S R. A — H S 'II "WW . tesi Department of Agriculture SERVICE AN :d b] O3IT0RY [88Ued iugusl L938 BUREAU Of BIOLOGICAL SURVEY EGULATORY ANNOl NCEMEMS REGULATIONS FOR CARRYING OUT THE FEDERAL AID TO WILDLIFE RESTORATION ACT AND TEXT OF THE LAW CONTENTS Regulatioi s for carrying out the Federal Aid to Wildlife Restoration Act- Text Of tin Federal Aid to Wildlife Restoration Act Page 1 4 REGULATIONS FOR CARRYING OUT THE FEDERAL AID TO WILDLIFE RESTORATION ACT [Approved by the Secretary of Agriculture, July 12, 1938-3 F. R. 1713] Regulation 1. — Definitions Section 1. For the purposes of these regulations, the following terms shall be construed, respectively, to mean : Act. — The act of Congress 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 purposes" (50 Stat. 917), commonly referred to as the Pittman- kobertson Act. Secretary. — The Secretary of Agriculture of the United States. Biological Survey. — The Bureau of Biological Survey of the United States Department of Agriculture. Authorized representatives of the Secretary. — The Chief of the Bureau of Biological Survey, or such other officials and employees thereof as he may designate from time to time. State fish and game department. — Any department or division of the depart- ment of another name or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department. Wildlife restoration project. — The selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breed- ing places for wildlife, including research into problems of wildlife management. Ten-percent fund. — Items for engineering, inspection, and unforeseen contin- gencies not exceeding 10 percent of the total estimated cost .of any works to be constructed under the provisions of this act. Preliminary and incidental costs. — Necessary expenses incurred in and about approved projects covered by project agreements, including salaries, subsistence. and travel of personnel; preparation of plans, specifications, and estimates; sur- veys and conduct of examinations and negotiations for lands. Regulation 2. — Information for the Secretary Section 1. Before any agreement is made covering any project to be under- taken in a State, there shall be furnished to the Secretary upon his request, by or on behalf of the State, general information regarding the laws affecting wildlife conservation and the authority of the State and of local officials in ref- 85301—38 2 BUREAU OF BIOLOGICAL SURVEY [S. R.A. erence to the establishment and maintenance 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 he 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. Sec. 2. The Secretary or his authorized representatives will, from time to time, request information from the State fish and game departments relative to the maintenance of wildlife-restoration projects initiated under the provisions of the act. Seo. 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 fundamental 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. Sec. 2. If a contract be awarded to any other than 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 made 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. B.S.91] FEDERAL AID TO WILDLIFE RESTORATION 3 Sex?. 2. The supervision of each project by the State fish and game department shall include adequate and continuous Inspection throughout Sec. .'!. Written notice of commencemenl and completion of work <»n any project shall be given promptly by the state lish and game department t<> the Biological Survey. Sac. 4. Progress reports showing force employed and work d< shall be fur- nished as requested by the Secretary or Ins authorized representativ< Sec. 5. Suitable samples of materials to be used in construction work shall be submitted by or on behalf of the state fish and game department to the Biological Survey whenever requested, to be tested for suitability and conformity with standard specifications. Regulation 8. — Records and Cost Accounting Section 1. Such records of the cost of lands acquired, Improvements made thereon, construction work, overhead costs, and of maintenance done by or on behalf of the State shall be kept separately for each project by or under the direction of the State fish and game department who shall reporl the amount and nature of the expenditure for these purposes, upon the requesl of the Secre- tary or his authorized representatives. Sec. 2. The accounts and records, together with all supporting documents, shall be open at all times to the inspection of the Secretary or his authorized representatives, and copies thereof Shall he furnished when requested. Regulation 9. — Payments Section 1. No part of the Federal funds set aside on account of any project shall he paid until it has been shown to the satisfaction of the Secretary or his authorized representatives thai adequate means, either advertising or other devices appropriate for the purpose, were employed to insure economy and efficiency in the expenditure of such money. Sec. 2. Vouchers in the form provided by the Secretary ami certified as therein prescribed, showing amounts expended on any project and the amount claimed to he due from the Federal Government on account thereof, shall he submitted by the State fish and game department to the Biological Survey, either after completion of the project, or. if the Secretary has determined to make payments as the work progresses, at intervals of not less than 1 month. Regulation 10.— Submission HON 1. Tapers and documents required by the act or these regulations to he submitted to the Secretary may he delivered to the Chief of the Bureau of Biological Survey or his authorized representatives, and from the date of such delivery shall be deemed submitted. Regulation 11. — Personnel Section 1. The State fish and game department shall maintain an adequate and competent force of employees to initiate and carry projects through to satisfactory completion. Sec. 2. Personnel employed by the States from funds apportioned under this act shall be selected on the basis of competency for services to be performed and shall conduct their duties in a manner acceptable to the Secretary. Regulation 12.— Delegation of Authority Section 1. The Chief, or Acting Chief, of the Bureau of Biological Survey is hereby designated as the representative of the Secretary, to execute, approve and/or accept in his behalf, preliminary project statements, project agreements, certificates of approval of plans, specifications and estimates, and all other doc- uments which may be necessary or required in the administration of these regulations. 4 BUREAU OF BIOLOGICAL SURVEY [S.R.A. TEXT OF THE FEDERAL AID TO WILDLIFE RESTORATION ACT [Approved September 2, 1937 50 star. 917] An A.i To provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes y>'« It enacted by the SenaU and House of Representatives oj the United states of Aim lien in Congress assembled, That the Secretary of Agriculture is author- ized to cooperate with the States, through their respective State tish and game departments, in wildlife-restoration projects as hereinafter set forth: hut no money apportioned under this Act to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this Act and .-hall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid hy hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after the passage of this Act. the assent of the Governor of the State shall he sufficient. The Secretary of Agriculture and the State fish and game department of each State accepting the benefits of this Act shall agree upon the wildlife-restoration projects to he aided in such State under the terms of this Act and all projects shall conform to the standards fixed by the Secretary of Agriculture. Seo. 2. For the purposes of this Act the term '"wildlife-restoration project" shall he construed to mean and include the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition hy purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting 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" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department. Seo. •"». An amount equal to the revenue accruing during the fiscal year ending June 30, 1939, and each fiscal year thereafter, from the tax imposed by section 610, title IV, of the Revenue Act of 1982 (47 Stat. 109). as heretofore or here- after extended and amended, on firearms, shells, and cartridges, is hereby authorized to be set apart in the Treasury as a special fund to be known as "The Federal aid to wildlife-restoration fund** and is hereby authorized to be appropriated and made available until expended for the purposes of this Act. So much of such appropriation apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State, until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this Act winch is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of Agriculture in carrying out the provisions of the Migratory Bird Conservation Act. 4. So much, not to exceed 8 per centum, of the revenue covered into said fund in each fiscal year as the Secretary of Agriculture may estimate to be ary for Ins expenses in the administration and execution of this Act 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 Agriculture shall apportion such part thereof as remains unexpended by him. if any. and make certificate thereof to the Secretary of the Treasury and to tin 1 State fish and game departments on the same basis and in the same manner :;< "-- provided as to other amounts authorized by tins Act to he apportioned among the States for such current fiscal year. The Secretary of Agriculture, after making the aforesaid deduction, shall appor- tion the remainder of the revenues in said fund for each fiscal year among the several States in the following manner, that i< to say, one-half in the ratio Which the area of each State bears to the total area of all the States and one- B. S.91] FEDERAL AID TO WILDLIFE RESTORATION 5 half in the ratio which the number of paid hunting-license holders of each State in the preceding fiscal year, as certified to said Secretary by the State lish and game departments, hear- to the total number of paid bunting-license holders of all the states: Provided, That the apportionment for any one state shall not exceed the sum of $150,000 annually: Provided further, Thai where the appor- tionment to any State under this section is less than $15,000 annually, the Secretary of Agriculture nia.\ allocate not more than si.".. (inn of -aid fund to said State to carry out the purposes of this Act When said State certifies to the Secretary of Agriculture that it has set aside not less than $5,000 from its fish and game funds or has made, through its legislature, an appropriation in this amount, for said purposes. si . 5. Within sixty day- after the approval of this Act the Secretary of Agriculture shall certify to the Secretary of the Treasury and to each State lish and game department the sum which he has estimated to he deducted for administering and executing this Act and the Migratory Bird Conservation Act and the sum which he has apportioned to each State for the fiscal year ending June 3<). l ( .i;-} ( .>. and on or before February U<> next preceding the commencement of each succeeding fiscal year shall make like certificates for such fiscal year. Any State desiring to avail itself of the benefits of this Act shall notify the Secretary of Agriculture to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of Agriculture as herein provided is author- ized to he made available for expenditure by the Secretary of Agriculture in carrying out the provisions of the Migratory Bird Conservation Act. Sic. (J. Any State desiring to avail itself of the benefits of this Act shall by its State fish and game department submit to the Secretary of Agriculture full and 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 shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require : Provided, however, That the Secretary of Agriculture shall approve only such projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved projects and if otherwise applied they shall he replaced by the State before it may participate in any further apportionment under this Act. Items included for engineering, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cosl of such works and shall be paid by the State as a part of its contribution to the total cost of such works. If the Secretary of Agriculture approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately certify the fact to the Secretary of the Treasury- The Secretary of the Treasury shall thereupon set aside so much of said fund as represents the share of the United States payable under this Act on account of such project, which sum so set aside shall not exceed 7." per centum of the total estimated cost thereof. No payment of any money apportioned under this Act shall he made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have heen submitted to and approved by the Secretary of Agriculture. Sic 7. When the Secretary of Agriculture shall find that any project approved by him has heen completed or. if involving research relating to wildlife, is being conducted, in compliance with said plans and specifications, he shall cause to he paid to the proper authority of said State the amount set aside for said project: Provided, That the Secretary of Agriculture may. in his discretion, from time to time, make payments on said project as the same progresses; hut these payments, including previous payments, if any. shall not he more than the United States' pro-rata share of the project in conformity with said plans and specifications. Any construction work and labor in each State shall he per- formed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of Agriculture and in accordance with rules and regulations made pursuant to this Act. The Secretary of Agriculture and the State fish and game department of each State may jointly determine at what times and in what amounts payments, as work progresses, shall he made under this Act. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of Agriculture against the said fund to such official or 5 BUREAU OF BIOLOGICAL SURVEY [S. R. A.— B. S. 91J officials, or depository, as may be designated by the State fish and game depart- ment and authorized under the laws of the State to receive public funds of the State. S S. To maintain wildlife-restoration projects established under the provi- sions of this Act shall be the duty of the States according to their respective laws. Skc. 9. Out of the deductions sel aside for administering and executing this Act and the Migratory Bird Conservation Act. the Secretary of Agriculture is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the Civil Service : to rent or construct buildings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus ; and to incur such travel and other expenses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this Act. Skc. 10. The Secretary of Agriculture is authorized to make rules and reg- ulations for carrying out the provisions of this Act. S . 11. The Secretary of Agriculture shall make an annual report to the Congress of the sum set apart in "The Federal aid to wildlife-restoration fund", giving detailed information as to the projects and expenditures therefor. U. S. GOVERNMENT PRINTING OFFICE: 1938 Digitized by the Internet Archive in 2012 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://archive.org/details/reforcaOOunit UNIVERSITY OF FL ORm* iipniii 3 1262 09218 5395