§ 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 interest 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 specified in subparagraph (B) for the fiscal year for expenses for administration incurred in implementation of this chapter, in accordance with this subsection and section 669h of this title.

(B) Available amounts The available amount referred to in subparagraph (A) is—

(i) for each of fiscal years 2001 and 2002, $9,000,000;

(ii) for fiscal year 2003, $8,212,000; and

(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of—

(I) the available amount for the preceding fiscal year; and

(II) the amount determined by multiplying—

(aa) the available amount for the preceding fiscal year; and

(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.

(2) Period of availability; apportionment of unobligated 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 fiscal year.

(B) Apportionment of unobligated amounts

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 remains unobligated at the end of the fiscal year, on the same basis and in the same manner as other amounts made available under this chapter are apportioned among the States for the fiscal year.

(b) Apportionment to States

The Secretary of the Interior, after deducting the available amount under subsection (a) of this section, the amount apportioned under subsection (c) of this section 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 Secretary may make payments on a project that is a segment of the State’s wildlife conservation and restoration program as the project progresses. Such payments, including previous payments 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 representing the United States pro rata share of a project that is a segment of a wildlife conservation 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 Commonwealth 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.)

Amendments

Amendments

2000—Pub. L. 106–408 inserted section catchline, substituted subsec. (a) for “(a) So much, not to exceed 8 per centum, of the revenues (excluding interest accruing 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 succeeding 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 unexpended 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) designation and heading, substituted “after deducting the available amount under subsection (a) of this section, the amount apportioned under subsection (c) of this section, any amount apportioned 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 aforesaid 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 Restoration 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 “September” for “June”, and “October” for “July”.

1972—Subsec. (b). Pub. L. 92–558 substituted “(beginning 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, defined “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.

Effective Date Of Amendment

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.

Transfer Of Functions

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 relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.

Miscellaneous

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 Appendix to Title 50, War and National Defense, which act expired June 30, 1945.