465 



portionments 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 St?.te 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 pmr- 

 poses 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 flsh-and-game funds or 

 has made, through its legislature, an appropriation 

 in this amount of said purposes. So much of any sum 

 not allocated under the provisions of this section for 

 any fiscal year is hereby authorized to be made avail- 

 able for expenditure to carry out the purposes of 

 this chapter until the close of the succeeding fiscal 

 year, and if unexpended or unobligated at the end 

 of such year, such sum is hereby authorized to be 

 made available for expenditure by the Secretary of 

 the Interior in carrying on the research program of 

 the Fish and Wildlife Service in respect to fish of 

 material value for sport or recreation. The term fis- 

 cal year as used in this section shall be a period of 

 twelve consecutive months from Oct. 1 through the 

 succeeding Sept. 30, except that the period for enu- 

 meration of persons holding licenses to fish shall be 

 a State's fiscal or license year. (Aug. 9, 1950, ch. 658, 

 §4, 64 Stat. 432; Oct. 23, 1970, Pub. L. 91-503, title 

 II, § 201, 84 Stat. 1101.) 



» Amendments 



1970 — Pub L. 91-503 changed the method of apportion- 

 ment of funds by eliminating reference to "to all the 

 States" and added a definition of the term "fiscal year" 



§777d. Certification of funds deducted for expenses 

 and amounts apportioned to States; notification 

 by Slate of intent to accept; use of funds where 

 State fails to accept. 



For each fiscal year beginning with ths fiscal year 

 ending June 30, 1951, the Secretary of the Interior 

 shall certify to the Secretary of the Treasury, and 

 to each State flsh and game department, the sum 

 which he has estimated to be deducted for admin- 

 istering and executing this chapter and the sum 

 which he has apportioned to each State for such 

 fiscal year. Any State desiring to avail itself of the 

 benefits of this chapter shall notify the Secretary 

 of the Interior to this effect within sixty days after 

 it has received the certification referred to in this 

 section. The sum apportioned to any State which 

 fails to notify the Secretary of the Interior as herein 

 provided is authorlzsd to be made available for ex- 

 penditure by the Secretary of the Interior In carry- 

 ing out the provisions of the fish-research program 

 of the Fish and Wildlife Service. (Aug. 9, 1950, ch. 

 658, S 5, 64 Stat. 432.) 



§ 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 depart- 

 ment, submit programs or projects for flsh restora- 

 tion 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 In- 



sure the perpetuation of these resources for the eco- 

 nomic, 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 de- 

 sires and needs of the people for a period of not less 

 than fifteen years. It shall include provisions for up- 

 dating 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 imple- 

 menting segments of those plans meeting the pur- 

 poses of this chapter from funds apportioned under 

 this chapter upon his approval of an annual agree- 

 ment submitted to him. 



( 2 ) A State may elect to avail itself of the benefits 

 of this chapter by its State fish and game depart- 

 ment 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, specifica- 

 tions, 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 im- 

 mediately 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 sub- 

 stantial in character and design and the expendi- 

 ture of fimds 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 imder this chap- 

 ter 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) Definition. 



If the State elects to avail itself of the benefits of 

 this chapter by preparing a comprehensive flsh and 

 wildlife plan under option (1) of subsection (a) of 

 this section, then the term "project" may be de- 

 fined 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 flsh and game 

 department charged against programs or projects 

 supported by funds made available under this chap- 

 ter shall not exceed In any one fiscal year 3 per 

 centum of the annual apportionment to the State. 

 (Aug. 9, 1950, ch. 658, § 6, 64 Stat. 432; Oct. 23, 1970, 

 Pub. L. 91-503, title II, § 202, 84 Stat. 1102.) 



