Pittman-Robertson and Dingell-Johnson Acts

TITLE 16--CONSERVATION
CHAPTER 5B--WILDLIFE RESTORATION
Sec. 669. Cooperation of Secretary of the Interior with States;
conditions
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 wildliferestoration 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.
(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.)
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.
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 `PittmanRobertson 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'.''
Sec. 669a. Definitions
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, freeranging 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) \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,\1\ and maintenance of such projects;
--------------------------------------------------------------------------\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.
(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.)
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.
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].''
Sec. 669b. Authorization of appropriations
(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)).\1\
--------------------------------------------------------------------------\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 2016.
(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) \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.
--------------------------------------------------------------------------\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.
(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. 91503, 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; Pub. L. 109-75,
Sec. 1, Sept. 29, 2005, 119 Stat. 2034.)
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.
Amendments
2005--Subsec. (b)(2)(C). Pub. L. 109-75 substituted ``2016'' for
``2006''.
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.''
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.
Sec. 669b-1. Authorization of appropriation of accumulated
unappropriated receipts
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.

(Aug. 12, 1955, ch. 861, Sec. 1, 69 Stat. 698.)
Codification
Section was not enacted as part of act Sept. 2, 1937, ch. 899, 50
Stat. 917, which comprises this chapter.
Sec. 669c. Allocation and apportionment of available amounts
(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) \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.
--------------------------------------------------------------------------\1\ Probably means the subsection (c) relating to apportionment of
certain taxes.
--------------------------------------------------------------------------(c) \2\ Apportionment of certain taxes
--------------------------------------------------------------------------\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) \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) \3\
of this section an amount that shall not exceed 75 percent of the
estimated cost of developing and implementing the program.
--------------------------------------------------------------------------\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.
(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.)
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.
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.
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.
Sec. 669d. Apportionment; certification to States and Secretary
of the Treasury; acceptance by States; disposition of funds not
accepted
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.
(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. 91503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1098; Pub. L. 106-408,
title I, Sec. 114, Nov. 1, 2000, 114 Stat. 1769.)
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.
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.
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.
Sec. 669e. Submission and approval of plans and projects
(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 wildliferestoration 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.
(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.)
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).
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.
Sec. 669f. Payment of funds to States; laws governing
construction and labor
(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.
(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. 91503, title I, Sec. 102, Oct. 23, 1970, 84 Stat. 1100.)
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.
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.
Sec. 669g. Maintenance of projects; expenditures for management
of wildlife areas and resources
(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) \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.
--------------------------------------------------------------------------\1\ Probably means section 669c(c) relating to apportionment of
certain taxes.
---------------------------------------------------------------------------

(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. 92558, title I, Sec. 102(a), Oct. 25, 1972, 86 Stat. 1173; Pub. L. 106408, title I, Sec. 111(c), Nov. 1, 2000, 114 Stat. 1766; Pub. L. 106553, Sec. 1(a)(2) [title IX, Sec. 902(g)], Dec. 21, 2000, 114 Stat.
2762, 2762A-124.)
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).
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 ``wildliferestoration 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].''
Sec. 669g-1. Payment of funds to and cooperation with Puerto
Rico, Guam, American Samoa, Commonwealth of the Northern Mariana
Islands, and Virgin Islands
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.].
(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.)
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.
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.
Sec. 669h. Requirements and restrictions concerning use of
amounts for expenses for administration
(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.
(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.)
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.''
Sec. 669h-1. Firearm and bow hunter education and safety program
grants
(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) \1\ of this title by the
Secretary of the Interior and used to make grants to the States to
be used for---------------------------------------------------------------------------\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) \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) \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.
(Sept. 2, 1937, ch. 899, Sec. 10, as added Pub. L. 106-408, title I,

Sec. 112(2), Nov. 1, 2000, 114 Stat. 1766.)
Prior Provisions
A prior section 10 of act Sept. 2, 1937, was renumbered section 12
and is classified to section 669i of this title.
Sec. 669h-2. Multistate conservation grant program
(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.
(Sept. 2, 1937, ch. 899, Sec. 11, as added Pub. L. 106-408, title I,
Sec. 113, Nov. 1, 2000, 114 Stat. 1767.)
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.
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.
Sec. 669i. Rules and regulations
The Secretary of the Interior is authorized to make rules and
regulations for carrying out the provisions of this chapter.
(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.)
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.

Sec. 669j. Repealed. Aug. 7, 1946, ch. 770, Sec. 1(14), 60 Stat.
867
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.
Sec. 669k. Reports and certifications
(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 \1\ and the amendments made by this
title.\1\
--------------------------------------------------------------------------\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 \1\ and
the amendments made by this title \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 \1\ or the amendments made
by this title \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 \1\ and the amendments made by this title \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)).\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));
\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)); \1\
(3) the results of the audits performed under section 9(d) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(d)
\2\ and section 9(d) of the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777h(d));
--------------------------------------------------------------------------\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)) \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 DingellJohnson 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.
(Pub. L. 106-408, title I, Sec. 133, Nov. 1, 2000, 114 Stat. 1775.)
References in Text
This title, referred to in subsec. (a), is title I of Pub. L. 106408, 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. (b), (c), 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.
Section 4(d) of the Act was redesignated section 4(b) by Pub. L. 109-59,
title X, Sec. 10113(1), Aug. 10, 2005, 119 Stat. 1927, and is classified
to section 777c(b) 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.
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.