16 U.S.C. § 669c : US Code - Section 669C: Allocation and apportionment of available amounts

Search 16 U.S.C. § 669c : US Code - Section 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) (!1) 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 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 holders of each State in the second fiscal year preceding
the fiscal year for which such apportionment 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 September 30, except that the
period for enumeration of paid hunting-license holders shall be a
State's fiscal or license year.
(c) (!2) Apportionment of certain taxes
One-half 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 population of all the States:
Provided, That each State shall be apportioned not more than 3 per
centum and not less than 1 per centum of such revenues 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. For the purpose of this subsection, population
shall be determined on the basis of the latest decennial census for
which figures are available, as certified by the Secretary of
Commerce.
(c) (!2) 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 Northern 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 following 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 paragraph 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 Federal expenses incurred in the administration and execution
of programs carried out with such amounts.
(d) Wildlife conservation and restoration programs
(1) Any State, through its fish and wildlife department, may
apply to the Secretary of the Interior for approval of a wildlife
conservation and restoration program, or for funds from the
Wildlife Conservation and Restoration Account, to develop a
program. To apply, a State shall submit 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 implementation of -
(i) wildlife conservation projects that expand and support
existing wildlife programs, giving appropriate consideration to
all wildlife;
(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 implementation of projects and
programs required under this paragraph.
(D) Wildlife conservation strategy. - Within five years of the
date of the initial apportionment, develop and begin
implementation of a wildlife conservation strategy based upon the
best available and appropriate scientific information and data
that -
(i) uses such information on the distribution and abundance
of species of wildlife, including 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 essential to conservation of species
identified under paragraph (1);
(iii) identifies the problems which may adversely 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 species identified
under paragraph (1) and their habitats and the effectiveness of
the conservation actions determined under paragraph (4), and
for adapting conservation actions as appropriate to respond to
new information or changing conditions;
(vi) provides for the review of the State wildlife
conservation strategy and, if appropriate, revision at
intervals of not more than ten years;
(vii) provides for coordination to the extent feasible the
State fish and wildlife department, during the development,
implementation, review, and revision of the wildlife
conservation strategy, with Federal, State, and local agencies
and Indian tribes that manage significant areas of land or
water within the State, or administer programs that
significantly affect the conservation 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 comprehensive 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 (c) (!3) 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.