539 



or as soon as practicable thereafter, on a basis de- 

 termined by the ratio which the average of the 

 value of raw fish harvested by domestic commer- 

 cial fishermen and received within the State (re- 

 gardless where caught) for the three most recent 

 calendar years for which data satisfactory to the 

 Secretary are available plus the average of the 

 value to the manufacturer of manufactured and 

 processed fishery merchandise manufactured 

 within each State for the three most recent calen- 

 dar years for which data satisfactory to the Sec- 

 retary are available, bears to the total average 

 value of all raw fish harvested by domestic com- 

 mercial fishermen and received within the States 

 (regardless when caught) and fishery merchandise 

 manufactured and processed within the States for 

 the three most recent calendar years for which 

 data satisfactory to the Secretary are available. 

 However, no State may receive an initial appor- 

 tionment for any fiscal year of less than one-half 

 of 1 per centum of funds or more than 6 i>er 

 centum of the funds. 



(b)(1) Except as provided in paragraph (2) of 

 this subsection, so much of any apportionment for 

 any fiscal year to any State which is not obligated 

 during such year remains available for obligation 

 to that State to carry out the purposes of this Act 

 until the close of the succeeding fiscal year, and, 



wish to receive all or any part of any funds 

 shall not be considered thereafter to be apportioned 

 to that State and shall remain available until 

 expended to carry out the purposes of this Act 

 as determined by the Secretary without regard 

 to any provision of subsection (a) of this section. 



(2) If any State — 



(A) notifies the Secretary that it does not 

 wish to receive all or any part of any funds 

 apportioned to it for any fiscal year pursuant 

 to subsection (a) of this section, or 



(B) returns to the Secretary funds received 

 by it pursuant to any apportionment pursuant 

 to such subsection (a) , 



such funds shall not be considered to be appor- 

 tioned to that State and shall immediately be 

 available, and remain available until expended, 

 to carry out the purposes of this Act as determined 

 by the Secretary without regard to any provision 

 of such subsection (a) . Any notification or return 

 of funds made by any State pursuant to this para- 

 graph is irrevocable. 



(Pub. L. 88-309, § 5, May 20, 1964, 78 Stat. 1980; 

 amended Pub. L. 94-485, § 1(2) and (3), Oct. 12, 

 1976, 90 Stat. 2326.) 



Amendment 



1976 — Sec. 1(3) of Pub. L. 94-485 revised subsec. (b) 

 of Sec. 779c. 



§779d. Plans. 



(a) Submission by States; notification of approval; 

 approval prerequisite to obligation of appropria- 

 tions and expenditure of funds. 



Any State desiring to avail itself of the benefits of 

 this chapter may. through its State agency, submit 

 to the Secretary full plans, specifications, and esti- 



mates of any project proposed for that State. Items 

 included for engineering, planning, inspection, and 

 unforeseen contingencies in connection with any 

 works to be constructed shall not exceed 10 per 

 centum of the cost of the works, and shall be paid by 

 the State as a part of its contribution to the total cost 

 of the works. If the Secretary approves the plans, 

 specifications, and estimates as being consistent 

 with the purposes of this chapter and in accordance 

 with standards to be established by him. he shall 

 notify the State agency. No part of any moneys ap- 

 propriated pursuant to this chapter may be obligated 

 with respect to any project until the plans, specifi- 

 cations, and estimates have been submitted to and 

 approved by the Secretary. The expenditure of 

 funds authorized by this chapter shall be applied 

 only to approved projects, and if otherwise applied 

 they shall be replaced by the State before it may 

 participate in any further assistance under this 

 chapter 



(b) .\pproval; notice; allocation of appropriations; 

 limitation on amount. 



If the Secretary approves the plans, specifications, 

 and estimates for the project, he shall promptly no- 

 tify the State agency and immediately set aside so 

 much of the appropriation made available under 

 section 779bia) of this title as represents the Fed- 

 eral share payable under this chapter on account of 

 the project, which sum shall not exceed 75 per cen- 

 tum of the total estimated cost of the project. 



(c) Payment to proper authority; progress payments. 

 When the Secretary determines that a project ap- 

 proved by him had been completed, or where he 

 otherwise deems it appropriate, he shall cause to 

 be paid to the proper authority of the State, the 

 Federal share of the project. All payments shall 

 be made to the ofBcial or depository, as may be 

 designated by the State agency and authorized 

 under the laws of the State to receive public 

 funds of the State. (Pub. L. 88-309, § 6, May 20, 

 1964, 78 Stat. 198; amended Pub. L. 94-485, § 1(4), 

 Oct. 12, 1976. 90 Stat. 2326.) 



Amendments 



1976 — Sec. 1(4) (A) of Pub. L. 94-485 added the words 

 "or where he otherwise deems It appropriate." to Sec. 

 779d(c). 



Sec. 1(4) (B) deleted the second and third sentences 

 of Sec. 779d(c). 



Effective Date of 1976 Amendments 



Section 2 of Pub. L. 94-485 provided that amend- 

 ments made by Sec. 1 would be effective October 1. 

 1976. 



§ 779e. Working conditions. 



(a) Laws governinK; supervision by State agency; 

 regulations of the Secretary; title to property. 



All work, including the furnishing of labor and 

 materials, needed to complete any project approved 

 by the Secretary shall be performed in accordance 

 with applicable Federal and State laws under the 

 direct supervision of the State agency, and in accord- 

 ance with regulations as the Secretary may pre- 

 scribe. TiUe to all property, real and personal, ac- 



