§ 777h. — Requirements and restrictions concerning use of amounts for expenses for administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC777h]
TITLE 16--CONSERVATION
CHAPTER 10B--FISH RESTORATION AND MANAGEMENT PROJECTS
Sec. 777h. Requirements and restrictions concerning use of
amounts for expenses for administration
(a) Authorized expenses for administration
Except as provided in subsection (b) of this section, the Secretary
of the Interior may use available amounts under section 777c(d)(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 777e(a) of this title
whether State comprehensive plans and projects are substantial in
character and design;
(5) overhead costs, including the costs of general
administrative services, that are directly attributable to
administration of this chapter and are based on--
(A) actual costs, as determined by a direct cost allocation
methodology approved by the Director of the Office of Management
and Budget for use by Federal agencies; and
(B) in the case of costs that are not determinable under
subparagraph (A), an amount per full-time equivalent employee
authorized under paragraphs (1) and (2) that does not exceed the
amount charged or assessed for costs per full-time equivalent
employee for any other division or program of the United States
Fish and Wildlife Service;
(6) costs incurred in auditing, every 5 years, the wildlife and
sport fish activities of each State fish and game department and the
use of funds under section 777e of this title by each State fish and
game department;
(7) costs of audits under subsection (d) of this section;
(8) costs of necessary training of Federal and State full-time
personnel who administer this chapter to improve administration of
this chapter;
(9) costs of travel to States, territories, and Canada by
personnel who--
(A) administer this chapter on a full-time basis for
purposes directly related to administration of State programs or
projects; or
(B) administer grants under section 777e or 777m 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 777e and 777m 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 777c(d)(1) of this
title should be used for an expense for administration other than an
expense for administration described in subsection (a) of this
section, the Secretary--
(A) shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Resources of the House
of Representatives a report describing the expense for
administration and stating the amount of the expense; and
(B) may use any such available amounts for the expense for
administration only after the end of the 30-day period beginning
on the date of submission of the report under subparagraph (A).
(2) Maximum amount
For any fiscal year, the Secretary of the Interior may use under
paragraph (1) not more than $25,000.
(c) Restriction on use to supplement general appropriations
The Secretary of the Interior shall not use available amounts under
subsection (b) of this section to supplement the funding of any function
for which general appropriations are made for the United States Fish and
Wildlife Service or any other entity of the Department of the Interior.
(d) Audit requirement
(1) In general
The Inspector General of the Department of the Interior shall
procure the performance of biennial audits, in accordance with
generally accepted accounting principles, of expenditures and
obligations of amounts used by the Secretary of the Interior for
expenses for administration incurred in implementation of this
chapter.
(2) Auditor
(A) In general
An audit under this subsection shall be performed under a
contract that is awarded under competitive procedures (as
defined in section 403 of title 41) by a person or entity that
is not associated in any way with the Department of the Interior
(except by way of a contract for the performance of an audit or
other review).
(B) Supervision of auditor
The auditor selected under subparagraph (A) shall report to,
and be supervised by, the Inspector General of the Department of
the Interior, except that the auditor shall submit a copy of the
biennial audit findings to the Secretary of the Interior at the
time at which the findings are submitted to the Inspector
General of the Department of the Interior.
(3) Report to Congress
The Inspector General of the Department of the Interior shall
promptly submit to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works of
the Senate--
(A) a report on the results of each audit under this
subsection; and
(B) a copy of each audit under this subsection.
(Aug. 9, 1950, ch. 658, Sec. 9, 64 Stat. 433; Pub. L. 106-408, title I,
Sec. 121(b), Nov. 1, 2000, 114 Stat. 1770.)
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 the Secretary of the Interior
is authorized to employ such assistants, clerks, and other persons in
the District of Columbia and elsewhere, to be taken from the eligible
lists of the civil service; to rent or construct buildings outside of
the District of Columbia; to purchase such supplies, materials,
equipment, office fixtures, and apparatus; and to incur such travel and
other expenses, including publication of technical and administrative
reports, purchase, maintenance, and hire of passenger-carrying motor
vehicles, as he may deem necessary for carrying out the provisions of
this chapter.''
Section Referred to in Other Sections
This section is referred to in sections 669k, 777c of this title.
