16 U.S.C. § 669a — Definitions

Page 1188 TITLE 16—CONSERVATION § 669a 1 So in original. The period probably should be a semicolon. 2 See References in Text note below. sections 669a, 669b, 669c, 669g, and 4406 of this title, and enacting provisions set out as notes under this section] relate solely to wildlife conservation and restoration programs and shall not be construed to affect the provi- sions of the Federal Aid in Wildlife Restoration Act re- lating to wildlife restoration projects or the provisions of the Federal Aid in Sport Fish Restoration Act relat- ing to fish restoration and management projects.’’ PROHIBITION AGAINST DIVERSION Pub. L. 106–553, § 1(a)(2) [title IX, § 902(h)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124, provided that: ‘‘No des- ignated State agency shall be eligible to receive match- ing funds under this title [enacting section 1356a of Title 43, Public Lands, amending sections 669a, 669b, 669c, 669g, and 4406 of this title, and enacting provisions set out as notes under this section] if sources of rev- enue available to it after January 1, 2000, for conserva- tion of wildlife are diverted for any purpose other than the administration of the designated State agency, it being the intention of Congress that funds available to States under this title be added to revenues from exist- ing State sources and not serve as a substitute for reve- nues from such sources. Such revenues shall include in- terest, dividends, or other income earned on the fore- going.’’ DESIGNATION OF PROGRAMS Pub. L. 106–408, title I, § 131, Nov. 1, 2000, 114 Stat. 1775, provided that: ‘‘The programs established under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) and the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) shall be known as the ‘Federal Assistance Program for State Wildlife and Sport Fish Restoration’.’’ 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. § 669a. Definitions As used in this chapter— (1) the term ‘‘conservation’’ means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, in- cluding all activities associated with scientific resources management such as research, cen- sus, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and periodic or total protection of a species or population, as well as the tak- ing of individuals within wildlife stock or pop- ulation if permitted by applicable State and Federal law; (2) for the purposes of determining the num- ber of paid hunting-license holders in a State, the term ‘‘fiscal year’’ means the fiscal year or license year of the State; (3) the term ‘‘hunter recruitment and rec- reational shooter recruitment’’ means any ac- tivity or project to recruit or retain hunters and recreational shooters, including by— (A) outreach and communications as a means— (i) to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities; (ii) to reduce barriers to participation in these activities; (iii) to advance the adoption of sound hunting and recreational shooting prac- tices; (iv) to promote conservation and the re- sponsible use of the wildlife resources of the United States; and (v) to further safety in hunting and rec- reational shooting; (B) providing education, mentoring, and field demonstrations; (C) enhancing access for hunting and rec- reational shooting, including through range construction; and (D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation; (4) the term ‘‘public target range’’ means a specific location that— (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pis- tol, or shotgun shooting; (5) the term ‘‘Secretary’’ means the Sec- retary of the Interior; (6) the term ‘‘State fish and game depart- ment’’ or ‘‘State fish and wildlife department’’ means any department or division of depart- ment of another name, or commission, or offi- cial or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department or State fish and wildlife department.1 (7) the term ‘‘wildlife’’ means any species of wild, free-ranging fauna including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range; (8) the term ‘‘wildlife-associated recreation’’ means projects intended to meet the demand for outdoor activities associated with wildlife including, but not limited to, hunting and fishing, wildlife observation and photography, such projects as construction or restoration of wildlife viewing areas, observation towers, blinds, platforms, land and water trails, water access, field trialing, trail heads, and access for such projects; (9) the term ‘‘wildlife conservation and res- toration program’’ means a program developed by a State fish and wildlife department and approved by the Secretary under section 669c(d) 2 of this title, the projects that con- stitute such a program, which may be imple- mented in whole or part through grants and contracts by a State to other State, Federal, or local agencies (including those that gather, evaluate, and disseminate information on wildlife and their habitats), wildlife conserva- tion organizations, and outdoor recreation and conservation education entities from funds ap- portioned under this chapter,2 and mainte- nance of such projects; (10) the term ‘‘wildlife conservation edu- cation’’ means projects, including public out- Page 1189 TITLE 16—CONSERVATION § 669b reach, intended to foster responsible natural resource stewardship; and (11) the term ‘‘wildlife-restoration project’’ includes the wildlife conservation and restora- tion program and means the selection, res- toration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, includ- ing acquisition of such areas or estates or in- terests therein as are suitable or capable of being made suitable therefor, and the con- struction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration af- fecting wildlife resources, and such prelimi- nary or incidental costs and expenses as may be incurred in and about such projects. (Sept. 2, 1937, ch. 899, § 2, 50 Stat. 917; July 2, 1956, ch. 489, § 1, 70 Stat. 473; Pub. L. 86–624, § 10, July 12, 1960, 74 Stat. 412; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(c)], Dec. 21, 2000, 114 Stat. 2762, 2762A–119; Pub. L. 116–17, § 4(a), May 10, 2019, 133 Stat. 867; Pub. L. 116–94, div. P, title V, § 501(c), Dec. 20, 2019, 133 Stat. 3191.) Editorial Notes REFERENCES IN TEXT Section 669c(d) of this title, referred to in par. (9), was in the original ‘‘section 304(d)’’, and was translated as reading ‘‘section 4(d)’’, meaning section 4(d) of Act Sept. 2, 1937, ch. 899, to reflect the probable intent of Congress, because Act Sept. 2, 1937, ch. 899, does not contain a section 304(d), and section 4(d) relates to wildlife conservation and restoration programs. Sec- tion 669c(d) of this title was redesignated section 669c(e) of this title by Pub. L. 116–94, div. P, title V, § 501(d)(2)(A), Dec. 20, 2019, 133 Stat. 3192. This chapter, referred to in par. (9), was in the origi- nal ‘‘this title’’, and was translated as reading ‘‘this Act’’, meaning Act Sept. 2, 1937, ch. 899, to reflect the probable intent of Congress, because Act Sept. 2, 1937, ch. 899, which enacted this chapter, does not contain ti- tles. AMENDMENTS 2019—Pars. (2) to (11). Pub. L. 116–94 added pars. (2) and (3) and redesignated former pars. (2) to (9) as (4) to (11), respectively. Pub. L. 116–17 added par. (2) and redesignated former pars. (2) to (8) as (3) to (9), respectively. Such pars. (2) to (9) were subsequently redesignated (4) to (11) by Pub. L. 116–94. 2000—Pub. L. 106–553 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘For the purposes of this chapter the term ‘wildlife-restoration project’ shall be construed to mean and include the selection, restoration, rehabilita- tion, and improvement of areas of land or water adapt- able as feeding, resting, or breeding places for wildlife, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests there- in as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them avail- able for such purposes and also including such research into problems of wildlife management as may be nec- essary to efficient administration affecting wildlife re- sources, and such preliminary or incidental costs and expenses as may be incurred in and about such projects; the term ‘State fish and game department’ shall be construed to mean and include any department or divi- sion of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department.’’ 1960—Pub. L. 86–624 struck out provisions which de- fined ‘‘State’’ as including the several States and the Territory of Hawaii. 1956—Act July 2, 1956, included definition of ‘‘State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1956 AMENDMENT Act July 2, 1956, ch. 489, § 5, 70 Stat. 473, provided in part that: ‘‘The amendments made by this Act [amend- ing this section and sections 669g–1, 777a, and 777k of this title] shall be applicable only with respect to fiscal years beginning after the passage of this Act [July 2, 1956].’’ FINDINGS, PURPOSE, AND DEFINITION REGARDING PUBLIC TARGET RANGES Pub. L. 116–17, §§ 2, 3, May 10, 2019, 133 Stat. 866, 867, provided that: ‘‘SEC. 2. FINDINGS; PURPOSE. ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent spe- cific portions of that land have been closed to those activities; ‘‘(2) in recent years preceding the date of enact- ment of this Act [May 10, 2019], portions of Federal land have been closed to target practice and marks- manship training for many reasons; ‘‘(3) the availability of public target ranges on non- Federal land has been declining for a variety of rea- sons, including continued population growth and de- velopment near former ranges; ‘‘(4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— ‘‘(A) to promote enjoyment of shooting, rec- reational, and hunting activities; and ‘‘(B) to ensure safe and convenient locations for those activities; ‘‘(5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Fed- eral support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and ‘‘(6) it is in the public interest to provide increased Federal support to facilitate the construction or ex- pansion of public target ranges. ‘‘(b) PURPOSE.—The purpose of this Act [see Short Title of 2019 Amendment note set out under section 669 of this title] is to facilitate the construction and expan- sion of public target ranges, including ranges on Fed- eral land managed by the Forest Service and the Bu- reau of Land Management. ‘‘SEC. 3. DEFINITION OF PUBLIC TARGET RANGE. ‘‘In this Act, the term ‘public target range’ means a specific location that— ‘‘(1) is identified by a governmental agency for rec- reational shooting; ‘‘(2) is open to the public; ‘‘(3) may be supervised; and ‘‘(4) may accommodate archery or rifle, pistol, or shotgun shooting.’’ § 669b. Authorization of appropriations (a) In general (1) An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed on specified articles by sections 4161(b) and 4181 of title 26, shall, sub-