§669c. Apportionment of funds; expenses of Secretary

(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 [16 U.S.C. 715 et seq.] 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. The Secretary of the Interior, after making the aforesaid deduction, shall apportion, except as provided in subsection (b) of this section, 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.

(b) 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, 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.

(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 ; Oct. 23, 1970, Pub. L. 91–503, title I, §102, 84 Stat. 1098 ; Oct. 25, 1972, Pub. L. 92–558, title I, §101(b), 86 Stat. 1172 ; Apr. 21, 1976, Pub. L. 94–273, §4(1), 90 Stat. 377 ; Aug. 27, 1986, Pub. L. 99–396, §8(b), 100 Stat. 839 ; Dec. 13, 1989, Pub. L. 101–233, §7(a)(2), 103 Stat. 1975 .)

References in Text

The Migratory Bird Conservation Act, referred to in subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222 , as amended, which is classified generally to subchapter III (§715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.

Amendments

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 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

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.

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.

Section Referred to in Other Sections

This section is referred to in section 669g of this title.