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U.S. Code as of:
01/19/04
Section 777c. Division of annual appropriations
(a) Initial distribution
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,(!1) and Restoration Act (title III, Public
Law 101-646) [16 U.S.C. 3951 et seq.]. Notwithstanding the
provisions of section 777b of this title, such sums shall remain
available to carry out such Act through fiscal year 2009.
(b) Use of balance after distribution
(1) Fiscal year 1998
In fiscal year 1998, an amount equal to $20,000,000 of the
balance remaining after the distribution under subsection (a) of
this section shall be transferred to the Secretary of
Transportation and shall be expended for State recreational
boating safety programs under section 13106(a)(1) of title 46.
(2) Fiscal year 1999
For fiscal year 1999, of the balance of each annual
appropriation remaining after making the distribution under
subsection (a) of this section, an amount equal to $74,000,000,
reduced by 82 percent of the amount appropriated for that fiscal
year from the Boat Safety Account of the Aquatic Resources Trust
Fund established by section 9504 of title 26 to carry out the
purposes of section 13106(a) of title 46, shall be used as
follows:
(A) $10,000,000 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary of
Transportation and shall be expended for State recreational
boating safety programs under section 13106 of title 46.
(3) Fiscal years 2000-2003
For each of fiscal years 2000 through 2003, of the balance of
each annual appropriation remaining after making the distribution
under subsection (a) of this section, an amount equal to
$82,000,000, reduced by 82 percent of the amount appropriated for
that fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of title 26 to
carry out the purposes of section 13106(a) of title 46, shall be
used as follows:
(A) $10,000,000 shall be available for each fiscal year to
the Secretary of the Interior for 3 fiscal years for obligation
for qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
(B) $8,000,000 shall be available for each fiscal year to the
Secretary of the Interior for 3 fiscal years for obligation for
qualified projects under section 777g-1(d) of this title.
(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each such
fiscal year to the Secretary of Transportation and shall be
expended for State recreational boating safety programs under
section 13106 of title 46.
(4) First 5 months of fiscal year 2004
For the period of October 1, 2003, through February 29, 2004,
of the balance of each annual appropriation remaining after
making the distribution under subsection (a) of this section, an
amount equal to $34,166,667, reduced by 82 percent of the amount
appropriated for that fiscal year from the Boat Safety Account of
the Aquatic Resources Trust Fund established by section 9504 of
title 26 to carry out the purposes of section 13106(a) of title
46, shall be used as follows:
(A) $4,166,667 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note).
(B) $3,333,333 shall be available to the Secretary of the
Interior for 3 fiscal years for obligation for qualified
projects under section 777g-1(d) of this title.
(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred to the Secretary
of Transportation and shall be expended for State recreational
boating safety programs under section 13106 of title 46.
(5) Transfer of certain funds
Amounts available under subparagraph (A) of paragraph (2) and
subparagraphs (A) and (B) of paragraph (3) that are unobligated
by the Secretary of the Interior after 3 fiscal years shall be
transferred to the Secretary of Transportation and shall be
expended for State recreational boating safety programs under
section 13106(a) of title 46.
(c) National Outreach and Communications Program
Of the balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b) of this
section, respectively, an amount equal to -
(1) $5,000,000 for fiscal year 1999;
(2) $6,000,000 for fiscal year 2000;
(3) $7,000,000 for fiscal year 2001;
(4) $8,000,000 for fiscal year 2002;
(5) $10,000,000 for fiscal year 2003; and
(6) $4,166,667 for the period of October 1, 2003, through
February 29, 2004;
shall be used 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 of the Interior for that program
may be expended by the Secretary under subsection (e) of this
section.
(d) Set-aside for expenses for administration of this chapter
(1) In general
(A) Set-aside
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.
(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) of this section for the fiscal year.
(e) Apportionment among States
The 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 of
each such annual appropriation among the several States in the
following manner: 40 per centum 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 per centum 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 per centum nor more than 5
per centum 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.
(f) 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.
(g) 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 subsections (a), (b)(3)(A),
(b)(3)(B), and (c) of this section to pay the expenses for
administration incurred in carrying out the provisions of law
referred to in those subsections, 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).
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