Sec. 4. **[**[16 U.S.C. 777c](/us/usc/t16/s777c)**]**
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## Sec. 4 **[**[16 U.S.C. 777c](/us/usc/t16/s777c)**]** ###
(a)In General For each fiscal year through fiscal year 2026, the balance of each annual appropriation made in accordance with the provisions of section 3 remaining after the distributions for administrative expenses and other purposes under subsection
(b)and for activities under section 14(e) shall be distributed as follows: 3Section 34002(1) of division C of Public Law 112–141 amended section 4(a) of the Federal Aid in Fish Restoration Act (16 U.S.C. 777c), which is the commonly referred to Act name for the Dingell-Johnson Sport Fish Restoration Act. ####
(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,4 Protection, and Restoration Act (16 U.S.C. 3951 et seq.). 4Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 777 of this title. ####
(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, United States Code. ####
(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 7404(d) of the Sportfishing and Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)). #####
(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 8(d) of this Act. 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 the Dingell-Johnson Sport Fish Restoration Act ####
(1)In general ##### (A)5 Set-aside for administration From the annual appropriation made in accordance with section 3, 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 Act, in accordance with this section and section 9. 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. 5Section 34002(2) of division C of Public Law 112–141 provides for an amendment to section 4(b)(1)(A) of the Federal Aid in Fish Restoration Act (16 U.S.C. 777c), which is a popular name for the Dingell-Johnson Sport Fish Restoration Act. #####
(B)Available amounts The 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 3, 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, United States Code. 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 amounts The 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 Act are apportioned among the States under subsection
(c)for the fiscal year. ###
(c)####
(1)The Secretary, after the distribution, transfer, use and deduction under subsection (b), and after deducting amounts used for activities under section 14(e), 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 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. ####
(2)The Secretary shall deduct from the amount to be apportioned under paragraph
(1)the amounts used for grants under section 14(a). ###
(d)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 Act 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 3, 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 For each fiscal year, the Secretary of the Interior may use not more than $1,300,000 in accordance with paragraph (1). ###
(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, United States Code.
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- Pub. L. 112-141
- 16 USC 777g–1(d)
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Sec. 4
**[**[16 U.S.C. 777c](/us/usc/t16/s777c)**]**
Pub. L.Pub. L. 112-141
Cite16 USC 777g–1(d)
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