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 , 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.
Funding requirements
Aquatic resource education program; funding, etc.
section 777c of this titleEach State may use not to exceed 15 percent of the funds apportioned to it under 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.
National Outreach and Communications Program
Implementation
Within 1 year after , 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.
Content
Secretary may match or fund programs
Review
The plan shall be reviewed periodically, but not less frequently than once every 3 years.
State outreach and communications program
Pumpout stations and waste reception facilities
section 777c of this titleAmounts apportioned to States under 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).
Surveys
National framework
Within 6 months after , 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.
State surveys
Within 18 months after , 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.
Exception
Paragraph (2) does not apply to a State if, within 18 months after , 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.
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.
Aug. 9, 1950, ch. 658, § 8 64 Stat. 433 Pub. L. 91–503, title II, § 20284 Stat. 1103 Pub. L. 98–369, div. A, title X, § 1014(a)(6)98 Stat. 1016 Pub. L. 102–587, title V, § 5604(b)106 Stat. 5088 Pub. L. 105–178, title VII112 Stat. 484 Pub. L. 105–206, title IX, § 9012(c)112 Stat. 864 Pub. L. 109–59, title X, § 10114119 Stat. 1928 Pub. L. 114–94, div. A, title X, § 10001(d)129 Stat. 1621 (, ; , , ; , , ; , , ; , §§ 7402(c), 7404(b), , , 486; , , ; , , ; , , .)
Editorial Notes
References in Text
For effective date of this subsection, referred to in subsec. (c), see Effective Date of 1984 Amendment note below.
Pub. L. 102–587106 Stat. 5086 section 777c of this titlesection 1322 of Title 33section 1322 of Title 33The Clean Vessel Act of 1992, referred to in subsec. (f), is subtitle F of title V of , , , which amended this section and and enacted provisions set out as a note under , Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 114–942015—Subsec. (b)(2). substituted “58.012 percent” for “57 percent”.
Pub. L. 109–59, § 10114(1)section 777c(c) of this title2005—Subsec. (b)(2). , substituted “to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under ” for “in carrying out the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation”.
Pub. L. 109–59, § 10114(2)Subsec. (d)(3). , substituted “subsection (a)(5) or subsection (b)” for “subsection (c) or (d)” in introductory provisions.
Pub. L. 105–178, § 7402(c)(1)1998—Subsec. (b)(1). , which directed the substitution of “15 percent” for “12½ percentum” wherever appearing, was executed by making the substitution for “12½ per centum” to reflect the probable intent of Congress.
Pub. L. 105–178, § 7402(c)(3)Subsec. (c). , inserted “and communications” after “outreach”.
Pub. L. 105–178, § 7402(c)(2), which directed the substitution of “15 percent” for “10 percentum”, was executed by making the substitution for “10 per centum” to reflect the probable intent of Congress.
Pub. L. 105–178, § 7402(c)(4)Subsecs. (d) to (f). , added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
Pub. L. 105–178, § 7404(b)Pub. L. 105–206, § 9012(c)Subsec. (g). , as amended by , added subsec. (g).
Pub. L. 102–587, § 5604(b)(1)1992—Subsec. (b)(1). , substituted “12½ per centum” for “10 per centum” after “allocate” and inserted at end “Notwithstanding this provision, States within a United States Fish and Wildlife Service Administrative Region may allocate more or less than 12½ per centum in a fiscal year, provided that the total regional allocation averages 12½ per centum over a 5 year period.”
Pub. L. 102–587, § 5604(b)(2)Subsec. (b)(2). , substituted “four fiscal years” for “fiscal year” after first reference to “succeeding” and “period” for second reference to “succeeding fiscal year”.
Pub. L. 102–587, § 5604(b)(3)Subsec. (c). , inserted “and outreach” after “education”.
Pub. L. 102–587, § 5604(b)(4)Subsec. (d). , added subsec. (d).
Pub. L. 98–3691984— designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Pub. L. 91–5031970— struck out restriction that not more than 25 percent of the Federal funds be set aside for maintenance projects.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–94section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.
Effective Date of 2005 Amendments
Pub. L. 109–59section 101(b) of Pub. L. 109–74section 777b of this titleFrom , to end of fiscal year 2005, subsecs. (b)(2) and (d)(3) of this section considered to read as immediately before enactment of , see , set out as a note under .
Pub. L. 109–59section 10102 of Pub. L. 109–59section 777b of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–206Pub. L. 105–178Pub. L. 105–178Pub. L. 105–178Pub. L. 105–206section 9016 of Pub. L. 105–206section 101 of Title 23Title IX of effective simultaneously with enactment of and to be treated as included in at time of enactment, and provisions of , as in effect on day before , that are amended by title IX of to be treated as not enacted, see , set out as a note under , Highways.
Effective Date of 1984 Amendment
Pub. L. 98–369section 1014(b) of Pub. L. 98–369section 777 of this titleAmendment by effective , and applicable with respect to fiscal years beginning after , see , set out as a note under .