16 U.S.C. § 777c : US Code - Section 777C: Division of annual appropriations

Search 16 U.S.C. § 777c : US Code - Section 777C: Division of annual appropriations

(a) In general
For each of fiscal years 2006 through 2009, the balance of each
annual appropriation made in accordance with the provisions of
section 777b of this title remaining after the distributions for
administrative expenses and other purposes under subsection (b) of
this section and for multistate conservation grants under section
777m of this title shall be distributed as follows:
(1) Coastal wetlands
An amount equal to 18.5 percent to the Secretary of the
Interior for distribution as provided in the Coastal Wetlands
Planning, Protection,(!1) and Restoration Act (16 U.S.C. 3951 et
seq.).
(2) Boating safety
An amount equal to 18.5 percent to the Secretary of the
department in which the Coast Guard is operating for State
recreational boating safety programs under section 13106 of title
46.
(3) Clean Vessel Act
An amount equal to 2.0 percent to the Secretary of the Interior
for qualified projects under section 5604(c) of the Clean Vessel
Act of 1992 (33 U.S.C. 1322 note).
(4) Boating infrastructure
An amount equal to 2.0 percent to the Secretary of the Interior
for obligation for qualified projects under section 777g-1(d) of
this title.
(5) National outreach and communications
An amount equal to 2.0 percent to the Secretary of the Interior
for the National Outreach and Communications Program under
section 777g(d) of this title. Such amounts shall remain
available for 3 fiscal years, after which any portion thereof
that is unobligated by the Secretary for that program may be
expended by the Secretary under subsection (c) of this section.
(b) Set-aside for expenses for administration of this chapter
(1) In general
(A) Set-aside for administration
From the annual appropriation made in accordance with section
777b of this title, for each of fiscal years 2006 through 2009,
the Secretary of the Interior may use no more than the amount
specified in subparagraph (B) for the fiscal year for expenses
for administration incurred in the implementation of this
chapter, in accordance with this section and section 777h of
this title. The amount specified in subparagraph (B) for a
fiscal year may not be included in the amount of the annual
appropriation distributed under subsection (a) of this section
for the fiscal year.
(B) Available amounts
The available amount referred to in subparagraph (A) is -
(i) for each of fiscal years 2001 and 2002, $9,000,000;
(ii) for fiscal year 2003, $8,212,000; and
(iii) for fiscal year 2004 and each fiscal year thereafter,
the sum of -
(I) the available amount for the preceding fiscal year;
and
(II) the amount determined by multiplying -
(aa) the available amount for the preceding fiscal
year; and
(bb) the change, relative to the preceding fiscal year,
in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(2) Period of availability; apportionment of unobligated amounts
(A) Period of availability
For each fiscal year, the available amount under paragraph
(1) shall remain available for obligation for use under that
paragraph until the end of the fiscal year.
(B) Apportionment of unobligated amounts
Not later than 60 days after the end of a fiscal year, the
Secretary of the Interior shall apportion among the States any
of the available amount under paragraph (1) that remains
unobligated at the end of the fiscal year, on the same basis
and in the same manner as other amounts made available under
this chapter are apportioned among the States under subsection
(e) (!2) of this section for the fiscal year.
(c) Apportionment among States
The Secretary, for each of fiscal years 2006 through 2009, after
the distribution, transfer, use and deduction under subsection (b)
of this section, and after deducting amounts used for grants under
section 777m of this title, shall apportion 57 percent of the
balance of each such annual appropriation among the several States
in the following manner: 40 percent 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 percent 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 percent nor more than 5
percent 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.
(d) Unallocated funds
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. The term fiscal year
as used in this section shall be a period of twelve consecutive
months from October 1 through the succeeding September 30, except
that the period for enumeration of persons holding licenses to fish
shall be a State's fiscal or license year.
(e) Expenses for administration of certain programs
(1) In general
For each fiscal year, of the amounts appropriated under section
777b of this title, the Secretary of the Interior shall use only
funds authorized for use under paragraphs (1), (3), (4), and (5)
of subsection (a) of this section to pay the expenses for
administration incurred in carrying out the provisions of law
referred to in those subsections, respectively.
(2) Maximum amount
For each fiscal year, the Secretary of the Interior may use not
more than $900,000 in accordance with paragraph (1).
(f) Transfer of certain funds
Amounts available under paragraphs (3) and (4) of subsection (a)
of this section that are unobligated by the Secretary of the
Interior after 3 fiscal years shall be transferred to the Secretary
of the department in which the Coast Guard is operating and shall
be expended for State recreational boating safety programs under
section 13106(a) of title 46.