§ 669. — Cooperation of Secretary of the Interior with States; conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC669]
TITLE 16--CONSERVATION
CHAPTER 5B--WILDLIFE RESTORATION
Sec. 669. Cooperation of Secretary of the Interior with States;
conditions
The Secretary of the Interior is authorized to cooperate with the
States, through their respective State fish and game departments, in
wildlife-restoration projects as hereinafter in this chapter set forth;
but no money apportioned under this chapter to any State shall be
expended therein until its legislature, or other State agency authorized
by the State constitution to make laws governing the conservation of
wildlife, shall have assented to the provision of this chapter and shall
have passed laws for the conservation of wildlife which shall include a
prohibition against the diversion of license fees paid by hunters for
any other purpose than the administration of said State fish and game
department, except that, until the final adjournment of the first
regular session of the legislature held after September 2, 1937, the
assent of the Governor of the State shall be sufficient. The Secretary
of the Interior and the State fish and game department of each State
accepting the benefits of this chapter, shall agree upon the 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.
(Sept. 2, 1937, ch. 899, Sec. 1, 50 Stat. 917; 1939 Reorg. Plan No. II,
Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
Transfer of Functions
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
Short Title of 2000 Amendment
Pub. L. 106-408, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1762, provided
that: ``This Act [see Tables for classification] may be cited as the
`Fish and Wildlife Programs Improvement and National Wildlife Refuge
System Centennial Act of 2000'.''
Pub. L. 106-408, title I, Sec. 101(a), Nov. 1, 2000, 114 Stat. 1763,
provided that: ``This title [enacting sections 669h-1, 669h-2, 669k,
742b-1, and 777m of this title, amending sections 669c, 669d, 669g,
669h, 669i, 777c, 777d and 777h of this title and section 9504 of Title
26, Internal Revenue Code, enacting provisions set out as notes under
this section and section 777 of this title, and repealing provisions set
out as a note under section 777 of this title] may be cited as the
`Wildlife and Sport Fish Restoration Programs Improvement Act of
2000'.''
Short Title of 1970 Amendment
Section 103 of title I of Pub. L. 91-503 provided that: ``This title
[amending section 669b and sections 669c to 669g-1 of this title] may be
cited as the `Federal Aid in Wildlife Restoration Act Amendments of
1970'.''
Short Title
Act Sept. 2, 1937, ch. 899, Sec. 13, as added by Pub. L. 106-408,
title I, Sec. 101(b), Nov. 1, 2000, 114 Stat. 1763, provided that:
``This Act [enacting this chapter] may be cited as the `Pittman-
Robertson Wildlife Restoration Act'.''
Act Sept. 2, 1937, ch. 899, as amended, is also popularly known as
the ``Federal Aid in Wildlife Restoration Act''.
Statement of Purpose and Definition in Pub. L. 106-553
Pub. L. 106-553, Sec. 1(a)(2) [title IX, Sec. 902(a), (b)], Dec. 21,
2000, 114 Stat. 2762, 2762A-119, provided that:
``(a) Purposes.--The purposes of this section [amending sections
669a, 669b, 669c, 669g, and 4406 of this title, and enacting provisions
set out as notes under this section] are--
``(1) to extend financial and technical assistance to the States
under the Federal Aid to [in] Wildlife Restoration Act [16 U.S.C.
669 et seq.] for the benefit of a diverse array of wildlife and
associated habitats, including species that are not hunted or
fished, to fulfill unmet needs of wildlife within the States in
recognition of the primary role of the States to conserve all
wildlife;
``(2) to assure sound conservation policies through the
development, revision, and implementation of a comprehensive
wildlife conservation and restoration plan;
``(3) to encourage State fish and wildlife agencies to
participate with the Federal Government, other State agencies,
wildlife conservation organizations and outdoor recreation and
conservation interests through cooperative planning and
implementation of this title [enacting section 1356a of Title 43,
Public Lands, amending sections 669a, 669b, 669c, 669g, and 4406 of
this title, and enacting provisions set out as notes under this
section]; and
``(4) to encourage State fish and wildlife agencies to provide
for public involvement in the process of development and
implementation of a wildlife conservation and restoration program.
``(b) Reference to Law.--In this section, the term `Federal Aid in
Wildlife Restoration Act' means the Act of September 2, 1937 (16 U.S.C.
669 et seq.), commonly referred to as the Federal Aid in Wildlife
Restoration Act or the Pittman-Robertson Act.''
Inapplicability of Federal Advisory Committee Act
Pub. L. 106-553, Sec. 1(a)(2) [title IX, Sec. 902(f)], Dec. 21,
2000, 114 Stat. 2762, 2762A-123, provided that: ``Coordination with
State fish and wildlife agency personnel or with personnel of other
State agencies pursuant to the Federal Aid in Wildlife Restoration Act
[16 U.S.C. 669 et seq.] or the Federal Aid in Sport Fish Restoration Act
[16 U.S.C. 777 et seq.] shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.). Except for the preceding sentence, the
provisions of this title [enacting section 1356a of Title 43, Public
Lands, amending sections 669a, 669b, 669c, 669g, and 4406 of this title,
and enacting provisions set out as notes under this section] relate
solely to wildlife conservation and restoration programs and shall not
be construed to affect the provisions of the Federal Aid in Wildlife
Restoration Act relating to wildlife restoration projects or the
provisions of the Federal Aid in Sport Fish Restoration Act relating to
fish restoration and management projects.''
Prohibition Against Diversion
Pub. L. 106-553, Sec. 1(a)(2) [title IX, Sec. 902(h)], Dec. 21,
2000, 114 Stat. 2762, 2762A-124, provided that: ``No designated State
agency shall be eligible to receive matching funds under this title
[enacting section 1356a of Title 43, Public Lands, amending sections
669a, 669b, 669c, 669g, and 4406 of this title, and enacting provisions
set out as notes under this section] if sources of revenue available to
it after January 1, 2000, for conservation of wildlife are diverted for
any purpose other than the administration of the designated State
agency, it being the intention of Congress that funds available to
States under this title be added to revenues from existing State sources
and not serve as a substitute for revenues from such sources. Such
revenues shall include interest, dividends, or other income earned on
the foregoing.''
Designation of Programs
Pub. L. 106-408, title I, Sec. 131, Nov. 1, 2000, 114 Stat. 1775,
provided that: ``The programs established under the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the
`Federal Assistance Program for State Wildlife and Sport Fish
Restoration'.''
