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Title 16, ConservationRelease 119-110

§777e Submission and Approval of Plans and Projects

Title 16 › CHAPTER 10B — FISH RESTORATION AND MANAGEMENT PROJECTS › § 777e

Last updated Sep 23, 2026|Official source

Summary

States that want money under this program must have their state fish and game department send either a broad management plan or a detailed project to the Secretary of the Interior. A broad plan must cover at least five years, be based on 15-year needs and desires, be updated at least every three years, and follow any format the Secretary requires. If the Secretary finds the plan meets his standards and approves an annual agreement, he may pay up to 75% of the cost of approved parts of the plan. Or a State can submit a single detailed project. If the Secretary approves that project and the required surveys, plans, and cost estimates, he will set aside up to 75% of the estimated cost. The Secretary will only approve substantial plans or projects. Money may only be used for approved work, and the State must return any funds used otherwise before getting more. No payment is made until the Secretary approves the State’s participation agreement. If a State chooses the broad-plan option, the word “project” can mean a fishery program. Administrative overhead charged to these programs from other state central services cannot exceed 3% of the State’s annual apportionment. The Secretary may also agree to finance up to 75% of initial land purchase or construction costs and up to 75% of remaining costs over time, but U.S. liability depends on funds continuing to be available.

Full Legal Text

Title 16, §777e

Conservation, Source: USLM XML via OLRC

(a)Apportionment of funds
Any State desiring to avail itself of the benefits of this chapter shall, by its State fish and game department, submit programs or projects for fish restoration 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 insure the perpetuation of these resources for the economic, 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 desires and needs of the people for a period of not less than fifteen years. It shall include provisions for updating 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 implementing segments of those plans meeting the purposes of this chapter from funds apportioned under this chapter upon his approval of an annual agreement submitted to him.
(2)A State may elect to avail itself of the benefits of this chapter by its State fish and game department 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, specifications, 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 immediately 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 substantial in character and design and the expenditure of funds 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 under this chapter 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)“Project” defined
If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of subsection (a) of this section, then the term “project” may be defined 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 fish and game department charged against programs or projects supported by funds made available under this chapter shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State.
(d)Agreements to finance initial costs of acquisition of lands and construction of structures
The Secretary of the Interior may enter into agreements to finance up to 75 per centum of the initial costs of the acquisition of lands or interests therein and the construction of structures or facilities from appropriations currently available for the purposes of this chapter; and to agree to finance up to 75 per centum of the remaining costs over such a period of time as the Secretary may consider necessary. The liability of the United States in any such agreement is contingent upon the continued availability of funds for the purposes of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (d). Pub. L. 114–94 substituted “from appropriations” for “for appropriations”. 1984—Subsec. (d). Pub. L. 98–369 added subsec. (d). 1970—Subsec. (a). Pub. L. 91–503 added an alternative method of application for funds by submission of a comprehensive fish and wildlife resource management plan for a period of five years based on projections for fifteen years, to be updated every three years, laid down a maximum limit of assistance of 75 percent of the estimated cost of the implementation of plan, and in existing method of application struck out reference to Secretary of the Treasury and requirement that State pay 10 percent of costs. Subsecs. (b), (c). Pub. L. 91–503 added subsecs. (b) and (c).

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 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.

Executive Documents

Transfer of Functions

to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 777e

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110