16 U.S.C. § 669h — Requirements and restrictions concerning

Page 1197 TITLE 16—CONSERVATION § 669h ernor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Is- lands, and the Governor of the Virgin Islands, in the conduct of wildlife-restoration projects, as defined in section 669a of this title, and hunter safety programs as provided by section 669g(b) of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is au- thorized to apportion to Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Is- lands, out of the money available for apportion- ment under this chapter, such sums as he shall determine, not exceeding for Puerto Rico one- half of 1 per centum, for Guam one-sixth of 1 per centum, for American Samoa one-sixth of one per centum, for the Commonwealth of the Northern Mariana Islands one-sixth of 1 per cen- tum, and for the Virgin Islands one-sixth of 1 per centum of the total amount apportioned, in any one year, but the Secretary shall in no event re- quire any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobli- gated balance of any apportionment made pur- suant to this section shall be available for ex- penditure in Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as the case may be, in the succeeding year, on any ap- proved project, and if unexpended or unobligated at the end of such year 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.]. (Sept. 2, 1937, ch. 899, § 8A, formerly § 8(a), as added Aug. 18, 1941, ch. 367, 55 Stat. 632; amended Aug. 3, 1950, ch. 523, 64 Stat. 399; July 2, 1956, ch. 489, § 2, 70 Stat. 473; Aug. 1, 1956, ch. 852, § 7, 70 Stat. 908; Pub. L. 86–70, § 15, June 25, 1959, 73 Stat. 143; renumbered § 8A and amended Pub. L. 91–503, title I, § 102, Oct. 23, 1970, 84 Stat. 1101; Pub. L. 96–597, title III, § 302(b), Dec. 24, 1980, 94 Stat. 3478; Pub. L. 98–347, § 2(a), July 9, 1984, 98 Stat. 321; Pub. L. 99–396, § 8(a), Aug. 27, 1986, 100 Stat. 839.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Conservation Act, referred to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 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 1986—Pub. L. 99–396 inserted reference to hunter safe- ty programs as provided by section 669g(b) of this title. 1984—Pub. L. 98–347 inserted ‘‘the Governor of Amer- ican Samoa,’’ after ‘‘the Governor of Guam,’’, ‘‘Amer- ican Samoa,’’ after ‘‘Puerto Rico, Guam,’’ in two places, and ‘‘for American Samoa one-sixth of one per centum,’’ after ‘‘for Guam one-sixth of 1 per centum,’’. 1980—Pub. L. 96–597 inserted references to Governor and Commonwealth of the Northern Mariana Islands. 1970—Pub. L. 91–503 substituted ‘‘Secretary of Agri- culture of Puerto Rico’’ for ‘‘Commissioner of Agri- culture and Commerce of Puerto Rico’’ and substituted maximum limits of apportionment of one half of one percent to Puerto Rico, one sixth of one percent each to the Virgin Islands and Guam, for maximum limit of apportionment of $10,000 for the three governments to- gether. 1959—Pub. L. 86–70 struck out provisions which au- thorized cooperation with the Alaska Game Commis- sion and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska. 1956—Act Aug. 1, 1956, inserted ‘‘the Governor of Guam’’ after ‘‘Commissioner of Agriculture and Com- merce of Puerto Rico,’’ and ‘‘Guam’’ after ‘‘Puerto Rico’’ where they appeared in the three remaining places. Act July 2, 1956, struck out provisions which author- ized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agri- culture and Forestry of Hawaii, removed the limitation of $25,000 on the amount of funds which could be appor- tioned to Hawaii in any one year, and substituted ‘‘Ter- ritory of Alaska’’ for ‘‘Territories’’ in two places. 1950—Act Aug. 3, 1950, increased funds allocated annu- ally to Alaska and Hawaii from $25,000 to $10,000, re- spectively, to $75,000 and $25,000. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–347, § 2(b), July 9, 1984, 98 Stat. 322, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect October 1, 1984.’’ EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 2, 1956, applicable only with respect to fiscal years beginning after July 2, 1956, see section 5 of such act July 2, 1956, set out as a note under section 669a of this title. INCREASE OF ANNUAL APPORTIONMENTS Act May 19, 1956, ch. 313, ch. VI, § 601, 70 Stat. 169, au- thorized increases of not more than 20 percent in the annual appropriations for the former territories of Alaska and Hawaii, and Puerto Rico and the Virgin Is- lands. § 669h. Requirements and restrictions concerning use of amounts for expenses for administra- tion (a) Authorized expenses for administration Except as provided in subsection (b), the Sec- retary of the Interior may use available amounts under section 669c(a)(1) of this title only for expenses for administration that di- rectly support the implementation of this chap- ter that consist of— (1) personnel costs of employees for the work hours of each employee spent directly admin- istering this chapter, as those hours are cer- tified by the supervisor of the employee; (2) support costs directly associated with personnel costs authorized under paragraph (1), excluding costs associated with staffing and operation of regional offices of the United States Fish and Wildlife Service and the De- partment of the Interior other than for the purposes of this chapter; (3) costs of determining under section 669e(a) of this title whether State comprehensive plans and projects are substantial in character and design; (4) overhead costs, including the costs of general administrative services, that are di- rectly attributable to administration of this chapter and are based on— (A) actual costs, as determined by a direct cost allocation methodology approved by the Page 1198 TITLE 16—CONSERVATION § 669h Director of the Office of Management and Budget for use by Federal agencies; and (B) in the case of costs that are not deter- minable under subparagraph (A), an amount per employee authorized under paragraph (1) 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 Serv- ice; (5) 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 669e of this title by each State fish and game department; (6) costs of audits under subsection (d); (7) costs of necessary training of Federal and State personnel who administer this chapter to improve administration of this chapter; (8) costs of travel to States, territories, and Canada by personnel who— (A) administer this chapter for purposes directly related to administration of State programs or projects; or (B) administer grants under section 669e, 669h–1, or 669h–2 of this title; (9) costs of travel outside the United States (except travel to Canada), by personnel who administer this chapter, for purposes that di- rectly relate to administration of this chapter and that are approved directly by the Assist- ant Secretary for Fish and Wildlife and Parks; (10) relocation expenses for personnel who, after relocation, will administer this chapter on a full-time or part-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, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this chapter may not ex- ceed the percentage of the work hours of the employee that are spent administering this chapter; and (11) costs to audit, evaluate, approve, dis- approve, and advise concerning grants under sections 669e, 669h–1, and 669h–2 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 669c(a)(1) of this title should be used for an expense for administra- tion other than an expense for administration described in subsection (a), the Secretary— (A) shall submit to the Committee on En- vironment 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 sub- paragraph (A). (2) Maximum amount For any fiscal year, the Secretary of the In- terior may use under paragraph (1) not more than $25,000. (c) Restriction on use to supplement general ap- propriations The Secretary of the Interior shall not use available amounts under subsection (b) to sup- plement 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 expendi- tures and obligations of amounts used by the Secretary of the Interior for expenses for ad- ministration 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 132 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 sub- mit a copy of the biennial audit findings to the Secretary of the Interior at the time at which the findings are submitted to the In- spector General of the Department of the In- terior. (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 Rep- resentatives and the Committee on Environ- ment 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 sub- section. (Sept. 2, 1937, ch. 899, § 9, 50 Stat. 919; Pub. L. 106–408, title I, § 111(b), Nov. 1, 2000, 114 Stat. 1764; Pub. L. 117–58, div. B, title VIII, § 28001(b)(2), Nov. 15, 2021, 135 Stat. 888; Pub. L. 117–263, div. K, title CXIII, § 11324(b)(2), Dec. 23, 2022, 136 Stat. 4095.) Editorial Notes CODIFICATION In subsec. (d)(2)(A), ‘‘section 132 of title 41’’ sub- stituted for ‘‘section 4 of the Office of Federal Procure- ment Policy Act (41 U.S.C. 403)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. AMENDMENTS 2022—Subsec. (a)(7). Pub. L. 117–263, § 11324(b)(2)(A), struck out ‘‘full-time’’ before ‘‘personnel’’. Subsec. (a)(9). Pub. L. 117–263, § 11324(b)(2)(B), struck out ‘‘on a full-time basis’’ after ‘‘administer this chap- ter’’. Page 1199 TITLE 16—CONSERVATION § 669h–1 2021—Subsec. (a)(1). Pub. L. 117–58, § 28001(b)(2)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘personnel costs of employees who directly administer this chapter on a full-time basis;’’. Subsec. (a)(2). Pub. L. 117–58, § 28001(b)(2)(C), sub- stituted ‘‘paragraph (1)’’ for ‘‘paragraphs (1) and (2)’’. Pub. L. 117–58, § 28001(b)(2)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘personnel costs of employees who directly ad- minister 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 admin- isters this chapter, as those hours are certified by the supervisor of the employee;’’. Subsec. (a)(3), (4). Pub. L. 117–58, § 28001(b)(2)(B), re- designated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) redesignated (2). Subsec. (a)(4)(B). Pub. L. 117–58, § 28001(b)(2)(D), sub- stituted ‘‘employee authorized under paragraph (1)’’ for ‘‘full-time equivalent employee authorized under para- graphs (1) and (2)’’. Subsec. (a)(5) to (8). Pub. L. 117–58, § 28001(b)(2)(B), re- designated pars. (6) to (9) as (5) to (8), respectively. Former par. (5) redesignated (4). Subsec. (a)(8)(A). Pub. L. 117–58, § 28001(b)(2)(E), struck out ‘‘on a full-time basis’’ after ‘‘administer this chapter’’. Subsec. (a)(9) to (12). Pub. L. 117–58, § 28001(b)(2)(B), (F), redesignated pars. (10) to (12) as (9) to (11), respec- tively, and in par. (10), inserted ‘‘or part-time’’ after ‘‘full-time’’ and ‘‘, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this chapter may not ex- ceed the percentage of the work hours of the employee that are spent administering this chapter’’ after ‘‘in- curred’’. Former par. (9) redesignated (8). 2000—Pub. L. 106–408 amended section generally. Prior to amendment, section read as follows: ‘‘Out of the de- ductions set aside for administering and executing this chapter and the Migratory Bird Conservation Act, the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligi- ble lists of the Civil Service; to rent or construct build- ings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other ex- penses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this chap- ter.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 669h–1. Firearm and bow hunter education and safety program grants (a) In general (1) Grants Of the revenues covered into the fund, $7,500,000 for each of fiscal years 2001 and 2002, and $8,000,000 for fiscal year 2003 and each fis- cal year thereafter, shall be apportioned among the States in the manner specified in section 669c(c) of this title by the Secretary of the Interior and used to make grants to the States to be used for— (A) in the case of a State that has not used all of the funds apportioned to the State under section 669c(c) of this title for the fis- cal year in the manner described in section 669g(b) of this title— (i) the enhancement of hunter education programs, hunter and sporting firearm safety programs, and hunter development programs; (ii) the enhancement of interstate co- ordination and development of hunter edu- cation and shooting range programs; (iii) the enhancement of bow hunter and archery education, safety, and develop- ment programs; (iv) the enhancement of construction or development of firearm shooting ranges and archery ranges, and the updating of safety features of firearm shooting ranges and archery ranges; and (v) the enhancement of hunter recruit- ment and recreational shooter recruit- ment; and (B) in the case of a State that has used all of the funds apportioned to the State under section 669c(c) of this title for the fiscal year in the manner described in section 669g(b) of this title, any use authorized by this chapter (including hunter safety programs and the construction, operation, and maintenance of public target ranges). (2) Limitation on use Under paragraph (1), a State shall not be re- quired to use more than the amount described in section 669g(b) of this title for hunter safety programs and the construction, operation, and maintenance of public target ranges. (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 669c(b) of this title, the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under para- graph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. (b) Cost sharing (1) In general Except as provided in paragraph (2), the Fed- eral share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activ- ity. (2) Public target range construction or expan- sion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Fed- eral land pursuant to this section or section 669g(b) of this title shall not exceed 90 percent of the cost of the activity. (c) Period of availability; reapportionment (1) Period of availability (A) In general Except as provided in subparagraph (B), amounts made available and apportioned for grants under this section shall remain avail- able only for the fiscal year for which the amounts are apportioned.