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U.S. Code as of:
01/19/04
Section 777h. Requirements and restrictions concerning use of amounts for expenses for administration
(a) Authorized expenses for administration
Except as provided in subsection (b) of this section, the
Secretary of the Interior may use available amounts under section
777c(d)(1) of this title only for expenses for administration that
directly support the implementation of this chapter that consist of
-
(1) personnel costs of employees who directly administer this
chapter on a full-time basis;
(2) personnel costs of employees who directly administer this
chapter 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 chapter, 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 chapter;
(4) costs of determining under section 777e(a) of this title
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 chapter and are based on -
(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 777e of this title by each State
fish and game department;
(7) costs of audits under subsection (d) of this section;
(8) costs of necessary training of Federal and State full-time
personnel who administer this chapter to improve administration
of this chapter;
(9) costs of travel to States, territories, and Canada by
personnel who -
(A) administer this chapter on a full-time basis for purposes
directly related to administration of State programs or
projects; or
(B) administer grants under section 777e or 777m of this
title;
(10) costs of travel outside the United States (except travel
to Canada), by personnel who administer this chapter on a
full-time basis, for purposes that directly relate to
administration of this chapter 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 chapter 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 777e and 777m of this title.
(b) Reporting of other uses
(1) In general
Subject to paragraph (2), if the Secretary of the Interior
determines that available amounts under section 777c(d)(1) of
this title should be used for an expense for administration other
than an expense for administration described in subsection (a) of
this section, 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 amounts
under subsection (b) of this section 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
chapter.
(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 403 of title 41) 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.
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