Laws: Cases and Codes : U.S. Code : Title 16 : Section 757a


   
U.S. Code as of: 01/19/04
Section 757a. Anadromous, Great Lakes, and Lake Champlain fisheries

    (a) Conservation, development, and enhancement; cooperative
      agreements; costs
      For the purpose of conserving, developing, and enhancing within
    the several States the anadromous fishery resources of the Nation
    that are subject to depletion from water resources developments and
    other causes, or with respect to which the United States has made
    conservation commitments by international agreements, and for the
    purpose of conserving, developing, and enhancing the fish in the
    Great Lakes and Lake Champlain that ascend streams to spawn, the
    Secretary of the Interior is authorized to enter into cooperative
    agreements with one or more States, acting jointly or severally,
    that are concerned with the development, conservation, and
    enhancement of such fish, and, whenever he deems it appropriate,
    with other non-Federal interests. Such agreements shall describe
    (1) the actions to be taken by the Secretary and the cooperating
    parties, (2) the benefits that are expected to be derived by the
    States and other non-Federal interests, (3) the estimated cost of
    these actions, (4) the share of such costs to be borne by the
    Federal Government and by the States and other non-Federal
    interests: Provided, That, except as provided in subsection (c) of
    this section, the Federal share, including the operation and
    maintenance costs of any facilities constructed by the Secretary
    pursuant to sections 757a to 757f of this title, which he annually
    determines to be a proper Federal cost, shall not exceed 50 per
    centum of such costs exclusive of the value of any Federal land
    involved: Provided further, That the non-Federal share may be in
    the form of real or personal property, the value of which will be
    determined by the Secretary, as well as money, (5) the term of the
    agreement, (6) the terms and conditions for disposing of any real
    or personal property acquired by the Secretary during or at the end
    of the term of the agreement, and (7) such other terms and
    conditions as he deems desirable.
    (b) Operation, management, and administration of property; research
      (1) The Secretary may also enter into agreements with the States
    for the operation of any facilities and management and
    administration of any lands or interests therein acquired or
    facilities constructed pursuant to sections 757a to 757f of this
    title.
      (2) In carrying out responsibilities under this section, the
    Secretary shall conduct, promote, and encourage research in
    preparation for the implementation of the use of ecosystems and
    interspecies approaches to the conservation and management of
    anadromous and Great Lakes fishery resources.
    (c) Increase of Federal share
      (1) Whenever two or more States having a common interest in any
    basin jointly enter into a cooperative agreement with the Secretary
    under subsection (a) of this section to carry out a research and
    development program to conserve, develop, and enhance anadromous
    fishery resources of the Nation, or fish in the Great Lakes and
    Lake Champlain that ascend streams to spawn, the Federal share of
    the program costs shall be increased to a maximum of 66 2/3  per
    centum. For the purpose of this subsection, the term "basin"
    includes rivers and their tributaries, lakes, and other bodies of
    water or portions thereof.
      (2) In the case of any State that has implemented an interstate
    fisheries management plan for anadromous fishery resources,
    prepared by an interstate commission, the Federal share of any
    grant made under this section to carry out activities required by
    such plan shall be up to 90 percent. For purposes of this
    paragraph, the term "interstate commission" means - 
        (A) the commission established by the Atlantic States Marine
      Fisheries Compact (as consented to and approved by Public Law
      80-77 (!1)), approved May 4, 1942 (56 Stat. 267);

        (B) the commission established by the Pacific Marine Fisheries
      Compact (as consented to and approved by Public Law 80-232 (!1)),
      approved July 24, 1947 (16 Stat. 419); and
        (C) the commission established by the Gulf States Marine
      Fisheries Compact (as consented to and approved by Public Law
      81-66), approved May 19, 1949 (63 Stat. 70).



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