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U.S. Code as of:
01/19/04
Section 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.
(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.
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