16 U.S.C. § 757a — Anadromous, Great Lakes, and Lake Champlain fisheries
submitted 61 years ago by Pub. L. 89-304 to r/title-16-CONSERVATION · 667 words · no verdicts yet
The Secretary of the Interior may make cooperative agreements with States and other non-Federal interests to conserve, develop, and improve certain anadromous fish and spawning fish in the Great Lakes and Lake Champlain. The section sets required agreement terms, generally limits the Federal share to 50 percent, and allows higher shares in specified interstate programs.
(a) Conservation, development, and enhancement; cooperative agreements; costs. The Secretary of the Interior may make cooperative agreements with one or more States, together or separately, and when appropriate with other non-Federal interests. The purpose is to conserve, develop, and improve the Nation’s anadromous fishery resources within the States when water-resource development or other causes can reduce them, or when international agreements create United States conservation commitments. It also covers fish in the Great Lakes and Lake Champlain that travel up streams to spawn.
Each agreement must describe—(1) what the Secretary and cooperating parties will do; (2) the benefits expected for the States and other non-Federal interests; (3) the estimated cost; (4) the Federal and non-Federal shares of the cost; (5) the agreement’s term; (6) how real or personal property acquired by the Secretary will be disposed of during or at the end of the term; and (7) other terms and conditions the Secretary considers desirable. Except as subsection (c) provides, the Federal share, including operation and maintenance costs of facilities the Secretary builds under sections 757a–757f that the Secretary annually determines are properly Federal costs, may not exceed 50 percent of those costs. The value of Federal land is excluded from that calculation. The non-Federal share may be money or real or personal property valued by the Secretary.
(b) Operation, management, and administration of property; research. (1) The Secretary may make agreements with States for operating facilities and managing and administering lands or interests in land acquired, or facilities built, under sections 757a–757f. (2) While carrying out responsibilities under this section, the Secretary must conduct, promote, and encourage research to prepare for using ecosystem and interspecies approaches to conserving and managing anadromous and Great Lakes fishery resources.
(c) Increase of Federal share. (1) If two or more States with a common interest in a basin jointly make an agreement with the Secretary under subsection (a) for a research and development program to conserve, develop, and improve the covered fish, the Federal share of the program costs shall be increased to a maximum of 66⅔ percent. Here, “basin” includes rivers and tributaries, lakes, and other bodies of water or parts of them. (2) If a State has put into effect an interstate fishery-management plan for anadromous fishery resources prepared by an interstate commission, the Federal share of a grant under this section for activities required by that plan may be up to 90 percent. “Interstate commission” means—(A) the commission created by the Atlantic States Marine Fisheries Compact, as approved by Public Law 80–77 on May 4, 1942 (56 Stat. 267); (B) the commission created by the Pacific Marine Fisheries Compact, as approved by Public Law 80–232 on July 24, 1947 (16 Stat. 419); or (C) the commission created by the Gulf States Marine Fisheries Compact, as approved by Public Law 81–66 on May 19, 1949 (63 Stat. 70).
For the purpose of conserving, developing, and enhancing within the several States the anadromous fishery resources of the Nation that are subject to depletion from water resources developments and other causes, or with respect to which the United States has made conservation commitments by international agreements, and for the purpose of conserving, developing, and enhancing the fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the Secretary of the Interior is authorized to enter into cooperative agreements with one or more States, acting jointly or severally, that are concerned with the development, conservation, and enhancement of such fish, and, whenever he deems it appropriate, with other non-Federal interests. Such agreements shall describe (1) the actions to be taken by the Secretary and the cooperating parties, (2) the benefits that are expected to be derived by the States and other non-Federal interests, (3) the estimated cost of these actions, (4) the share of such costs to be borne by the Federal Government and by the States and other non-Federal interests: Provided, That, except as provided in subsection (c) of this section, the Federal share, including the operation and maintenance costs of any facilities constructed by the Secretary pursuant to sections 757a to 757f of this title, which he annually determines to be a proper Federal cost, shall not exceed 50 per centum of such costs exclusive of the value of any Federal land involved: Provided further, That the non-Federal share may be in the form of real or personal property, the value of which will be determined by the Secretary, as well as money, (5) the term of the agreement, (6) the terms and conditions for disposing of any real or personal property acquired by the Secretary during or at the end of the term of the agreement, and (7) such other terms and conditions as he deems desirable.
The Secretary may also enter into agreements with the States for the operation of any facilities and management and administration of any lands or interests therein acquired or facilities constructed pursuant to sections 757a to 757f of this title.
In carrying out responsibilities under this section, the Secretary shall conduct, promote, and encourage research in preparation for the implementation of the use of ecosystems and interspecies approaches to the conservation and management of anadromous and Great Lakes fishery resources.
Whenever two or more States having a common interest in any basin jointly enter into a cooperative agreement with the Secretary under subsection (a) of this section to carry out a research and development program to conserve, develop, and enhance anadromous fishery resources of the Nation, or fish in the Great Lakes and Lake Champlain that ascend streams to spawn, the Federal share of the program costs shall be increased to a maximum of 66⅔ per centum. For the purpose of this subsection, the term “basin” includes rivers and their tributaries, lakes, and other bodies of water or portions thereof.
In the case of any State that has implemented an interstate fisheries management plan for anadromous fishery resources, prepared by an interstate commission, the Federal share of any grant made under this section to carry out activities required by such plan shall be up to 90 percent. For purposes of this paragraph, the term “interstate commission” means—
the commission established by the Atlantic States Marine Fisheries Compact (as consented to and approved by Public Law 80–771), approved May 4, 1942 (56 Stat. 267);
the commission established by the Pacific Marine Fisheries Compact (as consented to and approved by Public Law 80–2321), approved July 24, 1947 (16 Stat. 419); and
the commission established by the Gulf States Marine Fisheries Compact (as consented to and approved by Public Law 81–66), approved May 19, 1949 (63 Stat. 70).
Source credit: (Pub. L. 89–304, § 1, Oct. 30, 1965, 79 Stat. 1125; Pub. L. 91–249, § 1, May 14, 1970, 84 Stat. 214; Pub. L. 93–362, § 3(a), July 30, 1974, 88 Stat. 398; Pub. L. 95–464, Oct. 17, 1978, 92 Stat. 1278; Pub. L. 96–118, § 1, Nov. 16, 1979, 93 Stat. 859; Pub. L. 97–453, § 14(b)(1), Jan. 12, 1983, 96 Stat. 2492; Pub. L. 98–44, title I, § 104, July 12, 1983, 97 Stat. 216; Pub. L. 107–372, title III, § 303(b), Dec. 19, 2002, 116 Stat. 3095.)
- 1965Enacted · Pub. L. 89-304 · 79 Stat. 1125
- 1970Amended · Pub. L. 91-249 · 84 Stat. 214
- 1974Amended · Pub. L. 93-362 · 88 Stat. 398
- 1978Amended · Pub. L. 95-464 · 92 Stat. 1278
- 1979Amended · Pub. L. 96-118 · 93 Stat. 859
- 1983Amended · Pub. L. 97-453 · 96 Stat. 2492
- 1983Amended · Pub. L. 98-44 · 97 Stat. 216
- 2002Amended · Pub. L. 107-372 · 116 Stat. 3095
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-304 on 1965-10-30.
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