B. Wildlife restoration 1. FEDERAL AID IN WILDLIFE RESTORATION ACT (PITTMAN ROBERTSON ACT) Act of September 2, 1937 (50 Stat. 917), as amended (16 U.S.C. 669–669b, 669c-6691) TABLE OF CONTENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1. Cooperation of Secretary of the Interior with States; conditions. 2. Definitions. 3. Appropriations; disposition of unexpended funds. 4. Apportionment of funds; expenses of Secretary. 5. Certification to States; acceptance by States; disposition of funds not accepted. 6. Submission and approval of projects; setting funds aside. 7. Payment of funds to States. 8. Maintenance of projects; expenditures for management. Sec. 8(a). Payment of funds to and cooperation with Puerto Rico, Guam, and the Virgin Islands. Sec. 9. Employment of personnel. 10. Rules and regulations. Sec. COOPERATION OF SECRETARY OF THE INTERIOR WITH STATES; CONDITIONS SECTION. 1. The Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter set forth; but no money apportioned under said sections to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this Act and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this Act, and shall agree upon the wildliferestoration projects to be aided in such State under the terms of said sections and all projects shall conform to the standards fixed by the Secretary of the Interior. (Sept. 2, 1937, c. 899, § 1, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) HISTORICAL NOTE Transfer of Functions.-1939 Reorg. Plan No. II, transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior. DEFINITIONS SEC. 2. For the purposes of this Act the term "wildlife-restoration project" shall be construed to mean and include the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition by purchase, condemnation, lease, or gift of such areas or estates of interests therein 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 available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, 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 division 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. (As amended July 12, 1960, Pub. L. 86-624, § 10, 74 Stat. 412.) HISTORICAL NOTE 1960 Amendment.-Pub. L. 86-624 eliminated provisions which defined the term "State" as including the several States and the Territory of Hawaii. 1956 Amendment.-Act July 2, 1956 amended section to include the definition of "State". Effective Date of 1956 Amendment; Assent Requirements.-Section 5 of Act July 2, 1956, provided that: "The amendments made by this Act shall be applicable only with respect to fiscal years beginning after the passage of this Act [July 2, 1956]. Until the final adjournment of the first regular session of the legislature of the Territory of Hawaii held after the passage of this Act [July 2, 1956], the assent of the Governor of the Territory shall be sufficient for the purposes of the assent requirements set forth in section 1 of said Federal Aid in Wildlife Restoration Act and in section 1 of said Federal Aid in Fish Restoration Act." APPROPRIATIONS: DISPOSITION OF UNEXPENDED FUNDS SEC. 3. An amount equal to the revenue accruing during the fiscal year ending June 30, 1939, and each fiscal year thereafter, from the tax imposed by section 610, Title IV, of the Revenue Act of 1932 (47 Stat. 169), as extended and amended before or after September 2, 1937, on firearms, shells, and cartridges, is authorized to be set apart in the Treasury as a special fund to be known as "The Federal aid to wildlife-restoration fund" and is authorized to be appropriated and made available until expended for the purposes of this Act. So much of such appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of said Act which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is author ized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, c. 899, § 3, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 Fed. Reg. 2731, 53 Stat. 1433.) HISTORICAL NOTE References in Text.-Section 610, Title IV, of Revenue Act of 1932 was source of section 3407 of Title 26, Internal Revenue Code, 1939, which was repealed by section 7851 of Title 26, I.R.C. 1954, and is now covered by sections 4181, 4182, 4224, and 5831 of Title 26, I.R.C. 1954. The Migratory Bird Conservation Act, referred to in the text, is classified to sections 715-715d, 715e, 715f-715k, 7151-715r of Title 16, U.S. Code. APPORTIONMENT OF FUNDS; EXPENSES OF SECRETARY SEC. 4. So much, not to exceed 8 per centum, of the revenue 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 Act 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 Act to be apportioned among the States for such current fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion the remainder of the revenues in said fund for each fiscal year among the several States in the following manner, that is to say, 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 holders of each State in the preceding fiscal year, 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: Provided, That 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 to all the States. (Sept. 2, 1937, c. 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, c. 605, § 1, 60 Stat. 656.) HISTORICAL NOTE 1946 Amendment.-Act July 24, 1946, amended section by substituting proviso making apportionment upon a percentage basis for provisos providing for certain definite sums to be apportioned to each State. Suspension of Expense Limitation.-The Interior Department Appropriation Act, 1945, Act June 28, 1944, c. 298, § 1, 58 Stat. 504, provided that the limitation in this Act was waived to the extent necessary to provide overtime under the provisions of the War Overtime Pay Act 1943, former sec- CERTIFICATION TO STATES; ACCEPTANCE BY STATES; DISPOSITION OF FUNDS NOT ACCEPTED SEC. 5. Within sixty days after September 2, 1937, the Secretary of the Interior shall certify 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 and executing this Act, and the Migratory Bird Conservation Act and the sum which he has apportioned to each State for the fiscal year ending June 30, 1939, and on or before February 20 next preceding the commencement of each succeeding fiscal year shall make like certificates for such fiscal year. Any State desiring to avail itself of the benefits of this Act shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned 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 Conservation Act. (Sept. 2, 1937, c. 899, § 5, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1934, 4 F.R. 2731, 53 Stat. 1433.) SUBMISSION AND APPROVAL OF PROJECTS; SETTING FUNDS ASIDE SEC. 6. Any State desiring to avail itself of the benefits of this Act shall by its State fish and game department submit 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 up 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: Provided, however, That the Secretary of the Interior shall approve only such projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this Act. Items included for engineering, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of such works and shall be paid by the State as a part of its contribution to the total cost of such works. 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 immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside so much of said funds as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. No payment of any money apportioned under this Act shall be made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have been submitted to and approved by the Secretary of the Interior. (Sept. 2, 1937, c. 899, § 6, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) PAYMENT OF FUNDS TO STATES SEC. 7. 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: Provided, That 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 specifications. 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 regulations made pursuant to this Act. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments, as work progresses, shall be made under this Act. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of the Interior against the said fund to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State. (Sept. 2, 1937, c. 899, § 7, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) MAINTENANCE OF PROJECTS; EXPENDITURES FOR MANAGEMENT SEC. 8. Maintenance of wildlife-restoration projects established under the provisions of this Act shall be the duty of the States in accordance with their respective laws: Provided, That beginning July 1, 1945, the term "wildlife-restoration project", as defined in section 2 of this Act, shall include maintenance of completed projects, but not more than 25 per centum of the total amount apportioned to any State under the provisions of said sections may be expended for such maintenance. Notwithstanding any other provision of such sections, funds apportioned to a State under such sections may be expended by the State for management (exclusive of law enforcement and public relations) of wildlife areas and resources, but not more than 30 per centum of the total amount apportioned to a State for any fiscal year may be expended for such purpose. (Sept. 2, 1937, c. 899, § 8, 50 Stat. 919; July 24, 1946, c. 605, § 2, 60 Stat. 656; August 12, 1955, c. 861, § 2, 69 Stat. 698.) HISTORICAL NOTE 1955 Amendment.-Act Aug. 12, 1955, amended section to permit expenditure of funds for management of wildlife areas and resources. 1946 Amendment.-Act July 24, 1946, amended section by adding proviso defining "wildlife-restoration project". |