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Title 16 — ConservationRelease 119-73

§777g Maintenance of projects

Title 16 › Chapter CHAPTER 10B— - FISH RESTORATION AND MANAGEMENT PROJECTS › § 777g

Last updated Apr 6, 2026|Official source

Summary

States must keep up the fish-restoration and management projects they set up under this law. Any land, buildings, or equipment a State bought or improved with these funds belong to the State. Each State must set aside 15 percent of the money it is given each year for public access to waters for boating. The State can use that money to pay up to 75 percent of the cost to buy, build, fix, or improve access and safety facilities. States in the same Fish and Wildlife Service region can change their yearly share, as long as the region’s average is 15 percent over 5 years. Money set aside but not spent can be used for the same access work for the next four years. If still unspent after that, the funds go to the Secretary to add to the 58.012 percent balance of the annual apportionment under section 777c(c). A State may also use up to 15 percent of its apportioned funds to pay up to 75 percent of the cost of aquatic resource education and outreach programs, but the State’s non-Federal share cannot come from other Federal grants. The Secretary of the Interior must write rules about these education programs no later than the 120th day after this part takes effect. Within 1 year after June 9, 1998, the Secretary must make a national outreach and communications plan with the Sport Fishing and Boating Partnership Council. The plan gives guidance, sets funding priorities, and can create a national program. The Secretary may use available section 777c(a)(5) or (b) funds to make grants or contracts under the plan. The plan must be reviewed at least every 3 years. Within 12 months after the national plan is finished, each State must submit its own outreach plan, after reviewing the national plan and talking with anglers, boaters, industry, and the public. Funds under section 777c may pay up to 75 percent of the costs to build, fix, run, or keep pumpout stations and waste reception facilities (as defined in the Clean Vessel Act of 1992). The Secretary must also, within 6 months after June 9, 1998, create a national framework for public boat access surveys. States that follow the framework must report results within 18 months after June 9, 1998, unless the Secretary certifies the State already has an adequate access plan. States may use the motorboat-access money from subsection (b)(1) to pay for such surveys.

Full Legal Text

Title 16, §777g

Conservation — Source: USLM XML via OLRC

(a)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)(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 to supplement the 58.012 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(c) of this title.
(c)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)(1)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)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)Under the plan, the Secretary may obligate amounts available under subsection (a)(5) or subsection (b) 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)The plan shall be reviewed periodically, but not less frequently than once every 3 years.
(e)Within 12 months after the completion of the national plan under subsection (d)(1), 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);
(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)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)(1)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For

Effective Date

of this subsection, referred to in subsec. (c), see

Effective Date

of 1984 Amendment note below. The Clean Vessel Act of 1992, referred to in subsec. (f), is subtitle F of title V of Pub. L. 102–587, Nov. 4, 1992, 106 Stat. 5086, which amended this section and section 777c of this title and enacted provisions set out as a note under section 1322 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see

Short Title

note set out under section 1322 of Title 33 and Tables.

Amendments

2015—Subsec. (b)(2). Pub. L. 114–94 substituted “58.012 percent” for “57 percent”. 2005—Subsec. (b)(2). Pub. L. 109–59, § 10114(1), substituted “to supplement the 57 percent of the balance of each annual appropriation to be apportioned among the States under section 777c(c) of this title” for “in carrying out the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation”. Subsec. (d)(3). Pub. L. 109–59, § 10114(2), substituted “subsection (a)(5) or subsection (b)” for “subsection (c) or (d)” in introductory provisions. 1998—Subsec. (b)(1). Pub. L. 105–178, § 7402(c)(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. Subsec. (c). Pub. L. 105–178, § 7402(c)(3), 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. Subsecs. (d) to (f). Pub. L. 105–178, § 7402(c)(4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). Subsec. (g). Pub. L. 105–178, § 7404(b), as amended by Pub. L. 105–206, § 9012(c), added subsec. (g). 1992—Subsec. (b)(1). Pub. L. 102–587, § 5604(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.” Subsec. (b)(2). Pub. L. 102–587, § 5604(b)(2), substituted “four fiscal years” for “fiscal year” after first reference to “succeeding” and “period” for second reference to “succeeding fiscal year”. Subsec. (c). Pub. L. 102–587, § 5604(b)(3), inserted “and outreach” after “education”. Subsec. (d). Pub. L. 102–587, § 5604(b)(4), added subsec. (d). 1984—Pub. L. 98–369 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1970—Pub. L. 91–503 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 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date

of 2005

Amendments

From Aug. 10, 2005, to end of fiscal year 2005, subsecs. (b)(2) and (d)(3) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of this title. Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of this title.

Effective Date

of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–369 effective Oct. 1, 1984, and applicable with respect to fiscal years beginning after Sept. 30, 1984, see section 1014(b) of Pub. L. 98–369, set out as a note under section 777 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 777g

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73