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.
The available amount referred to in subparagraph (A) is-
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.
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 pursuant to subparagraph (A) during that fiscal year and remains unobligated at the end of that fiscal year.
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amounts made available under this chapter were apportioned among the States for the fiscal year in which the amount was originally made available.
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 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.
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 population of all the States.
The amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues 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.
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.
In addition to other uses authorized under this chapter, amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment.
1See References in Text note below.
16 U.S.C. § 669c
EDITORIAL NOTES
REFERENCES IN TEXTSubsection (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.
AMENDMENTS2022-Subsec. (a)(1)(B)(i). Pub. L. 117-263 amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "for the fiscal year that includes November 15, 2021, the sum obtained by adding- "(I) the available amount specified in this subparagraph 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), inserted "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), designated the portion of the first sentence of existing provisions preceding the proviso as par. (1), inserted heading, 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 revenues 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 inserted 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), redesignated 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, 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), the amount apportioned under subsection (c), 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.
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 National Defense, which act expired June 30, 1945.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSReorg. 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.
- Secretary
- the term "Secretary" means the Secretary of the Interior;
- conservation
- the term "conservation" means the use of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, 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 taking of individuals within wildlife stock or population if permitted by applicable State and Federal law;
- hunter recruitment and recreational shooter recruitment
- the term "hunter recruitment and recreational shooter recruitment" means any activity 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 practices;(iv) to promote conservation and the responsible use of the wildlife resources of the United States; and(v) to further safety in hunting and recreational shooting;(B) providing education, mentoring, and field demonstrations;(C) enhancing access for hunting and recreational shooting, including through range construction; and(D) providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation;
- wildlife conservation and restoration program
- the term "wildlife conservation and restoration 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 constitute such a program, which may be implemented 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 conservation organizations, and outdoor recreation and conservation education entities from funds apportioned under this chapter,2 and maintenance of such projects;
- wildlife conservation education
- the term "wildlife conservation education" means projects, including public outreach, intended to foster responsible natural resource stewardship; and
- wildlife
- 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;
- wildlife-associated recreation
- 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;