between Federal Government and State fish and game departments; expenditure of funds—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized and directed to cooperate with the [States](/usc/16/544.md?p=r) through their respective [State fish and game departments](/usc/16/777a.md?p=1-D) in [fish restoration and management projects](/usc/16/777a.md?p=1) as hereinafter set forth: No money apportioned under this chapter to any [State](/usc/16/6456.md?p=2), except as hereinafter provided, shall be expended therein until its legislature, or other [State](/usc/16/6456.md?p=2) agency authorized by the [State](/usc/16/6456.md?p=2) constitution to make laws governing the [conservation](/usc/16/6456.md?p=2) of fish, shall have assented to the provisions of this chapter and shall have passed laws for the [conservation](/usc/16/6456.md?p=2) 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](/usc/16/777a.md?p=1-D), 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](/usc/16/6456.md?p=2) shall be sufficient. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [State fish and game department](/usc/16/777a.md?p=1-D) of each [State](/usc/16/6456.md?p=2) accepting the benefits of this chapter shall agree upon the [fish restoration and management projects](/usc/16/777a.md?p=1) to be aided in such [State](/usc/16/6456.md?p=2) under the terms of this chapter, and all [projects](/usc/16/410r–5.md?p=c-4) shall conform to the standards fixed by the [Secretary](/usc/16/410r–5.md?p=c-1) 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)](#b-2), each [coastal State](#b-3), to the extent practicable, shall equitably allocate amounts apportioned to such [State](/usc/16/6456.md?p=2) under this chapter between marine fish [projects](/usc/16/410r–5.md?p=c-4) and freshwater fish [projects](/usc/16/410r–5.md?p=c-4) 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](/usc/16/6456.md?p=2).
  - (2) **Preservation of freshwater project allocation at 1988 level—**
    - (A) Subject to [subparagraph (B)](#b-2-B), the amount allocated by a [State](/usc/16/6456.md?p=2) pursuant to this subsection to freshwater fish [projects](/usc/16/410r–5.md?p=c-4) for each fiscal year shall not be less than the amount allocated by such [State](/usc/16/6456.md?p=2) to such [projects](/usc/16/410r–5.md?p=c-4) for fiscal year 1988.
    - (B) [Subparagraph (A)](#b-2-A) shall not apply to a [State](/usc/16/6456.md?p=2) with respect to any fiscal year for which the amount apportioned to the [State](/usc/16/6456.md?p=2) under this chapter is less than the amount apportioned to the [State](/usc/16/6456.md?p=2) 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](/usc/16/544.md?p=r) 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.

# §777a. Definitions


For purposes of this chapter—

- (1) the term “fish restoration and management projects” shall be construed to mean [projects](/usc/16/410r–5.md?p=c-4) designed for the [restoration](/usc/16/6456.md?p=2) 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](/usc/16/410hhh–1.md?p=8);
  - (B) the [acquisition](/usc/16/620e.md?p=1) of such facts as are necessary to guide and direct the regulation of [fishing](/usc/16/7901.md?p=b) by law, including the extent of the fish population, the drain on the fish supply from [fishing](/usc/16/7901.md?p=b) and/or natural causes, the necessity of legal regulation of [fishing](/usc/16/7901.md?p=b), 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](/usc/16/460rrr.md?p=2) or districts to which such plans are applicable, together with the [acquisition](/usc/16/620e.md?p=1) of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans;
  - (D) the selection, [restoration](/usc/16/6456.md?p=2), rehabilitation, and improvement of [areas](/usc/16/539m–1.md?p=1-A) of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including [acquisition](/usc/16/620e.md?p=1) by purchase, condemnation, lease, or gift of such [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410cc–1.md?p=3), or official or officials, of a [State](/usc/16/6456.md?p=2) 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](/usc/16/460ss–6.md?p=1) to improve communications with anglers, boaters, and the general public regarding angling and boating opportunities, to reduce barriers to participation in these activities, to advance adoption of sound [fishing](/usc/16/7901.md?p=b) and boating practices, to promote [conservation](/usc/16/6456.md?p=2) and the responsible use of the Nation’s aquatic [resources](/usc/16/410hhh–1.md?p=8), and to further safety in [fishing](/usc/16/7901.md?p=b) and boating; and
- (3) the term “aquatic resource education program” means a [program](/usc/16/460ss–6.md?p=1) designed to enhance the public’s understanding of aquatic [resources](/usc/16/410hhh–1.md?p=8) and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic environment.

# §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](/usc/16/6456.md?p=2) and Boating [Trust](/usc/16/450ss–1.md?p=4) [Fund](/usc/16/1421h.md?p=2) established by [section 9504(a) of title 26](/usc/26/9504.md?p=a) the amounts paid, transferred, or otherwise credited to that [Trust](/usc/16/450ss–1.md?p=4) [Fund](/usc/16/1421h.md?p=2), except as provided in [section 9504(c) of title 26](/usc/26/9504.md?p=c). 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](/usc/16/6456.md?p=2) for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that [State](/usc/16/6456.md?p=2) until the close of the succeeding fiscal year. Any amount apportioned to any [State](/usc/16/6456.md?p=2) 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](/usc/16/410r–5.md?p=c-4) is authorized to be made available for expenditure by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to supplement the 58.012 percent of the balance of each annual appropriation to be apportioned among the [States](/usc/16/544.md?p=r), as provided for in [section 777c(c) of this title](/usc/16/777c.md?p=c).


# §777c. Division of annual appropriations

- (a) **In general—** For each fiscal year through fiscal year 2026, the balance of each annual appropriation made in accordance with the provisions of [section 777b of this title](/usc/16/777b.md) remaining after the distributions for administrative expenses and other purposes under [subsection (b)](#b) and for activities under [section 777m(e) of this title](/usc/16/777m.md?p=e) shall be distributed as follows:
  - (1) **Coastal wetlands—** An amount equal to 18.673 percent to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for distribution as provided in the Coastal Wetlands Planning, Protection,[^1] and Restoration Act ([16 U.S.C. 3951](/usc/16/3951.md) et seq.).
  - (2) **Boating safety—** An amount equal to 17.315 percent to the [Secretary](/usc/16/410r–5.md?p=c-1) of the department in which the Coast Guard is operating for [State](/usc/16/6456.md?p=2) recreational boating safety [programs](/usc/16/460ss–6.md?p=1) under [section 13107 of title 46](/usc/46/13107.md).
  - (3) **Boating infrastructure improvement—**
    - (A) **In general—** An amount equal to 4 percent to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for qualified [projects](/usc/16/410r–5.md?p=c-4) under section 5604(c) of the Clean Vessel Act of 1992 ([33 U.S.C. 1322](/usc/33/1322.md) note) and [section 777g–1(d) of this title](/usc/16/777g–1.md?p=d).
    - (B) **Limitation—** Not more than 75 percent of the amount under [subparagraph (A)](#a-3-A) shall be available for [projects](/usc/16/410r–5.md?p=c-4) under either of the sections referred to in [subparagraph (A)](#a-3-A).
  - (4) **National outreach and communications—** An amount equal to 2.0 percent to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for the National [Outreach and Communications Program](/usc/16/777a.md?p=2) under [section 777g(d) of this title](/usc/16/777g.md?p=d). Such amounts shall remain available for 3 fiscal years, after which any portion thereof that is unobligated by the [Secretary](/usc/16/410r–5.md?p=c-1) for that [program](/usc/16/460ss–6.md?p=1) may be expended by the [Secretary](/usc/16/410r–5.md?p=c-1) under [subsection (c)](#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](/usc/16/777b.md), for each fiscal year through fiscal year 2026, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may use no more than the amount specified in [subparagraph (B)](#b-1-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](/usc/16/777h.md). The amount specified in [subparagraph (B)](#b-1-B) for a fiscal year may not be included in the amount of the annual appropriation distributed under [subsection (a)](#a) for the fiscal year.
    - (B) **Available amounts—** The available amount referred to in [subparagraph (A)](#b-1-A) is—
      - (i) for the fiscal year that includes November 15, 2021, the product obtained by multiplying—
        - (I) $12,786,434; and
        - (II) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and
      - (ii) for each fiscal year thereafter, the sum obtained by adding—
        - (I) the available amount specified in this subparagraph for the preceding fiscal year; and
        - (II) the product obtained by multiplying—
          - (aa) the available amount specified in this subparagraph 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) **Set-aside for Coast Guard administration—**
    - (A) **In general—** From the annual appropriation made in accordance with [section 777b of this title](/usc/16/777b.md), for each of fiscal years 2022 through 2026, the [Secretary](/usc/16/410r–5.md?p=c-1) of the department in which the Coast Guard is operating may use no more than the amount specified in [subparagraph (B)](#b-2-B) for the fiscal year for the purposes set forth in [section 13107(c) of title 46](/usc/46/13107.md?p=c). The amount specified in [subparagraph (B)](#b-2-B) for a fiscal year may not be included in the amount of the annual appropriation distributed under [subsection (a)](#a) for the fiscal year.
    - (B) **Available amounts—** The available amount referred to in [subparagraph (A)](#b-2-A) is—
      - (i) for fiscal year 2022, $12,786,434; and
      - (ii) for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding—
        - (I) the available amount specified in this subparagraph for the preceding fiscal year; and
        - (II) the product obtained by multiplying—
          - (aa) the available amount specified in this subparagraph 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.
  - (3) **Period of availability; apportionment of unobligated amounts—**
    - (A) **Period of availability—** For each fiscal year, the available amount under [paragraph (1)](#b-1) shall remain available for obligation for use under that paragraph until the end of the subsequent fiscal year.
    - (B) **Apportionment of unobligated amounts—** Not later than 60 days after the end of a fiscal year, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall apportion among the [States](/usc/16/544.md?p=r) any of the available amount under [paragraph (1)](#b-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](/usc/16/544.md?p=r) under [subsection (c)](#c) for the fiscal year.
- (c) **Apportionment among States—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1), after the distribution, transfer, use and deduction under [subsection (b)](#b), and after deducting amounts used for activities under [section 777m(e) of this title](/usc/16/777m.md?p=e), shall apportion 58.012 percent of the balance of each such annual appropriation among the several [States](/usc/16/544.md?p=r) in the following manner: 40 percent in the ratio which the [area](/usc/16/539m–1.md?p=1-A) of each [State](/usc/16/6456.md?p=2) including coastal and Great Lakes waters (as determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior) bears to the total [area](/usc/16/539m–1.md?p=1-A) of all the [States](/usc/16/544.md?p=r), and 60 percent in the ratio which the number of [persons](/usc/16/450rr–1.md?p=b) holding paid licenses to fish for sport or recreation in the [State](/usc/16/6456.md?p=2) in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said [Secretary](/usc/16/410r–5.md?p=c-1) by the [State fish and game departments](/usc/16/777a.md?p=1-D), bears to the number of such [persons](/usc/16/450rr–1.md?p=b) in all the [States](/usc/16/544.md?p=r). Such apportionments shall be adjusted equitably so that no [State](/usc/16/6456.md?p=2) shall receive less than 1 percent nor more than 5 percent of the total amount apportioned. Where the apportionment to any [State](/usc/16/6456.md?p=2) under this section is less than $4,500 annually, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may allocate not more than $4,500 of said appropriation to said [State](/usc/16/6456.md?p=2) to carry out the purposes of this chapter when said [State](/usc/16/6456.md?p=2) certifies to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior that it has set aside not less than $1,500 from its fish-and-game [funds](/usc/16/1421h.md?p=2) or has made, through its legislature, an appropriation in this amount of said purposes.
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) shall deduct from the amount to be apportioned under [paragraph (1)](#c-1) the amounts used for grants under [section 777m(a) of this title](/usc/16/777m.md?p=a).
- (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](/usc/16/450rr–1.md?p=b) holding licenses to fish shall be a [State](/usc/16/6456.md?p=2)’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](/usc/16/777b.md), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall use only [funds](/usc/16/1421h.md?p=2) authorized for use under paragraphs [(1)](#a-1), [(3)](#a-3), [(4)](#a-4), and (5) of subsection (a) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those paragraphs, respectively.
  - (2) **Maximum amount—** For each fiscal year, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may use not more than $1,300,000 in accordance with [paragraph (1)](#e-1).
- (f) **Transfer of certain funds—** Amounts available under paragraphs [(3)](#a-3) and [(4)](#a-4) of subsection (a) that are unobligated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior after 3 fiscal years shall be transferred to the [Secretary](/usc/16/410r–5.md?p=c-1) of the department in which the Coast Guard is operating and shall be expended for [State](/usc/16/6456.md?p=2) recreational boating safety [programs](/usc/16/460ss–6.md?p=1) under [section 13107(a) of title 46](/usc/46/13107.md?p=a).

# §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](/usc/16/410r–5.md?p=c-1) of the Interior shall certify, at the time at which a deduction or apportionment is made, to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury, and to each [State fish and game department](/usc/16/777a.md?p=1-D), the sum which he has estimated to be deducted for administering this chapter and the sum which he has apportioned to each [State](/usc/16/6456.md?p=2) for such fiscal year.


# §777e. Submission and approval of plans and projects

- (a) **Apportionment of funds—** Any [State](/usc/16/6456.md?p=2) desiring to avail itself of the benefits of this chapter shall, by its [State fish and game department](/usc/16/777a.md?p=1-D), submit [programs](/usc/16/460ss–6.md?p=1) or [projects](#b) for fish [restoration](/usc/16/6456.md?p=2) in either of the following two ways:
  - (1) The [State](/usc/16/6456.md?p=2) shall prepare and submit to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior a comprehensive fish and wildlife resource [management plan](/usc/16/460mmm–1.md?p=3) which shall insure the perpetuation of these [resources](/usc/16/410hhh–1.md?p=8) 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](/usc/16/410r–5.md?p=c-1) of the Interior. If the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/1421h.md?p=2) apportioned under this chapter upon his approval of an annual agreement submitted to him.
  - (2) A [State](/usc/16/6456.md?p=2) may elect to avail itself of the benefits of this chapter by its [State fish and game department](/usc/16/777a.md?p=1-D) submitting to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior full and detailed statements of any fish [restoration](/usc/16/6456.md?p=2) and management [project](#b) proposed for that [State](/usc/16/6456.md?p=2). If the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior finds that such [project](#b) meets with the standards set by him and approves said [project](#b), the [State fish and game department](/usc/16/777a.md?p=1-D) shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require. If the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior approves the plans, specifications, and estimates for the [project](#b), he shall notify the [State fish and game department](/usc/16/777a.md?p=1-D) 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](#b), which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof.

    The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall approve only such comprehensive plans or [projects](#b) as may be substantial in character and design and the expenditure of [funds](/usc/16/1421h.md?p=2) hereby authorized shall be applied only to such approved comprehensive [fishery](/usc/16/1383a.md?p=o-1) plan or [projects](#b) and if otherwise applied they shall be replaced by the [State](/usc/16/6456.md?p=2) 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](/usc/16/1383a.md?p=o-1) plan or [project](#b) until an agreement to participate therein shall have been submitted to and approved by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.

- (b) **“Project” defined—** If the [State](/usc/16/6456.md?p=2) elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of [subsection (a)](#a) of this section, then the term “project” may be defined for the purpose of this chapter as a [fishery](/usc/16/1383a.md?p=o-1) [program](/usc/16/460ss–6.md?p=1), all other definitions notwithstanding.
- (c) **Costs—** Administrative costs in the form of overhead or indirect costs for services provided by [State](/usc/16/6456.md?p=2) central service activities outside of the [State fish and game department](/usc/16/777a.md?p=1-D) charged against [programs](/usc/16/460ss–6.md?p=1) or [projects](#b) supported by [funds](/usc/16/1421h.md?p=2) made available under this chapter shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the [State](/usc/16/6456.md?p=2).
- (d) **Agreements to finance initial costs of acquisition of lands and construction of structures—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may enter into agreements to finance up to 75 per centum of the initial costs of the [acquisition](/usc/16/620e.md?p=1) of lands or interests therein and the construction of structures or facilities from 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](/usc/16/410r–5.md?p=c-1) may consider necessary. The liability of the United States in any such agreement is contingent upon the continued availability of [funds](/usc/16/1421h.md?p=2) for the purposes of this chapter.

# §777e–1. New England Fishery Resources Restoration Act of 1990

- (a) **Short title—** This section may be cited as the “New England [Fishery](/usc/16/1383a.md?p=o-1) [Resources](/usc/16/410hhh–1.md?p=8) Restoration Act of 1990”.
- (b) **Purposes—** The purposes of this section are to—
  - (1) ensure timely and effective implementation of [restoration](/usc/16/6456.md?p=2) plans and [programs](/usc/16/460ss–6.md?p=1) for Atlantic salmon and other [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8) of selected river [systems](/usc/16/668ee.md?p=14) in New England;
  - (2) complete a study of fish passage impediments and requirements on small streams and rivers in New England; and
  - (3) develop an inventory of important fish and wildlife habitat and other [natural areas](/usc/16/460rrr.md?p=2) 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](/usc/16/450rr–1.md?p=a) for [Fisheries](/usc/16/1383a.md?p=o-1) of the National Oceanic and Atmospheric Administration shall formulate, establish and implement [programs](/usc/16/460ss–6.md?p=1) to restore and maintain nationally significant, interjurisdictional [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8) originating in New England river [systems](/usc/16/668ee.md?p=14), 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](/usc/16/460ss–6.md?p=1) shall be in accordance with the schedule and responsibilities established in comprehensive basin-wide [restoration](/usc/16/6456.md?p=2) plans prepared by the Director in cooperation with [State](/usc/16/6456.md?p=2), local, and other entities involved and interested in the [conservation](/usc/16/6456.md?p=2) and management of the affected [fishery](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8). Preparation and periodic revision of [restoration](/usc/16/6456.md?p=2) plans, and their implementation, shall be based on a Memorandum of Agreement for each [restoration](/usc/16/6456.md?p=2) [program](/usc/16/460ss–6.md?p=1) which shall be entered into by the Director and cooperating entities. The Director shall prepare and submit to the House [Committee](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1383a.md?p=o-1) and the Senate [Committee](/usc/16/941b.md?p=1) 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](/usc/16/6456.md?p=2) 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](/usc/16/544.md?p=r) due to dams that are not licensed by the Federal Energy Regulatory [Commission](/usc/16/410cc–1.md?p=3) or other human-caused obstructions. In [addition](/usc/16/410r–5.md?p=c-2), 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](/usc/16/410cc–1.md?p=3) 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](/usc/16/1383a.md?p=o-1) [resources](/usc/16/410hhh–1.md?p=8), 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)](#d-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](/usc/16/1447a.md?p=6) and by other appropriate means. Within three years of November 16, 1990, the Director shall submit a report containing the findings, conclusions and recommendations of the study to the House [Committee](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1383a.md?p=o-1) and the Senate [Committee](/usc/16/941b.md?p=1) 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](/usc/16/410r–5.md?p=c-2), the Director shall, in cooperation with appropriate [State](/usc/16/6456.md?p=2) 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](/usc/16/539m–1.md?p=1-A) 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](/usc/16/941b.md?p=1) on Merchant Marine and [Fisheries](/usc/16/1383a.md?p=o-1) and the Senate [Committee](/usc/16/941b.md?p=1) 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](/usc/16/1383a.md?p=o-1) resource [restoration](/usc/16/6456.md?p=2) plans and [programs](/usc/16/460ss–6.md?p=1), except for activities related to the design and construction of fish passage facilities, as directed by [subsection (c)](#c);
  - (2) $500,000 per year for fiscal years 1991, 1992, and 1993 to conduct the study required under [subsection (d)](#d); and
  - (3) $500,000 to conduct the inventory and assessment required under section[^1] (e).

# §777f. Payments by United States

- (a) **Payments and advances to States—** When the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall find that any [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/6456.md?p=2) the amount set aside for said [project](/usc/16/410r–5.md?p=c-4). The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may, in his discretion, from time to time, make payments on said [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/410r–5.md?p=c-4) in conformity with said plans and specifications. If a [State](/usc/16/6456.md?p=2) 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](/usc/16/777e.md), and this plan has been approved by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, then the [Secretary](/usc/16/410r–5.md?p=c-1) may, in his discretion, and under such rules and regulations, as he may prescribe, advance [funds](/usc/16/1421h.md?p=2) to the [State](/usc/16/6456.md?p=2) for financing the United States’ pro rata share agreed upon between the [State fish and game department](/usc/16/777a.md?p=1-D) and the [Secretary](/usc/16/410r–5.md?p=c-1).
- (b) **Construction work; joint payments—** Any construction work and labor in each [State](/usc/16/6456.md?p=2) shall be performed in accordance with its laws and under the direct supervision of the [State fish and game department](/usc/16/777a.md?p=1-D), subject to the inspection and approval of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and in accordance with the rules and regulations made pursuant to this chapter. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the [State fish and game department](/usc/16/777a.md?p=1-D) of each [State](/usc/16/6456.md?p=2) 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](/usc/16/777a.md?p=1-D) and authorized under the laws of the [State](/usc/16/6456.md?p=2) to receive public [funds](/usc/16/1421h.md?p=2) of the [State](/usc/16/6456.md?p=2).