construct, equip, operate, and maintain a trout hatchery at an appropriate location on the Davidson River in the Pisgah National Forest, North Carolina. (June 18, 1956, ch. 404, § 1, 70 Stat. 292.)

APPROPRIATIONS

Section 2 of act June 18, 1956, authorized the appropriation of $375,000 to carry out the purposes of this section.

§ 760-4. Establishment of trout hatchery at Pittsford, Vermont.

The Secretary of the Interior shall develop, reconstruct, equip, operate, and maintain the Federal fish hatchery, known as the Holden trout hatchery, at Pittsford, Vermont, in accordance with the program established by the Fish and Wildlife Service, Department of the Interior, for the improvement of such hatchery. (Aug. 1, 1956, ch. 845, § 1, 70 Stat. 897.)

APPROPRIATIONS

Section 2 of act Aug. 1, 1956, authorized the appropriation of $220,000 to carry out the provisions of this section.

§ 760-5. Establishment of fish hatchery at Paint Bank, Virginia.

The Secretary of the Interior is authorized and directed to construct, equip, maintain, and operate a new fish hatchery in the vicinity of Paint Bank, Virginia. (Aug. 3, 1956, ch. 943, § 1, 70 Stat. 1020.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-6 of this title.

§ 760-6. Same; authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out section 760-5 of this title. (Aug. 3, 1956, ch. 943, § 2, 70 Stat. 1020.)

§ 760-7. Establishment of fish hatchery in West Virginia.

The Secretary of the Interior is authorized to establish, construct, equip, operate, and maintain a new fish hatchery in the State of West Virginia. (Aug. 6, 1956, ch. 978, § 1, 70 Stat. 1057.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760-8 of this title.

§ 760-8. Same; authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of section 760-7 of this title. (Aug. 6, 1956, ch. 978, § 2, 70 Stat. 1057.)

§ 760-9. Establishment of fish hatchery in Pennsylvania.

The Secretary of the Interior is authorized to establish, construct, equip, operate, and maintain a new fish hatchery in the northwestern part of the State of Pennsylvania. (Pub. L. 86-205, § 1, Aug. 25, 1959, 73 Stat. 430.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760-10 of this title.

§ 760-10. Same; authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of section 760-9 of this title. (Pub. L. 86-205, § 2, Aug. 25, 1959, 73 Stat. 430.)

§ 760-11. Acceptance and development of fish hatchery in South Carolina.

The Secretary of the Interior is authorized, in his discretion and upon such terms and conditions as he shall consider to be in the public interest, to accept by donation on behalf of the United States, title to the Orangeburg County, South Carolina, fish hatchery, together with the right to take adequate water from Orangeburg County Lake therefor. The Secretary is authorized to rehabilitate and expand the rearing ponds and other hatchery facilities, to purchase lands adjoining such station in connection with the rehabilitation and expansion of such facilities, and to equip, operate, and maintain said fish hatchery. (Pub. L. 86-572, § 1, July 5, 1960, 74 Stat. 311.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 760-12 of this title.

§ 760-12. Same; authorization of appropriations. There are hereby authorized to be appropriated such funds as may be necessary to carry out the purposes of section 760-11 of this title. (Pub. L. 86-572, § 2, July 5, 1960, 74 Stat. 311.)

§ 760a. Atlantic Coast fish study for development and protection of fish resources.

The Secretary of the Interior is directed to undertake a comprehensive continuing study of species of fish of the Atlantic coast, including bays, sounds. and tributaries, for the purpose of recommending to the States of such coast appropriate measures for the development and protection of such resources and their wisest utilization, whether for sports or commercial fishing or both, including the limitations on season, take per unit of time, per man, or per gear, or such other recommendations as will most effectively provide for the public the maximum production and utilization of such fish consistent with the maintenance of an adequate brood reserve. (Aug. 25, 1950, ch. 782, § 1, 64 Stat. 474.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760c of this title.

§ 760b. Same; cooperation of Federal departments and agencies.

The Secretary is directed to make application through appropriate channels to other Federal departments or agencies for such boats and other equipment in custody of such departments or agencies as may be suitable for studies authorized hereunder, and such Federal departments and agencies are authorized to transfer such boats and other equipment to the Department of the Interior without reimbursement of funds. (Aug. 25, 1950, ch. 782, § 2, 64 Stat. 474.).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760c of this title

§ 760c. Same; authorization of appropriations. There is authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, such sums, not in excess of $250,000 per annum, as may be necessary to carry out the purposes and objectives of sections 760a to 760c of this title. (Aug. 25, 1950, ch. 782, § 3, 64 Stat 474.)

§ 760d. Grants for education and training of personnel in the field of commercial fishing; apportionment; authorization of appropriations; regulations.

(a) The Secretary of the Interior is authorized to make grants, out of funds appropriated for the purposes of this section, to public and nonprofit private universities and colleges in the several States and Territories of the United States for such purposes as may be necessary to promote the eduction and training of professionally trained personnel (including scientists, technicians, and teachers) needed in the field of commercial fishing. Any amount appropri

ated for the purposes of this section shall be apportioned on an equitable basis, as determined by the Secretary of the Interior, among the several States and Territories for the purpose of making grants within each such State and Territory. In making such apportionment the Secretary of the Interior shall take into account the extent of the fishing industry within each State and Territory as compared with the total fishing industry of the United States (including Territories), and such other factors as may be relevant in view of the purposes of this section.

(b) There are authorized to be appropriated not in excess of $550,000 for the fiscal year beginning on July 1, 1955, and for each fiscal year thereafter for the purposes of this section.

(c) The Secretary of the Interior may establish such regulations as may be necessary to carry out the provisions of this section. (Aug. 8, 1956, ch. 1039, § 1, 70 Stat. 1126.)

§ 760e. Study of migratory game fish; waters; research; purpose.

The Secretary of Commerce is directed to undertake a comprehensive continuing study of the migratory marine fish of interest to recreational fishermen of the United States, including species inhabiting the offshore waters of the United States and species which migrate through or spend a part of their lives in the inshore waters of the United States. The study shall include, but not be limited to, research on migrations, identity of stocks, growth rates, mortality rates, variations in survival, environmental influences, both natural and artificial, including pollution, and effects of fishing on the species, for the purpose of developing wise conservation policies and constructive management activities. (Pub. L. 86-359, § 1, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. -.)

TRANSFER OF FUNCTIONS

Secretary of Commerce has been substituted for Secretary of the Interior pursuant to Reorg. Plan No. 4 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Secretary of Commerce the functions vested in the Secretary of the Interior by Pub. L. 86-359, relating to migratory marine species of game fish.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7601, 760g of this title.

9760f. Same; authorization to acquire facilities, employ officers and employees, cooperate with State and other agencies, and to publish results. For the purpose of carrying out the provisions of

sections 760e to 760g of this title, the Secretary of Commerce is authorized (1) to acquire lands, construct laboratory or other buildings, purchase boats, acquire such other equipment and apparatus, and to employ such officers and employees as he deems necessary; (2) to cooperate or contract with State and other institutions and agencies upon such terms and conditions as he determines to be appropriate; and (3) to make public the results of such research conducted pursuant to section 760e of this title. (Pub. L. 86-359, § 2, Sept. 22, 1959, 73 Stat. 642; 1970 Reorg. Plan No. 4, § 1(b), eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat.

TRANSFER OF FUNCTIONS

Secretary of Commerce has been substituted for Secretary of the Interior pursuant to Reorg. Plan No. 4 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which transferred to the Secretary of Commerce the functions vested in the Secretary of the Interior by Pub. L. 86-359, relating to migratory marine species of game fish.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760g of this title.

§ 760g. Same; authorization of appropriations.

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 760e to 760g of this title: Provided, That no more than $2,700,000 be appropriated for this purpose in any one fiscal year. (Pub. L. 86359, § 3, Sept. 22, 1959, 73 Stat. 643.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760f of this title.

§ 760h. Shellfisheries research center; establishment;

purpose.

The Secretary of the Interior, acting through the United States Fish and Wildlife Service, is authorized and directed to construct at Milford, Connecticut, a research center for shellfisheries production and for such purpose acquire such real property as may be necessary. Such research center shall consist of research facilities, a pilot hatchery including rearing tanks and ponds, and a training school, and shall be used for the conduct of basic research on the physiology and ecology of commercial shellfish, the development of hatchery methods for cultivation of mollusks, including the development of principles that can be applied to the utilization of artificial and natural salt water ponds for shellfish culture, and to train persons in the most advanced methods of shellfish culture. (Pub. L. 87-173, § 1,

Aug. 30, 1961, 75 Stat. 409.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7601 of this title.

§ 760i. Same; authorization of appropriations.

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $1,325,000 to carry out section 760h of this title. (Pub. L. 87-173, § 2, Aug. 30, 1961, 75 Stat. 409.)

§ 760j. Propagation of disease resistant oysters; acquisition of brood stock; transfer and distribution; States to share cost.

The Secretary of the Interior is authorized with respect to those States where he finds that excessive

mortality of oysters presents an immediate and substantial threat to the economic stability of the oyster industry in such area or region, to acquire oyster brood stock that he believes possesses resistance to the causative agent of such excessive mortality. The Secretary may thereafter transfer such brood stock to the particular States involved for planting in spawning sanctuaries and protection of such State or States. Distribution of the resultant seed oysters by the States shall be in accordance with plans and procedures that are mutually acceptable to the Secretary and the cooperating States: Provided, That the purchase of oyster brood stock hereunder by the Secretary shall be conditional upon the participating State or States, in each instance, paying one-third of the cost of such brood stock. The Secretary of the Interior is authorized to cooperate with the States in any manner necessary to accomplish the purposes of sections 760j to 7607 of this title. (Pub. L. 87-580, § 1, Aug. 9, 1962, 76 Stat. 356.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 760k, 7601 of this title.

§760k. Same; grants to States for research and other necessary activities; conditions.

Sec. 777.

The Secretary of the Interior is authorized to

make grants to the States referred to in section 760j of this title for the purpose of assisting such States in the financing of research and other activities necessary in the development and propagation of disease-resistant strains of oysters. A grant under this section shall be made upon agreement by the State to use the proceeds thereof only for the purposes specified in this section and to use an additional amount for such purposes from State or other non-Federal sources equal to at least 50 per centum of the amount of such grant. (Pub. L. 87-580, § 2, Aug. 9, 1962, 76 Stat. 356.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7601, 760% of this title.

§ 7601. Same; authorization of appropriations.

There is authorized to be appropriated such sum. not to exceed $100,000, as may be necessary to carry out the provisions of sections 760j to 7601 of this title. (Pub. L. 87-580, § 3, Aug. 9, 1962, 76 Stat. 357.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 760] of this title.

777a. Definitions.

777b. Appropriations.

777c. Funds available for expenses of investigations and administration; apportionment of funds among

States.

777d. Certification of funds deducted for expenses and amounts apportioned to States; notification by State of intent to accept; use of funds where State fails to accept.

777e. Submission and approval of plans and projects. (a) Apportionment of funds.

(b) Definition.

(c) Costs.

777f. Payments by United States.

777g. Maintenance of projects.

777h. Employment of personnel.

7771. Rules and regulations.

777). Repealed.

777k. Payments of funds to and cooperation with Puerto Rico, Guam, American Samoa, and the Virgin Islands.

§ 777. Cooperation between Federal government and State fish and game departments; conditions on 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 diver

sion 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. (Aug. 9, 1950, ch. 658, § 1, 64 Stat. 430.)

EFFECTIVE DATE

Section 13 of act Aug. 9, 1950, provided that this chapter shall be effective July 1, 1950.

ASSENT BY GOVERNOR OF TERRITORY OF HAWAII Assent of the Governor of the Territory as sumcient 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, ch. 489, 70 Stat. 473, set out as a note under section 669a of this title.

§ 777a. Definitions.

For the purpose of this chapter 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 resources;

(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, ch. 658, § 2, 64 Stat. 431; July 2, 1956, ch. 489, § 3, 70 Stat. 473; July 12, 1960, Pub. L. 86-624, § 12, 74 Stat. 413.)

AMENDMENTS

1960 Subsec. (d). Pub. L. 86-624 eliminated provisions which defined the term "State" as including the several States and the Territory of Hawaii.

1956 Act July 2, 1956, included the definition of "State."

EFFECTIVE Date of 1956 AMENDMENT

Amendment of this section by act July 2, 1956, as applicable only with respect to fiscal years beginning after July 2, 1956, see section 5 of such act July 2, 1956, set out as a note under section 669a of this title.

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777k of this title.

§ 777b. Appropriations.

To carry out the provisions of this chapter, there is hereby 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. 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 chapter which is

So

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, ch. 658, § 3, 64 Stat. 431.)

REFERENCES IN TEXT

Section 3406 of Title 26, 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 [repealed), 4131 [repealed], 4161, 4171-4173 [repealed], 4191 [repealed], 4192 [repealed], 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, I. R. C. 1954.

So much, not to exceed 8 per centum, of each annual appropriation made in pursuance of the provisions of section 777b of this title 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 chapter 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 therefor until the expiration of the next succeeding 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: 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. 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. 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 chapter 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 of said purposes. So much of any sum not allocated under the provisions of this section for

any fiscal year is hereby authorized to be made available for expenditure to carry out the purposes of this chapter until the close of the succeeding fiscal year, and if unexpended or unobligated at the end of such year, such sum is hereby 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. The term fiscal year as used in this section shall be a period of twelve consecutive months from July 1 through the succeeding June 30, except that the period for enumeration of persons holding licenses to fish shall be a State's fiscal or license year. (Aug. 9, 1950, ch. 658, § 4, 64 Stat. 432; Oct. 23, 1970, Pub. L. 91-503, title II, § 201, 84 Stat. 1101.)

AMENDMENTS

1970-Pub. L. 91-503 changed the method of apportionment of funds by eliminating reference to "to all the States" and added a definition of the term "fiscal year" EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

SHORT TITLE

Section 204 of Pub. L. 91–503 provided that: "This title [amending this section and sections 777e to 777g and 777k of this title] may be cited as the 'Federal Aid in Fish Restoration Act Amendments of 1970'."

§ 777d. Certification of funds deducted for expenses and amounts apportioned to States; notification by State of intent to accept; use of funds where State fails to accept.

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 chapter 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 chapter 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, ch. 658, § 5, 64 Stat. 432.)

EFFECTIVE DATE

Section effective July 1, 1950, see note set out under section 777 of this title.

§ 777e. Submission and approval of plans and projects. (a) Apportionment of funds.

Any State desiring to avail itself of the benefits of this chapter shall, by its State fish and game department, submit programs or projects for fish restoration in either of the following two ways:

(1) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less

than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. It shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this chapter from funds apportioned under this chapter upon his approval of an annual agreement submitted to him.

(2) A State may elect to avail itself of the benefits of this chapter by its State fish and game department submitting 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 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. 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 set aside so much of said appropriation as represents the share of the United States payable under this chapter on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof.

The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive fishery plan or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this chapter. No payment of any money apportioned under this chapter shall be made on any comprehensive fishery plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior.

(b) Definition.

If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of subsection (a) of this section, then the term "project" may be defined for the purpose of this chapter as a fishery program, all other definitions notwithstanding. (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 programs 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. (Aug. 9, 1950, ch. 658, § 6, 64 Stat. 432; Oct. 23, 1970, Pub. L. 91-503, title II, § 202, 84 Stat. 1102.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-503 added an alternative method of application for funds by the submission of a comprehensive fish and wildlife resource management plan