PART II FISH AND FISHERIES A. Federal aid programs relating to the sport and commercial fisheries 1. FEDERAL AID IN SPORT FISH RESTORATION Popular Names Dingell-Johnson Act and Federal Aid in Fish Restoration Act Act of August 9, 1950 (64 Stat. 430), as amended (16 U.S.C. 777–777k) Table of Contents Sec. 1. Cooperation between Federal government and State; conditions on expenditure of funds. Sec. 2. Definitions. Sec. 3. Appropriations. Sec. 4. Funds available for expenses of investigations and administration; apportionment. Sec. 5. Certification of funds and amounts apportioned; notification by State Sec. 8. Maintenance of projects. Sec. 9. Employment of personnel. Sec. 11. Reports to Congress. Sec. 12. Payment of funds to and cooperation with Puerto Rico, Guam, and the Virgin Islands. Sec. 13. Effective date. COOPERATION BETWEEN FEDERAL GOVERNMENT AND STATE; CONDITIONS ON EXPENDITURE OF FUNDS SECTION 1. 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 Act 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 act 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 Act, 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 Act shall agree upon the fish restoration and management projects to be 41-802-65- -4 aided in such State under terms of this Act, and all projects shall conform to the standards fixed by the Secretary of the Interior. (Aug. 9, 1950, c. 658, § 1, 64 Stat. 430.) HISTORICAL NOTE Assent by Governor of Territory of Hawaii.-Assent of the Governor of the Territory as sufficient until the final adjournment of the first regular session of the legislature of the Territory held after July 2, 1956, see section 5 of Act July 2, 1956, c. 489, 70 Stat. 473. DEFINITIONS SEC. 2.. For the purpose of this Act the term "fish restoration and management projects" shall be construed to mean projects designed for the restoration and management of all species of fish which have material value in connection with sport or recreation in the marine and/or fresh waters of the United States and include (a) such research into problems of fish management and culture as may be necessary to efficient administration affecting fish re sources; (b) the acquisition of such facts as are necessary to guide and direct the regulation of fishing by law, including the extent of the fish population, the drain on the fish supply from fishing and/or natural causes, the necessity of legal regulation of fishing, and the effects of any measures of regulation that are applied; (c) the formulation and adoption of plans of restocking waters with food and game fishes according to natural areas or districts to which such plans are applicable, together with the acquisition of such facts as are necessary to the formulation, execution, and testing the efficacy of such plans; (d) the selection, restoration, rehabilitation, and improvement of areas of water or land adaptable as hatching, feeding, resting, or breeding places for fish, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes, and such preliminary or incidental costs and expenses as may be incurred in and about such works; the term "State fish and game department" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department. (Aug. 9, 1950, c. 658, § 2, 64 Stat. 431; July 2, 1956, c. 489, § 3, 70 Stat. 473; as amended July 12, 1960, § 12, 74 Stat. 413.) HISTORICAL NOTE 1956 Amendment.-Act July 2, 1956, amended section to include the definition of "State." Admission of Hawaii as State.-Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868, 73 Stat. c. 74, 1960 Amendment.-Subsec. (d), Pub. L. 86-624 eliminated APPROPRIATIONS SEC. 3.-To carry out the provisions of this Act, there is authorized to be appropriated an amount equal to the revenue accruing from tax imposed by section 3406 of Title 26, on fishing rods, creels, reels, and artificial lures, baits, and flies during the fiscal year ending June 30, 1951, and each fiscal year thereafter. The appropriation made under the provisions of this section for each fiscal year shall continue available during the succeeding fiscal year. So much of such appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this Act which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport and recreation. (Aug. 9, 1950, c. 658, § 3, 64 Stat. 431.) HISTORICAL NOTE References in Text.-Section 3406 referred to in text, is a reference to section 3406 of the Internal Revenue Code, 1939, which was repealed by section 7851 of Title 26, I.R.C. 1954, and is now covered by sections 4121, 4131, 4161, 4171-4173, 4191, 4192, and 4221 of Title 26, I.R.C. 1954. For provision deeming a reference in other laws to a provision of I.R.C. 1939, also as a reference to corresponding provision of I.R.C. 1954, see section 7852 (b) of Title 26, U.S. Code. FUNDS AVAILABLE FOR EXPENSES OF INVESTIGATIONS AND ADMINISTRATION; APPORTIONMENT SEC. 4. So much, not to exceed 8 per centum, of each annual appropriation made in pursuance of the provisions of section 3 of this Act as the Secretary of the Interior may estimate to be necessary for his expenses in the conduct of necessary investigations, administration, and the execution of this Act and for aiding in the formulation, adoption, or administration of any compact between two or more States for the conservation and management of migratory fishes in marine or fresh waters shall be deducted for that purpose, and such sum is authorized to be made available there for until the expiration of the next suceeding fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion the remainder of the appropriation for each fiscal year among the several States in the following manner, that is to say, 40 per centum in the ratio which the area of each State including coastal and Great Lakes waters (as determined by the Secretary of the Interior) bears to the total area of all the States and 60 per centum in the ratio which the number of persons holding paid licenses to fish for sport or recreation in the State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the number of such persons in all the States: Provided, That such apportionments shall be adjusted equitably so that no State shall receive less than 1 per centum nor more than 5 per centum of the total amount apportioned to all the States: Provided further, That where the apportionment to any State under this section is less than $4,500 annually, the Secretary of the Interior may allocate not more than $4,500 of said appropriation to said State to carry out the purposes of this Act when said State certifies to the Secretary of the Interior that it has set aside not less than $1,500 from its fish-and-game funds or has made, through its legislature, an appropriation in this amount for said purposes. So much of any sum not allocated under the provisions of this section for any fiscal year is authorized to be made available for expenditure to carry out the purposes of this Act until the close of the succeeding fiscal year, and if unexpended or unobligated at the end of such year such sum is authorized to be made available for expenditure by the Secretary of the Interior in carrying on the research program of the Fish and Wildlife Service in respect to fish of material value for sport or recreation. (Aug. 9, 1950, c. 658, § 4, 64 Stat. 432.) CERTIFICATION OF FUNDS AND AMOUNTS APPORTIONED; NOTIFICATION BY STATE OF INTENT TO ACCEPT; USE OF FUNDS WHERE STATE FAILS TO ACCEPT SEC. 5. For each fiscal year beginning with the fiscal year ending June 30, 1951, the Secretary of the Interior shall certify to the Secretary of the Treasury, and to each State fish and game department, the sum which he has estimated to be deducted for administering and executing this Act and the sum which he has apportioned to each State for such fiscal year. Any State desiring to avail itself of the benefits of this Act shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the fish-research program of the Fish and Wildlife Service. (Aug. 9, 1950, c. 658, § 5, 64 Stat. 432.) SUBMISSION OF DETAILED STATEMENT OF PROJECTS; APPROVAL; LIMITATIONS SEC. 6. Any State desiring to avail itself of the benefits of this Act shall, by its State fish and game department, submit to the Secretary of the Interior full and detailed statements of any fish-restoration and management project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set up by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require: Provided, however, That the Secretary of the Interior shall approve only such projects as may be substantial in character and design, and the expenditure of funds authorized shall be applied only to such approved projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act. Items included for engineering, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of such works and shall be paid by the State as a part of its contribution to the total cost of such works. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside so much of said appropriation as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. No payment of any money apportioned under this Act shall be made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have been submitted to and approved by the Secretary of the Interior. (Aug. 9, 1950, c. 658, § 6, 64 Stat. 432.) PAYMENTS BY SECRETARY OF THE INTERIOR SEC. 7. 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: Provided, That 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. 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 Act. 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, as work progresses, shall be made under this Act. 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. (Aug. 9, 1950, c. 658, § 7, 64 Stat. 433.) MAINTENANCE OF PROJECTS SEC. 8. To maintain fish-restoration and management projects established under the provisions of this Act shall be the duty of the States according to their respective laws: Provided, That beginning July 1, 1953, maintenance of projects heretofore completed under the provisions of this Act may be considered as projects under this Act: Provided further, That not more than 25 per centum of the allocation from Federal funds in any one year after July 1, 1953, may be set |