SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669b-1, 669e of this title.

§ 669b-1. Appropriation of accumulated unappropriated receipts.

There is hereby authorized to be appropriated, out of the Federal aid to wildlife restoration fund established by this chapter, for the 1956 fiscal year and for each fiscal year thereafter, an amount equal to 20 per centum of the accumulated unappropriated receipts in such fund on August 12, 1955, until the accumulated unappropriated receipts in such fund on such date have been appropriated and expended. Funds appropriated under the authority of this section shall be made available to the States in accordance with the provisions of, and under the apportionment formula set forth in, this chapter, and shall be in addition to the funds appropriated under section 669b of this title. (Aug. 12, 1955, ch. 861, § 1, 69 Stat. 698.)

ૐ

CODIFICATION

Section was not enacted as part of act Sept. 2, 1937, ch. 899, 50 Stat. 917, which comprises this chapter.

§ 669c. Apportionment of funds; expenses of Secretary.

(a) So much, not to exceed 8 per centum, of the revenues 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 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 onehalf in the ratio which the number of paid huntinglicense 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 July 1 through the succeeding June 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 1971) from any tax imposed on pistols and revolvers 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. 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.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in subsec. (a), is classified to section 715 et seq. of this title. AMENDMENTS

1970-Pub. L. 91-503 designated existing provisions as subsec. (a) and in subsec. (a) as so designated, substituted "second fiscal year preceding" for "preceding fiscal year" in the provision dealing with the apportionment by the Secretary of the Interior, defined the term "fiscal year", and eliminated 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. TRANSFER OF FUNCTIONS

See note to section 669 of this title.

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 1401-1415 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 sections 669b-1, 669g of this title.

§ 669d. Same; certification to States and Secretary of Treasury; acceptance by States; disposition of funds not accepted.

For each fiscal year, the Secretary of the Interior shall certify to the Secretary of the Treasury and to each State fish and game department the sum which he has estimated to be deducted for administering and executing this chapter and the Migratory Bird Conservation Act and the sum which he has apportioned to each State. Any State desiring to avail itself of the benefits of this chapter shall notify the Secretary of the Interior 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 the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, ch. 889, § 5, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939. 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970, Pub. L. 91503, title I, § 102, 84 Stat. 1098.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in text, is classified to section 715 et seq. of this title.

AMENDMENTS

1970-Pub. L. 91-503 eliminated existing requirement that apportionments be made by February 20 of each year preceding the commencement of the fiscal year in which the funds would be used.

TRANSFER OF FUNCTIONS

See note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669b-1 of this title.

§ 669e. Submission and approval of plans and projects. (a) Setting aside funds.

Any 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) Definition.

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. (c) Costs.

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; Oct. 23, 1970, Pub. L. 91-503, title I, § 102, 84 Stat. 1099.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-503 added 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), eliminated reference to Secretary of 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).

TRANSFER OF FUNCTIONS

See note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 669b-1, 669f of this title.

§ 669f. Payment of funds to States; laws governing construction and labor.

(a) When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to wildlife, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project. The Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States pro rata share of the project in conformity with said plans and specifications. If a State has elected to avail itself of the benefits of this chapter by preparing a comprehensive fish and wildlife plan as provided for under option (1) of subsection (a) of section 669e of this title, and this plan has been approved by the Secretary of the Interior, then the Secretary may, in his discretion, and under such rules and regulations as he may prescribe, advance funds to the State for financing the United States pro rata share agreed upon between the State fish and game department and the Secretary.

(b) Any construction work and labor in each State shall be performed 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 the Interior and in accordance with rules and regulations made pursuant to this chapter. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments shall be made under this chapter. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of the Interior against the said fund to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State. (Sept 2, 1937, ch. 899, § 7, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970, Pub. L. 91-503, title I, § 102, 84 Stat. 1100.)

AMENDMENTS

1970-Pub. L. 91-503 divided existing provisions into subsecs. (a) and (b), permitted advance payments to the States for work which has been adequately defined in a comprehensive fish and wildlife plan, and eliminated reference to progress payments in provision covering joint determination of time and amounts of payments.

TRANSFER OF FUNCTIONS

See note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669b-1 of this title.

§ 669g. Maintenance of projects; expenditures for management of wildlife areas and resources.

(a) Maintenance of wildlife-restoration projects established under the provisions of this chapter shall be the duty of the States in accordance with their respective laws. Beginning July 1, 1945, the term "wildlife-restoration project", as defined in section 669a of this title, shall include maintenance of completed projects. Notwithstanding any other provisions of this chapter, funds apportioned to a State under this chapter may be expended by the State for management (exclusive of law enforcement and public relations) of wildlife areas and resources.

(b) Each State may use the funds apportioned to it under section 669c (b) of this title to pay up to 75 per centum of the costs of a hunter safety program and the construction, operation, and maintenance of public outdoor target ranges, as a part of such program. The non-Federal share of such costs may be derived from license fees paid by hunters, but not from other Federal grant programs. The Secretary shall issue not later than the 120th day after the effective date of this subsection such regulations as he deems advisable relative to the criteria for the establishment of hunter safety programs and public outdoor target ranges under this subsection. (Sept. 2, 1937, ch. 899, § 8, 50 Stat. 919; July 24, 1946, ch. 605, § 2, 60 Stat. 656; Aug. 12, 1955, ch. 861, § 2, 69 Stat. 698; Oct. 23, 1970, Pub. L. 91-503, title I, § 102, 84 Stat. 1100.)

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec. (b), probably means Oct. 23, 1970, the date of approval of Pub L. 91-503 which added subsec. (b).

AMENDMENTS

1970-Pub. L. 91-503 designated existing provisions as subsec. (a) and, in subsec. (a) so designated, eliminated the 25 percent limitation on the use of federal funds for

wildlife restoration projects and the 30 percent limitation on the use of federal funds for the management of wild life areas and resources, and added subsec. (b).

1955-Act Aug. 12, 1955, permitted expenditure of funds for management of wildlife areas and resource. 1946-Act July 24, 1946, added proviso defining "wildlife-restoration project".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669b-1 of this title.

§ 669g-1. Payment of funds to and cooperation with Puerto Rico, Guam, and the Virgin Islands. The Secretary of the Interior is authorized to cooperate with the Secretary of Agriculture of Puerto Rico, the Governor of Guam, and the Governor of the Virgin Islands, in the conduct of wildlife-restoration projects, as defined in section 669a of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, and the Virgin Islands, out of the money available for apportionment under this chapter, such sums as he shall determine, not exceeding for Puerto Rico one-half of 1 per centum, for Guam one-sixth of 1 per centum, and for the Virgin Islands one-sixth of 1 per centum of the total amount apportioned, in any one year, but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in Puerto Rico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, ch. 899, § 8(a), as added Aug. 18, 1941, ch. 367, 55 Stat. 632, and amended Aug. 3, 1950, ch. 523, 64 Stat. 399; July 2, 1956, ch. 489, § 2, 70 Stat. 473; Aug. 1, 1956, ch. 852, § 7, 70 Stat. 908; June 25, 1959, Pub. L. 86-70, § 15, 73 Stat. 143; Oct. 23, 1970, Pub. L. 91-503, title I, § 102, 84 Stat. 1101.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in the text, is classified to section 715 et seq. of this title.

AMENDMENTS

1970-Pub. L. 91-503 substituted "Secretary of Agriculture of Puerto Rico" for "Commissioner of Agriculture and Commerce of Puerto Rico" and substituted maximum limits of apportionment of one half of one percent to Puerto Rico, one sixth of one percent each to the Virgin Islands and Guam, for maximum limit of apportionment of $10,000 for the three govermnents together.

1959-Pub. L. 86-70 eliminated provisions which authorized cooperation with the Alaska Game Commission and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska.

1956-Act Aug. 1, 1956, inserted the Governor of Guam" following "Commissioner of Agriculture and Commerce of Puerto Rico," and "Guam" following "Puerto Rico" where they appeared in the three remaining places.

Act July 2, 1956, eliminated provisions which authorized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, removed the limitation of $25,000 on the amount of funds which could be apportioned to Hawail in any one year, and substituted "Territory of Alaska" for "Territories" in two instances.

1950-Act Aug 2, 1850, increased the funds allocated annually to Alaska and Hewall from $25.000 to 812.000, respectively, to €75,000 and $25,000.

EFFECTIVE DATE OF 1956 AMENDMENT Amentiment of this section by act Jy 2 285£ applicable only with respect to fiscal years beginning after July 2 1956 see section 5 of such act July 2, 1956 set out as a note under section 668a of this title.

INCREASE OF ANNCAL APPORTIONMENTS

Act May 18, 1956. ch. 828 CE VI § 601 70 Stat 169, provided "That the annual apportionments to the Territories of Alaska and Hawaii, and to Puerto Rico and the Virgin Islands authorized by section Ba of the Act of September 2, 1887, as amended this section), may be increased by not to exceed 20 per centum"

BECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6695-1 of this title

€ 669h. Employment of personnel; equipment, etc. Out of the deductions set aside for administering and executing this chapter and the Migratory Bird Conservation Act, the Secretary of the Interior 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 passengercarrying motor vehicles, as he may deem necessary for carrying out the purposes of this chapter.

Sec.

Sept 2 1997, ch. 899. § 9. 50 Stat. 919; 1939 Reorg. Plan No II. § 4.5), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in the ter is classifed to sections 715-715d, 715e, 7151TISK TO 50-75r of this title.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions. transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees by 1950 Reorg. Plan No. 3, §§ 1, 2 ef May 24 1850 15 FR. 3174, 64 Stat. 1262, set out in the Appendix to Tue 5. Government Organization and Expicyees.

See also, Transfer of Punctions note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 669b-1 of this title § 6691. Rules and regulations.

The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this chapter. Sept. 2, 1937, ch. 899, § 10, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 FR. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS
See note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 669b-1 of this title

670a. Wildlife. fish, and game conservation; cooperative plan between Secretary of Defense, Secretary of Interior, and State agencies; permits, fees. 670b. Migratory game birds; permits; fees; Stamp Act and State law requirements.

670c. Public outdoor recreation resources; cooperative plan between Secretary of Defense, Secretary of Interior, and State agencies. 670d. Liability for funds; accounting to Comptroller General.

670e. Applicability to other laws; national forest lands. 6701. Expenditure of funds collected; purposes; au

thorization of appropriations; utilization of services of Secretary of Interior; availability of funds.

§ 670a. Wildlife, fish, and game conservation; cooperative plan between Secretary of Defense, Secretary of Interior, and State agencies; permits; fees. The Secretary of Defense is hereby authorized to carry out a program of planning, development, maintenance and coordination of wildlife, fish and game conservation and rehabilitation in military reservations in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense, the Secretary of Interior and the appropriate State agency designated by the State in which the reservation is located. Such cooperative plan may stipulate the issuance of special State hunting and fishing permits to individuals and require this payment of a nominal fee therefor, which fee shall be utilized for the protection, conservation and management of fish and wildlife, including habitat improvement and

related activities in accordance with the cooperative plan: Provided, That the Commanding Officer of the reservation or persons designated by him are authorized to enforce such special hunting and fishing permits and to collect the fees therefor, acting as agent or agents for the State if the cooperative plan so provides. (Pub. L. 86–797, § 1, Sept. 15, 1960, 74

Stat. 1052.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 670f of this title § 670b. Migratory game birds; permits; fees; Stamp Act and State law requirements.

The Secretary of Defense in cooperation with the Secretary of Interior and the appropriate State agency is authorized to carry out a program for the conservation, restoration and management of migratory game birds on military reservations, including the issuance of special hunting permits and the collection of fees therefor, in accordance with a cooperative plan mutually agreed upon by the Secre tary of Defense, the Secretary of the Interior and the appropriate State agency: Provided, That possession of a special permit for hunting migratory game birds issued pursuant to this chapter shall not relieve the permittee of the requirements of the Migratory Bird Hunting Stamp Act as amended nor of the requirements pertaining to State law set forth

in Public Law 85-337. (Pub. L. 86-797, § 2, Sept. 15, 1960, 74 Stat. 1053.)

REFERENCES IN TEXT

Migratory Bird Hunting Stamp Act, referred to in the text, is classified to sections 718 to 718h of this title. Public Law 85-337, referred to in the text, is classified to section 2671 of Title 10, Armed Forces, section 472 of Title 40, Public Buildings, Property, and Works, and sections 155 to 158 of Title 43, Public Lands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 670f of this title.

§ 670c. Public outdoor recreation resources; cooperative plan between Secretary of Defense, Secretary of Interior, and State agencies.

The Secretary of Defense is also authorized to carry out a program for the development, enhancement, operation, and maintenance of public outdoor recreation resources at military reservations in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense and the Secretary of the Interior, in consultation with the appropriate State agency designated by the State in which such reservations are located. (Pub. L. 86-797, § 3, Sept. 15, 1960, 74 Stat. 1053; Pub. L. 90-465, § 1, Aug. 8, 1968, 82 Stat. 661.)

AMENDMENTS

1968-Pub. L. 90-465 authorized the carrying out of a public outdoor recreation resources program under a cooperative plan between Secretary of Defense, Secretary of Interior, and State agencies, and eliminated former provisions for expenditure of funds collected and purposes therefor, now incorporated in section 670f (a) of this title.

§ 670d. Liability for funds; accounting to Comptroller General.

The Department of Defense is held free from any liability to pay into the Treasury of the United States upon the operation of the program or programs authorized by this chapter any funds which may have been or may hereafter be collected, received or expended pursuant to, and for the purposes of, this chapter, and which collections, receipts and expenditures have been properly accounted for to the Comptroller General of the United States. (Pub. L. 86-797, § 4, Sept. 15, 1960, 74 Stat. 1053.)

§ 670e. Applicability to other laws; national forest lands.

Nothing herein contained shall be construed to modify, amend or repeal any provision of Public Law 85-337, nor as applying to national forest lands administered pursuant to the provisions of section 9 of the Act of June 7, 1924 (43 Stat. 655), nor section 315m of Title 43. (Pub. L. 86--797, § 5, Sept. 15, 1960, 74 Stat. 1053.)

REFERENCES IN TEXT

Public Law 85-337, referred to in the text, is classified to section 2671 of Title 10, Armed Forces, section 472 of Title 40, Public Buildings, Property, and Works, and sections 155 to 158 of Title 43, Public Lands.

Section 9 of the Act of June 7, 1924, referred to in the text, is classified to sections 471, 499, and 505 of this title.

$670f. Expenditure of funds collected; purposes; authorization of appropriations; utilization of services of Secretary of Interior; availability of funds. (a) The Secretary of Defense shall expend such funds as may be collected in accordance with the

cooperative plans agreed to under sections 670a and 670b of this title and for no other purpose.

(b) There is also authorized to be appropriated to the Secretary of Defense not to exceed $500,000 per fiscal year for the fiscal years beginning July 1, 1969, July 1, 1970, and July 1, 1971, to carry out this chapter, including the enhancement of fish and wildlife habitat and the development of public recreation and other facilities. The Secretary of Defense shall, to the greatest extent practicable, enter into agreements to utilize the services, personnel, equipment, and facilities, with or without reimbursement, of the Secretary of the Interior in carrying out the provisions of this chapter. Sums authorized to be appropriated under this chapter shall be available until expended. (Pub. L. 86-797, § 6, as added Pub. L. 90-465, § 2, Aug. 8, 1968, 82 Stat. 661.)

§ 2668. Easements for rights-of-way.

(a) If the Secretary of a military department finds that it will not be against the public interest, he may grant, upon such terms as he considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under his control, to a State, Territory, Commonwealth, or possession, or political subdivision thereof, or to a citizen, association, partnership, or corporation of a State, Territory, Commonwealth, or possession, for

(1) railroad tracks; (2) oil pipe lines;

(3) substations for electric power transmission lines, telephone lines, and telegraph lines, and pumping stations for gas, water, sewer, and oil pipe lines;

(4) canals; (5) ditches; (6) flumes;

(7) tunnels;

(8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;

(9) roads and streets; and

(10) any other purpose that he considers advisable, except a purpose covered by section 2669 of this title or by section 961 of title 43.

(b) No easement granted under this section may include more land than is necessary for the easement.

(c) The Secretary of the military department concerned may terminate all or part of any easement granted under this section for

(1) failure to comply with the terms of the grant;

(2) nonuse for a two-year period; or
(3) abandonment.

(d) Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior. (Aug. 10, 1956, ch. 1041, 70A Stat. 150.)