Pub. L. 106-408, tit. I, subtit. B, sec. 121

EXPENSES FOR ADMINISTRATION.

EnactedYear: 2000Length: 1,408 wordsOfficial source
SEC. 121. EXPENSES FOR ADMINISTRATION. (a) Set-Aside for Expenses for Administration of the Dingell-Johnson Sport Fish Restoration Act.—Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended by striking subsection (d) and inserting the following: “(d) Set-Aside for Expenses for Administration of the Dingell-Johnson Sport Fish Restoration Act.— “(1) In general.— “(A) Set-aside.—For fiscal year 2001 and each fiscal year thereafter, of the balance of each such annual appropriation remaining after the distribution and use under subsections (a), (b), and (c) and section 14, 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 Act, in accordance with this subsection and section 9. “(B) Available amounts.—The available amount referred to in subparagraph (A) is— “(i) for each of fiscal years 2001 and 2002, $9,000,000; “(ii) for fiscal year 2003, $8,212,000; and 114 STAT. 1770 “(iii) for fiscal year 2004 and each fiscal year thereafter, the sum of— “(I) the available amount for the preceding fiscal year; and “(II) the amount determined by multiplying— “(aa) the available amount for the preceding fiscal year; and “(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. “(2) Period of availability; apportionment of unobligated amounts.— “(A) Period of availability.—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 fiscal year. “(B) Apportionment of unobligated amounts.—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 remains unobligated at the end of the fiscal year, on the same basis and in the same manner as other amounts made available under this Act are apportioned among the States under subsection (e) for the fiscal year”. (b) Requirements and Restrictions Concerning Use of Amounts for Expenses for Administration.—Section 9 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h) is amended to read as follows: “SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION. “(a) Authorized Expenses for Administration.—Except as provided in subsection (b), the Secretary of the Interior may use available amounts under section 4(d)(1) only for expenses for administration that directly support the implementation of this Act that consist of— “(1) personnel costs of employees who directly administer this Act on a full-time basis; “(2) personnel costs of employees who directly administer this Act on a part-time basis for at least 20 hours each week, not to exceed the portion of those costs incurred with respect to the work hours of the employee during which the employee directly administers this Act, as those hours are certified by the supervisor of the employee; “(3) support costs directly associated with personnel costs authorized under paragraphs (1) and (2), excluding costs associated with staffing and operation of regional offices of the United States Fish and Wildlife Service and the Department of the Interior other than for the purposes of this Act; “(4) costs of determining under section 6(a) whether State comprehensive plans and projects are substantial in character and design; “(5) overhead costs, including the costs of general administrative services, that are directly attributable to administration of this Act and are based on— 114 STAT. 1771 “(A) actual costs, as determined by a direct cost allocation methodology approved by the Director of the Office of Management and Budget for use by Federal agencies; and “(B) in the case of costs that are not determinable under subparagraph (A), an amount per full-time equivalent employee authorized under paragraphs (1) and (2) that does not exceed the amount charged or assessed for costs per full-time equivalent employee for any other division or program of the United States Fish and Wildlife Service; “(6) costs incurred in auditing, every 5 years, the wildlife and sport fish activities of each State fish and game department and the use of funds under section 6 by each State fish and game department; “(7) costs of audits under subsection (d); “(8) costs of necessary training of Federal and State full-time personnel who administer this Act to improve administration of this Act; “(9) costs of travel to States, territories, and Canada by personnel who— “(A) administer this Act on a full-time basis for purposes directly related to administration of State programs or projects; or “(B) administer grants under section 6 or 14; “(10) costs of travel outside the United States (except travel to Canada), by personnel who administer this Act on a full-time basis, for purposes that directly relate to administration of this Act and that are approved directly by the Assistant Secretary for Fish and Wildlife and Parks; “(11) relocation expenses for personnel who, after relocation, will administer this Act on a full-time basis for at least 1 year, as certified by the Director of the United States Fish and Wildlife Service at the time at which the relocation expenses are incurred; and “(12) costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 6 and 14. “(b) Reporting of Other Uses.— “(1) In general.—Subject to paragraph (2), if the Secretary of the Interior determines that available amounts under section 4(d)(1) should be used for an expense for administration other than an expense for administration described in subsection (a), the Secretary— “(A) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Resources of the House of Representatives a report describing the expense for administration and stating the amount of the expense; and “(B) may use any such available amounts for the expense for administration only after the end of the 30-day period beginning on the date of submission of the report under subparagraph (A). “(2) Maximum amount.—For any fiscal year, the Secretary of the Interior may use under paragraph (1) not more than $25,000. “(c) Restriction on Use To Supplement General Appropriations.—The Secretary of the Interior shall not use available 114 STAT. 1772amounts under subsection (b) to supplement the funding of any function for which general appropriations are made for the United States Fish and Wildlife Service or any other entity of the Department of the Interior. “(d) Audit Requirement.— “(1) In general.—The Inspector General of the Department of the Interior shall procure the performance of biennial audits, in accordance with generally accepted accounting principles, of expenditures and obligations of amounts used by the Secretary of the Interior for expenses for administration incurred in implementation of this Act. “(2) Auditor.— “(A) In general.—An audit under this subsection shall be performed under a contract that is awarded under competitive procedures (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) by a person or entity that is not associated in any way with the Department of the Interior (except by way of a contract for the performance of an audit or other review). “(B) Supervision of auditor.—The auditor selected under subparagraph (A) shall report to, and be supervised by, the Inspector General of the Department of the Interior, except that the auditor shall submit a copy of the biennial audit findings to the Secretary of the Interior at the time at which the findings are submitted to the Inspector General of the Department of the Interior. “(3) Report to congress.—The Inspector General of the Department of the Interior shall promptly submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate— “(A) a report on the results of each audit under this subsection; and “(B) a copy of each audit under this subsection.”. (c) Expenses for Administration of Certain Programs.—Section 4 of the Dingell-Johns on Sport Fish Restoration Act (16 U.S.C. 777c) is amended by adding at the end the following: “(g) Expenses for Administration of Certain Programs.— “(1) In general.—For each fiscal year, of the amounts appropriated under section 3, the Secretary of the Interior shall use only funds authorized for use under subsections (a), (b)(3)(A), (b)(3)(B), and (c) to pay the expenses for administration incurred in carrying out the provisions of law referred to in those subsections, respectively. “(2) Maximum amount.—For each fiscal year, the Secretary of the Interior may use not more than $900,000 in accordance with paragraph (1).”.
Pub. L. 106-408, tit. I, subtit. B, sec. 121: EXPENSES FOR ADMINISTRATION. | Justis AI