16 USC 777 - Division of annual appropriations

View all text of Chapter 10 B [§ 777 - § 777n]

§ 777c. Division of annual appropriations

(a) In generalFor each fiscal year through fiscal year 2026, 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) and for activities under section 777m(e) of this title shall be distributed as follows:

(1) Coastal wetlands

An amount equal to 18.673 percent to the Secretary of the Interior for distribution as provided in the Coastal Wetlands Planning, Protection,1

1 So in original. The comma probably should not appear.

and Restoration Act (16 U.S.C. 3951 et seq.).

(2) Boating safety

An amount equal to 17.315 percent to the Secretary of the department in which the Coast Guard is operating for State recreational boating safety programs under section 13107 of title 46.

(3) Boating infrastructure improvement

(A) In general

An amount equal to 4 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) and section 777g–1(d) of this title.

(B) Limitation

Not more than 75 percent of the amount under subparagraph (A) shall be available for projects under either of the sections referred to in subparagraph (A).

(4) 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 fiscal year through fiscal year 2026, 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) for the fiscal year.

(B) Available amountsThe available amount referred to in subparagraph (A) is—

(i) for the fiscal year that includes November 15, 2021, the product obtained by multiplying—(I) $12,786,434; and(II) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and

(ii) for each fiscal year thereafter, the sum obtained by adding—(I) the available amount specified in this subparagraph for the preceding fiscal year; and(II) the product obtained by multiplying—(aa) the available amount specified in this subparagraph 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) Set-aside for Coast Guard administration

(A) In general

From the annual appropriation made in accordance with section 777b of this title, for each of fiscal years 2022 through 2026, the Secretary of the department in which the Coast Guard is operating may use no more than the amount specified in subparagraph (B) for the fiscal year for the purposes set forth in section 13107(c) of title 46. 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) for the fiscal year.

(B) Available amountsThe available amount referred to in subparagraph (A) is—

(i) for fiscal year 2022, $12,786,434; and

(ii) for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding—(I) the available amount specified in this subparagraph for the preceding fiscal year; and(II) the product obtained by multiplying—(aa) the available amount specified in this subparagraph 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.

(3) 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 subsequent 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 (c) for the fiscal year.

(1) The Secretary, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for activities under section 777m(e) of this title, shall apportion 58.012 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.

(2) The Secretary shall deduct from the amount to be apportioned under paragraph (1) the amounts used for grants under section 777m(a) of this title.

(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) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those paragraphs, respectively.

(2) Maximum amount

(f) Transfer of certain funds

Amounts available under paragraphs (3) and (4) of subsection (a) 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 13107(a) of title 46.

(Aug. 9, 1950, ch. 658, § 4, 64 Stat. 432; Pub. L. 91–503, title II, § 201, Oct. 23, 1970, 84 Stat. 1101; Pub. L. 94–273, § 4(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 98–369, div. A, title X, § 1014(a)(3), July 18, 1984, 98 Stat. 1015; Pub. L. 101–646, title III, § 308, Nov. 29, 1990, 104 Stat. 4787; Pub. L. 102–587, title V, § 5604(a), Nov. 4, 1992, 106 Stat. 5087; Pub. L. 105–178, title VII, §§ 7402(b), 7403, June 9, 1998, 112 Stat. 483, 485; Pub. L. 105–206, title IX, § 9012(b), July 22, 1998, 112 Stat. 864; Pub. L. 106–74, title IV, § 430, Oct. 20, 1999, 113 Stat. 1096; Pub. L. 106–377, § 1(a)(2) [title VI, § 605], Oct. 27, 2000, 114 Stat. 1441, 1441A–85; Pub. L. 106–408, title I, §§ 121(a), (c), 122(b)–124, Nov. 1, 2000, 114 Stat. 1769, 1772, 1774; Pub. L. 108–88, § 9(a), (b), Sept. 30, 2003, 117 Stat. 1126; Pub. L. 108–202, § 7(a), (b), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 6(a), (b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 6(a), (b), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, § 6(a), (b), July 30, 2004, 118 Stat. 881, 882; Pub. L. 108–310, § 9(a), (b), Sept. 30, 2004, 118 Stat. 1159; Pub. L. 108–447, div. C, title I, § 114(b), Dec. 8, 2004, 118 Stat. 2944; Pub. L. 109–14, § 8(a), (b), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, § 8(a), (b), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, § 8(a), (b), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, § 8(a), (b), July 22, 2005, 119 Stat. 404, 405; Pub. L. 109–40, § 8(a), (b), July 28, 2005, 119 Stat. 421; Pub. L. 109–59, title X, § 10113, Aug. 10, 2005, 119 Stat. 1927; Pub. L. 109–74, title II, §§ 201, 202, Sept. 29, 2005, 119 Stat. 2031; Pub. L. 109–241, title IX, § 901(r)(1), July 11, 2006, 120 Stat. 566; Pub. L. 109–304, § 16(c)(1), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 111–68, div. B, § 160, Oct. 1, 2009, 123 Stat. 2052; Pub. L. 111–147, title IV, § 423(b), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, § 2203(b), Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title II, § 203(b), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, § 123(b), Sept. 16, 2011, 125 Stat. 349; Pub. L. 112–102, title II, § 203(b), Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title II, § 203(b), June 29, 2012, 126 Stat. 395; Pub. L. 112–141, div. C, title IV, § 34002, July 6, 2012, 126 Stat. 842; Pub. L. 113–159, title I, § 1103, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1103, May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, § 1103, July 31, 2015, 129 Stat. 449; Pub. L. 114–73, title I, § 1103, Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, § 1103, Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title X, § 10001(b), Dec. 4, 2015, 129 Stat. 1619; Pub. L. 117–58, div. B, title VIII, § 28001(a)(1), Nov. 15, 2021, 135 Stat. 886; Pub. L. 117–263, div. K, title CXIII, § 11324(a)(1), Dec. 23, 2022, 136 Stat. 4094.)