§ 669c. — Allocation and apportionment of available amounts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC669c]
TITLE 16--CONSERVATION
CHAPTER 5B--WILDLIFE RESTORATION
Sec. 669c. Allocation and apportionment of available amounts
(a) Set-aside for expenses for administration of this chapter
(1) In general
(A) Set-aside
For fiscal year 2001 and each fiscal year thereafter, of the
revenues (excluding interest accruing under section 669b(b) of
this title) covered into the fund for the fiscal year, the
Secretary of the Interior may use not more than the available
amount specified in subparagraph (B) for the fiscal year for
expenses for administration incurred in implementation of this
chapter, in accordance with this subsection and section 669h of
this title.
(B) Available amounts
The available amount referred to in subparagraph (A) is--
(i) for each of fiscal years 2001 and 2002, $9,000,000;
(ii) for fiscal year 2003, $8,212,000; and
(iii) for fiscal year 2004 and each fiscal year
thereafter, the sum of--
(I) the available amount for the preceding fiscal
year; and
(II) the amount determined by multiplying--
(aa) the available amount for the preceding
fiscal year; and
(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor.
(2) Period of availability; apportionment of unobligated
amounts
(A) Period of availability
For each fiscal year, the available amount under paragraph
(1) shall remain available for obligation for use under that
paragraph until the end of the fiscal year.
(B) Apportionment of unobligated amounts
Not later than 60 days after the end of a fiscal year, the
Secretary of the Interior shall apportion among the States any
of the available amount under paragraph (1) that remains
unobligated at the end of the fiscal year, on the same basis and
in the same manner as other amounts made available under this
chapter are apportioned among the States for the fiscal year.
(b) Apportionment to States
The Secretary of the Interior, after deducting the available amount
under subsection (a) of this section, the amount apportioned under
subsection (c) \1\ of this section, any amount apportioned under section
669g-1 of this title, and amounts provided as grants under sections
669h-1 and 669h-2 of this title, shall apportion the remainder of the
revenue in said fund for each fiscal year among the several States in
the following manner: One-half in the ratio which the area of each State
bears to the total area of all the States, and one-half in the ratio
which the number of paid hunting-license holders of each State in the
second fiscal year preceding the fiscal year for which such
apportionment is made, as certified to said Secretary by the State fish
and game departments, bears to the total number of paid hunting-license
holders of all the States. Such apportionments shall be adjusted
equitably so that no State shall receive less than one-half of 1 per
centum nor more than 5 per centum of the total amount apportioned. The
term fiscal year as used in this chapter shall be a period of twelve
consecutive months from October 1 through the succeeding September 30,
except that the period for enumeration of paid hunting-license holders
shall be a State's fiscal or license year.
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\1\ Probably means the subsection (c) relating to apportionment of
certain taxes.
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(c) \2\ Apportionment of certain taxes
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\2\ So in original. Two subsecs. (c) have been enacted.
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One-half of the revenues accruing to the fund under this chapter
each fiscal year (beginning with the fiscal year 1975) from any tax
imposed on pistols, revolvers, bows, and arrows shall be apportioned
among the States in proportion to the ratio that the population of each
State bears to the population of all the States: Provided, That each
State shall be apportioned not more than 3 per centum and not less than
1 per centum of such revenues and Guam, the Virgin Islands, American
Samoa, Puerto Rico, and the Northern Mariana Islands shall each be
apportioned one-sixth of 1 per centum of such revenues. For the purpose
of this subsection, population shall be determined on the basis of the
latest decennial census for which figures are available, as certified by
the Secretary of Commerce.
(c) \2\ Apportionment of Wildlife Conservation and Restoration Account
(1) The Secretary of the Interior shall make the following
apportionment from the Wildlife Conservation and Restoration Account:
(A) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1 percent
thereof.
(B) to Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to
not more than one-fourth of 1 percent thereof.
(2)(A) The Secretary of the Interior, after making the apportionment
under paragraph (1), shall apportion the remaining amount in the
Wildlife Conservation and Restoration Account for each fiscal year among
the States in the following manner:
(i) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such States;
and
(ii) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States.
(B) The amounts apportioned under this paragraph shall be adjusted
equitably so that no such State shall be apportioned a sum which is less
than one percent of the amount available for apportionment under this
paragraph for any fiscal year or more than five percent of such amount.
(3) Of the amounts transferred to the Wildlife Conservation and
Restoration Account, not to exceed 3 percent shall be available for any
Federal expenses incurred in the administration and execution of
programs carried out with such amounts.
(d) Wildlife conservation and restoration programs
(1) Any State, through its fish and wildlife department, may apply
to the Secretary of the Interior for approval of a wildlife conservation
and restoration program, or for funds from the Wildlife Conservation and
Restoration Account, to develop a program. To apply, a State shall
submit a comprehensive plan that includes--
(A) provisions vesting in the fish and wildlife department of
the State overall responsibility and accountability for the program;
(B) provisions for the development and implementation of--
(i) wildlife conservation projects that expand and support
existing wildlife programs, giving appropriate consideration to
all wildlife;
(ii) wildlife-associated recreation projects; and
(iii) wildlife conservation education projects pursuant to
programs under section 669g(a) of this title; and
(C) provisions to ensure public participation in the
development, revision, and implementation of projects and programs
required under this paragraph.
(D) Wildlife conservation strategy.--Within five years of the
date of the initial apportionment, develop and begin implementation
of a wildlife conservation strategy based upon the best available
and appropriate scientific information and data that--
(i) uses such information on the distribution and abundance
of species of wildlife, including low population and declining
species as the State fish and wildlife department deems
appropriate, that are indicative of the diversity and health of
wildlife of the State;
(ii) identifies the extent and condition of wildlife
habitats and community types essential to conservation of
species identified under paragraph (1);
(iii) identifies the problems which may adversely affect the
species identified under paragraph (1) or their habitats, and
provides for priority research and surveys to identify factors
which may assist in restoration and more effective conservation
of such species and their habitats;
(iv) determines those actions which should be taken to
conserve the species identified under paragraph (1) and their
habitats and establishes priorities for implementing such
conservation actions;
(v) provides for periodic monitoring of species identified
under paragraph (1) and their habitats and the effectiveness of
the conservation actions determined under paragraph (4), and for
adapting conservation actions as appropriate to respond to new
information or changing conditions;
(vi) provides for the review of the State wildlife
conservation strategy and, if appropriate, revision at intervals
of not more than ten years;
(vii) provides for coordination to the extent feasible the
State fish and wildlife department, during the development,
implementation, review, and revision of the wildlife
conservation strategy, with Federal, State, and local agencies
and Indian tribes that manage significant areas of land or water
within the State, or administer programs that significantly
affect the conservation of species identified under paragraph
(1) or their habitats.
(2) A State shall provide an opportunity for public participation in
the development of the comprehensive plan required under paragraph (1).
(3) If the Secretary finds that the comprehensive plan submitted by
a State complies with paragraph (1), the Secretary shall approve the
wildlife conservation and restoration program of the State and set aside
from the apportionment to the State made pursuant to subsection (c) \3\
of this section an amount that shall not exceed 75 percent of the
estimated cost of developing and implementing the program.
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\3\ Probably means the subsection (c) relating to apportionment of
Wildlife Conservation and Restoration Account.
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(4)(A) Except as provided in subparagraph (B), after the Secretary
approves a State's wildlife conservation and restoration program, the
Secretary may make payments on a project that is a segment of the
State's wildlife conservation and restoration program as the project
progresses. Such payments, including previous payments on the project,
if any, shall not be more than the United States pro rata share of such
project. The Secretary, under such regulations as he may prescribe, may
advance funds representing the United States pro rata share of a project
that is a segment of a wildlife conservation and restoration program,
including funds to develop such program.
(B) Not more than 10 percent of the amounts apportioned to each
State under this section for a State's wildlife conservation and
restoration program may be used for wildlife-associated recreation.
(5) For purposes of this subsection, the term ``State'' shall
include the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(Sept. 2, 1937, ch. 899, Sec. 4, 50 Stat. 918; 1939 Reorg. Plan No. II,
Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 24, 1946,
ch. 605, Sec. 1, 60 Stat. 656; Pub. L. 91-503, title I, Sec. 102, Oct.
23, 1970, 84 Stat. 1098; Pub. L. 92-558, title I, Sec. 101(b), Oct. 25,
1972, 86 Stat. 1172; Pub. L. 94-273, Sec. 4(1), Apr. 21, 1976, 90 Stat.
377; Pub. L. 99-396, Sec. 8(b), Aug. 27, 1986, 100 Stat. 839; Pub. L.
101-233, Sec. 7(a)(2), Dec. 13, 1989, 103 Stat. 1975; Pub. L. 106-408,
title I, Sec. 111(a), Nov. 1, 2000, 114 Stat. 1763; Pub. L. 106-553,
Sec. 1(a)(2) [title IX, Sec. 902(e)], Dec. 21, 2000, 114 Stat. 2762,
2762A-121.)
Amendments
2000--Pub. L. 106-408 inserted section catchline, substituted
subsec. (a) for ``(a) So much, not to exceed 8 per centum, of the
revenues (excluding interest accruing under section 669b(b) of this
title) covered into said fund in each fiscal year as the Secretary of
the Interior may estimate to be necessary for his expenses in the
administration and execution of this chapter and the Migratory Bird
Conservation Act shall be deducted for that purpose, and such sum is
authorized to be made available therefor until the expiration of the
next succeeding fiscal year, and within sixty days after the close of
such fiscal year the Secretary of the Interior shall apportion such part
thereof as remains unexpended by him, if any, and make certificate
thereof to the Secretary of the Treasury and to the State fish and game
departments on the same basis and in the same manner as is provided as
to other amounts authorized by this chapter to be apportioned among the
States for such current fiscal year.'', inserted subsec. (b) designation
and heading, substituted ``after deducting the available amount under
subsection (a) of this section, the amount apportioned under subsection
(c) of this section, any amount apportioned under section 669g-1 of this
title, and amounts provided as grants under sections 669h-1 and 669h-2
of this title, shall apportion'' for ``after making the aforesaid
deduction, shall apportion, except as provided in subsection (b) of this
section,'', redesignated former subsec. (b) as (c), and inserted
``Puerto Rico,'' after ``American Samoa,''.
Subsec. (c). Pub. L. 106-553 added subsec. (c) relating to
apportionment of Wildlife Conservation and Restoration Account.
Subsec. (d). Pub. L. 106-553 added subsec. (d).
1989--Subsec. (a). Pub. L. 101-233 inserted ``(excluding interest
accruing under section 669b(b) of this title)'' after ``revenues'' in
first sentence.
1986--Subsec. (b). Pub. L. 99-396 inserted ``and Guam, the Virgin
Islands, American Samoa, and the Northern Mariana Islands shall each be
apportioned one-sixth of 1 per centum of such revenues''.
1976--Subsec. (a). Pub. L. 94-273 substituted ``September'' for
``June'', and ``October'' for ``July''.
1972--Subsec. (b). Pub. L. 92-558 substituted ``(beginning with the
fiscal year 1975)'' for (beginning with the fiscal year 1971)'' and
``pistols, revolvers, bows, and arrows'' for ``pistols and revolvers''.
1970--Pub. L. 91-503 designated existing provisions as subsec. (a),
substituted ``second fiscal year preceding'' for ``preceding fiscal
year'' in provision dealing with the apportionment by the Secretary of
the Interior, defined ``fiscal year'', and struck out provisions dealing
with the maximum and minimum apportionments ``to all the States'', and
added subsec. (b).
1946--Act July 24, 1946, substituted proviso making apportionment
upon a percentage basis for provisos providing for certain definite sums
to be apportioned to each State.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101-233 effective Oct. 1, 1989, see section
7(a)(3) of Pub. L. 101-233, set out as a note under section 669b of this
title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92-558 effective Jan. 1, 1975, see section
101(c) of Pub. L. 92-558, set out as a note under section 669b of this
title.
Transfer of Functions
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
Government Organization and Employees, transferred functions of
Secretary of Agriculture relating to conservation of wildlife, game, and
migratory birds to Secretary of the Interior.
Suspension of Expense Limitation
The Interior Department Appropriation Act, 1945, act June 28, 1944,
ch. 298, Sec. 1, 58 Stat. 504, provided that the limitations in this
chapter were waived to the extent necessary to provide overtime under
the provisions of the War Overtime Pay Act, 1943, former sections 1401
to 1415 of Appendix to Title 50, War and National Defense, which act
expired June 30, 1945.
Section Referred to in Other Sections
This section is referred to in sections 669a, 669b, 669g, 669h,
669h-1, 669h-2, 669k of this title.
