§ 669b. — Authorization of appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC669b]
TITLE 16--CONSERVATION
CHAPTER 5B--WILDLIFE RESTORATION
Sec. 669b. Authorization of appropriations
(a) In general
(1) An amount equal to all revenues accruing each fiscal year
(beginning with the fiscal year 1975) from any tax imposed on specified
articles by sections 4161(b) and 4181 of title 26, shall, subject to the
exemptions in section 4182 of such title, be covered into the Federal
aid to wildlife restoration fund in the Treasury (hereinafter referred
to as the ``fund'') and is authorized to be appropriated and made
available until expended to carry out the purposes of this chapter. So
much of such appropriations apportioned to any State for any fiscal year
as remains unexpended at the close thereof is authorized to be made
available for expenditure in that State until the close of the
succeeding fiscal year. Any amount apportioned to any State under the
provisions of this chapter which is unexpended or unobligated at the end
of the period during which it is available for expenditure on any
project is authorized to be made available for expenditure by the
Secretary of the Interior in carrying out the provisions of the
Migratory Bird Conservation Act [16 U.S.C. 715 et seq.].
(2) There is established in the Federal aid to wildlife restoration
fund a subaccount to be known as the ``Wildlife Conservation and
Restoration Account''. There are authorized to be appropriated for the
purposes of the Wildlife Conservation and Restoration Account
$50,000,000 in fiscal year 2001 for apportionment in accordance with
this chapter to carry out State wildlife conservation and restoration
programs. Further, interest on amounts transferred shall be treated in a
manner consistent with 16 U.S.C. 669(b)(1)).\1\
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\1\ So in original. Probably should be ``paragraph (1) of subsection
(b)''.
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(b) Investment of unexpended amounts
(1) The Secretary of the Treasury shall invest in interest-bearing
obligations of the United States such portion of the fund as is not, in
his judgment, required for meeting a current year's withdrawals. For
purposes of such investment, the Secretary of the Treasury may--
(A) acquire obligations at the issue price and purchase
outstanding obligations at the market price; and
(B) sell obligations held in the fund at the market price.
(2) The interest on obligations held in the fund--
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by the
Secretary under section 4407 of this title;
(C) shall become available for apportionment under this chapter
at the beginning of fiscal year 2006.
(c) Wildlife Conservation and Restoration Account
(1) Amounts transferred to the Wildlife Conservation and Restoration
Account shall supplement, but not replace, existing funds available to
the States from the sport fish restoration account and wildlife
restoration account and shall be used for the development, revision, and
implementation of wildlife conservation and restoration programs and
should be used to address the unmet needs for a diverse array of
wildlife and associated habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife conservation education,
and wildlife-associated recreation projects. Such funds may be used for
new programs and projects as well as to enhance existing programs and
projects.
(2) Funds may be used by a State or an Indian tribe for the planning
and implementation of its wildlife conservation and restoration program
and wildlife conservation strategy, as provided in sections 669c(d) and
(e) \2\ of this title, including wildlife conservation, wildlife
conservation education, and wildlife-associated recreation projects.
Such funds may be used for new programs and projects as well as to
enhance existing programs and projects.
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\2\ So in original. Section 669c of this title does not contain a
subsec. (e).
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(3) Priority for funding from the Wildlife Conservation and
Restoration Account shall be for those species with the greatest
conservation need as defined by the State wildlife conservation and
restoration program.
(d) Obligation of amounts in State
Notwithstanding subsections (a) and (b) of this section, with
respect to amounts transferred to the Wildlife Conservation and
Restoration Account, so much of such amounts apportioned to any State
for any fiscal year as remains unexpended at the close thereof shall
remain available for obligation in that State until the close of the
second succeeding fiscal year.
(Sept. 2, 1937, ch. 899, Sec. 3, 50 Stat. 917; 1939 Reorg. Plan No. II,
Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91-
503, title I, Sec. 101, Oct. 23, 1970, 84 Stat. 1097; Pub. L. 92-558,
title I, Sec. 101(a), Oct. 25, 1972, 86 Stat. 1172; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-233, Sec. 7(a)(1),
Dec. 13, 1989, 103 Stat. 1974; Pub. L. 106-553, Sec. 1(a)(2) [title IX,
Sec. 902(d)], Dec. 21, 2000, 114 Stat. 2762, 2762A-120.)
References in Text
The Migratory Bird Conservation Act, referred to in subsec. (a), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III (Sec. 715 et seq.) of chapter 7
of this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
Amendments
2000--Subsec. (a). Pub. L. 106-553, Sec. 1(a)(2) [title IX,
Sec. 902(d)(1)], designated existing provisions as par. (1) and added
par. (2).
Subsecs. (c), (d). Pub. L. 106-553, Sec. 1(a)(2) [title IX,
Sec. 902(d)(2)], added subsecs. (c) and (d).
1989--Pub. L. 101-233 designated existing provisions as subsec. (a)
and added subsec. (b).
1986--Pub. L. 99-514 substituted ``Internal Revenue Code of 1986''
for ``Internal Revenue Code of 1954'', which for purposes of
codification was translated as ``title 26'' thus requiring no change in
text.
1972--Pub. L. 92-558 substituted ``(beginning with the fiscal year
1975)'' for ``(beginning with the fiscal year 1971)'' and inserted
reference to section 4161(b) of title 26.
1970--Pub. L. 91-503 inserted provisions for the deposit of the 10
per cent tax on pistols and revolvers under section 4181 of title 26
into the Federal aid to wildlife restoration fund beginning in fiscal
year 1971.
Effective Date of 1989 Amendment
Section 7(a)(3) of Pub. L. 101-233 provided that: ``The amendments
made by this subsection of this Act [amending this section and section
669c of this title] take effect October 1, 1989.''
Effective Date of 1972 Amendment
Section 101(c) of Pub. L. 92-558, as amended by Pub. L. 93-313, June
8, 1974, 88 Stat. 238, provided that: ``The amendments made by
subsections (a) and (b) [amending this section and section 669c of this
title] shall take effect January 1, 1975.''
Transfer of Functions
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
Section Referred to in Other Sections
This section is referred to in sections 669b-1, 669c, 669e, 1535,
4404, 4405, 4407, 4411 of this title.
