16 U.S.C. § 4104 — State projects
submitted 40 years ago by Pub. L. 99-659 to r/title-16-CONSERVATION · 648 words · no verdicts yet
States may propose fishery-resource projects for the Secretary’s approval. The section sets limits on project costs, Federal funding, and use of appropriated money.
(a)(1) A State*, through its State agency* or an interstate commission*, may submit a project* proposal with complete plans, specifications, and cost estimates. Engineering, planning, inspection, and unforeseen-contingency items together may not exceed 10 percent of the works’ total cost, and the State must pay that amount as part of its contribution. (2) Funds authorized by section 4107 may not be obligated for a project until the proposal is submitted and approved. Before approval, the Secretary* must evaluate the design; prospects for productive results; avoidance of duplication with other research on interjurisdictional fishery resources; project organization and management; proposed monitoring and evaluation; consistency with this chapter’s purposes in section 4101; and any other criteria the Secretary prescribes. (3) The Federal share may not exceed 75 percent of estimated total cost, unless the State has adopted an interstate fishery-management plan for the resource or regulations the Secretary finds consistent with a Federal plan for the species. In either case, the share may not exceed 90 percent. (4)(A) The Secretary must promptly give the submitting State agency, or the interstate commission and State, written notice of approval or disapproval. A disapproval must include detailed reasons. (B) Funds are treated as obligated in the fiscal year when that written approval notice is made.
(b) Funds may be spent only on projects approved under subsection (a). However, up to $25,000 per fiscal year may be obligated for a State agreement with the Secretary or Interior Secretary making State and Federal personnel, services, and equipment mutually available to enforce fishery-resource protection laws. If funds are used otherwise, the State must replace them before receiving more funds under this chapter.
(c) When the Secretary determines that an approved project is complete, or otherwise considers it appropriate, the Secretary must pay the Federal share to the State’s proper authority, or, if specified by the State agency, to the interstate commission’s designated official or depository. A payment to an interstate commission counts against the concerned State’s apportionment.
Any State* may, through its State agency* or an interstate commission*, submit to the Secretary* a proposal for a project* which includes full plans, specifications, and cost estimates for such project. The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed project shall not exceed 10 percent of the total cost of such works, and shall be paid by the State as a part of its contribution to the total cost of the works.
No part of any funds appropriated under any authorization contained in section 4107 1 of this title may be obligated with respect to any project until the proposal for such project has been submitted under paragraph (1) and approved by the Secretary. The Secretary, before approving any proposal for a project, must evaluate the proposal as to—
the soundness of design;
the possibilities of securing productive results;
the minimization of duplication with other research projects in support of the management of interjurisdictional fishery resources and carried out under this chapter or under any other law or regulation;
the organization and management of the project;
the methods proposed for monitoring and evaluating the success or failure of the project;
the consistency of the project with the purposes of this chapter specified in section 4101 of this title; and
such other criteria as the Secretary may prescribe.
The Federal share of the cost of any project conducted under this chapter shall not exceed 75 percent of the total estimated cost of the project, unless—
the State has adopted an interstate fishery management plan* for the resource to which the project applies; or
the State has adopted fishery regulations which the Secretary has determined are consistent with any Federal fishery management plan* for the species to which the project applies;
in which case the Federal share shall not exceed 90 percent of the total estimated cost of the project.
If the Secretary approves or disapproves a proposal for a project, the Secretary shall promptly give written notification, including, if disapproved, a detailed explanation of the reasons for the disapproval, to the State agency submitting the proposal or, if the proposal is submitted through an interstate commission, such commission and the State.
For the purposes of this chapter, funds apportioned under this section to any State shall be treated as having been obligated with respect to a project during the fiscal year in which the written notification of approval required under subparagraph (A) for the project proposal is made.
The expenditure of funds under this chapter shall be applied only to projects for which a proposal has been approved under subsection (a), except that up to $25,000 each fiscal year may be obligated for a State to carry out an agreement with the Secretary or the Secretary of the Interior under which the personnel, services and equipment of the State and the Federal agency concerned will be made mutually available for the enforcement of Federal and State laws pertaining to the protection of fishery resources. If otherwise applied, such funds shall be replaced by the State before the State may receive any additional funds under this chapter.
When the Secretary determines that a project carried out under a proposal approved by the Secretary has been completed, or where the Secretary otherwise deems it appropriate, the Secretary shall cause to be paid to the proper authority of the State, or to the official or depository designated by the interstate commission if the State agency specifies that payment is to be made to the interstate commission, the Federal share of the project. Any payment made to an interstate commission shall be charged against the apportionment of the State concerned.
Source credit: (Pub. L. 99–659, title III, § 305, Nov. 14, 1986, 100 Stat. 3734.)
- 1986Enacted · Pub. L. 99-659 · 100 Stat. 3734
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-659 on 1986-11-14.
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