New England Fishery Resources Restoration Act of 1990 (16 U.S.C. 777e-1-777f)

Page 1276 TITLE 16—CONSERVATION § 777e–1 1 So in original. Probably should be ‘‘from’’. (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 pro grams 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 acquisi tion 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 inter ests therein and the construction of structures or facilities for 1 appropriations currently avail able for the purposes of this chapter; and to agree to finance up to 75 per centum of the re maining 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. (Aug. 9, 1950, ch. 658, § 6, 64 Stat. 432; Pub. L. 91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1102; Pub. L. 98–369, div. A, title X, § 1014(a)(5), July 18, 1984, 98 Stat. 1016.) AMENDMENTS 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). EFFECTIVE DATE OF 1984 AMENDMENT Amendment 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. TRANSFER OF FUNCTIONS 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. § 777e–1. New England Fishery Resources Res toration Act of 1990 (a) Short title This section may be cited as the ‘‘New Eng land Fishery Resources Restoration Act of 1990’’. (b) Purposes The purposes of this section are to— (1) ensure timely and effective implementa tion of restoration plans and programs for At lantic salmon and other fishery resources of selected river systems in New England; (2) complete a study of fish passage impedi ments and requirements on small streams and rivers in New England; and (3) develop an inventory of important fish and wildlife habitat and other natural areas of river basins in New England. (c) Implementation of fishery resource restora tion plans The Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, in consultation with the Assistant Ad ministrator for Fisheries of the National Oce anic and Atmospheric Administration shall for mulate, establish and implement programs to restore and maintain nationally significant, interjurisdictional fishery resources originating in New England river systems, including the Connecticut, Thames, Pawcatuck, Merrimack, Saco, Androscoggin, Kennebec, Sheepscot, Duck Trap, St. George, Penobscot, Union, Narraguagus, Pleasant, Machias, Dennys, St. Croix, Meduxnekeag and Aroostock and their tributaries. These programs shall be in accord ance with the schedule and responsibilities es tablished in comprehensive basin-wide restora tion plans prepared by the Director in coopera tion with State, local, and other entities in volved and interested in the conservation and management of the affected fishery resources. Preparation and periodic revision of restoration plans, and their implementation, shall be based on a Memorandum of Agreement for each res toration program which shall be entered into by the Director and cooperating entities. The Di rector shall prepare and submit to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Environment and Public Works an annual report documenting activities undertaken and accomplishments achieved in fulfillment of this section, including an assessment of the prognosis for restoration of each of the stocks and species involved. (d) Fish passage study The Director shall conduct a study to identify impediments to upstream and downstream pas sage of fish in rivers and streams in the New England States due to dams that are not li censed by the Federal Energy Regulatory Com mission or other human-caused obstructions. In addition, the study shall identify actions needed to alleviate those impediments where desirable and feasible. The study shall include, but not be limited to, identifying— (1) all dams not licensed by the Federal En ergy Regulatory Commission and other human-caused obstructions on New England rivers and streams where construction of up stream or downstream fish passage facilities or their removal would benefit fishery re sources, including an estimate of the degree of benefits expected; and (2) the proposed nature and size and esti mated cost of appropriate fish passage facili ties or other actions determined to be nec essary and feasible or each dam or other ob struction identified in response to paragraph (1). The Director shall provide notice to the public of the extent and nature of the study by publica tion of such information in major newspapers in the region and by other appropriate means. Within three years of November 16, 1990, the Di Page 1277 TITLE 16—CONSERVATION § 777f 1 So in original. Probably should be ‘‘subsection’’. rector shall submit a report containing the find ings, conclusions and recommendations of the study to the House Committee on Merchant Ma rine and Fisheries and the Senate Committee on Environment and Public Works. (e) New England rivers fish and wildlife inven tory The Director shall inventory the natural val ues of river basins in New England, including the Connecticut, Pawcatuck, Acushnet, North and South (in Plymouth County, Massachu setts), Charles, Merrimack, Saco, Androscoggin, Kennebec, Penobscot, Union, St. Croix, and Aroostock Rivers and their tributaries, and identify fish and wildlife habitat in most need of protection or where public access to the rivers should be provided. In addition, the Director shall, in cooperation with appropriate State agencies and local governments and after pro viding notice and opportunity for public com ment, identify appropriate public or private measures for providing the necessary protection or access for each area included in the inven tory. Within two years of November 16, 1990, the Director shall submit a report containing the findings, conclusions, and recommendations of the inventory and assessment to the House Com mittee on Merchant Marine and Fisheries and the Senate Committee on Environment and Pub lic Works. (f) Authorization of appropriations There are authorized to be appropriated to the Director— (1) $5,000,000 per year for fiscal years 1991, 1992, 1993, 1994, and 1995 to implement fishery resource restoration plans and programs, ex cept for activities related to the design and construction of fish passage facilities, as di rected by subsection (c) of this section; (2) $500,000 per year for fiscal years 1991, 1992, and 1993 to conduct the study required under subsection (d) of this section; and (3) $500,000 to conduct the inventory and as sessment required under section 1 (e) of this section. (Pub. L. 101–593, title I, § 111, Nov. 16, 1990, 104 Stat. 2960.) REFERENCES IN TEXT This section, referred to in subsec. (b), was in the original ‘‘this Act’’, which probably was intended as a reference to New England Fishery Resources Restora tion Act of 1990, section 111 of Pub. L. 101–593, title I, Nov. 16, 1990, 104 Stat. 2960, which is classified generally to this section. CODIFICATION Section was enacted as the New England Fishery Re sources Restoration Act of 1990, and not as part of the Fish Restoration and Management Projects Act which comprises this chapter. ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish eries, wildlife, international fishing agreements, ma rine affairs (including coastal zone management) ex cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 777f. Payments by United States (a) Payments and advances to States When the Secretary of the Interior shall find that any project approved by him has been com pleted 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 speci fications. If a State has elected to avail itself of the benefits of this chapter by preparing a com prehensive 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 de termine 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 de pository, 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. (Aug. 9, 1950, ch. 658, § 7, 64 Stat. 433; Pub. L. 91–503, title II, § 202, Oct. 23, 1970, 84 Stat. 1103.) 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. TRANSFER OF FUNCTIONS 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.