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16 USC Sec. 669b 01/05/99
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TITLE 16 - CONSERVATION
CHAPTER 5B - WILDLIFE RESTORATION
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Sec. 669b. Authorization of appropriations; disposition of
unexpended funds
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(a)(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'. Amounts transferred to the fund for a fiscal year under section
5(b)(3) of the Conservation and Reinvestment Act of 1999 shall be deposited in
the subaccount and shall be available without further appropriation, in each
fiscal year, for apportionment in accordance with this Act to carry out State
wildlife conservation and restoration programs.
(b)(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) Amounts transferred to the Fund from the Conservation and Reinvestment Act Fund and apportioned under subsection (a)(2) 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.
(d)(1) Notwithstanding subsections (a) and (b) of this section, with respect to amounts transferred to the Fund from the Conservation and Reinvestment Act Fund so much of such amounts as is apportioned to any State for any fiscal year and as remains unexpended at the close thereof shall remain available for expenditure in that State until the close of--
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(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.)
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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.
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AMENDMENTS
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.''
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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.
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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.