16 U.S.C. § 669f — Payment of funds to States; laws gov-

Page 1195 TITLE 16—CONSERVATION § 669f 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 en- richment 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 es- tablished 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 appor- tioned under this chapter upon his approval of an annual agreement submitted to him. (2) A State may elect to avail itself of the ben- efits 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 imme- diately set aside so much of said fund as rep- resents 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 ap- plied 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 Sec- retary of the Interior. (b) ‘‘Project’’ defined If the State elects to avail itself of the bene- fits of this chapter by preparing a comprehen- sive 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 defi- nitions 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 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.) Editorial Notes AMENDMENTS 1970—Subsec. (a). Pub. L. 91–503 inserted an alter- native method of application for funds by the submis- sion of a comprehensive fish and wildlife resource man- agement plan for a period of five years based on projec- tions 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 Sec- retary 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). Executive Documents 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 relat- ing to conservation of wildlife, game, and migratory birds to Secretary of the Interior. § 669f. Payment of funds to States; laws gov- erning 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 speci- fications. If a State has elected to avail itself of the benefits of this chapter by preparing a com- prehensive 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 regu- lations made pursuant to this chapter. The Sec- retary of the Interior and the State fish and game department of each State may jointly de- termine at what times and in what amounts payments shall be made under this chapter. Page 1196 TITLE 16—CONSERVATION § 669g Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Sec- retary of the Interior against the said fund to such official or officials, or depository, as may be designated by the State fish and game depart- ment 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.) Editorial Notes 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. Executive Documents 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 relat- ing 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 ac- cordance 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 enforce- ment) 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 WILD- LIFE AREAS AND RESOURCES.— (1) IN GENERAL.—Except as provided in para- graph (2), each State may use the funds appor- tioned 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 limita- tion 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 li- cense 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, § 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.) Editorial Notes 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 enforce- ment’’. 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 in- serted 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 edu- cation program, except that no such funds may be used for education efforts, projects, or programs that pro- mote 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 re- sources, 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’’. Statutory Notes and Related Subsidiaries 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 sub- section (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 Is- lands, 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 Gov-