16 U.S.C. § 777f: Payments by United States

Summary

The Secretary of the Interior must pay the money set aside for a project after he finds the project finished, or for research projects when they are being done under the approved plans. He can make progress payments as work goes on, but total federal payments cannot be more than the United States’ share. If a State makes a comprehensive fish and wildlife plan and the Secretary approves it, he may advance funds for the agreed U.S. share under rules he sets. Construction and labor must follow state law and be run by the State fish and game department, with the Secretary able to inspect and approve the work. The Secretary and the State fish and game department decide together when and how much to pay. Payments come from the federal appropriation and go to the state official or depository the State names and that state law allows to receive public money.

Title 16, §777f

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(a)Payments and advances to States

When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to fish, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States’ pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan as provided for under option (1) of subsection (a) of section 777e of this title, and this plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations, as he may prescribe, advance funds to the State for financing the United States’ pro rata share agreed upon between the State fish and game department and the Secretary.

(b)Construction work; joint payments

Any construction work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with the rules and regulations made pursuant to this chapter. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this chapter. Such payments shall be made against the said appropriation to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1970—Pub. L. 91–503 divided existing provisions into subsecs. (a) and (b) and authorized advance payments by the Secretary to the States for financing the United States’ pro rata share of the comprehensive fish and wildlife plan.

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.

§777f Payments by United States