-CITE-

16 USC CHAPTER 5B - WILDLIFE RESTORATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

.

-HEAD-

CHAPTER 5B - WILDLIFE RESTORATION

-MISC1-

Sec.

669. Cooperation of Secretary of the Interior with States;

conditions.

669a. Definitions.

669b. Authorization of appropriations.

(a) In general.

(b) Investment of unexpended amounts.

(c) Wildlife Conservation and Restoration Account.

(d) Obligation of amounts in State.

669b-1. Authorization of appropriation of accumulated

unappropriated receipts.

669c. Allocation and apportionment of available amounts.

(a) Set-aside for expenses for administration of this

chapter.

(b) Apportionment to States.

(c) Apportionment of certain taxes.

(c) Apportionment of Wildlife Conservation and

Restoration Account.

(d) Wildlife conservation and restoration programs.

669d. Apportionment; certification to States and Secretary of the

Treasury; acceptance by States; disposition of funds not

accepted.

669e. Submission and approval of plans and projects.

(a) Setting aside funds.

(b) ''Project'' defined.

(c) Costs.

669f. Payment of funds to States; laws governing construction and

labor.

669g. Maintenance of projects; expenditures for management of

wildlife areas and resources.

669g-1. Payment of funds to and cooperation with Puerto Rico, Guam,

American Samoa, Commonwealth of the Northern Mariana Islands, and

Virgin Islands.

669h. Requirements and restrictions concerning use of amounts for

expenses for administration.

(a) Authorized expenses for administration.

(b) Reporting of other uses.

(c) Restriction on use to supplement general

appropriations.

(d) Audit requirement.

669h-1. Firearm and bow hunter education and safety program grants.

(a) In general.

(b) Cost sharing.

(c) Period of availability; reapportionment.

669h-2. Multistate conservation grant program.

(a) In general.

(b) Selection of projects.

(c) Eligible grantees.

(d) Use of grants.

(e) Nonapplicability of Federal Advisory Committee

Act.

669i. Rules and regulations.

669j. Repealed.

669k. Reports and certifications.

(a) Implementation report.

(b) Projected spending report.

(c) Spending certification and report.

(d) Certifications by States.

(e) Limitation on delegation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 669k, 742b-1, 1225, 2904,

2905, 3125, 5202 of this title; title 25 sections 1709, 1745.

-CITE-

16 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669. Cooperation of Secretary of the Interior with States;

conditions

-STATUTE-

The Secretary of the Interior is authorized to cooperate with the

States, through their respective State fish and game departments,

in wildlife-restoration projects as hereinafter in this chapter set

forth; but no money apportioned under this chapter to any State

shall be expended therein until its legislature, or other State

agency authorized by the State constitution to make laws governing

the conservation of wildlife, shall have assented to the provision

of this chapter and shall have passed laws for the conservation of

wildlife which shall include a prohibition against the diversion of

license fees paid by hunters 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 September 2, 1937, 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

wildlife-restoration 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.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 1, 50 Stat. 917; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-MISC5-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-408, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1762,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Fish and Wildlife Programs Improvement and National

Wildlife Refuge System Centennial Act of 2000'.''

Pub. L. 106-408, title I, Sec. 101(a), Nov. 1, 2000, 114 Stat.

1763, provided that: ''This title (enacting sections 669h-1,

669h-2, 669k, 742b-1, and 777m of this title, amending sections

669c, 669d, 669g, 669h, 669i, 777c, 777d and 777h of this title and

section 9504 of Title 26, Internal Revenue Code, enacting

provisions set out as notes under this section and section 777 of

this title, and repealing provisions set out as a note under

section 777 of this title) may be cited as the 'Wildlife and Sport

Fish Restoration Programs Improvement Act of 2000'.''

SHORT TITLE OF 1970 AMENDMENT

Section 103 of title I of Pub. L. 91-503 provided that: ''This

title (amending section 669b and sections 669c to 669g-1 of this

title) may be cited as the 'Federal Aid in Wildlife Restoration Act

Amendments of 1970'.''

SHORT TITLE

Act Sept. 2, 1937, ch. 899, Sec. 13, as added by Pub. L. 106-408,

title I, Sec. 101(b), Nov. 1, 2000, 114 Stat. 1763, provided that:

''This Act (enacting this chapter) may be cited as the

'Pittman-Robertson Wildlife Restoration Act'.''

Act Sept. 2, 1937, ch. 899, as amended, is also popularly known

as the ''Federal Aid in Wildlife Restoration Act''.

STATEMENT OF PURPOSE AND DEFINITION IN PUB. L. 106-553

Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec. 902(a), (b)), Dec.

21, 2000, 114 Stat. 2762, 2762A-119, provided that:

''(a) Purposes. - The purposes of this section (amending sections

669a, 669b, 669c, 669g, and 4406 of this title, and enacting

provisions set out as notes under this section) are -

''(1) to extend financial and technical assistance to the

States under the Federal Aid to (in) Wildlife Restoration Act (16

U.S.C. 669 et seq.) for the benefit of a diverse array of

wildlife and associated habitats, including species that are not

hunted or fished, to fulfill unmet needs of wildlife within the

States in recognition of the primary role of the States to

conserve all wildlife;

''(2) to assure sound conservation policies through the

development, revision, and implementation of a comprehensive

wildlife conservation and restoration plan;

''(3) to encourage State fish and wildlife agencies to

participate with the Federal Government, other State agencies,

wildlife conservation organizations and outdoor recreation and

conservation interests through cooperative planning and

implementation of this title (enacting section 1356a of Title 43,

Public Lands, amending sections 669a, 669b, 669c, 669g, and 4406

of this title, and enacting provisions set out as notes under

this section); and

''(4) to encourage State fish and wildlife agencies to provide

for public involvement in the process of development and

implementation of a wildlife conservation and restoration

program.

''(b) Reference to Law. - In this section, the term 'Federal Aid

in Wildlife Restoration Act' means the Act of September 2, 1937 (16

U.S.C. 669 et seq.), commonly referred to as the Federal Aid in

Wildlife Restoration Act or the Pittman-Robertson Act.''

INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT

Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec. 902(f)), Dec. 21,

2000, 114 Stat. 2762, 2762A-123, provided that: ''Coordination with

State fish and wildlife agency personnel or with personnel of other

State agencies pursuant to the Federal Aid in Wildlife Restoration

Act (16 U.S.C. 669 et seq.) or the Federal Aid in Sport Fish

Restoration Act (16 U.S.C. 777 et seq.) shall not be subject to the

Federal Advisory Committee Act (5 U.S.C. App.). Except for the

preceding sentence, the provisions of this title (enacting section

1356a of Title 43, Public Lands, amending sections 669a, 669b,

669c, 669g, and 4406 of this title, and enacting provisions set out

as notes under this section) relate solely to wildlife conservation

and restoration programs and shall not be construed to affect the

provisions of the Federal Aid in Wildlife Restoration Act relating

to wildlife restoration projects or the provisions of the Federal

Aid in Sport Fish Restoration Act relating to fish restoration and

management projects.''

PROHIBITION AGAINST DIVERSION

Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec. 902(h)), Dec. 21,

2000, 114 Stat. 2762, 2762A-124, provided that: ''No designated

State agency shall be eligible to receive matching funds under this

title (enacting section 1356a of Title 43, Public Lands, amending

sections 669a, 669b, 669c, 669g, and 4406 of this title, and

enacting provisions set out as notes under this section) if sources

of revenue available to it after January 1, 2000, for conservation

of wildlife are diverted for any purpose other than the

administration of the designated State agency, it being the

intention of Congress that funds available to States under this

title be added to revenues from existing State sources and not

serve as a substitute for revenues from such sources. Such

revenues shall include interest, dividends, or other income earned

on the foregoing.''

DESIGNATION OF PROGRAMS

Pub. L. 106-408, title I, Sec. 131, Nov. 1, 2000, 114 Stat. 1775,

provided that: ''The programs established under the

Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.)

and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777

et seq.) shall be known as the 'Federal Assistance Program for

State Wildlife and Sport Fish Restoration'.''

-CITE-

16 USC Sec. 669a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669a. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''conservation'' means the use of methods and

procedures necessary or desirable to sustain healthy populations

of wildlife, including all activities associated with scientific

resources management such as research, census, monitoring of

populations, acquisition, improvement and management of habitat,

live trapping and transplantation, wildlife damage management,

and periodic or total protection of a species or population, as

well as the taking of individuals within wildlife stock or

population if permitted by applicable State and Federal law;

(2) the term ''Secretary'' means the Secretary of the Interior;

(3) the term ''State fish and game department'' or ''State fish

and wildlife department'' means 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 or State fish and wildlife department.

(4) the term ''wildlife'' means any species of wild,

free-ranging fauna including fish, and also fauna in captive

breeding programs the object of which is to reintroduce

individuals of a depleted indigenous species into previously

occupied range;

(5) the term ''wildlife-associated recreation'' means projects

intended to meet the demand for outdoor activities associated

with wildlife including, but not limited to, hunting and fishing,

wildlife observation and photography, such projects as

construction or restoration of wildlife viewing areas,

observation towers, blinds, platforms, land and water trails,

water access, field trialing, trail heads, and access for such

projects;

(6) the term ''wildlife conservation and restoration program''

means a program developed by a State fish and wildlife department

and approved by the Secretary under section 669c(d) (FOOTNOTE 1)

of this title, the projects that constitute such a program, which

may be implemented in whole or part through grants and contracts

by a State to other State, Federal, or local agencies (including

those that gather, evaluate, and disseminate information on

wildlife and their habitats), wildlife conservation

organizations, and outdoor recreation and conservation education

entities from funds apportioned under this chapter, (FOOTNOTE 1)

and maintenance of such projects;

(FOOTNOTE 1) See References in Text note below.

(7) the term ''wildlife conservation education'' means

projects, including public outreach, intended to foster

responsible natural resource stewardship; and

(8) the term ''wildlife-restoration project'' includes the

wildlife conservation and restoration program and means the

selection, restoration, rehabilitation, and improvement of areas

of land or water adaptable as feeding, resting, or breeding

places for wildlife, including acquisition 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 also including such research into problems of

wildlife management as may be necessary to efficient

administration affecting wildlife resources, and such preliminary

or incidental costs and expenses as may be incurred in and about

such projects.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 2, 50 Stat. 917; July 2, 1956, ch.

489, Sec. 1, 70 Stat. 473; Pub. L. 86-624, Sec. 10, July 12, 1960,

74 Stat. 412; Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec.

902(c)), Dec. 21, 2000, 114 Stat. 2762, 2762A-119.)

-REFTEXT-

REFERENCES IN TEXT

Section 669c(d) of this title, referred to in par. (6), was in

the original ''section 304(d)'', and was translated as reading

''section 4(d)'', meaning section 4(d) of Act Sept. 2, 1937, ch.

899, to reflect the probable intent of Congress, because Act Sept.

2, 1937, ch. 899, does not contain a section 304(d), and section

4(d) relates to wildlife conservation and restoration programs.

This chapter, referred to in par. (6), was in the original ''this

title'', and was translated as reading ''this Act'', meaning Act

Sept. 2, 1937, ch. 899, to reflect the probable intent of Congress,

because Act Sept. 2, 1937, ch. 899, which enacted this chapter,

does not contain titles.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-553 inserted section catchline and amended

text generally. Prior to amendment, text read as follows: ''For

the purposes of this chapter the term 'wildlife-restoration

project' shall be construed to mean and include the selection,

restoration, rehabilitation, and improvement of areas of land or

water adaptable as feeding, resting, or breeding places for

wildlife, 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 also including such

research into problems of wildlife management as may be necessary

to efficient administration affecting wildlife resources, and such

preliminary or incidental costs and expenses as may be incurred in

and about such projects; 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.''

1960 - Pub. L. 86-624 struck out provisions which defined

''State'' as including the several States and the Territory of

Hawaii.

1956 - Act July 2, 1956, included definition of ''State''.

EFFECTIVE DATE OF 1956 AMENDMENT

Section 5 of act July 2, 1956, provided in part that: ''The

amendments made by this Act (amending this section and sections

669g-1, 777a, and 777k of this title) shall be applicable only with

respect to fiscal years beginning after the passage of this Act

(July 2, 1956).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669g, 669g-1 of this

title.

-CITE-

16 USC Sec. 669b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669b. Authorization of appropriations

-STATUTE-

(a) In general

(1) An amount equal to all revenues accruing each fiscal year

(beginning with the fiscal year 1975) from any tax imposed on

specified articles by sections 4161(b) and 4181 of title 26, shall,

subject to the exemptions in section 4182 of such title, be covered

into the Federal aid to wildlife restoration fund in the Treasury

(hereinafter referred to as the ''fund'') and is authorized to be

appropriated and made available until expended to carry out the

purposes of this chapter. So much of such appropriations

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 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 out the provisions of the Migratory

Bird Conservation Act (16 U.S.C. 715 et seq.).

(2) There is established in the Federal aid to wildlife

restoration fund a subaccount to be known as the ''Wildlife

Conservation and Restoration Account''. There are authorized to be

appropriated for the purposes of the Wildlife Conservation and

Restoration Account $50,000,000 in fiscal year 2001 for

apportionment in accordance with this chapter to carry out State

wildlife conservation and restoration programs. Further, interest

on amounts transferred shall be treated in a manner consistent with

16 U.S.C. 669(b)(1)). (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''paragraph (1)

of subsection (b)''.

(b) Investment of unexpended amounts

(1) The Secretary of the Treasury shall invest in

interest-bearing obligations of the United States such portion of

the fund as is not, in his judgment, required for meeting a current

year's withdrawals. For purposes of such investment, the Secretary

of the Treasury may -

(A) acquire obligations at the issue price and purchase

outstanding obligations at the market price; and

(B) sell obligations held in the fund at the market price.

(2) The interest on obligations held in the fund -

(A) shall be credited to the fund;

(B) constitute the sums available for allocation by the

Secretary under section 4407 of this title;

(C) shall become available for apportionment under this chapter

at the beginning of fiscal year 2006.

(c) Wildlife Conservation and Restoration Account

(1) Amounts transferred to the Wildlife Conservation and

Restoration Account shall supplement, but not replace, existing

funds available to the States from the sport fish restoration

account and wildlife restoration account and shall be used for the

development, revision, and implementation of wildlife conservation

and restoration programs and should be used to address the unmet

needs for a diverse array of wildlife and associated habitats,

including species that are not hunted or fished, for wildlife

conservation, wildlife conservation education, and

wildlife-associated recreation projects. Such funds may be used

for new programs and projects as well as to enhance existing

programs and projects.

(2) Funds may be used by a State or an Indian tribe for the

planning and implementation of its wildlife conservation and

restoration program and wildlife conservation strategy, as provided

in sections 669c(d) and (e) (FOOTNOTE 2) of this title, including

wildlife conservation, wildlife conservation education, and

wildlife-associated recreation projects. Such funds may be used

for new programs and projects as well as to enhance existing

programs and projects.

(FOOTNOTE 2) So in original. Section 669c of this title does

not contain a subsec. (e).

(3) Priority for funding from the Wildlife Conservation and

Restoration Account shall be for those species with the greatest

conservation need as defined by the State wildlife conservation and

restoration program.

(d) Obligation of amounts in State

Notwithstanding subsections (a) and (b) of this section, with

respect to amounts transferred to the Wildlife Conservation and

Restoration Account, so much of such amounts apportioned to any

State for any fiscal year as remains unexpended at the close

thereof shall remain available for obligation in that State until

the close of the second succeeding fiscal year.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 3, 50 Stat. 917; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.

L. 91-503, title I, Sec. 101, Oct. 23, 1970, 84 Stat. 1097; Pub. L.

92-558, title I, Sec. 101(a), Oct. 25, 1972, 86 Stat. 1172; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-233,

Sec. 7(a)(1), Dec. 13, 1989, 103 Stat. 1974; Pub. L. 106-553, Sec.

1(a)(2) (title IX, Sec. 902(d)), Dec. 21, 2000, 114 Stat. 2762,

2762A-120.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in subsec. (a),

is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is

classified generally to subchapter III (Sec. 715 et seq.) of

chapter 7 of this title. For complete classification of this Act

to the Code, see section 715 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec.

902(d)(1)), designated existing provisions as par. (1) and added

par. (2).

Subsecs. (c), (d). Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec.

902(d)(2)), added subsecs. (c) and (d).

1989 - Pub. L. 101-233 designated existing provisions as subsec.

(a) and added subsec. (b).

1986 - Pub. L. 99-514 substituted ''Internal Revenue Code of

1986'' for ''Internal Revenue Code of 1954'', which for purposes of

codification was translated as ''title 26'' thus requiring no

change in text.

1972 - Pub. L. 92-558 substituted ''(beginning with the fiscal

year 1975)'' for ''(beginning with the fiscal year 1971)'' and

inserted reference to section 4161(b) of title 26.

1970 - Pub. L. 91-503 inserted provisions for the deposit of the

10 per cent tax on pistols and revolvers under section 4181 of

title 26 into the Federal aid to wildlife restoration fund

beginning in fiscal year 1971.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 7(a)(3) of Pub. L. 101-233 provided that: ''The

amendments made by this subsection of this Act (amending this

section and section 669c of this title) take effect October 1,

1989.''

EFFECTIVE DATE OF 1972 AMENDMENT

Section 101(c) of Pub. L. 92-558, as amended by Pub. L. 93-313,

June 8, 1974, 88 Stat. 238, provided that: ''The amendments made by

subsections (a) and (b) (amending this section and section 669c of

this title) shall take effect January 1, 1975.''

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669b-1, 669c, 669e, 1535,

4404, 4405, 4407, 4411 of this title.

-CITE-

16 USC Sec. 669b-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669b-1. Authorization of appropriation of accumulated

unappropriated receipts

-STATUTE-

There is hereby authorized to be appropriated, out of the Federal

aid to wildlife restoration fund established by this chapter, for

the 1956 fiscal year and for each fiscal year thereafter, an amount

equal to 20 per centum of the accumulated unappropriated receipts

in such fund on August 12, 1955, until the accumulated

unappropriated receipts in such fund on such date have been

appropriated and expended. Funds appropriated under the authority

of this section shall be made available to the States in accordance

with the provisions of, and under the apportionment formula set

forth in, this chapter, and shall be in addition to the funds

appropriated under section 669b of this title.

-SOURCE-

(Aug. 12, 1955, ch. 861, Sec. 1, 69 Stat. 698.)

-COD-

CODIFICATION

Section was not enacted as part of act Sept. 2, 1937, ch. 899, 50

Stat. 917, which comprises this chapter.

-CITE-

16 USC Sec. 669c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669c. Allocation and apportionment of available amounts

-STATUTE-

(a) Set-aside for expenses for administration of this chapter

(1) In general

(A) Set-aside

For fiscal year 2001 and each fiscal year thereafter, of the

revenues (excluding interest accruing under section 669b(b) of

this title) covered into the fund for the fiscal year, the

Secretary of the Interior may use not more than the available

amount specified in subparagraph (B) for the fiscal year for

expenses for administration incurred in implementation of this

chapter, in accordance with this subsection and section 669h of

this title.

(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 for the fiscal

year.

(b) Apportionment to States

The Secretary of the Interior, after deducting the available

amount under subsection (a) of this section, the amount apportioned

under subsection (c) (FOOTNOTE 1) of this section, any amount

apportioned under section 669g-1 of this title, and amounts

provided as grants under sections 669h-1 and 669h-2 of this title,

shall apportion the remainder of the revenue in said fund for each

fiscal year among the several States in the following manner:

One-half in the ratio which the area of each State bears to the

total area of all the States, and one-half in the ratio which the

number of paid hunting-license holders of each 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 total number of paid hunting-license

holders of all the States. Such apportionments shall be adjusted

equitably so that no State shall receive less than one-half of 1

per centum nor more than 5 per centum of the total amount

apportioned. The term fiscal year as used in this chapter shall be

a period of twelve consecutive months from October 1 through the

succeeding September 30, except that the period for enumeration of

paid hunting-license holders shall be a State's fiscal or license

year.

(FOOTNOTE 1) Probably means the subsection (c) relating to

apportionment of certain taxes.

(c) (FOOTNOTE 2) Apportionment of certain taxes

(FOOTNOTE 2) So in original. Two subsecs. (c) have been

enacted.

One-half of the revenues accruing to the fund under this chapter

each fiscal year (beginning with the fiscal year 1975) from any tax

imposed on pistols, revolvers, bows, and arrows shall be

apportioned among the States in proportion to the ratio that the

population of each State bears to the population of all the States:

Provided, That each State shall be apportioned not more than 3 per

centum and not less than 1 per centum of such revenues and Guam,

the Virgin Islands, American Samoa, Puerto Rico, and the Northern

Mariana Islands shall each be apportioned one-sixth of 1 per centum

of such revenues. For the purpose of this subsection, population

shall be determined on the basis of the latest decennial census for

which figures are available, as certified by the Secretary of

Commerce.

(c) (FOOTNOTE 2) Apportionment of Wildlife Conservation and

Restoration Account

(1) The Secretary of the Interior shall make the following

apportionment from the Wildlife Conservation and Restoration

Account:

(A) to the District of Columbia and to the Commonwealth of

Puerto Rico, each a sum equal to not more than one-half of 1

percent thereof.

(B) to Guam, American Samoa, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands, each a sum equal to

not more than one-fourth of 1 percent thereof.

(2)(A) The Secretary of the Interior, after making the

apportionment under paragraph (1), shall apportion the remaining

amount in the Wildlife Conservation and Restoration Account for

each fiscal year among the States in the following manner:

(i) one-third of which is based on the ratio to which the land

area of such State bears to the total land area of all such

States; and

(ii) two-thirds of which is based on the ratio to which the

population of such State bears to the total population of all

such States.

(B) The amounts apportioned under this paragraph shall be

adjusted equitably so that no such State shall be apportioned a sum

which is less than one percent of the amount available for

apportionment under this paragraph for any fiscal year or more than

five percent of such amount.

(3) Of the amounts transferred to the Wildlife Conservation and

Restoration Account, not to exceed 3 percent shall be available for

any Federal expenses incurred in the administration and execution

of programs carried out with such amounts.

(d) Wildlife conservation and restoration programs

(1) Any State, through its fish and wildlife department, may

apply to the Secretary of the Interior for approval of a wildlife

conservation and restoration program, or for funds from the

Wildlife Conservation and Restoration Account, to develop a

program. To apply, a State shall submit a comprehensive plan that

includes -

(A) provisions vesting in the fish and wildlife department of

the State overall responsibility and accountability for the

program;

(B) provisions for the development and implementation of -

(i) wildlife conservation projects that expand and support

existing wildlife programs, giving appropriate consideration to

all wildlife;

(ii) wildlife-associated recreation projects; and

(iii) wildlife conservation education projects pursuant to

programs under section 669g(a) of this title; and

(C) provisions to ensure public participation in the

development, revision, and implementation of projects and

programs required under this paragraph.

(D) Wildlife conservation strategy. - Within five years of the

date of the initial apportionment, develop and begin

implementation of a wildlife conservation strategy based upon the

best available and appropriate scientific information and data

that -

(i) uses such information on the distribution and abundance

of species of wildlife, including low population and declining

species as the State fish and wildlife department deems

appropriate, that are indicative of the diversity and health of

wildlife of the State;

(ii) identifies the extent and condition of wildlife habitats

and community types essential to conservation of species

identified under paragraph (1);

(iii) identifies the problems which may adversely affect the

species identified under paragraph (1) or their habitats, and

provides for priority research and surveys to identify factors

which may assist in restoration and more effective conservation

of such species and their habitats;

(iv) determines those actions which should be taken to

conserve the species identified under paragraph (1) and their

habitats and establishes priorities for implementing such

conservation actions;

(v) provides for periodic monitoring of species identified

under paragraph (1) and their habitats and the effectiveness of

the conservation actions determined under paragraph (4), and

for adapting conservation actions as appropriate to respond to

new information or changing conditions;

(vi) provides for the review of the State wildlife

conservation strategy and, if appropriate, revision at

intervals of not more than ten years;

(vii) provides for coordination to the extent feasible the

State fish and wildlife department, during the development,

implementation, review, and revision of the wildlife

conservation strategy, with Federal, State, and local agencies

and Indian tribes that manage significant areas of land or

water within the State, or administer programs that

significantly affect the conservation of species identified

under paragraph (1) or their habitats.

(2) A State shall provide an opportunity for public participation

in the development of the comprehensive plan required under

paragraph (1).

(3) If the Secretary finds that the comprehensive plan submitted

by a State complies with paragraph (1), the Secretary shall approve

the wildlife conservation and restoration program of the State and

set aside from the apportionment to the State made pursuant to

subsection (c) (FOOTNOTE 3) of this section an amount that shall

not exceed 75 percent of the estimated cost of developing and

implementing the program.

(FOOTNOTE 3) Probably means the subsection (c) relating to

apportionment of Wildlife Conservation and Restoration Account.

(4)(A) Except as provided in subparagraph (B), after the

Secretary approves a State's wildlife conservation and restoration

program, the Secretary may make payments on a project that is a

segment of the State's wildlife conservation and restoration

program as the project progresses. Such payments, including

previous payments on the project, if any, shall not be more than

the United States pro rata share of such project. The Secretary,

under such regulations as he may prescribe, may advance funds

representing the United States pro rata share of a project that is

a segment of a wildlife conservation and restoration program,

including funds to develop such program.

(B) Not more than 10 percent of the amounts apportioned to each

State under this section for a State's wildlife conservation and

restoration program may be used for wildlife-associated recreation.

(5) For purposes of this subsection, the term ''State'' shall

include the District of Columbia, the Commonwealth of Puerto Rico,

the Virgin Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 4, 50 Stat. 918; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July

24, 1946, ch. 605, Sec. 1, 60 Stat. 656; Pub. L. 91-503, title I,

Sec. 102, Oct. 23, 1970, 84 Stat. 1098; Pub. L. 92-558, title I,

Sec. 101(b), Oct. 25, 1972, 86 Stat. 1172; Pub. L. 94-273, Sec.

4(1), Apr. 21, 1976, 90 Stat. 377; Pub. L. 99-396, Sec. 8(b), Aug.

27, 1986, 100 Stat. 839; Pub. L. 101-233, Sec. 7(a)(2), Dec. 13,

1989, 103 Stat. 1975; Pub. L. 106-408, title I, Sec. 111(a), Nov.

1, 2000, 114 Stat. 1763; Pub. L. 106-553, Sec. 1(a)(2) (title IX,

Sec. 902(e)), Dec. 21, 2000, 114 Stat. 2762, 2762A-121.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-408 inserted section catchline, substituted

subsec. (a) for ''(a) So much, not to exceed 8 per centum, of the

revenues (excluding interest accruing under section 669b(b) of this

title) covered into said fund in each fiscal year as the Secretary

of the Interior may estimate to be necessary for his expenses in

the administration and execution of this chapter and the Migratory

Bird Conservation Act 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, and within sixty

days after the close of such fiscal year the Secretary of the

Interior shall apportion such part thereof as remains unexpended by

him, if any, and make certificate thereof to the Secretary of the

Treasury and to the State fish and game departments on the same

basis and in the same manner as is provided as to other amounts

authorized by this chapter to be apportioned among the States for

such current fiscal year.'', inserted subsec. (b) designation and

heading, substituted ''after deducting the available amount under

subsection (a) of this section, the amount apportioned under

subsection (c) of this section, any amount apportioned under

section 669g-1 of this title, and amounts provided as grants under

sections 669h-1 and 669h-2 of this title, shall apportion'' for

''after making the aforesaid deduction, shall apportion, except as

provided in subsection (b) of this section,'', redesignated former

subsec. (b) as (c), and inserted ''Puerto Rico,'' after ''American

Samoa,''.

Subsec. (c). Pub. L. 106-553 added subsec. (c) relating to

apportionment of Wildlife Conservation and Restoration Account.

Subsec. (d). Pub. L. 106-553 added subsec. (d).

1989 - Subsec. (a). Pub. L. 101-233 inserted ''(excluding

interest accruing under section 669b(b) of this title)'' after

''revenues'' in first sentence.

1986 - Subsec. (b). Pub. L. 99-396 inserted ''and Guam, the

Virgin Islands, American Samoa, and the Northern Mariana Islands

shall each be apportioned one-sixth of 1 per centum of such

revenues''.

1976 - Subsec. (a). Pub. L. 94-273 substituted ''September'' for

''June'', and ''October'' for ''July''.

1972 - Subsec. (b). Pub. L. 92-558 substituted ''(beginning with

the fiscal year 1975)'' for (beginning with the fiscal year 1971)''

and ''pistols, revolvers, bows, and arrows'' for ''pistols and

revolvers''.

1970 - Pub. L. 91-503 designated existing provisions as subsec.

(a), substituted ''second fiscal year preceding'' for ''preceding

fiscal year'' in provision dealing with the apportionment by the

Secretary of the Interior, defined ''fiscal year'', and struck out

provisions dealing with the maximum and minimum apportionments ''to

all the States'', and added subsec. (b).

1946 - Act July 24, 1946, substituted proviso making

apportionment upon a percentage basis for provisos providing for

certain definite sums to be apportioned to each State.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-233 effective Oct. 1, 1989, see section

7(a)(3) of Pub. L. 101-233, set out as a note under section 669b of

this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-558 effective Jan. 1, 1975, see section

101(c) of Pub. L. 92-558, set out as a note under section 669b of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-MISC5-

SUSPENSION OF EXPENSE LIMITATION

The Interior Department Appropriation Act, 1945, act June 28,

1944, ch. 298, Sec. 1, 58 Stat. 504, provided that the limitations

in this chapter were waived to the extent necessary to provide

overtime under the provisions of the War Overtime Pay Act, 1943,

former sections 1401 to 1415 of Appendix to Title 50, War and

National Defense, which act expired June 30, 1945.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669a, 669b, 669g, 669h,

669h-1, 669h-2, 669k of this title.

-CITE-

16 USC Sec. 669d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669d. Apportionment; certification to States and Secretary of

the Treasury; acceptance by States; disposition of funds not

accepted

-STATUTE-

For each fiscal year, the Secretary of the Interior shall

certify, at the time at which a deduction or apportionment is made,

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 this chapter and the Migratory Bird Conservation Act

(16 U.S.C. 715 et seq.) and the sum which he has apportioned to

each State. 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

Migratory Bird Conservation Act.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 5, 50 Stat. 918; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.

L. 91-503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1098; Pub. L.

106-408, title I, Sec. 114, Nov. 1, 2000, 114 Stat. 1769.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in text, is act

Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is

classified generally to subchapter III (Sec. 715 et seq.) of

chapter 7 of this title. For complete classification of this Act

to the Code, see section 715 of this title and Tables.

-MISC2-

AMENDMENTS

2000 - Pub. L. 106-408 in first sentence inserted '', at the time

at which a deduction or apportionment is made,'' after ''certify''

and struck out ''and executing'' after ''for administering''.

1970 - Pub. L. 91-503 struck out requirement that apportionments

be made by February 20 of each year preceding commencement of

fiscal year in which funds would be used.

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-CITE-

16 USC Sec. 669e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669e. Submission and approval of plans and projects

-STATUTE-

(a) Setting aside 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 wildlife 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

wildlife-restoration 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 fund 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 wildlife plans 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 wildlife plan or project

until an agreement to participate therein shall have been submitted

to and approved by the Secretary of the Interior.

(b) ''Project'' defined

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 purposes of this chapter as a

wildlife 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 agency having primary jurisdiction over the wildlife

resources of the State which may be charged against programs or

projects supported by the fund established by section 669b of this

title shall not exceed in any one fiscal year 3 per centum of the

annual apportionment to the State.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 6, 50 Stat. 918; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.

L. 91-503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1099.)

-MISC1-

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-503 inserted an alternative method

of application for funds by the submission of a comprehensive fish

and wildlife resource management plan for a period of five years

based on projections for fifteen years, to be updated every three

years, laid down a maximum limit of federal assistance of 75

percent of the estimated cost of the implementation of the plan,

and, in the existing method of application, now contained in par.

(2), struck out reference to Secretary of the Treasury and the

requirement that the State pay 10 percent of the costs.

Subsecs. (b), (c). Pub. L. 91-503 added subsecs. (b) and (c).

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669f, 669h, 2904, 2905 of

this title.

-CITE-

16 USC Sec. 669f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669f. Payment of funds to States; laws governing construction

and labor

-STATUTE-

(a) When the Secretary of the Interior shall find that any

project approved by him has been completed or, if involving

research relating to wildlife, is being conducted, in compliance

with said plans and specifications, he shall cause to be paid to

the proper authority of said State the amount set aside for said

project. The Secretary of the Interior may, in his discretion,

from time to time, make payments on said project as the same

progresses; but these payments, including previous payments, if

any, shall not be more than the United States pro rata share of the

project in conformity with said plans and specifications. If a

State has elected to avail itself of the benefits of this chapter

by preparing a comprehensive fish and wildlife plan as provided for

under option (1) of subsection (a) of section 669e of this title,

and this plan has been approved by the Secretary of the Interior,

then the Secretary may, in his discretion, and under such rules and

regulations as he may prescribe, advance funds to the State for

financing the United States pro rata share agreed upon between the

State fish and game department and the Secretary.

(b) Any construction work and labor in each State shall be

performed in accordance with its laws and under the direct

supervision of the State fish and game department, subject to the

inspection and approval of the Secretary of the Interior and in

accordance with rules and regulations made pursuant to this

chapter. The Secretary of the Interior and the State fish and game

department of each State may jointly determine at what times and in

what amounts payments shall be made under this chapter. Such

payments shall be made by the Secretary of the Treasury, on

warrants drawn by the Secretary of the Interior against the said

fund to such official or officials, or depository, as may be

designated by the State fish and game department and authorized

under the laws of the State to receive public funds of the State.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 7, 50 Stat. 919; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.

L. 91-503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1100.)

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-503 divided existing provisions into subsecs.

(a) and (b), permitted advance payments to the States for work

which has been adequately defined in a comprehensive fish and

wildlife plan, and struck out reference to progress payments in

provision covering joint determination of time and amounts of

payments.

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-CITE-

16 USC Sec. 669g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669g. Maintenance of projects; expenditures for management of

wildlife areas and resources

-STATUTE-

(a) Maintenance of wildlife-restoration projects established

under the provisions of this chapter shall be the duty of the

States in accordance with their respective laws. Beginning July 1,

1945, the term ''wildlife-restoration project'', as defined in

section 669a of this title, shall include maintenance of completed

projects. Notwithstanding any other provisions of this chapter,

funds apportioned to a State under this chapter may be expended by

the State for management (exclusive of law enforcement and public

relations) of wildlife areas and resources. Funds from the

Wildlife Conservation and Restoration Account may be used for a

wildlife conservation education program, except that no such funds

may be used for education efforts, projects, or programs that

promote or encourage opposition to the regulated taking of

wildlife.

(b) Each State may use the funds apportioned to it under section

669c(c) (FOOTNOTE 1) of this title to pay up to 75 per centum of

the costs of a hunter safety program and the construction,

operation, and maintenance of public target ranges, as a part of

such program. The non-Federal share of such costs may be derived

from license fees paid by hunters, but not from other Federal grant

programs. The Secretary shall issue not later than the 120th day

after the effective date of this subsection such regulations as he

deems advisable relative to the criteria for the establishment of

hunter safety programs and public target ranges under this

subsection.

(FOOTNOTE 1) Probably means section 669c(c) relating to

apportionment of certain taxes.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 8, 50 Stat. 919; July 24, 1946, ch.

605, Sec. 2, 60 Stat. 656; Aug. 12, 1955, ch. 861, Sec. 2, 69 Stat.

698; Pub. L. 91-503, title I, Sec. 102, Oct. 23, 1970, 84 Stat.

1100; Pub. L. 92-558, title I, Sec. 102(a), Oct. 25, 1972, 86 Stat.

1173; Pub. L. 106-408, title I, Sec. 111(c), Nov. 1, 2000, 114

Stat. 1766; Pub. L. 106-553, Sec. 1(a)(2) (title IX, Sec. 902(g)),

Dec. 21, 2000, 114 Stat. 2762, 2762A-124.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec.

(b), probably means Oct. 23, 1970, the date of approval of Pub. L.

91-503 which added subsec. (b).

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-553 inserted at end ''Funds from

the Wildlife Conservation and Restoration Account may be used for a

wildlife conservation education program, except that no such funds

may be used for education efforts, projects, or programs that

promote or encourage opposition to the regulated taking of

wildlife.''

Subsec. (b). Pub. L. 106-408 substituted ''section 669c(c) of

this title'' for ''section 669c(b) of this title'' in first

sentence.

1972 - Subsec. (b). Pub. L. 92-558 substituted ''public target

ranges'' for ''public outdoor target ranges'' in two places.

1970 - Pub. L. 91-503 designated existing provisions as subsec.

(a), struck out the 25 percent limitation on the use of Federal

funds for wildlife restoration projects and the 30 percent

limitation on the use of Federal funds for the management of wild

life areas and resources, and added subsec. (b).

1955 - Act Aug. 12, 1955, permitted expenditure of funds for

management of wildlife areas and resource.

1946 - Act July 24, 1946, inserted proviso defining

''wildlife-restoration project''.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 102(b) of Pub. L. 92-558 provided that: ''The amendments

made by subsection (a) of this section (amending this section)

shall take effect on the date of the enactment of this Act (Oct.

25, 1972).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669c, 669g-1, 669h-1 of

this title.

-CITE-

16 USC Sec. 669g-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669g-1. Payment of funds to and cooperation with Puerto Rico,

Guam, American Samoa, Commonwealth of the Northern Mariana

Islands, and Virgin Islands

-STATUTE-

The Secretary of the Interior is authorized to cooperate with the

Secretary of Agriculture of Puerto Rico, the Governor of Guam, the

Governor of American Samoa, the Governor of the Commonwealth of the

Northern Mariana Islands, and the Governor of the Virgin Islands,

in the conduct of wildlife-restoration projects, as defined in

section 669a of this title, and hunter safety programs as provided

by section 669g(b) of this title, upon such terms and conditions as

he shall deem fair, just, and equitable, and is authorized to

apportion to Puerto Rico, Guam, American Samoa, the Commonwealth of

the Northern Mariana Islands, and the Virgin Islands, out of the

money available for apportionment under this chapter, such sums as

he shall determine, not exceeding for Puerto Rico one-half of 1 per

centum, for Guam one-sixth of 1 per centum, for American Samoa

one-sixth of one per centum, for the Commonwealth of the Northern

Mariana Islands one-sixth of 1 per centum, and for the Virgin

Islands one-sixth of 1 per centum of the total amount apportioned,

in any one year, but the Secretary shall in no event require any of

said cooperating agencies to pay an amount which will exceed 25 per

centum of the cost of any project. Any unexpended or unobligated

balance of any apportionment made pursuant to this section shall be

available for expenditure in Puerto Rico, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, or the Virgin

Islands, as the case may be, in the succeeding year, on any

approved project, and if unexpended or unobligated at the end of

such year is authorized to be made available for expenditure by the

Secretary of the Interior in carrying out the provisions of the

Migratory Bird Conservation Act (16 U.S.C. 715 et seq.).

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 8A, formerly Sec. 8(a), as added Aug.

18, 1941, ch. 367, 55 Stat. 632; amended Aug. 3, 1950, ch. 523, 64

Stat. 399; July 2, 1956, ch. 489, Sec. 2, 70 Stat. 473; Aug. 1,

1956, ch. 852, Sec. 7, 70 Stat. 908; Pub. L. 86-70, Sec. 15, June

25, 1959, 73 Stat. 143; renumbered Sec. 8A and amended Pub. L.

91-503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1101; Pub. L.

96-597, title III, Sec. 302(b), Dec. 24, 1980, 94 Stat. 3478; Pub.

L. 98-347, Sec. 2(a), July 9, 1984, 98 Stat. 321; Pub. L. 99-396,

Sec. 8(a), Aug. 27, 1986, 100 Stat. 839.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in text, is act

Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is

classified generally to subchapter III (Sec. 715 et seq.) of

chapter 7 of this title. For complete classification of this Act

to the Code, see section 715 of this title and Tables.

-MISC2-

AMENDMENTS

1986 - Pub. L. 99-396 inserted reference to hunter safety

programs as provided by section 669g(b) of this title.

1984 - Pub. L. 98-347 inserted ''the Governor of American

Samoa,'' after ''the Governor of Guam,'', ''American Samoa,'' after

''Puerto Rico, Guam,'' in two places, and ''for American Samoa

one-sixth of one per centum,'' after ''for Guam one-sixth of 1 per

centum,''.

1980 - Pub. L. 96-597 inserted references to Governor and

Commonwealth of the Northern Mariana Islands.

1970 - Pub. L. 91-503 substituted ''Secretary of Agriculture of

Puerto Rico'' for ''Commissioner of Agriculture and Commerce of

Puerto Rico'' and substituted maximum limits of apportionment of

one half of one percent to Puerto Rico, one sixth of one percent

each to the Virgin Islands and Guam, for maximum limit of

apportionment of $10,000 for the three governments together.

1959 - Pub. L. 86-70 struck out provisions which authorized

cooperation with the Alaska Game Commission and permitted

apportionment of not more than $75,000 in any one year to the

Territory of Alaska.

1956 - Act Aug. 1, 1956, inserted ''the Governor of Guam'' after

''Commissioner of Agriculture and Commerce of Puerto Rico,'' and

''Guam'' after ''Puerto Rico'' where they appeared in the three

remaining places.

Act July 2, 1956, struck out provisions which authorized the

Secretary to cooperate with the Division of Game and Fish of the

Board of Commissioners of Agriculture and Forestry of Hawaii,

removed the limitation of $25,000 on the amount of funds which

could be apportioned to Hawaii in any one year, and substituted

''Territory of Alaska'' for ''Territories'' in two places.

1950 - Act Aug. 3, 1950, increased funds allocated annually to

Alaska and Hawaii from $25,000 to $10,000, respectively, to $75,000

and $25,000.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2(b) of Pub. L. 98-347 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect

October 1, 1984.''

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 2, 1956, 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.

INCREASE OF ANNUAL APPORTIONMENTS

Act May 19, 1956, ch. 313, ch. VI, Sec. 601, 70 Stat. 169,

authorized increases of not more than 20 percent in the annual

appropriations for the former territories of Alaska and Hawaii, and

Puerto Rico and the Virgin Islands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669c of this title.

-CITE-

16 USC Sec. 669h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669h. Requirements and restrictions concerning use of amounts

for expenses for administration

-STATUTE-

(a) Authorized expenses for administration

Except as provided in subsection (b) of this section, the

Secretary of the Interior may use available amounts under section

669c(a)(1) of this title only for expenses for administration that

directly support the implementation of this chapter that consist of

-

(1) personnel costs of employees who directly administer this

chapter on a full-time basis;

(2) personnel costs of employees who directly administer this

chapter on a part-time basis for at least 20 hours each week, not

to exceed the portion of those costs incurred with respect to the

work hours of the employee during which the employee directly

administers this chapter, as those hours are certified by the

supervisor of the employee;

(3) support costs directly associated with personnel costs

authorized under paragraphs (1) and (2), excluding costs

associated with staffing and operation of regional offices of the

United States Fish and Wildlife Service and the Department of the

Interior other than for the purposes of this chapter;

(4) costs of determining under section 669e(a) of this title

whether State comprehensive plans and projects are substantial in

character and design;

(5) overhead costs, including the costs of general

administrative services, that are directly attributable to

administration of this chapter and are based on -

(A) actual costs, as determined by a direct cost allocation

methodology approved by the Director of the Office of

Management and Budget for use by Federal agencies; and

(B) in the case of costs that are not determinable under

subparagraph (A), an amount per full-time equivalent employee

authorized under paragraphs (1) and (2) that does not exceed

the amount charged or assessed for costs per full-time

equivalent employee for any other division or program of the

United States Fish and Wildlife Service;

(6) costs incurred in auditing, every 5 years, the wildlife and

sport fish activities of each State fish and game department and

the use of funds under section 669e of this title by each State

fish and game department;

(7) costs of audits under subsection (d) of this section;

(8) costs of necessary training of Federal and State full-time

personnel who administer this chapter to improve administration

of this chapter;

(9) costs of travel to States, territories, and Canada by

personnel who -

(A) administer this chapter on a full-time basis for purposes

directly related to administration of State programs or

projects; or

(B) administer grants under section 669e, 669h-1, or 669h-2

of this title;

(10) costs of travel outside the United States (except travel

to Canada), by personnel who administer this chapter on a

full-time basis, for purposes that directly relate to

administration of this chapter and that are approved directly by

the Assistant Secretary for Fish and Wildlife and Parks;

(11) relocation expenses for personnel who, after relocation,

will administer this chapter on a full-time basis for at least 1

year, as certified by the Director of the United States Fish and

Wildlife Service at the time at which the relocation expenses are

incurred; and

(12) costs to audit, evaluate, approve, disapprove, and advise

concerning grants under sections 669e, 669h-1, and 669h-2 of this

title.

(b) Reporting of other uses

(1) In general

Subject to paragraph (2), if the Secretary of the Interior

determines that available amounts under section 669c(a)(1) of

this title should be used for an expense for administration other

than an expense for administration described in subsection (a) of

this section, the Secretary -

(A) shall submit to the Committee on Environment and Public

Works of the Senate and the Committee on Resources of the House

of Representatives a report describing the expense for

administration and stating the amount of the expense; and

(B) may use any such available amounts for the expense for

administration only after the end of the 30-day period

beginning on the date of submission of the report under

subparagraph (A).

(2) Maximum amount

For any fiscal year, the Secretary of the Interior may use

under paragraph (1) not more than $25,000.

(c) Restriction on use to supplement general appropriations

The Secretary of the Interior shall not use available amounts

under subsection (b) of this section to supplement the funding of

any function for which general appropriations are made for the

United States Fish and Wildlife Service or any other entity of the

Department of the Interior.

(d) Audit requirement

(1) In general

The Inspector General of the Department of the Interior shall

procure the performance of biennial audits, in accordance with

generally accepted accounting principles, of expenditures and

obligations of amounts used by the Secretary of the Interior for

expenses for administration incurred in implementation of this

chapter.

(2) Auditor

(A) In general

An audit under this subsection shall be performed under a

contract that is awarded under competitive procedures (as

defined in section 403 of title 41) by a person or entity that

is not associated in any way with the Department of the

Interior (except by way of a contract for the performance of an

audit or other review).

(B) Supervision of auditor

The auditor selected under subparagraph (A) shall report to,

and be supervised by, the Inspector General of the Department

of the Interior, except that the auditor shall submit a copy of

the biennial audit findings to the Secretary of the Interior at

the time at which the findings are submitted to the Inspector

General of the Department of the Interior.

(3) Report to Congress

The Inspector General of the Department of the Interior shall

promptly submit to the Committee on Resources of the House of

Representatives and the Committee on Environment and Public Works

of the Senate -

(A) a report on the results of each audit under this

subsection; and

(B) a copy of each audit under this subsection.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 9, 50 Stat. 919; Pub. L. 106-408,

title I, Sec. 111(b), Nov. 1, 2000, 114 Stat. 1764.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-408 amended section generally. Prior to

amendment, section read as follows: ''Out of the deductions set

aside for administering and executing this chapter and the

Migratory Bird Conservation Act, the Secretary of the Interior is

authorized to employ such assistants, clerks, and other persons in

the city of Washington and elsewhere, to be taken from the eligible

lists of the Civil Service; to rent or construct buildings outside

of the city of Washington; to purchase such supplies, materials,

equipment, office fixtures, and apparatus; and to incur such travel

and other expenses, including purchase, maintenance, and hire of

passenger-carrying motor vehicles, as he may deem necessary for

carrying out the purposes of this chapter.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669c, 669k of this title.

-CITE-

16 USC Sec. 669h-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669h-1. Firearm and bow hunter education and safety program

grants

-STATUTE-

(a) In general

(1) Grants

Of the revenues covered into the fund, $7,500,000 for each of

fiscal years 2001 and 2002, and $8,000,000 for fiscal year 2003

and each fiscal year thereafter, shall be apportioned among the

States in the manner specified in section 669c(c) (FOOTNOTE 1) of

this title by the Secretary of the Interior and used to make

grants to the States to be used for -

(FOOTNOTE 1) Probably means section 669c(c) relating to

apportionment of certain taxes.

(A) in the case of a State that has not used all of the funds

apportioned to the State under section 669c(c) (FOOTNOTE 1) of

this title for the fiscal year in the manner described in

section 669g(b) of this title -

(i) the enhancement of hunter education programs, hunter

and sporting firearm safety programs, and hunter development

programs;

(ii) the enhancement of interstate coordination and

development of hunter education and shooting range programs;

(iii) the enhancement of bow hunter and archery education,

safety, and development programs; and

(iv) the enhancement of construction or development of

firearm shooting ranges and archery ranges, and the updating

of safety features of firearm shooting ranges and archery

ranges; and

(B) in the case of a State that has used all of the funds

apportioned to the State under section 669c(c) (FOOTNOTE 1) of

this title for the fiscal year in the manner described in

section 669g(b) of this title, any use authorized by this

chapter (including hunter safety programs and the construction,

operation, and maintenance of public target ranges).

(2) Limitation on use

Under paragraph (1), a State shall not be required to use more

than the amount described in section 669g(b) of this title for

hunter safety programs and the construction, operation, and

maintenance of public target ranges.

(b) Cost sharing

The Federal share of the cost of any activity carried out with a

grant under this section shall not exceed 75 percent of the total

cost of the activity.

(c) Period of availability; reapportionment

(1) Period of availability

Amounts made available and apportioned for grants under this

section shall remain available only for the fiscal year for which

the amounts are apportioned.

(2) Reapportionment

At the end of the period of availability under paragraph (1),

the Secretary of the Interior shall apportion amounts made

available that have not been used to make grants under this

section among the States described in subsection (a)(1)(B) of

this section for use by those States in accordance with this

chapter.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 10, as added Pub. L. 106-408, title

I, Sec. 112(2), Nov. 1, 2000, 114 Stat. 1766.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of act Sept. 2, 1937, was renumbered section

12 and is classified to section 669i of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669c, 669h of this title.

-CITE-

16 USC Sec. 669h-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669h-2. Multistate conservation grant program

-STATUTE-

(a) In general

(1) Amount for grants

Not more than $3,000,000 of the revenues covered into the fund

for a fiscal year shall be available to the Secretary of the

Interior for making multistate conservation project grants in

accordance with this section.

(2) Period of availability; apportionment

(A) Period of availability

Amounts made available under paragraph (1) shall remain

available for making grants only for the first fiscal year for

which the amount is made available and the following fiscal

year.

(B) Apportionment

At the end of the period of availability under subparagraph

(A), the Secretary of the Interior shall apportion any amounts

that remain available among the States in the manner specified

in section 669c(b) of this title for use by the States in the

same manner as funds apportioned under section 669c(b) of this

title.

(b) Selection of projects

(1) States or entities to be benefited

A project shall not be eligible for a grant under this section

unless the project will benefit -

(A) at least 26 States;

(B) a majority of the States in a region of the United States

Fish and Wildlife Service; or

(C) a regional association of State fish and game

departments.

(2) Use of submitted priority list of projects

The Secretary of the Interior may make grants under this

section only for projects identified on a priority list of

wildlife restoration projects described in paragraph (3).

(3) Priority list of projects

A priority list referred to in paragraph (2) is a priority list

of wildlife restoration projects that the International

Association of Fish and Wildlife Agencies -

(A) prepares through a committee comprised of the heads of

State fish and game departments (or their designees), in

consultation with -

(i) nongovernmental organizations that represent

conservation organizations;

(ii) sportsmen organizations; and

(iii) industries that support or promote hunting, trapping,

recreational shooting, bow hunting, or archery;

(B) approves by vote of a majority of the heads of State fish

and game departments (or their designees); and

(C) not later than October 1 of each fiscal year, submits to

the Assistant Director for Wildlife and Sport Fish Restoration

Programs.

(4) Publication

The Assistant Director for Wildlife and Sport Fish Restoration

Programs shall publish in the Federal Register each priority list

submitted under paragraph (3)(C).

(c) Eligible grantees

(1) In general

The Secretary of the Interior may make a grant under this

section only to -

(A) a State or group of States;

(B) the United States Fish and Wildlife Service, or a State

or group of States, for the purpose of carrying out the

National Survey of Fishing, Hunting, and Wildlife-Associated

Recreation; and

(C) subject to paragraph (2), a nongovernmental organization.

(2) Nongovernmental organizations

(A) In general

Any nongovernmental organization that applies for a grant

under this section shall submit with the application to the

International Association of Fish and Wildlife Agencies a

certification that the organization -

(i) will not use the grant funds to fund, in whole or in

part, any activity of the organization that promotes or

encourages opposition to the regulated hunting or trapping of

wildlife; and

(ii) will use the grant funds in compliance with subsection

(d) of this section.

(B) Penalties for certain activities

Any nongovernmental organization that is found to use grant

funds in violation of subparagraph (A) shall return all funds

received under this section and be subject to any other

applicable penalties under law.

(d) Use of grants

A grant under this section shall not be used, in whole or in

part, for an activity, project, or program that promotes or

encourages opposition to the regulated hunting or trapping of

wildlife.

(e) Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to any activity carried out under this section.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 11, as added Pub. L. 106-408, title

I, Sec. 113, Nov. 1, 2000, 114 Stat. 1767.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 11 of act Sept. 2, 1937, was classified to

section 669j of this title prior to repeal by act Aug. 7, 1946.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669c, 669h of this title.

-CITE-

16 USC Sec. 669i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669i. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to make rules and

regulations for carrying out the provisions of this chapter.

-SOURCE-

(Sept. 2, 1937, ch. 899, Sec. 12, formerly Sec. 10, 50 Stat. 919;

1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433; renumbered Sec. 12, Pub. L. 106-408, title I,

Sec. 112(1), Nov. 1, 2000, 114 Stat. 1766.)

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

Government Organization and Employees, transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-CITE-

16 USC Sec. 669j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669j. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(14), 60 Stat.

867

-MISC1-

Section, act Sept. 2, 1937, ch. 899, Sec. 11, 50 Stat. 919;

Reorg. Plan No. II, Sec. 4(f) of 1939, eff. July 1, 1939, 4 F.R.

2731, 53 Stat. 1433, related to annual report to Congress by the

Secretary of the Interior.

-CITE-

16 USC Sec. 669k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 5B - WILDLIFE RESTORATION

-HEAD-

Sec. 669k. Reports and certifications

-STATUTE-

(a) Implementation report

(1) In general

At the time at which the President submits to Congress a budget

request for the Department of the Interior for fiscal year 2002,

the Secretary of the Interior shall submit to the Committee on

Resources of the House of Representatives and the Committee on

Environment and Public Works of the Senate a report on the steps

that have been taken to comply with this title (FOOTNOTE 1) and

the amendments made by this title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(2) Contents

The report under paragraph (1) shall describe -

(A) the extent to which compliance with this title (FOOTNOTE

1) and the amendments made by this title (FOOTNOTE 1) has

required a reduction in the number of personnel assigned to

administer, manage, and oversee the Federal Assistance Program

for State Wildlife and Sport Fish Restoration;

(B) any revisions to this title (FOOTNOTE 1) or the

amendments made by this title (FOOTNOTE 1) that would be

desirable in order for the Secretary of the Interior to

adequately administer the Program and ensure that funds

provided to State agencies are properly used; and

(C) any other information concerning the implementation of

this title (FOOTNOTE 1) and the amendments made by this title

(FOOTNOTE 1) that the Secretary of the Interior considers

appropriate.

(b) Projected spending report

At the time at which the President submits a budget request for

the Department of the Interior for fiscal year 2002 and each fiscal

year thereafter, the Secretary of the Interior shall report in

writing to the Committee on Resources of the House of

Representatives and the Committee on Environment and Public Works

of the Senate the amounts, broken down by category, that are

intended to be used for the fiscal year under section 4(a)(1) of

the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.

669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson Sport Fish

Restoration Act (16 U.S.C. 777c(d)(1)).

(c) Spending certification and report

Not later than 60 days after the end of each fiscal year, the

Secretary of the Interior shall certify and report in writing to

the Committee on Resources of the House of Representatives and the

Committee on Environment and Public Works of the Senate -

(1) the amounts, broken down by category, that were used for

the fiscal year under section 4(a)(1) of the Pittman-Robertson

Wildlife Restoration Act (16 U.S.C. 669c(a)(1)) and section

4(d)(1) of the Dingell-Johnson Sport Fish Restoration Act (16

U.S.C. 777c(d)(1));

(2) the amounts apportioned to States for the fiscal year under

section 4(a)(2) of the Pittman-Robertson Wildlife Restoration Act

(16 U.S.C. 669c(a)(2)) and section 4(d)(2)(A) of the

Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.

777c(d)(2)(A));

(3) the results of the audits performed under section 9(d) of

the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(d)

(FOOTNOTE 2) and section 9(d) of the Dingell-Johnson Sport Fish

Restoration Act (16 U.S.C. 777h(d));

(FOOTNOTE 2) So in original. Probably should be followed by a

second closing parenthesis.

(4) that all amounts used for the fiscal year under section

4(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16

U.S.C. 669c(a)(1)) and section 4(d)(1) of the Dingell-Johnson

Sport Fish Restoration Act (16 U.S.C. 777c(d)(1)) were necessary

for expenses for administration incurred in implementation of

those Acts;

(5) that all amounts used for the fiscal year to administer

those Acts by agency headquarters and by regional offices of the

United States Fish and Wildlife Service were used in accordance

with those Acts; and

(6) that the Secretary of the Interior, the Assistant Secretary

for Fish and Wildlife and Parks, the Director of the United

States Fish and Wildlife Service, and the Assistant Director for

Wildlife and Sport Fish Restoration Programs each properly

discharged their duties under those Acts.

(d) Certifications by States

(1) In general

Not later than 60 days after the end of each fiscal year, each

State that received amounts apportioned under the

Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et

seq.) or the Dingell-Johnson Sport Fish Restoration Act (16

U.S.C. 777 et seq.) for the fiscal year shall certify to the

Secretary of the Interior in writing that the amounts were

expended by the State in accordance with each of those Acts.

(2) Transmission to Congress

Not later than December 31 of a fiscal year, the Secretary of

the Interior shall transmit all certifications under paragraph

(1) for the previous fiscal year to the Committee on Resources of

the House of Representatives and the Committee on Environment and

Public Works of the Senate.

(e) Limitation on delegation

The Secretary of the Interior shall not delegate the

responsibility for making a certification under subsection (c) of

this section to any person except the Assistant Secretary for Fish

and Wildlife and Parks.

-SOURCE-

(Pub. L. 106-408, title I, Sec. 133, Nov. 1, 2000, 114 Stat. 1775.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (a), is title I of Pub. L.

106-408, Nov. 1, 2000, 114 Stat. 1762, known as the Wildlife and

Sport Fish Restoration Programs Improvement Act of 2000. For

complete classification of title I to the Code, see Short Title of

2000 Amendment note set out under section 669 of this title and

Tables.

The Pittman-Robertson Wildlife Restoration Act, referred to in

subsecs. (c)(4) to (6) and (d)(1), is act Sept. 2, 1937, ch. 899,

50 Stat. 917, as amended, also known as the Federal Aid in Wildlife

Restoration Act, which is classified generally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 669 of this title and Tables.

The Dingell-Johnson Sport Fish Restoration Act, referred to in

subsecs. (c)(4) to (6) and (d)(1), is act Aug. 9, 1950, ch. 658, 64

Stat. 430, as amended, also known as the Federal Aid in Fish

Restoration Act and the Fish Restoration and Management Projects

Act, which is classified generally to chapter 10B (Sec. 777 et

seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 777 of this

title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Fish and Wildlife Programs

Improvement and National Wildlife Refuge System Centennial Act of

2000, and not as part of the Pittman-Robertson Wildlife Restoration

Act which comprises this chapter.

-CITE-