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16 USC Sec. 669c 01/05/99

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TITLE 16 - CONSERVATION
CHAPTER 5B - WILDLIFE RESTORATION

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Sec. 669c. Apportionment of funds; expenses of Secretary

-STATUTE-
(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 (16 U.S.C. 715 et seq.) 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. The Secretary of the Interior, after
making the aforesaid deduction, shall apportion, except as provided
in subsection (b) of this section, 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.
(b) 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, 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) AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT ACT FUND- (1) The Secretary of the Interior shall make the following apportionment from the amount transferred to the Fund from the Conservation and Reinvestment Act Fund for each fiscal year:

(A) To the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than 1/2 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 1/6 of 1 percent thereof.

(i) 1/3 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.

(ii) 2/3 of which is based on the ratio to which the population of such State bears to the total population of all such States.

(3) Amounts transferred to the Fund from the Conservation and Reinvestment Act Fund shall not be available for any 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 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 8(a) of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669g(a)); and

(C) provisions to ensure public participation in the development, revision, and implementation of projects and programs required under this paragraph.

(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) an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program.

(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 United States 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.)

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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 - 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.

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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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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.

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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 669g of this title.