16 USC 4104 - State projects

U.S Code last checked for updates: Nov 22, 2024

§ 4104.

State projects

(a)

In general

(1)

Any State may, through its State agency or an interstate commission, submit to the Secretary a proposal for a project which includes full plans, specifications, and cost estimates for such project. The total cost of all items included for engineering, planning, inspection, and unforeseen contingencies in connection with any works to be constructed as part of such a proposed project shall not exceed 10 percent of the total cost of such works, and shall be paid by the State as a part of its contribution to the total cost of the works.

(2)

No part of any funds appropriated under any authorization contained in section 4107 1

 See References in Text note below.

of this title may be obligated with respect to any project until the proposal for such project has been submitted under paragraph (1) and approved by the Secretary. The Secretary, before approving any proposal for a project, must evaluate the proposal as to—

(A)

the soundness of design;

(B)

the possibilities of securing productive results;

(C)

the minimization of duplication with other research projects in support of the management of interjurisdictional fishery resources and carried out under this chapter or under any other law or regulation;

(D)

the organization and management of the project;

(E)

the methods proposed for monitoring and evaluating the success or failure of the project;

(F)

the consistency of the project with the purposes of this chapter specified in section 4101 of this title; and

(G)

such other criteria as the Secretary may prescribe.

(3)

The Federal share of the cost of any project conducted under this chapter shall not exceed 75 percent of the total estimated cost of the project, unless—

(A)

the State has adopted an interstate fishery management plan for the resource to which the project applies; or

(B)

the State has adopted fishery regulations which the Secretary has determined are consistent with any Federal fishery management plan for the species to which the project applies;

in which case the Federal share shall not exceed 90 percent of the total estimated cost of the project.

(4)

(A)

If the Secretary approves or disapproves a proposal for a project, the Secretary shall promptly give written notification, including, if disapproved, a detailed explanation of the reasons for the disapproval, to the State agency submitting the proposal or, if the proposal is submitted through an interstate commission, such commission and the State.

(B)

For the purposes of this chapter, funds apportioned under this section to any State shall be treated as having been obligated with respect to a project during the fiscal year in which the written notification of approval required under subparagraph (A) for the project proposal is made.

(b)

Restriction

(c)

Payment

(Pub. L. 99–659, title III, § 305, Nov. 14, 1986, 100 Stat. 3734.)

cite as: 16 USC 4104