Regulations for carrying out the federal aid to Wildlife Restoration Act and text of the law

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Regulations for carrying out the federal aid to Wildlife Restoration Act and text of the law
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BUREAUA U 0

SERVICE ANDE IG
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apartmentt of Agriculture
* BIOLOGICAL SURVEY

ULATORY ANNOUNCEMENT' I


REGULATIONS FOR CARRYING OUT THE FEDERAL AID
TO WILDLIFE RESTORATION ACT AND TEXT OF THE
LAW

CONTENTS
Regulat iors for cairyiniL out the Federal Aid to Wildlife Restorationt Act -------- 1
TI xt o the Federal Aid to Wildlife Res4toration Act---------------------------- 4


REGULATIONS FOR CARRYING OUT THE FEDERAL AID TO WILDLIFE
RESTORATION ACT
[Apprived by the Secretary of Acricultu.e. July 12, lf1:'.-3 F. R. 1713]

Regulation 1.-Definitions
SBCTION 1. For the purposc.4 of these reLgulations, the following terms shall be
construed, re-pectively, to mean:
A.4t.-The act of C ongre's approved September 2. 1937, entitled, "An Act to
provide that the United States shall aid the States in wildlife restoration proj-
ects, and for other lnipurpoes" (50 Stat. 917), commonly referred to as the Pittnian-
Robertson Act.
,S <-rfyitry.-The Secretary of A-,riculture of the United States.
Bioloyiv.1 Survey.-The Bureau of Biological Survey of the United States
Depa rtmnent of Agriculture.
Authoriz,'d r'pr'.n'iitatircs of the S((.i, tary.-The Chief of the Bureau of
Biologi-cal Survey, or such other oflicials and employees thereof as he may
designate from time to time.
Stafif fi-.i and gyiqm, d'pitrlftintn.-Any department or division of the depa.rt-
ment of another namie or commission, or ,ffi, ial or officials, of a State entpo)wered
under its laws to exercise the functions ordinarily exercised by a State fish and
ga me depa- rtment.
Wildlife r i-.trition pioj(ct.-The (-election, restoration, rehabilitation, and
imprniveinenit of areas of land or water adaptable as feeding, resting, or breed-
in1 pJlaces for wildlife, including ,rrseairch into problitis of wildlife management.
Ten-pere(nt fund.-Items for engineering, inspection, and unfor tl-Pri 'montin-
ge(ll(.ci(s i)n it excee(diig 10 percent of the total estimated cost .of any works to be
constructed under the provkiiins of this act.
Pr, liiniiai' ar d i.(ideintal co.s.xs.-Ne-.,s.iiry expenses inii(urred in and about
approved projects covered by project agreements, including salaries, subsistence,
and travel of perso inel; preparation of plans, specificatiiin-. and es.iimatt;s ; sur-
veys and coiiiduct of examinatiins and negotiations for lands.

Regulation 2.-Information for the Secretary
SPT'ION 1. Before any agreeiient is handle covering any project to be under-
taken in a State, there sllil] be furnished to the Secretary upon his request, by
or on behalf of the State, enieril information regri'dii- the laws affecting
wildlife c-n'iservatiin and the authority of the State and of local officials in ref-
S.'7:* 1l- -:;" %


Q; 11 A -1t SL III Issiiile nl iist r.1


I r ln n o g Ic ult u r e.I ki t I-







2 BUREAU OF BIOLOGICAL SURVEY [S.R.A.

erence to the establishment and mainitenance of wildlife projects; the existing
provisions of the State constitution or laws relative to revenues for the protec-
tion and restoration of wildlife; the funds that will be available to meet the
State's share of the cost of work to be performed and the general source of such
funds; and provisions made or to be made for maintaining wildlife-restoration
projects upon which Federal aid funds will be expended.
SE:c. 2. The Secretary or his authorized representatives will, fruiom time to
time, request inforiiiation from the State fish and game depalirtmenlits relative to
the maintenance of wildlife-restoration projects initiated under the provisions
of the act.
SEC. 3. Data furnished by or on behalf of a State shall be supplemented by
such reports of the Biological Survey as the Secretary may from time to time
require.
Regulation 3.-Project Statement
SECTION 1. A project statement shall be submitted for each project to be under-
taken, which shall contain such fund mental information as the Secretary may
require, to be submitted on a form supplied by the Biological Survey, to deter-
mine its suitability for wildlife-restoration purposes.

Regulation 4.-Surveys, Plans, Specifications, and Estimates
SECTION 1. The surveys, plans, specifications, and estimates shall show in
convenient form and detail the work to be performed and its probable cost, in
conformity with standards governing form and arrangement prescribed by the
Secretary.
SEc. 2. When any part of the cost of a project is to be furnished by a county
or any other subdivision of a State, the surveys, plans, specifications, and esti-
mates shall be accompanied by a certified copy of each resolution or order, if
any, of the appropriate local officials, or such other showing as the Secretary
may require respecting the funds that are made available, indicating the control
of the money provided for paying such costs; clearly defining whether the State,
county, or other local subdivision will own the lands and/or improvements; and
which agency will be responsible for administration and maintenance after the
project's completion.
SEC. 3. No payment of any money apportioned under this act, including pre-
liminary or incidental costs and expenses as may be incurred in and about such
projects, shall be made on any project unless the statement of the project and
plans, specifications, and estimates thereof have been submitted to and approved
by the Secretary of Agriculture.

Regulation 5.-Project Agreements
SECTION 1. A project agreement between the State fish and game department
and the Secretary shall be executed for each project approved by the Secretary.
Regulation 6.-Contracts
SECTION 1. All contracts, except for the purchase and leasing of lands, shall be
based upon free and open competitive bids.
Sw. 2. If a contract be awarded to any other thain the lowest responsible
bidder, the Federal Government shall not pay more than its pro rata share of
the lowest responsible bid, unless it is satisfactorily shown that it was advan-
tageous to the work to accept the higher bid.
SEC. 3. A copy of each contract as executed shall be promptly certified by the
State fish and game department and furnished to the Secretary, and no alter-
ation or modification which changes the character or extent of the work from
that indicated in the plans, specifications, and estimates as approved by the
Secretary or which increases the amounts to be paid from the lowest com-
petitive bid, shall be subsequently mad(le without the approval of the Secretary or
his authorized representatives.
Regulation 7.-Prosecution
SECTION 1. The State fish and game department shall carry all approved
projects through with reasonable promptness.







B1-'I':II'I;.\1 AID TO WILDLIFE l.E'ISTORAT'ION


SEe. 2. The Sulievi'-iMo of o each project by the. State fish :in1d L:ie d.'l; ieie:,nt
shall include ade(hqite and continuous in',iiection tllr S.'. 3. Written notice of conllll(l' rInent l tnll copIllletionl of vork ,o ;i :iy
prli 4.et -,ha;ill be -iirit prompltly by the State li-li and :n;ile illi:iirtinein t io t ltie
B iol ogi ca; l .S u rve y .
Si-:'. 4. Proriu.-s rp iirt- :'.,iwiI, force empll'oyed and work done, sll I1,, fur-
nished Ai s ew't ,.-I.te(Il Ly thie Setrietary (r his autlii iiz,,d represeJ!tili\'e.
Si s4lulIllitte(d by or ,il lbelalft of tlie State isl and it :me d(elpartl llint to (lie Biol,-_i,al
Survey wlv ,,i'ver reqlil..ted, to be ttested for suitahility 1 and oforttity \\ith
st a.nL ,1. d "ci hi i .

Regt:lation S.-Rccordls and Cos.t AccouLInting
SI,'i I, N1. Such reCor, I of the c(ost of lands acqui,.i1, imlproVetleni- I,1;lIde
thereon, (coII-1I rilction workl. o()ver'l('ad (o(ists, and of aint(Unenance dote hy or on1
behalf of the State l,11; 11 be kept >-,.!itrrely for eiach pjinevt Iy or under the
direction of the State fish and game department wvl),- sliatll report the aimo11 lut
and nature ,f tlie eXpenditure for these Irp,-',-, upon tlie 'I q'ulest of tlie .,.cre-
tary or hi's authori z,.d reprc,,tntatives.
S4'. 2. The accouiints and records, t(.-..lher witli h ll sul)pportingt ('',.ilt,.ts,
slih al be op"te at all tili,-, to the inspection of the Secretary or ,is auithorized
rel-,,ntatives, and copi.- l.n'o.,f -1iill be furi'nished whenl re(q'l-ted.

Regulation 9.-Payments
S:, :TION 1. No i);irt of the Federal funds set aside on account of alny proj,.i-t
shall be paid until it has been shown to the .'Itisfaction of the S, irtary or his
authoriz,.d repirtn.iitatiwvc< tli;n adeqla;ite means, either advertising or o'l1r
device alipri,,priate for the purpl,-, were employed to insure economy and
efficiency in the expiid(liture of such nmolney.
Sr, 2. Vouciilrs in the forti provided by the Secretary and certified as therein
pr.-'cri,,,,. showing amounts expended on any project and the amtllolult clainied
to be di(e from the Federal Government on account thereof, shall be submitted
by the State lihlc and game diip;irtmient to the Biological Survey, either after
coipletion of the project, or, if the Secretary has determined to make l;iaymietnits
as Hi,, work prlares-,,. at intervals of not ,',s than 1 month.

Regulation 10.-Submission
SF, i !ON 1. Pal,'s-- and documents required by the act or t.-, regulations to
be submitted to the Secretary may be delivered to the Chief of the Bureau of
Bioloric.:il Survey or his authorized repreueiltatives, and from the (late of such
delivery '-hiall be d--enied submitted.

Regulation 11.-Personnel
SECTION 1. The State fish and game (d'l rtment shall minaintain an adequate
and competent force of employees to initiate and carry projects through to
sat i-factory coniihet ion.
SEe. 2. Per-onnel employed by the States from funds apportioned under this
act shall be selected on the basis of coimptency for service to be performed and
sliall conduct their (dutie- in a manner acceptable to the Secretary.

Regulation 12.-Delegation of Authority
S-iioN 1. Thle Chief, or Acting Chief, of the Bureau of Biolo-i.-Al Survey is
herely de-i-rnated as the representative of the Secrettry, to execute, approve
and/or accept in his behalf, preliminary project statements, project agrtei'.ts,
certificates of approval of plaiis, specifications and (-,timaites, and all other doc-
uments hldich may le neceessa;ry or required in the admini:itra:tion of thfie
regulations.


B. S.91]







BUREI'AU OF BIOLOGICAL SURVEY


TEXT OF THE FEDERAL AID TO WILDLIFE RESTORATION ACT
[Approved Sq-ptember 2, 1P:'7T-50 Stat. 917]
An Act To provide that the Unit,.I States shall aid the States in wildlife-restoration
projects, and for other pImiuoses
Bc it cui,'ted by the NS iote aid anod of of Rei' fi Ifati ,.' of the Unitd Stat's
of America ill Coa/r ,.ly ( ass(eNili d, That the Secretary of Agriculture i.- authir-
iz/ed to cooperate with the States, through their respective State i\li. and -:amIle
departments, in wildlife-restoration projects as lier.ia after -et forth: but I no
money apportioned under this Act to any State shall be exilueded tliherein until
its h1 islatire, or other State ai' *,y authorized by the State clln-stitl tion to
make laws governing the con-irvation of wildlife, shall have assented to the
provision of this Act andl shall have lpa-sed laws for the COl.r'\ation of wildlife
which shall include a l)rohibition against the (liver-ion of 1icii.-e fvee- pai ;1 by
hunters for any other purpose, than the administration of .-aid State ifsh and
ga,, i hldepa rtment, except that, until the fin:l a(ldjournment of the first regular
session of the legislature held after the a:--;ige of this Act, the assent of tlhe
Governor of the State shall be sufficient. The Secretary of Agriculture amid the
State fish and- g; lie department of ,each State accepting the 1en;efit.' of this
Act shall a'ree upon the wildlife-restoration projects to be aid(led in such State
under the terms of this Act and all projects shall conform to the standards fixed
by tihe So retary of Agriculture.
SEC. 2. For the purposes of this Act the term "wildlife-re'.-toration project"
shall be construed to mean and include the selection, restoration, rehabilitation,
and improvement of areas of land or water adaptable as feedini, resting. or
breeding places for wildlife, including acquisition by purchase, condemnation,
lea--. or gift of such areas or estates or inter,-.ts therein as are sitiiahile or
cap;lde of being made suitable therefore, and the construction thereon or therein
of such works as iimay be necessary to make them available for such prp,1-,os
and also including such re-w.rc.h into problems of wildlife lii:Ia;gi'fi,'liltt a- minay
be necessary to efficient administration affectilL 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" 1vhll be con-t-rued
to mean anid include any department or division of dela:'teimnt of another name,
or commission, or official or officials, of a State empowered under its laws to
exercise the functions ordinarily exerci'-ld by a State fish and game depai rtniiint.
SEC. 8. An amount equal to the revenue accruiiiug (during the fisc;il yev.1r hidingg
June 30. 1i',, and each fiscal year thereafter, from the tax impti-eud 1)y N-c(tion
610t. title IV, of the Revenue Act of 1u)92 (47 Sta;t. 169). as heretofore or here-
after extended and amended, on lfirearmns, shell-, and cartrida'e-4, is here.by
authorized to be set apart in the Treasury as a special fund to be knw\ll i;s
"The Federal aid to wildlife-restoration fund" and is here!y authorized to be
appropriated aind made available until expeild'd for the piurp!,,-e" of this Act.
So much of such appropriation alpl)portioned to any State for any fi ::! ytar
as remains unexpended at the clo-, thereof is authorized to be iide avaailale
for expenditure inll that State. until the close of tlhe succeeding fis,.al .v ar. Any
amountt apportioned( to any State under lthe provisions of this Act which is
unexpeiended orm unoblligated at the end of the pilriod during \,!vich it is av:,ilht1l
for expi, iditure on any project is authorized to be made available for ,exl',,idliture
by the Secretary of A'ricunlture in carrying o(ut the provisions of the Mira;tory
Biiird Ci-ervantion Act.
S' 4. S)o lnuc('h. not to exceed 8 per celntumv, of the revenue covered into -:,id
fund in each fiscal year a tlie, S.,.e'rary nof Agriculture nmay estimate to be
nieces.-;ry for lis expen.- in the administration and execution n of tlhi- Act and
tlhe Migi :itory Bird (C'onservation Act shill be deducted for that purpil-,. and
such sum is anuth-hriil to be made available therefore until the exlitr ti,, nof
tlie next succeedilng fiscal yYear. and withi, sixty days after thle el,-, of such
fi-,.il year tlie S,.r',t; of Agri'cultiiure shall applortion such 1,part thereof as
rei,: i ns unheXpedl(ed by lhim. if any. andl make certificate thereof to the Sr5't.eary
of tibe Treasiury and111 t lie Slate i11fi1 ;,,1 game d.'rtments on til' sae Iluasis
ntid in tie same in.111e'r :s is pnr6vidd as to o(,ther amounts authoriz.,d by this
\(Act to lie ak,|,"rtion]ed am(,g the Stlates for such( current fisc.ll year. Tlhe
Secretary o)If Agricuhltur(e. after makig the aforesaid (ldeduction1 l sa:ll appo r-
tion tl. ,tn-ainider of the re.u-iies in said 'fut ,I for each fisa;tl year amoiu the
several States in thle following maunter, that is to sayv. onle-half in the ratio
\l i(hI ti, area of each State bears to tihe total area of all the States antid ,ill-


[S. R. A.







B. S.91I FI'DERAL AID TO WILDLIFE El,,STOItRATION 5

half in the ratio which the number of paid hulnting-lic.ii-b holdders of eaclh Slate
in the prect'dilig li<.:ll year. as certilil-l to said Sb.ri.ary l iy tle Stat fish
and ga-n.1 d1pa,;rtmlents, b ars to the total tlllnumber (f paiiid huntliinig-li ceniseh lders
of all the Stabte- : Providcd, That thle apportiiiiiienlt for ally one State shall 11t
vxeeld the sum of $150,(0X) annually : P'roridcd fur/iht'r, That where lthe appor-
tionment to aniy State under this ,"J. iln is less than 15,00'(at ailiaually, the
Secretary of Akriculture iiay allocate not more than .15,0ii ) of s;aidi fund to said
St:ite to (c:irry out the ,ilti('-'o. (if this Act when said State cerltifics to t he
Secretary of Agriculture thiat it has set aside lo)t less thhali) ;,1.lii froi its fish
and game fills or hIas l1iide, through its legislature, an alprpipriation in lhis
olliullllt, for said purp-'-.
SEC. 5. Within sixty days after the atppliroval of this Act lthe Secretarvy of
Agriculture shall certify to the S,.r' tary of the Treasury and to each State
fish and game department tlie sum which hlie hlias estimated to be dedli.ited for
administeringg and executing this Act and the M oratory Bird Co'iservation A(ct
and the suii which he has appl)I)ortioned to each State for the fiscal year endiiig
June 30, 1939, anid on or before February 20i next preceding (he co(miniencemenit
of ve;ih succeeding fi-.;cal year s-hall make like certificates for such li-i a1 year.
Any State desiring to avail it-elf of tlie benefits o(f this Act shiall linitify tlie
Secretary of Agriculture to this effect within sixty days after it lihas received
the certifiritimn referred to iin this section. Tin. sum app(irtion(ed to aniy State
which fails to notify the Secretary o()f Agriculture as herein provided is author-
iz.d to te made aviilli le for expenditure by the Sri.tary ()f Agriculture in
carrying ig out thie provisions o()f the Migratory Bird Conservation Act.
Si:c. 6. Any State desiring to avail itself of the benefits of this Act shall by
its State fish and game department submit to the S',,-n',tary of Agricultune full
aind detailed statements of any wildlife-restoration project proposed for that
State. If the Secretary of Agriculture finds that such project meets with the
standards set up by him and approves said project, the State fish and game de-
partment sliall furnish to hilim such surveys, plans. sl)ecifications, and estimates
therefore as he may require: Prorided, Iorr'cr, Tihat the Seretary of Agriculture
slmi:Ill approve onIly such projects as may be substantial in .cii;iracter and design
and the expenditure o(f funds hereby authorized shall be applied only to such
approved irojec(ts and if otherwise applied they shall be replaced by the State
before it imay participate in any further apportionment under this Act. Item'ns
included for engineerin-g., insi)ection, and unforeseen conttinglencie ii connection
with any works t(- be constructed shliall not exceed 1(0 per centumi of the cost of
such works and shall be laid by the Staite as a p;irt of its cmitributimon 1 the
total ci,-t of such works. If the Secretary of Agriculture approves the plains,
specification.s, and estimates f)or the project, he sliall notify tlhe State fih alind
,,ille department and immediately certify tihe fact to lthe Se.ir.tary of the
Treasury. Tihe, S.critary of the Treasury shall thereupon s i t asi(le so m.1ch of
said fund as represents the shamre o()f the UInited States payable under this Act
(on account of such project, which sum lso set aside shall not exceed 75l per ce-ttulm
of the total estimated cost thereof. No payment of aniy iimoney apportiofned
under this Act shall be made on any project until such statement of thie 1pro.i-,t
and the plans. specifications, and estimates thereof shall l;yve been submitted
to and approved by the Secretary of Agriculture.
Siv,. 7. When the Secretary o(f Agriculture shall find that any pr ijpt approved
by him has tbeen completed o()r, if involving research rel;iting to( wildlife, is being
con(lucted, illn c.mipliance with said plans and(l i-ec1,icatioii he shliall cause to
be paid to the proper authority of said State the amount set aside for said
project: Prjoid(ed, That the Secretary of A.'-ri.'-Illture n;tly, in his discret!iln,
from time to time. make paymentss on said project as the same rii:-.'sses lbut
th- playlienlts, including previouss p)aylmellts. if alny, sliall not le lllmre thami tlhe
United States' pro-rata share of the pl'rject in confiimiity with said plans alnd
sp)ecificatiions. Any i con'truction work and lhibor in each State shall be per-
formed in accordance with its laws and under the direct supervision( of tlhe
State fish and '-:ie department, subject to the inspection and approval of the
Si,,itary of Agriculture and in accordance with rub- anid regulations made
pursuant to tils Act. The S',retary of Agriculturie aind thlie State fisli and
:;iiie delpairtnielt of each State may jointly de ermine ait what times and in
what iamliounts payments, ias w,.rk proresses, sli;all lbe made under this Act.
Such "1,,iii1ts shall be made by the S,,ir'tary of tlie Treasury, on warrants
drawn by the Sni-'tary of Agriculture against the -;iid fund to such official or


Tb V n I I


I --- A I -- -1 I I







BURI-:.\AU OF BIOLOGICAL SURVEY


offirihilS. or depisitory, as ainy be designated by the State fish and game depart-
ment and authorized under tlhe laws of the State to receive publlic funds of
the St;ate.
S-.<. -. To maintain wildlife-restoration projects e-taldished under the provi-
sion-, of tli- Act l-h.ill be the duty If the States atc.,rding to their respective laws.
Si1 c 9. Out of the dediv itiol- "-It i li fi,* a-tin liii-t.ring and exet'i-iitin-i this
Act ;ind the Mii.r.-atory Bird ConlTLrvltiin Act. the Sicretairy of A,..riculture is
authori,.n.d to employ such a i-t;iiits, cerki. antd other lr-mi' Wailiiigton and elsewhere, to be taken friiiiii the e!i.iNo lists ,'tf tle, Civil Str'vice ;
to rent o)r ci',ii-trth t buildiii-- outside of the city of Wa--hiii:tn ; to purdiase
siir1i supplies. materials, eqniilyi',nt, office tixtilir,., a8d a( p.'iratus; mnd to incur
such travel and other expeii--, iiicliiliiig purli;i-. mnainti.l.nce. aind hire of
I;I sciLer-,.i rrying motor vlilid.., as lie Iiay dvtin ii.ut-:Lary for carrying out
the purpi'i.'. of this Act.
Si.'. 10. Tli,, S,',r.tary of Acrri.c'flture is auth,'rizedil to make rules and reg-
ulations for carrying out the provisions of this A't.
Sii. 11. The St rotary of Agriculture shall make an annual report to the
Ci-r.-,n of the sum -,,t apart in "'The Fedi.r;il aid to wildlif,-r.-toratii, fund",
giving detailed information as to the projects and exlndlitures lIerefir.


U. S. GOVERNMENT PRINTING OFFICE: S1938


[S. R. A.-B. S. 911











































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