§ 777. Federal-State relationships

§ 777. Federal-State relationships

(a) Cooperation between Federal Government and State fish and game departments; expenditure of funds The Secretary of the Interior is authorized and directed to cooperate with the States through their respective State fish and game departments in fish restoration and management projects as hereinafter set forth: No money apportioned under this chapter to any State, except as hereinafter provided, shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of fish, shall have assented to the provisions of this chapter and shall have passed laws for the conservation of fish, which shall include a prohibition against the diversion of license fees paid by fishermen for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after passage of this chapter, the assent of the governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this chapter shall agree upon the fish restoration and management projects to be aided in such State under the terms of this chapter, and all projects shall conform to the standards fixed by the Secretary of the Interior.

(b) Allocation of amounts by coastal States between marine fish projects and freshwater fish projects

(1) In general Subject to paragraph (2), each coastal State, to the extent practicable, shall equitably allocate amounts apportioned to such State under this chapter between marine fish projects and freshwater fish projects in the same proportion as the estimated number of resident marine anglers and the estimated number of resident freshwater anglers, respectively, bear to the estimated number of all resident anglers in that State.

(2) Preservation of freshwater project allocation at 1988 level

(A) Subject to subparagraph (B), the amount allocated by a State pursuant to this subsection to freshwater fish projects for each fiscal year shall not be less than the amount allocated by such State to such projects for fiscal year 1988.

(B) Subparagraph (A) shall not apply to a State with respect to any fiscal year for which the amount apportioned to the State under this chapter is less than the amount apportioned to the State under this chapter for fiscal year 1988.

(3) “Coastal State” defined As used in this subsection, the term “coastal State” means any one of the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington. The term also includes the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(Aug. 9, 1950, ch. 658, § 1, 64 Stat. 430; Pub. L. 98–369, div. A, title X, § 1014(a)(1), July 18, 1984, 98 Stat. 1015; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–448, § 6(c)(1), Sept. 28, 1988, 102 Stat. 1840.)

Editorial Notes

Amendments

1988—Subsec. (b). Pub. L. 100–448 substituted “Allocation of amounts by coastal States between marine fish projects and freshwater fish projects” for “Allocation of funds by coastal States; formula; ‘coastal State’ defined” in heading and amended text generally. Prior to amendment, text read as follows: “Each coastal State, to the extent practicable, shall equitably allocate the following sums between marine fish projects and freshwater fish projects in the same proportion as the estimated number of resident marine anglers and the estimated number of resident freshwater anglers, respectively, bear to the estimated number of all resident anglers in that State:

“(1) The additional sums apportioned to such State under this chapter as a result of the taxes imposed by the amendments made by section 1015 of the Tax Reform Act of 1984 on items not taxed under section 4161(a) of title 26 before October 1, 1984.

“(2) The sums apportioned to such State under this chapter that are not attributable to any tax imposed by such section 4161(a).

As used in this subsection, the term ‘coastal State’ means any one of the States of Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, and Washington. The term also includes the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas.”

1986—Subsec. (b)(1). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

1984—Pub. L. 98–369 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–448, § 6(e), Sept. 28, 1988, 102 Stat. 1841, provided that: “This section [enacting section 777l of this title, amending this section, sections 9503 and 9504 of Title 26, Internal Revenue Code, and sections 13102 and 13106 of Title 46, Shipping, enacting provisions set out as a note under section 13101 of Title 46, and repealing provisions set out as a note under section 13103 of Title 46] shall take effect October 1, 1988.”

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title X, § 1014(b), July 18, 1984, 98 Stat. 1016, provided that: “The amendments made by subsection (a) [amending this section and sections 777b, 777c to 777e, 777g, and 777k of this title] shall take effect on October 1, 1984, and shall apply with respect to fiscal years beginning after September 30, 1984.”

Effective Date

Act Aug. 9, 1950, ch. 658, § 13, 64 Stat. 434, which provided that the effective date of this chapter was July 1, 1950, was repealed by Pub. L. 106–408, title I, § 122(a)(1), Nov. 1, 2000, 114 Stat. 1772.

Short Title of 2012 Amendment

Pub. L. 112–141, div. C, title IV, § 34001, July 6, 2012, 126 Stat. 841, provided that: “This title [amending section 777c of this title] may be cited as the ‘Sport Fish Restoration and Recreational Boating Safety Act of 2012’.”

Short Title of 2005 Amendments

Pub. L. 109–74, § 1, Sept. 29, 2005, 119 Stat. 2030, provided that: “This Act [amending sections 777c and 777n of this title, section 9504 of Title 26, Internal Revenue Code, and section 13106 of Title 46, Shipping, enacting provisions set out as notes under section 777b of this title and section 9504 of Title 26, and repealing provisions set out as a note under section 777b of this title] may be cited as the ‘Sportfishing and Recreational Boating Safety Amendments Act of 2005’.”

Pub. L. 109–59, title X, § 10101, Aug. 10, 2005, 119 Stat. 1926, provided that: “This subtitle [subtitle A (§§ 10101–10143) of title X of Pub. L. 109–59, enacting section 777n of this title, amending sections 777b, 777c, 777g, 777g–1, 777h, 777k, and 777m of this title and sections 13102, 13104, and 13106 of Title 46, Shipping, enacting provisions set out as a note under section 777b of this title, and amending provisions set out as a note under this section and section 1322 of Title 33, Navigation and Navigable Waters] may be cited as the ‘Sportfishing and Recreational Boating Safety Act of 2005’.”

Short Title of 1998 Amendment

Pub. L. 105–178, title VII, § 7401(a), June 9, 1998, 112 Stat. 482, provided that: “This subtitle [subtitle D (§§ 7401–7405) of title VII of Pub. L. 105–178, enacting section 777g–1 of this title and amending sections 777a, 777c, and 777g of this title and sections 13104 and 13106 of Title 46, Shipping] may be cited as the ‘Sportfishing and Boating Safety Act of 1998’.”

Short Title of 1970 Amendment

Pub. L. 91–503, title II, § 204, Oct. 23, 1970, 84 Stat. 1104, provided that: “This title [amending sections 777c, 777e to 777g, and 777k of this title] may be cited as the ‘Federal Aid in Fish Restoration Act Amendments of 1970’.”

Short Title

Act Aug. 9, 1950, ch. 658, § 15, formerly § 16, formerly § 15, as added by Pub. L. 106–408, title I, § 101(c), Nov. 1, 2000, 114 Stat. 1763; renumbered § 16, Pub. L. 109–59, title X, § 10119, Aug. 10, 2005, 119 Stat. 1929; renumbered § 15, Pub. L. 114–94, div. A, title X, § 10001(g)(2), Dec. 4, 2015, 129 Stat. 1621, provided that: “This Act [enacting this chapter] may be cited as the ‘Dingell-Johnson Sport Fish Restoration Act’.”

Act Aug. 9, 1950, ch. 658, as amended, is also popularly known as the “Federal Aid in Fish Restoration Act” and the “Fish Restoration and Management Projects Act”.

Fisheries Restoration and Irrigation Mitigation