16 U.S.C. § 669e

Submission and approval of plans and projects

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(a) Setting aside fundsAny State desiring to avail itself of the benefits of this chapter shall, by its State fish and game department, submit programs or projects for wildlife restoration in either of the following two ways:(1) The State shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan which shall insure the perpetuation of these resources for the economic, scientific, and recreational enrichment of the people. Such plan shall be for a period of not less than five years and be based on projections of desires and needs of the people for a period of not less than fifteen years. It shall include provisions for updating at intervals of not more than three years and be provided in a format as may be required by the Secretary of the Interior. If the Secretary of the Interior finds that such plans conform to standards established by him and approves such plans, he may finance up to 75 per centum of the cost of implementing segments of those plans meeting the purposes of this chapter from funds apportioned under this chapter upon his approval of an annual agreement submitted to him.(2) A State may elect to avail itself of the benefits of this chapter by its State fish and game department submitting 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 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. 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 set aside so much of said fund as represents the share of the United States payable under this chapter on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof.

The Secretary of the Interior shall approve only such comprehensive plans or projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved comprehensive wildlife plans or projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under this chapter. No payment of any money apportioned under this chapter shall be made on any comprehensive wildlife plan or project until an agreement to participate therein shall have been submitted to and approved by the Secretary of the Interior.

(b) “Project” defined

If the State elects to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan under option (1) of subsection (a) of this section, then the term “project” may be defined for the purposes of this chapter as a wildlife program, all other definitions notwithstanding.

Administrative costs in the form of overhead or indirect costs for services provided by State central service activities outside of the State agency having primary jurisdiction over the wildlife resources of the State which may be charged against programs or projects supported by the fund established by section 669b of this title shall not exceed in any one fiscal year 3 per centum of the annual apportionment to the State.

(Sept. 2, 1937, ch. 899, § 6, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91–503, title I, § 102, Oct. 23, 1970, 84 Stat. 1099.)Editorial NotesAmendments

1970—Subsec. (a). Pub. L. 91–503 inserted an alternative method of application for funds by the submission of a comprehensive fish and wildlife resource management plan for a period of five years based on projections for fifteen years, to be updated every three years, laid down a maximum limit of federal assistance of 75 percent of the estimated cost of the implementation of the plan, and, in the existing method of application, now contained in par. (2), struck out reference to Secretary of the Treasury and the requirement that the State pay 10 percent of the costs.

Subsecs. (b), (c). Pub. L. 91–503 added subsecs. (b) and (c).

Executive DocumentsTransfer 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.

Notes of Decisions

Cited in 7 cases, 1962–2012 · leading case: Sierra Club v. United States Fish & Wildlife Serv., 235 F. Supp. 2d 1109 (D. Or. 2002).

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Sierra Club v. United States Fish & Wildlife Serv., 235 F. Supp. 2d 1109 (D. Or. 2002). · cites it 3× “16 U.S.C. § 669e. The Secretary of the Interior may approve “only such comprehensive plans or projects as may be substantial in character and design[.”

Stewart Udall, Sec'y of the Interior v. States of Wisconsin, Colorado & Minnesota, Stewart Udall, Sec'y of the Interior v. State of Michigan, 306 F.2d 790 (D.C. Cir. 1962). · cites it 3× “16 U.S.C.A. § 669e. . He credited their respective accounts with a sum equivalent to their share of the fund based on clearly non-duplicating licenses and held a substantial balance in reserve in the event they should ultimately comply.”

Scarborough Citizens Protecting Resources v. U.S. Fish & Wildlife Serv., 674 F.3d 97 (1st Cir. 2012). “16 U.S.C. § 669e(a). Scarborough Citizens focuses on the statutory requirement that if authorized funds are “otherwise applied,” “they shall be replaced by the State before it may participate in any further apportionment”; a regulation, 50 C.”

Fund for Animals v. Babbitt, 89 F.3d 128 (2d Cir. 1996). · cites it 2× “See generally 16 U.S.C. § 669e. If funding is approved, the state first spends its own money on the project, and then submits invoices to receive reimbursement from the federal government.”

Sportsmen's Wildlife Def. Fund v. United States Dep't of the Interior, 949 F. Supp. 1510 (D. Colo. 1996). · cites it 2× “See 16 U.S.C. § 669e. Plaintiffs allege in their second claim that the state defendants are violating the LWCF Act, 16 U.”

Sportsmen's Wildlife Def. Fund v. Romer, 29 F. Supp. 2d 1199 (D. Colo. 1998). · cites it 2× “See 16 U.S.C. § 669e(a)(2); 50 C.F.R. § 41.21 (1955); Pltf.”

Fund for Animals v. Babbitt, 2 F. Supp. 2d 570 (D. Vt. 1997). “See 16 U.S.C. § 669e(2). It further projected the total five-year cost of the original five elements related to the Job I, Study 1 administration of the moose hunt from 1993 through 1998 would be $50,880.”

— 16 U.S.C. § 669e(2) — 2 cases

Sportsmen's Wildlife Def. Fund v. United States Dep't of the Interior, 949 F. Supp. 1510 (D. Colo. 1996). “See 16 U.S.C. § 669e. Plaintiffs allege in their second claim that the state defendants are violating the LWCF Act, 16 U.”

— 16 U.S.C. § 669e(a) — 1 case

— 16 U.S.C. § 669e(a)(2) — 2 cases

Sierra Club v. United States Fish & Wildlife Serv., 235 F. Supp. 2d 1109 (D. Or. 2002). “16 U.S.C. § 669e. The Secretary of the Interior may approve “only such comprehensive plans or projects as may be substantial in character and design[.”

Sportsmen's Wildlife Def. Fund v. Romer, 29 F. Supp. 2d 1199 (D. Colo. 1998). “See 16 U.S.C. § 669e(a)(2); 50 C.F.R. § 41.21 (1955); Pltf.”

— 16 U.S.C. § 669e(a)(l) — 1 case

Fund for Animals v. Babbitt, 89 F.3d 128 (2d Cir. 1996). “See generally 16 U.S.C. § 669e. If funding is approved, the state first spends its own money on the project, and then submits invoices to receive reimbursement from the federal government.”

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