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U.S. Code as of:
01/19/04
Section 777g. Maintenance of projects
(a) Duty of States; status of projects; title to property
To maintain fish-restoration and management projects established
under the provisions of this chapter shall be the duty of the
States according to their respective laws. Beginning July 1, 1953,
maintenance of projects heretofore completed under the provisions
of this chapter may be considered as projects under this chapter.
Title to any real or personal property acquired by any State, and
to improvements placed on State-owned lands through the use of
funds paid to the State under the provisions of this chapter, shall
be vested in such State.
(b) Funding requirements
(1) Each State shall allocate 15 percent of the funds apportioned
to it for each fiscal year under section 777c of this title for the
payment of up to 75 per centum of the costs of the acquisition,
development, renovation, or improvement of facilities (and
auxiliary facilities necessary to insure the safe use of such
facilities) that create, or add to, public access to the waters of
the United States to improve the suitability of such waters for
recreational boating purposes. Notwithstanding this provision,
States within a United States Fish and Wildlife Service
Administrative Region may allocate more or less than 15 percent in
a fiscal year, provided that the total regional allocation averages
15 percent over a 5 year period.
(2) So much of the funds that are allocated by a State under
paragraph (1) in any fiscal year that remained unexpended or
unobligated at the close of such year are authorized to be made
available for the purposes described in paragraph (1) during the
succeeding four fiscal years, but any portion of such funds that
remain unexpended or unobligated at the close of such period are
authorized to be made available for expenditure by the Secretary of
the Interior in carrying out the research program of the Fish and
Wildlife Service in respect to fish of material value for sport or
recreation.
(c) Aquatic resource education program; funding, etc.
Each State may use not to exceed 15 percent of the funds
apportioned to it under section 777c of this title to pay up to 75
per centum of the costs of an aquatic resource education and
outreach and communications program for the purpose of increasing
public understanding of the Nation's water resources and associated
aquatic life forms. The non-Federal share of such costs may not be
derived from other Federal grant programs. The Secretary shall
issue not later than the one hundred and twentieth day after the
effective date of this subsection such regulations as he deems
advisable regarding the criteria for such programs.
(d) National Outreach and Communications Program
(1) Implementation
Within 1 year after June 9, 1998, the Secretary of the Interior
shall develop and implement, in cooperation and consultation with
the Sport Fishing and Boating Partnership Council, a national
plan for outreach and communications.
(2) Content
The plan shall provide -
(A) guidance, including guidance on the development of an
administrative process and funding priorities, for outreach and
communications programs; and
(B) for the establishment of a national program.
(3) Secretary may match or fund programs
Under the plan, the Secretary may obligate amounts available
under subsection (c) or (d) of section 777c of this title -
(A) to make grants to any State or private entity to pay all
or any portion of the cost of carrying out any outreach and
communications program under the plan; or
(B) to fund contracts with States or private entities to
carry out such a program.
(4) Review
The plan shall be reviewed periodically, but not less
frequently than once every 3 years.
(e) State outreach and communications program
Within 12 months after the completion of the national plan under
subsection (d)(1) of this section, a State shall develop a plan for
an outreach and communications program and submit it to the
Secretary. In developing the plan, a State shall -
(1) review the national plan developed under subsection (d) of
this section;
(2) consult with anglers, boaters, the sportfishing and boating
industries, and the general public; and
(3) establish priorities for the State outreach and
communications program proposed for implementation.
(f) Pumpout stations and waste reception facilities
Amounts apportioned to States under section 777c of this title
may be used to pay not more than 75 percent of the costs of
constructing, renovating, operating, or maintaining pumpout
stations and waste reception facilities (as those terms are defined
in the Clean Vessel Act of 1992).
(g) Surveys
(1) National framework
Within 6 months after June 9, 1998, the Secretary, in
consultation with the States, shall adopt a national framework
for a public boat access needs assessment which may be used by
States to conduct surveys to determine the adequacy, number,
location, and quality of facilities providing access to
recreational waters for all sizes of recreational boats.
(2) State surveys
Within 18 months after June 9, 1998, each State that agrees to
conduct a public boat access needs survey following the
recommended national framework shall report its findings to the
Secretary for use in the development of a comprehensive national
assessment of recreational boat access needs and facilities.
(3) Exception
Paragraph (2) does not apply to a State if, within 18 months
after June 9, 1998, the Secretary certifies that the State has
developed and is implementing a plan that ensures there are and
will be public boat access adequate to meet the needs of
recreational boaters on its waters.
(4) Funding
A State that conducts a public boat access needs survey under
paragraph (2) may fund the costs of conducting that assessment
out of amounts allocated to it as funding dedicated to motorboat
access to recreational waters under subsection (b)(1) of this
section.
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