Requirements and restrictions concerning use of amounts for expenses for administration

16 U.S.C. § 669h
in effect
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(a) Authorized expenses for administrationExcept as provided in subsection (b), the Secretary of the Interior may use available amounts under section 669c(a)(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 for the work hours of each employee spent directly administering this chapter, as those hours are certified by the supervisor of the employee; (2) support costs directly associated with personnel costs authorized under paragraph (1), 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; (3) costs of determining under section 669e(a) of this title whether State comprehensive plans and projects are substantial in character and design; (4) 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 employee authorized under paragraph (1) 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; (5) 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 669e of this title by each State fish and game department; (6) costs of audits under subsection (d); (7) costs of necessary training of Federal and State personnel who administer this chapter to improve administration of this chapter; (8) costs of travel to States, territories, and Canada by personnel who—(A) administer this chapter for purposes directly related to administration of State programs or projects; or (B) administer grants under section 669e, 669h–1, or 669h–2 of this title; (9) costs of travel outside the United States (except travel to Canada), by personnel who administer this chapter, 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; (10) relocation expenses for personnel who, after relocation, will administer this chapter on a full-time or part-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, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this chapter may not exceed the percentage of the work hours of the employee that are spent administering this chapter; and (11) costs to audit, evaluate, approve, disapprove, and advise concerning grants under sections 669e, 669h–1, and 669h–2 of this title. (b) Reporting of other uses(1) In generalSubject to paragraph (2), if the Secretary of the Interior determines that available amounts under section 669c(a)(1) of this title 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 amountFor 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 appropriationsThe Secretary of the Interior shall not use available amounts 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 generalThe 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 generalAn audit under this subsection shall be performed under a contract that is awarded under competitive procedures (as defined in section 132 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 auditorThe 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 CongressThe 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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