16 U.S.C. § 669c — Allocation and apportionment of available

Page 1191 TITLE 16—CONSERVATION § 669c Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–233, § 7(a)(3), Dec. 13, 1989, 103 Stat. 1975, provided that: ‘‘The amendments made by this sub- section of this Act [amending this section and section 669c of this title] take effect October 1, 1989.’’ EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–558, title I, § 101(c), Oct. 25, 1972, 86 Stat. 1172, as amended by Pub. L. 93–313, June 8, 1974, 88 Stat. 238, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 669c of this title] of this section shall take effect Janu- ary 1, 1975.’’ 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. § 669b–1. Authorization of appropriation of accu- mulated unappropriated receipts There is hereby authorized to be appropriated, out of the Federal aid to wildlife restoration fund established by the Act entitled ‘‘An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes’’, approved September 2, 1937, as amended (16 U.S.C., secs. 669–669i), for the 1956 fiscal year and for each fiscal year thereafter, an amount equal to 20 per centum of the accumu- lated unappropriated receipts in such fund on August 12, 1955, until the accumulated unappro- priated receipts in such fund on such date have been appropriated and expended. Funds appro- priated under the authority of this section shall be made available to the States in accordance with the provisions of, and under the apportion- ment formula set forth in, such Act of Sep- tember 2, 1937, and shall be in addition to the funds appropriated under section 3 of such Act [16 U.S.C. 669b]. (Aug. 12, 1955, ch. 861, § 1, 69 Stat. 698.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes’’, approved September 2, 1937, referred to in text, is act Sept. 2, 1937, ch. 899, 50 Stat. 917, known as the Pittman-Robertson Wildlife Restoration Act and also popularly known as the Fed- eral Aid in Wildlife Restoration Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 669 of this title and Tables. CODIFICATION Section was not enacted as part of the Pittman-Rob- ertson Wildlife Restoration Act which comprises this chapter. § 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 inter- est 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 speci- fied in subparagraph (B) for the fiscal year for expenses for administration incurred in implementation of this chapter, in accord- ance with this subsection and section 669h of this title. (B) Available amounts The available amount referred to in sub- paragraph (A) is— (i) for the fiscal year that includes No- vember 15, 2021, the product obtained by multiplying— (I) $12,786,434; and (II) the change, relative to the pre- ceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and (ii) for each fiscal year thereafter, the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fis- cal year; and (II) the product obtained by multi- plying— (aa) the available amount specified in this subparagraph for the preceding fiscal year; and (bb) the change, relative to the pre- ceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. (2) Period of availability; apportionment of un- obligated 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 subsequent fiscal year. (B) Apportionment of unobligated amounts (i) In general 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 remained available for obligation pur- suant to subparagraph (A) during that fis- cal year and remains unobligated at the end of that fiscal year. (ii) Requirement The available amount apportioned under clause (i) shall be apportioned on the same basis and in the same manner as other amounts made available under this chap- ter were apportioned among the States for the fiscal year in which the amount was originally made available. Page 1192 TITLE 16—CONSERVATION § 669c (b) Apportionment to States The Secretary of the Interior, after deducting the available amount under subsection (a), the amount apportioned under subsection (c), any amount apportioned under section 669g–1 of this title, and amounts provided as grants under sec- tions 669h–1 and 669h–2 of this title, shall appor- tion 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 hold- ers of each State in the second fiscal year pre- ceding the fiscal year for which such apportion- ment 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 Sep- tember 30, except that the period for enumera- tion of paid hunting-license holders shall be a State’s fiscal or license year. (c) Apportionment of revenues from pistols, re- volvers, bows, and arrows (1) In general Subject to paragraph (2), 1⁄2 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 popu- lation of all the States. (2) Condition The amount apportioned to each State under paragraph (1) shall be not greater than 3 per- cent and not less than 1 percent of the reve- nues described in such paragraph 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. (3) Population determination For the purpose of this subsection, popu- lation shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of Commerce. (4) Use of funds In addition to other uses authorized under this chapter, amounts apportioned under this subsection may be used for hunter recruit- ment and recreational shooter recruitment. (d) 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 North- ern 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 fol- lowing 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 para- graph 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 Fed- eral expenses incurred in the administration and execution of programs carried out with such amounts. (e) Wildlife conservation and restoration pro- grams (1) Any State, through its fish and wildlife de- partment, may apply to the Secretary of the In- terior for approval of a wildlife conservation and restoration program, or for funds from the Wild- life Conservation and Restoration Account, to develop a program. To apply, a State shall sub- mit 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 im- plementation of— (i) wildlife conservation projects that ex- pand and support existing wildlife programs, giving appropriate consideration to all wild- life; (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 implementa- tion of projects and programs required under this paragraph. (D) WILDLIFE CONSERVATION STRATEGY.— Within five years of the date of the initial ap- portionment, develop and begin implementa- tion of a wildlife conservation strategy based upon the best available and appropriate sci- entific information and data that— (i) uses such information on the distribu- tion and abundance of species of wildlife, in- cluding 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 es- Page 1193 TITLE 16—CONSERVATION § 669c 1 See References in Text note below. sential to conservation of species identified under paragraph (1); (iii) identifies the problems which may ad- versely 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 spe- cies identified under paragraph (1) and their habitats and the effectiveness of the con- servation actions determined under para- graph (4), and for adapting conservation ac- tions as appropriate to respond to new infor- mation or changing conditions; (vi) provides for the review of the State wildlife conservation strategy and, if appro- priate, revision at intervals of not more than ten years; (vii) provides for coordination to the ex- tent feasible the State fish and wildlife de- partment, during the development, imple- mentation, review, and revision of the wild- life conservation strategy, with Federal, State, and local agencies and Indian tribes that manage significant areas of land or water within the State, or administer pro- grams that significantly affect the conserva- tion 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 comprehen- sive 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 (d), as redesignated 1 an amount that shall not exceed 75 percent of the estimated cost of developing and implementing the program. (4)(A) Except as provided in subparagraph (B), after the Secretary approves a State’s wildlife conservation and restoration program, the Sec- retary may make payments on a project that is a segment of the State’s wildlife conservation and restoration program as the project pro- gresses. Such payments, including previous pay- ments 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 rep- resenting the United States pro rata share of a project that is a segment of a wildlife conserva- tion 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 Com- monwealth of the Northern Mariana Islands. (Sept. 2, 1937, ch. 899, § 4, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 24, 1946, ch. 605, § 1, 60 Stat. 656; Pub. L. 91–503, title I, § 102, Oct. 23, 1970, 84 Stat. 1098; Pub. L. 92–558, title I, § 101(b), Oct. 25, 1972, 86 Stat. 1172; Pub. L. 94–273, § 4(1), Apr. 21, 1976, 90 Stat. 377; Pub. L. 99–396, § 8(b), Aug. 27, 1986, 100 Stat. 839; Pub. L. 101–233, § 7(a)(2), Dec. 13, 1989, 103 Stat. 1975; Pub. L. 106–408, title I, § 111(a), Nov. 1, 2000, 114 Stat. 1763; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(e)], Dec. 21, 2000, 114 Stat. 2762, 2762A–121; Pub. L. 116–94, div. P, title V, § 501(d), Dec. 20, 2019, 133 Stat. 3192; Pub. L. 117–58, div. B, title VIII, § 28001(b)(1), Nov. 15, 2021, 135 Stat. 887; Pub. L. 117–263, div. K, title CXIII, § 11324(b)(1), Dec. 23, 2022, 136 Stat. 4095.) Editorial Notes REFERENCES IN TEXT Subsection (d), as redesignated, referred to in subsec. (e)(3), probably refers to the redesignation of a second subsec. (c) of this section as (d) by Pub. L. 116–94, div. P, title V, § 501(d)(2)(A), Dec. 20, 2019, 133 Stat. 3192. See 2019 Amendment note below. AMENDMENTS 2022—Subsec. (a)(1)(B)(i). Pub. L. 117–263 amended cl. (i) generally. Prior to amendment, cl. (i) read as fol- lows: ‘‘for the fiscal year that includes November 15, 2021, the sum obtained by adding— ‘‘(I) the available amount specified in this subpara- graph for the preceding fiscal year; and ‘‘(II) $979,500; and’’. 2021—Subsec. (a)(1)(B). Pub. L. 117–58, § 28001(b)(1)(A), added subpar. (B) and struck out former subpar. (B) which provided amounts available for fiscal years 2001 and thereafter. Subsec. (a)(2)(A). Pub. L. 117–58, § 28001(b)(1)(B)(i), in- serted ‘‘subsequent’’ before ‘‘fiscal year.’’ Subsec. (a)(2)(B). Pub. L. 117–58, § 28001(b)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B) which related to apportionment of unobligated amounts. 2019—Subsec. (c). Pub. L. 116–94, § 501(d)(1)(A), inserted heading. Subsec. (c)(1). Pub. L. 116–94, § 501(d)(1)(B), (C), des- ignated the portion of the first sentence of existing pro- visions preceding the proviso as par. (1), inserted head- ing, and substituted ‘‘Subject to paragraph (2), 1⁄2’’ for ‘‘One-half’’ and a period for ‘‘: Provided, That’’. Subsec. (c)(2). Pub. L. 116–94, § 501(d)(1)(D), designated the portion of the first sentence of existing provisions that had followed ‘‘Provided, That’’ as par. (2), inserted heading, and substituted ‘‘The amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the reve- nues described in such paragraph’’ for ‘‘each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues’’. Subsec. (c)(3). Pub. L. 116–94, § 501(d)(1)(E), designated second sentence of existing provisions as par. (3) and in- serted heading. Subsec. (c)(4). Pub. L. 116–94, § 501(d)(1)(F), added par. (4). Subsecs. (d), (e). Pub. L. 116–94, § 501(d)(2)(A), redesig- nated second subsec. (c), as added by Pub. L. 106–553, and subsec. (d) as (d) as (e), respectively. Subsec. (e)(3). Pub. L. 116–94, § 501(d)(2)(B), substituted ‘‘subsection (d), as redesignated’’ for ‘‘subsection (c)’’. 2000—Pub. L. 106–408 inserted section catchline, sub- stituted subsec. (a) for ‘‘(a) So much, not to exceed 8 Page 1194 TITLE 16—CONSERVATION § 669d per centum, of the revenues (excluding interest accru- ing 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 suc- ceeding 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 unex- pended 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) designa- tion and heading, substituted ‘‘after deducting the available amount under subsection (a), the amount ap- portioned under subsection (c), any amount appor- tioned 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 afore- said 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 Restora- tion 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 ‘‘Sep- tember’’ for ‘‘June’’, and ‘‘October’’ for ‘‘July’’. 1972—Subsec. (b). Pub. L. 92–558 substituted ‘‘(begin- ning 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, de- fined ‘‘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. Statutory Notes and Related Subsidiaries 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. SUSPENSION OF EXPENSE LIMITATION The Interior Department Appropriation Act, 1945, act June 28, 1944, ch. 298, § 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 the former Appendix to Title 50, War and Na- tional Defense, which act expired June 30, 1945. 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. § 669d. Apportionment; certification to States and Secretary of the Treasury; acceptance by States; disposition of funds not accepted For each fiscal year, the Secretary of the Inte- rior shall certify, at the time at which a deduc- tion or apportionment is made, to the Secretary of the Treasury and to each State fish and game department the sum which he has estimated to be deducted for administering this chapter and the Migratory Bird Conservation Act [16 U.S.C. 715 et seq.] and the sum which he has appor- tioned to each State. Any State desiring to avail itself of the benefits of this chapter shall notify the Secretary of the Interior to this effect with- in sixty days after it has received the certifi- cation referred to in this section. The sum ap- portioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conserva- tion Act. (Sept. 2, 1937, ch. 899, § 5, 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. 1098; Pub. L. 106–408, title I, § 114, Nov. 1, 2000, 114 Stat. 1769.) 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 2000—Pub. L. 106–408 in first sentence inserted ‘‘, at the time at which a deduction or apportionment is made,’’ after ‘‘certify’’ and struck out ‘‘and executing’’ after ‘‘for administering’’. 1970—Pub. L. 91–503 struck out requirement that ap- portionments be made by February 20 of each year pre- ceding commencement of fiscal year in which funds would be used. 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. § 669e. Submission and approval of plans and projects (a) Setting aside funds Any State desiring to avail itself of the bene- fits of this chapter shall, by its State fish and game department, submit programs or projects