Pittman-Robertson Wildlife Restoration Act (P-R Act) (16 U.S.C. 669 et seq.), as amended

Page 1121

§§ 668kk to 668ss

TITLE 16—CONSERVATION

mean to sustain and, where appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance
with applicable Federal and State laws, methods and procedures associated with modern
scientific resource programs. Such methods
and procedures include, consistent with the
provisions of this Act, protection, research,
census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.
(5) The term ‘‘Coordination Area’’ means a
wildlife management area that is made available to a State—
(A) by cooperative agreement between the
United States Fish and Wildlife Service and
a State agency having control over wildlife
resources pursuant to section 664 of this
title; or
(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones
Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010
et seq.).

sections 668aa to 668ee, amended sections 460k, 696, 696b,
715c, 715i to 715k, 718d, and repealed sections 715d–1,
715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.
The Bankhead-Jones Farm Tenant Act, referred to in
par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522, as
amended. Title III of the Act is classified generally to
subchapter III (§ 1010 et seq.) of chapter 33 of Title 7,
Agriculture. For complete classification of this Act to
the Code, see Short Title note set out under section
1000 of Title 7 and Tables.

(6) The term ‘‘Director’’ means the Director
of the United States Fish and Wildlife Service
or a designee of that Director.
(7) The terms ‘‘fish’’, ‘‘wildlife’’, and ‘‘fish
and wildlife’’ mean any wild member of the
animal kingdom whether alive or dead, and regardless of whether the member was bred,
hatched, or born in captivity, including a part,
product, egg, or offspring of the member.
(8) The term ‘‘person’’ means any individual,
partnership, corporation, or association.
(9) The term ‘‘plant’’ means any member of
the plant kingdom in a wild, unconfined state,
including any plant community, seed, root, or
other part of a plant.
(10) The terms ‘‘purposes of the refuge’’ and
‘‘purposes of each refuge’’ mean the purposes
specified in or derived from the law, proclamation, executive order, agreement, public land
order, donation document, or administrative
memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.
(11) The term ‘‘refuge’’ means a designated
area of land, water, or an interest in land or
water within the System, but does not include
Coordination Areas.
(12) The term ‘‘Secretary’’ means the Secretary of the Interior.
(13) The terms ‘‘State’’ and ‘‘United States’’
mean the several States of the United States,
Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.
(14) The term ‘‘System’’ means the National
Wildlife Refuge System designated under section 668dd(a)(1) of this title.
(15) The terms ‘‘take’’, ‘‘taking’’, and
‘‘taken’’ mean to pursue, hunt, shoot, capture,
collect, or kill, or to attempt to pursue, hunt,
shoot, capture, collect, or kill.

§§ 668ff to 668jj. Omitted

AMENDMENTS
1997—Pub. L. 105–57 inserted section catchline and
amended text generally. Prior to amendment, text read
as follows:
‘‘(a) The term ‘person’ as used in this Act means any
individual, partnership, corporation, or association.
‘‘(b) The terms ‘take’ or ‘taking’ or ‘taken’ as used in
this Act mean to pursue, hunt, shoot, capture, collect,
kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.
‘‘(c) The terms ‘State’ and the ‘United States’ as used
in this Act mean the several States of the United
States, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, and Guam.’’

Sections, Pub. L. 92–330, June 30, 1972, 86 Stat. 399,
which established San Francisco Bay National Wildlife
Refuge to be administered by Secretary of the Interior
in accordance with the National Wildlife Refuge System Administration Act, have been omitted because of
the limited scope of the subject matter. The San Francisco Bay National Wildlife Refuge [now Don Edwards
San Francisco Bay National Wildlife Refuge] has been
set out in the table of National Wildlife Refuges under
section 668dd of this title.

§§ 668kk to 668ss. Omitted
Sections, Pub. L. 94–466, Oct. 8, 1976, 90 Stat. 1992,
which established Minnesota Valley National Wildlife
Refuge to be administered by Secretary of the Interior
in accordance with the National Wildlife Refuge System Administration Act, have been omitted because of
the limited scope of the subject matter. The Minnesota
National Wildlife Refuge has been set out in the table
of National Wildlife Refuges under section 668dd of this
title.

CHAPTER 5B—WILDLIFE RESTORATION
Sec.

669.
669a.
669b.
669b–1.
669c.
669d.
669e.
669f.
669g.
669g–1.

(Pub. L. 89–669, § 5, Oct. 15, 1966, 80 Stat. 929; Pub.
L. 105–57, § 3(a), Oct. 9, 1997, 111 Stat. 1253.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 89–669,
Oct. 15, 1966, 80 Stat. 927, as amended, which enacted

669h.
669h–1.

Cooperation of Secretary of the Interior with
States; conditions.
Definitions.
Authorization of appropriations.
Authorization of appropriation of accumulated unappropriated receipts.
Allocation and apportionment of available
amounts.
Apportionment; certification to States and
Secretary of the Treasury; acceptance by
States; disposition of funds not accepted.
Submission and approval of plans and
projects.
Payment of funds to States; laws governing
construction and labor.
Maintenance of projects; expenditures for
management of wildlife areas and resources.
Payment of funds to and cooperation with
Puerto Rico, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and Virgin Islands.
Requirements and restrictions concerning use
of amounts for expenses for administration.
Firearm and bow hunter education and safety
program grants.

§ 669

TITLE 16—CONSERVATION

Sec.

669h–2.
669i.
669j.
669k.

Multistate conservation grant program.
Rules and regulations.
Repealed.
Reports and certifications.

§ 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
wildlife-restoration projects to be aided in such
State under the terms of this chapter and all
projects shall conform to the standards fixed by
the Secretary of the Interior. One of the purposes of this chapter is to provide financial and
technical assistance to the States for the promotion of hunting and recreational shooting.
(Sept. 2, 1937, ch. 899, § 1, 50 Stat. 917; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 116–94, div. P, title V, § 501(b),
Dec. 20, 2019, 133 Stat. 3191.)
AMENDMENTS
2019—Pub. L. 116–94 inserted at end ‘‘One of the purposes of this chapter is to provide financial and technical assistance to the States for the promotion of
hunting and recreational shooting.’’
SHORT TITLE OF 2019 AMENDMENT
Pub. L. 116–94, div. P, title V, § 501(a), Dec. 20, 2019, 133
Stat. 3191, provided that: ‘‘This title [amending this
section and sections 669a, 669c, 669g, 669h–1, and 669h–2
of this title and enacting provisions set out as a note
under section 669h–2 of this title] may be cited as the
‘Modernizing the Pittman-Robertson Fund for Tomorrow’s Needs Act’.’’
Pub. L. 116–17, § 1, May 10, 2019, 133 Stat. 866, provided
that: ‘‘This Act [amending sections 669a, 669g, and
669h–1 of this title and enacting provisions set out as a
note under section 669a of this title] may be cited as
the ‘Target Practice and Marksmanship Training Support Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–408, § 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, § 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, Inter-

Page 1122

nal 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
Pub. L. 91–503, title I, § 103, Oct. 23, 1970, 84 Stat. 1101,
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, § 13, as added by Pub. L.
106–408, title I, § 101(b), Nov. 1, 2000, 114 Stat. 1763, provided that: ‘‘This Act [enacting this chapter] may be
cited as the ‘Pittman-Robertson Wildlife Restoration
Act’.’’
Act Sept. 2, 1937, ch. 899, as amended, is also popularly known as the ‘‘Federal Aid in Wildlife Restoration Act’’.
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.
STATEMENT OF PURPOSE AND DEFINITION IN PUB. L.
106–553
Pub. L. 106–553, § 1(a)(2) [title IX, § 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, § 1(a)(2) [title IX, § 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

Page 1123

TITLE 16—CONSERVATION

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, § 1(a)(2) [title IX, § 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, § 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’.’’

§ 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) for the purposes of determining the number of paid hunting-license holders in a State,
the term ‘‘fiscal year’’ means the fiscal year
or license year of the State;
(3) the term ‘‘hunter recruitment and recreational shooter recruitment’’ means any activity or project to recruit or retain hunters
and recreational shooters, including by—
(A) outreach and communications as a
means—
(i) to improve communications with
hunters, recreational shooters, and the
general public with respect to hunting and
recreational shooting opportunities;
(ii) to reduce barriers to participation in
these activities;
(iii) to advance the adoption of sound
hunting and recreational shooting practices;
(iv) to promote conservation and the responsible use of the wildlife resources of
the United States; and

§ 669a

(v) to further safety in hunting and recreational shooting;
(B) providing education, mentoring, and
field demonstrations;
(C) enhancing access for hunting and recreational shooting, including through range
construction; and
(D) providing education to the public
about the role of hunting and recreational
shooting in funding wildlife conservation;
(4) the term ‘‘public target range’’ means a
specific location that—
(A) is identified by a governmental agency
for recreational shooting;
(B) is open to the public;
(C) may be supervised; and
(D) may accommodate archery or rifle, pistol, or shotgun shooting;
(5) the term ‘‘Secretary’’ means the Secretary of the Interior;
(6) 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.
(7) the term ‘‘wildlife’’ means any species of
wild, free-ranging fauna including fish, and
also fauna in captive breeding programs the
object of which is to reintroduce individuals of
a depleted indigenous species into previously
occupied range;
(8) 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;
(9) 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;
(10) the term ‘‘wildlife conservation education’’ means projects, including public outreach, intended to foster responsible natural
resource stewardship; and
(11) 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,
1 See

References in Text note below.

§ 669b

TITLE 16—CONSERVATION

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, § 2, 50 Stat. 917; July 2, 1956,
ch. 489, § 1, 70 Stat. 473; Pub. L. 86–624, § 10, July
12, 1960, 74 Stat. 412; Pub. L. 106–553, § 1(a)(2)
[title IX, § 902(c)], Dec. 21, 2000, 114 Stat. 2762,
2762A–119; Pub. L. 116–17, § 4(a), May 10, 2019, 133
Stat. 867; Pub. L. 116–94, div. P, title V, § 501(c),
Dec. 20, 2019, 133 Stat. 3191.)
REFERENCES IN TEXT
Section 669c(d) of this title, referred to in par. (9), 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. Section 669c(d) of this title was redesignated section 669c(e)
of this title by Pub. L. 116–94, div. P, title V,
§ 501(d)(2)(A), Dec. 20, 2019, 133 Stat. 3192.
This chapter, referred to in par. (9), 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
2019—Pars. (2) to (11). Pub. L. 116–94 added pars. (2)
and (3) and redesignated former pars. (2) to (9) as (4) to
(11), respectively.
Pub. L. 116–17 added par. (2) and redesignated former
pars. (2) to (8) as (3) to (9), respectively. Such pars. (2)
to (9) were subsequently redesignated (4) to (11) by Pub.
L. 116–94.
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
Act July 2, 1956, ch. 489, § 5, 70 Stat. 473, provided in
part that: ‘‘The amendments made by this Act [amend-

Page 1124

ing 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].’’
FINDINGS, PURPOSE, AND DEFINITION REGARDING
PUBLIC TARGET RANGES
Pub. L. 116–17, §§ 2, 3, May 10, 2019, 133 Stat. 866, 867,
provided that:
‘‘SEC. 2. FINDINGS; PURPOSE.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the use of firearms and archery equipment for
target practice and marksmanship training activities
on Federal land is allowed, except to the extent specific portions of that land have been closed to those
activities;
‘‘(2) in recent years preceding the date of enactment of this Act [May 10, 2019], portions of Federal
land have been closed to target practice and marksmanship training for many reasons;
‘‘(3) the availability of public target ranges on nonFederal land has been declining for a variety of reasons, including continued population growth and development near former ranges;
‘‘(4) providing opportunities for target practice and
marksmanship training at public target ranges on
Federal and non-Federal land can help—
‘‘(A) to promote enjoyment of shooting, recreational, and hunting activities; and
‘‘(B) to ensure safe and convenient locations for
those activities;
‘‘(5) Federal law in effect on the date of enactment
of this Act, including the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public
target ranges by making available to States amounts
that may be used for construction, operation, and
maintenance of public target ranges; and
‘‘(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion of public target ranges.
‘‘(b) PURPOSE.—The purpose of this Act [see Short
Title of 2019 Amendment note set out under section 669
of this title] is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.
‘‘SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.
‘‘In this Act, the term ‘public target range’ means a
specific location that—
‘‘(1) is identified by a governmental agency for recreational shooting;
‘‘(2) is open to the public;
‘‘(3) may be supervised; and
‘‘(4) may accommodate archery or rifle, pistol, or
shotgun shooting.’’

§ 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

Page 1125

§ 669b

TITLE 16—CONSERVATION

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
(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; and
(C) shall become available for apportionment under this chapter at the beginning of
fiscal year 2026.
(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) of this title, including
wildlife conservation, wildlife conservation education,
and
wildlife-associated
recreation
projects. Such funds may be used for new pro1 So in original. Probably should be ‘‘paragraph (1) of subsection (b)’’.

grams and projects as well as to enhance existing programs and projects.
(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, § 3, 50 Stat. 917; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 91–503, title I, § 101, Oct. 23,
1970, 84 Stat. 1097; Pub. L. 92–558, title I, § 101(a),
Oct. 25, 1972, 86 Stat. 1172; Pub. L. 99–514, § 2, Oct.
22, 1986, 100 Stat. 2095; Pub. L. 101–233, § 7(a)(1),
Dec. 13, 1989, 103 Stat. 1974; Pub. L. 106–553,
§ 1(a)(2) [title IX, § 902(d)], Dec. 21, 2000, 114 Stat.
2762, 2762A–120; Pub. L. 109–75, § 1, Sept. 29, 2005,
119 Stat. 2034; Pub. L. 114–113, div. G, title I, § 120,
Dec. 18, 2015, 129 Stat. 2552.)
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
(§ 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
2015—Subsec. (b)(2)(C). Pub. L. 114–113 substituted
‘‘2026’’ for ‘‘2016’’.
2005—Subsec. (b)(2)(C). Pub. L. 109–75 substituted
‘‘2016’’ for ‘‘2006’’.
2000—Subsec. (a). Pub. L. 106–553, § 1(a)(2) [title IX,
§ 902(d)(1)], designated existing provisions as par. (1) and
added par. (2).
Subsecs. (c), (d). Pub. L. 106–553, § 1(a)(2) [title IX,
§ 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
Pub. L. 101–233, § 7(a)(3), Dec. 13, 1989, 103 Stat. 1975,
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
Pub. L. 92–558, title I, § 101(c), Oct. 25, 1972, 86 Stat.
1172, 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] of this section shall take effect January 1, 1975.’’

§ 669b–1

TITLE 16—CONSERVATION
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.

§ 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 the Act entitled ‘‘An Act to
provide that the United States shall aid the
States in wildlife-restoration projects, and for
other purposes’’, approved September 2, 1937, as
amended (16 U.S.C., secs. 669–669i), 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, such Act of September 2, 1937, and shall be in addition to the funds
appropriated under section 3 of such Act [16
U.S.C. 669b].
(Aug. 12, 1955, ch. 861, § 1, 69 Stat. 698.)
REFERENCES IN TEXT
The Act entitled ‘‘An Act to provide that the United
States shall aid the States in wildlife-restoration
projects, and for other purposes’’, approved September
2, 1937, referred to in text, is act Sept. 2, 1937, ch. 899,
50 Stat. 917, known as the Pittman-Robertson Wildlife
Restoration Act and also popularly 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.
CODIFICATION
Section was not enacted as part of the Pittman-Robertson Wildlife Restoration Act which comprises this
chapter.

§ 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;

Page 1126

(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), the
amount apportioned under subsection (c), 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.
(c) Apportionment of revenues from pistols, revolvers, bows, and arrows
(1) In general
Subject to paragraph (2), 1⁄2 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.

Page 1127

TITLE 16—CONSERVATION

(2) Condition
The amount apportioned to each State under
paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues described in such paragraph 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.
(3) Population determination
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.
(4) Use of funds
In addition to other uses authorized under
this chapter, amounts apportioned under this
subsection may be used for hunter recruitment and recreational shooter recruitment.
(d) 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.
(e) 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—

§ 669c

(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

§ 669c

TITLE 16—CONSERVATION

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 (d), as
redesignated 1 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 Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Sept. 2, 1937, ch. 899, § 4, 50 Stat. 918; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; July 24, 1946, ch. 605, § 1, 60 Stat. 656;
Pub. L. 91–503, title I, § 102, Oct. 23, 1970, 84 Stat.
1098; Pub. L. 92–558, title I, § 101(b), Oct. 25, 1972,
86 Stat. 1172; Pub. L. 94–273, § 4(1), Apr. 21, 1976,
90 Stat. 377; Pub. L. 99–396, § 8(b), Aug. 27, 1986,
100 Stat. 839; Pub. L. 101–233, § 7(a)(2), Dec. 13,
1989, 103 Stat. 1975; Pub. L. 106–408, title I,
§ 111(a), Nov. 1, 2000, 114 Stat. 1763; Pub. L.
106–553, § 1(a)(2) [title IX, § 902(e)], Dec. 21, 2000,
114 Stat. 2762, 2762A–121; Pub. L. 116–94, div. P,
title V, § 501(d), Dec. 20, 2019, 133 Stat. 3192.)
REFERENCES IN TEXT
Subsection (d), as redesignated, referred to in subsec.
(e)(3), probably refers to the redesignation of a second
subsec. (c) of this section as (d) by Pub. L. 116–94, div.
P, title V, § 501(d)(2)(A), Dec. 20, 2019, 133 Stat. 3192. See
2019 Amendment note below.
AMENDMENTS
2019—Subsec. (c). Pub. L. 116–94, § 501(d)(1)(A), inserted
heading.
Subsec. (c)(1). Pub. L. 116–94, § 501(d)(1)(B), (C), designated the portion of the first sentence of existing provisions preceding the proviso as par. (1), inserted heading, and substituted ‘‘Subject to paragraph (2), 1⁄2’’ for
‘‘One-half’’ and a period for ‘‘: Provided, That’’.
Subsec. (c)(2). Pub. L. 116–94, § 501(d)(1)(D), designated
the portion of the first sentence of existing provisions
that had followed ‘‘Provided, That’’ as par. (2), inserted
heading, and substituted ‘‘The amount apportioned to
each State under paragraph (1) shall be not greater
1 See

References in Text note below.

Page 1128

than 3 percent and not less than 1 percent of the revenues described in such paragraph’’ for ‘‘each State shall
be apportioned not more than 3 per centum and not less
than 1 per centum of such revenues’’.
Subsec. (c)(3). Pub. L. 116–94, § 501(d)(1)(E), designated
second sentence of existing provisions as par. (3) and inserted heading.
Subsec. (c)(4). Pub. L. 116–94, § 501(d)(1)(F), added par.
(4).
Subsecs. (d), (e). Pub. L. 116–94, § 501(d)(2)(A), redesignated second subsec. (c), as added by Pub. L. 106–553,
and subsec. (d) as (d) as (e), respectively.
Subsec. (e)(3). Pub. L. 116–94, § 501(d)(2)(B), substituted
‘‘subsection (d), as redesignated’’ for ‘‘subsection (c)’’.
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), the amount apportioned under subsection (c), 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.

Page 1129

TITLE 16—CONSERVATION
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, § 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 the former Appendix to Title 50, War and National Defense, which act expired June 30, 1945.

§ 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, § 5, 50 Stat. 918; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 91–503, title I, § 102, Oct. 23,
1970, 84 Stat. 1098; Pub. L. 106–408, title I, § 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 (§ 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.

§ 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

§ 669e

game department, submit programs or projects
for wildlife restoration in either of the following
two ways:
(1) The State shall prepare and submit to the
Secretary of the Interior a comprehensive fish
and wildlife resource management plan which
shall insure the perpetuation of these resources
for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a
period of not less than five years and be based on
projections of desires and needs of the people for
a period of not less than fifteen years. It shall
include provisions for updating at intervals of
not more than three years and be provided in a
format as may be required by the Secretary of
the Interior. If the Secretary of the Interior
finds that such plans conform to standards established by him and approves such plans, he
may finance up to 75 per centum of the cost of
implementing segments of those plans meeting
the purposes of this chapter from funds apportioned under this chapter upon his approval of
an annual agreement submitted to him.
(2) A State may elect to avail itself of the benefits of this chapter by its State fish and game
department submitting to the Secretary of the
Interior full and detailed statements of any
wildlife-restoration project proposed for that
State. If the Secretary of the Interior finds that
such project meets with the standards set by
him and approves said project, the State fish
and game department shall furnish to him such
surveys, plans, specifications, and estimates
therefor as he may require. If the Secretary of
the Interior approves the plans, specifications,
and estimates for the project, he shall notify the
State fish and game department and immediately set aside so much of said fund as represents the share of the United States payable
under this chapter on account of such project,
which sum so set aside shall not exceed 75 per
centum of the total estimated cost thereof.
The Secretary of the Interior shall approve
only such comprehensive plans or projects as
may be substantial in character and design and
the expenditure of funds hereby authorized shall
be applied only to such approved comprehensive
wildlife plans or projects and if otherwise applied they shall be replaced by the State before
it may participate in any further apportionment
under this chapter. No payment of any money
apportioned under this chapter shall be made on
any comprehensive wildlife plan or project until
an agreement to participate therein shall have
been submitted to and approved by the Secretary of the Interior.
(b) ‘‘Project’’ defined
If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of
subsection (a) of this section, then the term
‘‘project’’ may be defined for the purposes of
this chapter as a wildlife program, all other definitions notwithstanding.
(c) Costs
Administrative costs in the form of overhead
or indirect costs for services provided by State
central service activities outside of the State
agency having primary jurisdiction over the
wildlife resources of the State which may be

§ 669f

TITLE 16—CONSERVATION

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, § 6, 50 Stat. 918; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 91–503, title I, § 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.

§ 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

Page 1130

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, § 7, 50 Stat. 919; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 91–503, title I, § 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.

§ 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) 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) EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.—
(1) IN GENERAL.—Except as provided in paragraph (2), each State may use the funds apportioned to it under section 669c(c) of this title
to pay up to 75 per centum of the costs of a
hunter safety program and the operation and
maintenance of public target ranges.
(2) EXCEPTION.—Notwithstanding the limitation described in paragraph (1), a State may
pay up to 90 percent of the cost of acquiring
land for, expanding, or constructing a public
target range.
(3) NON-FEDERAL SHARE.—The non-Federal
share of such costs may be derived from license fees paid by hunters, but not from other
Federal grant programs.
(4) REGULATIONS.—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.
(Sept. 2, 1937, ch. 899, § 8, 50 Stat. 919; July 24,
1946, ch. 605, § 2, 60 Stat. 656; Aug. 12, 1955, ch. 861,
§ 2, 69 Stat. 698; Pub. L. 91–503, title I, § 102, Oct.
23, 1970, 84 Stat. 1100; Pub. L. 92–558, title I,

Page 1131

§ 669g–1

TITLE 16—CONSERVATION

§ 102(a), Oct. 25, 1972, 86 Stat. 1173; Pub. L.
106–408, title I, § 111(c), Nov. 1, 2000, 114 Stat. 1766;
Pub. L. 106–553, § 1(a)(2) [title IX, § 902(g)], Dec.
21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 116–17,
§ 4(b), May 10, 2019, 133 Stat. 867; Pub. L. 116–94,
div. P, title V, § 501(e), Dec. 20, 2019, 133 Stat.
3193.)
REFERENCES IN TEXT
The effective date of this subsection, referred to in
subsec. (b)(4), probably means Oct. 23, 1970, the date of
approval of Pub. L. 91–503, which added subsec. (b).
AMENDMENTS
2019—Subsec. (a). Pub. L. 116–94, § 501(e)(1), struck out
‘‘and public relations’’ after ‘‘(exclusive of law enforcement’’.
Subsec. (b). Pub. L. 116–17 inserted subsec. heading,
designated first, second, and third sentences of existing
provisions as pars. (1), (3), and (4), respectively, and inserted par. headings, in par. (1), substituted ‘‘Except as
provided in paragraph (2), each State’’ for ‘‘Each State’’
and ‘‘operation’’ for ‘‘construction, operation,’’, and
added par. (2).
Subsec. (b)(1). Pub. L. 116–94, § 501(e)(2), struck out
‘‘, as a part of such program’’ before period at end.
2000—Subsec. (a). Pub. L. 106–553 inserted at end
‘‘Funds from the Wildlife Conservation and Restoration
Account may be used for a wildlife conservation education program, except that no such funds may be used
for education efforts, projects, or programs that promote or encourage opposition to the regulated taking
of wildlife.’’
Subsec. (b). Pub. L. 106–408 substituted ‘‘section
669c(c) of this title’’ for ‘‘section 669c(b) of this title’’ in
first sentence.
1972—Subsec. (b). Pub. L. 92–558 substituted ‘‘public
target ranges’’ for ‘‘public outdoor target ranges’’ in
two places.
1970—Pub. L. 91–503 designated existing provisions as
subsec. (a), struck out the 25 percent limitation on the
use of Federal funds for wildlife restoration projects
and the 30 percent limitation on the use of Federal
funds for the management of wild life areas and resources, and added subsec. (b).
1955—Act Aug. 12, 1955, permitted expenditure of
funds for management of wildlife areas and resource.
1946—Act July 24, 1946, inserted proviso defining
‘‘wildlife-restoration project’’.
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–558, title I, § 102(b), Oct. 25, 1972, 86 Stat.
1173, 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].’’

§ 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 Is-

lands, out of the money available for apportionment under this chapter, such sums as he shall
determine, not exceeding for Puerto Rico onehalf 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, § 8A, formerly § 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, § 2, 70 Stat. 473; Aug. 1, 1956, ch. 852, § 7, 70
Stat. 908; Pub. L. 86–70, § 15, June 25, 1959, 73
Stat. 143; renumbered § 8A and amended Pub. L.
91–503, title I, § 102, Oct. 23, 1970, 84 Stat. 1101;
Pub. L. 96–597, title III, § 302(b), Dec. 24, 1980, 94
Stat. 3478; Pub. L. 98–347, § 2(a), July 9, 1984, 98
Stat. 321; Pub. L. 99–396, § 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 (§ 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

§ 669h

TITLE 16—CONSERVATION

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
Pub. L. 98–347, § 2(b), July 9, 1984, 98 Stat. 322, 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, § 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.

§ 669h. Requirements and restrictions concerning
use of amounts for expenses for administration
(a) Authorized expenses for administration
Except as provided in subsection (b), 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

Page 1132

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);
(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), 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) 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.

Page 1133

TITLE 16—CONSERVATION

(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 132 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, § 9, 50 Stat. 919; Pub. L.
106–408, title I, § 111(b), Nov. 1, 2000, 114 Stat.
1764.)
CODIFICATION
In subsec. (d)(2)(A), ‘‘section 132 of title 41’’ substituted for ‘‘section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)’’ on authority of Pub. L.
111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
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.’’
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House

§ 669h–1

of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 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) of this title by the Secretary of
the Interior and used to make grants to the
States to be used for—
(A) in the case of a State that has not used
all of the funds apportioned to the State
under section 669c(c) 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;
(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
(v) the enhancement of hunter recruitment and recreational shooter recruitment; and
(B) in the case of a State that has used all
of the funds apportioned to the State under
section 669c(c) 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.
(3) Allocation of additional amounts
Of the amount apportioned to a State for
any fiscal year under section 669c(b) of this
title, the State may elect to allocate not more
than 10 percent, to be combined with the
amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring
land for, expanding, or constructing a public
target range.
(b) Cost sharing
(1) In general
Except as provided in paragraph (2), the Federal share of the cost of any activity carried
out using a grant under this section shall not
exceed 75 percent of the total cost of the activity.

§ 669h–2

TITLE 16—CONSERVATION

(2) Public target range construction or expansion
The Federal share of the cost of acquiring
land for, expanding, or constructing a public
target range in a State on Federal or non-Federal land pursuant to this section or section
669g(b) of this title shall not exceed 90 percent
of the cost of the activity.
(c) Period of availability; reapportionment
(1) Period of availability
(A) In general
Except as provided in subparagraph (B),
amounts made available and apportioned for
grants under this section shall remain available only for the fiscal year for which the
amounts are apportioned.
(B) Exception
Amounts provided for acquiring land for,
constructing, or expanding a public target
range shall remain available for expenditure
and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal
year for which the amounts are made available.
(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) for use by those States in accordance with this chapter.
(Sept. 2, 1937, ch. 899, § 10, as added Pub. L.
106–408, title I, § 112(2), Nov. 1, 2000, 114 Stat. 1766;
amended Pub. L. 116–17, § 4(c), May 10, 2019, 133
Stat. 867; Pub. L. 116–94, div. P, title V, § 501(f),
Dec. 20, 2019, 133 Stat. 3193.)
PRIOR PROVISIONS
A prior section 10 of act Sept. 2, 1937, was renumbered
section 12 and is classified to section 669i of this title.
AMENDMENTS
2019—Subsec. (a)(1)(A)(v). Pub. L. 116–94 added cl. (v).
Subsec. (a)(3). Pub. L. 116–17, § 4(c)(1), added par. (3).
Subsec. (b). Pub. L. 116–17, § 4(c)(2), added subsec. (b)
and struck out former subsec. (b). Prior to amendment,
text read as follows: ‘‘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.’’
Subsec. (c)(1). Pub. L. 116–17, § 4(c)(3), designated existing provisions as subpar. (A), inserted heading, substituted ‘‘Except as provided in subparagraph (B),
amounts made’’ for ‘‘Amounts made’’, and added subpar. (B).

§ 669h–2. Multistate conservation grant program
(a) In general
(1) Amount for grants
(A) In general
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.
(B) Availability for hunter and recreational
shooter grants
Not more than $5,000,000 of the revenues
covered into the fund from any tax imposed

Page 1134

under section 4161(b) of title 26 for a fiscal
year shall be available to the Secretary exclusively for making hunter recruitment and
recreational shooter recruitment grants that
promote a national hunting and shooting
sport recruitment program, including related communication and outreach activities.
(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 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).

Page 1135

§ 669k

TITLE 16—CONSERVATION

(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 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 or to recreational
shooting activities; and
(ii) will use the grant funds in compliance with subsection (d).
(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 or
to recreational shooting activities.
(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.

Subsec. (c)(2)(A)(i). Pub. L. 116–94, § 501(g)(1)(D), inserted ‘‘or to recreational shooting activities’’ after
‘‘wildlife’’.
Subsec. (d). Pub. L. 116–94, § 501(g)(1)(E), inserted ‘‘or
to recreational shooting activities’’ after ‘‘wildlife’’.

(Sept. 2, 1937, ch. 899, § 11, as added Pub. L.
106–408, title I, § 113, Nov. 1, 2000, 114 Stat. 1767;
amended Pub. L. 116–94, div. P, title V, § 501(g)(1),
Dec. 20, 2019, 133 Stat. 3193.)

§ 669k. Reports and certifications

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.
AMENDMENTS
2019—Subsec. (a)(1). Pub. L. 116–94, § 501(g)(1)(A), designated existing provisions as subpar. (A), inserted
heading, and added subpar. (B).
Subsec. (b)(3). Pub. L. 116–94, § 501(g)(1)(B), struck out
‘‘International’’ before ‘‘Association’’ in introductory
provisions.
Subsec. (c)(2)(A). Pub. L. 116–94, § 501(g)(1)(C), struck
out ‘‘International’’ before ‘‘Association’’ in introductory provisions.

STUDY
Pub. L. 116–94, div. P, title V, § 501(g)(2), Dec. 20, 2019,
133 Stat. 3193, provided that: ‘‘Not later than 10 years
after the date of enactment of this Act [Dec. 20, 2019],
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service,
shall—
‘‘(A) review and evaluate the effects of the funds
made available under subparagraph (B) of section
11(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2(a)(1)) (as added by paragraph (1)(A)(ii)) on funds available for wildlife conservation; and
‘‘(B) submit a report describing the results of the
review and evaluation under paragraph (1) to—
‘‘(i) the Committee on Environment and Public
Works of the Senate; and
‘‘(ii) the Committee on Natural Resources of the
House of Representatives.’’

§ 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, § 12, formerly § 10, 50 Stat.
919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1,
1939, 4 F.R. 2731, 53 Stat. 1433; renumbered § 12,
Pub. L. 106–408, title I, § 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.

§ 669j. Repealed. Aug. 7, 1946, ch. 770, § 1(14), 60
Stat. 867
Section, act Sept. 2, 1937, ch. 899, § 11, 50 Stat. 919;
Reorg. Plan No. II, § 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.

(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
(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,
1 See

References in Text note below.

§ 669k

TITLE 16—CONSERVATION

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 DingellJohnson 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));
(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
2 So in original. Probably should be followed by a second closing parenthesis.

Page 1136

Parks, the Director of the United States Fish
and Wildlife Service, and the Assistant Director for Wildlife and Sport Fish Restoration
Programs each properly discharged their duties under those Acts.
(d) Certifications by States
(1) In general
Not later than 60 days after the end of each
fiscal year, each State that received amounts
apportioned under the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669 et seq.)
or the Dingell-Johnson Sport Fish Restoration
Act (16 U.S.C. 777 et seq.) for the fiscal year
shall certify to the Secretary of the Interior in
writing that the amounts were expended by
the State in accordance with each of those
Acts.
(2) Transmission to Congress
Not later than December 31 of a fiscal year,
the Secretary of the Interior shall transmit all
certifications under paragraph (1) for the previous fiscal year to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public
Works of the Senate.
(e) Limitation on delegation
The Secretary of the Interior shall not delegate the responsibility for making a certification under subsection (c) to any person except
the Assistant Secretary for Fish and Wildlife
and Parks.
(Pub. L. 106–408, title I, § 133, Nov. 1, 2000, 114
Stat. 1775.)
REFERENCES IN TEXT
This title, referred to in subsec. (a), is title I of Pub.
L. 106–408, Nov. 1, 2000, 114 Stat. 1762, known as the
Wildlife and Sport Fish Restoration Programs Improvement Act of 2000. For complete classification of title I
to the Code, see Short Title of 2000 Amendment note
set out under section 669 of this title and Tables.
The Pittman-Robertson Wildlife Restoration Act, referred to in subsecs. (c)(4) to (6) and (d)(1), is act Sept.
2, 1937, ch. 899, 50 Stat. 917, as amended, also known as
the Federal Aid in Wildlife Restoration Act, which is
classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 669 of this title and Tables.
The Dingell-Johnson Sport Fish Restoration Act, referred to in subsecs. (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 (§ 777 et seq.) of this title.
Section 4(d) of the Act was redesignated section 4(b) by
Pub. L. 109–59, title X, § 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.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Page 1137

CHAPTER 5C—CONSERVATION PROGRAMS
ON GOVERNMENT LANDS
SUBCHAPTER I—CONSERVATION PROGRAMS ON
MILITARY INSTALLATIONS
Sec.

670.
670a.

Definitions.
Cooperative plan for conservation and rehabilitation.
670a–1.
Repealed.
670b.
Migratory game birds; hunting permits.
670c.
Program for public outdoor recreation.
670c–1.
Cooperative and interagency agreements for
land management on installations.
670d.
Liability for funds; accounting to Comptroller General.
670e.
Applicability to other laws; national forest
lands.
670e–1.
Federal enforcement of other laws.
670e–2.
Natural resources management services.
670f.
Appropriations and expenditures.
SUBCHAPTER II—CONSERVATION PROGRAMS ON
PUBLIC LANDS
670g.
670h.
670i.
670j.
670k.
670l.
670m.
670n.
670o.

§ 670

TITLE 16—CONSERVATION

Wildlife, fish, and game conservation and rehabilitation programs.
Comprehensive plans for conservation and rehabilitation programs.
Public land management area stamps for
hunting, trapping, and fishing on public
lands subject to programs.
Enforcement provisions.
Definitions.
Stamp requirements not applicable to Forest
Service and Bureau of Land Management
lands; authorized fees.
Indian rights; State or Federal jurisdiction
regulating Indian rights.
Repealed.
Authorization of appropriations.

SUBCHAPTER I—CONSERVATION
PROGRAMS ON MILITARY INSTALLATIONS
§ 670. Definitions
In this subchapter:
(1) Military installation
The term ‘‘military installation’’—
(A) means any land or interest in land
owned by the United States and administered by the Secretary of Defense or the Secretary of a military department, except land
under the jurisdiction of the Assistant Secretary of the Army having responsibility for
civil works;
(B) includes all public lands withdrawn
from all forms of appropriation under public
land laws and reserved for use by the Secretary of Defense or the Secretary of a military department; and
(C) does not include any land described in
subparagraph (A) or (B) that is subject to an
approved recommendation for closure under
the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note).
(2) State
The term ‘‘State’’ means any of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, and the Virgin Islands.
(3) State-owned National Guard installation
The term ‘‘State-owned National Guard installation’’ means land owned and operated by

a State when such land is used for training the
National Guard pursuant to chapter 5 of title
32, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the
jurisdiction of the Department of Defense.
(4) State fish and wildlife agency
The term ‘‘State fish and wildlife agency’’
means the one or more agencies of State government that are responsible under State law
for managing fish or wildlife resources.
(5) United States
The term ‘‘United States’’ means the States,
the District of Columbia, and the territories
and possessions of the United States.
(6) Indian tribe
The term ‘‘Indian tribe’’ means any Indian
tribe, band, nation, or other organized group
or community, including any Alaska Native
village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), which is recognized as eligible for
the special programs and services provided by
the United States to Indians because of their
status as Indians.
(Pub. L. 86–797, title I, § 100, as added Pub. L.
105–85, div. B, title XXIX, § 2911, Nov. 18, 1997, 111
Stat. 2021; amended Pub. L. 112–81, div. A, title
III, § 312(a)(1), Dec. 31, 2011, 125 Stat. 1351; Pub. L.
112–239, div. A, title III, § 312(b), Jan. 2, 2013, 126
Stat. 1691.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688,
which is classified generally to chapter 33 (§ 1601 et seq.)
of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 43 and Tables.
AMENDMENTS
2013—Par. (6). Pub. L. 112–239 added par. (6).
2011—Pars. (2) to (5). Pub. L. 112–81 added pars. (2) and
(3) and redesignated former pars. (2) and (3) as (4) and
(5), respectively.
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–85, div. B, title XXIX, § 2901, Nov. 18, 1997,
111 Stat. 2016, provided that: ‘‘This title [enacting this
section and sections 670e–1 and 670e–2 of this title,
amending sections 670a, 670b, 670c, 670c–1, 670f, and 670o
of this title, repealing section 670a–1 of this title, and
enacting provisions set out as notes under this section
and section 670a of this title] may be cited as the ‘Sikes
Act Improvement Act of 1997’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–420, § 1, Oct. 5, 1978, 92 Stat. 921, provided:
‘‘That this Act [amending sections 670f and 670o of this
title] may be cited as the ‘Sikes Act Amendments of
1978’.’’
SHORT TITLE
Pub. L. 86–797, § 1, as added by Pub. L. 105–85, div. B,
title XXIX, § 2903, Nov. 18, 1997, 111 Stat. 2016, provided
that: ‘‘This Act [enacting this chapter] may be cited as
the ‘Sikes Act’.’’