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147.11:3 

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UNITED STATES DEPARTMENT OF THE INTERIOR 

~ - BUREAU OF BIOLOGICAL SURVEY 

Wildlife Circular Issued April 1940 

FEDERAL AID IN WILDLIFE RESTORATIO 

GENERAL INFORMATION 

By ALBERT M. DAY 

Chief, Division of Federal Aid in Wildlife Restoratio 

Bureau of Biological Survey 

Purpose of the restoration program __________ _ 

How States may qualify to participate __ _ Source of revenue __ ______________________ _ 

Types of suitable projects __ _________________ _ 

Maintenance of projects __ ______________ _ _ 

Ownership and administration of restored 

units __ __ ________ -- ---------------------

Projects not r.ontemplated by the act_ _______ _ 

Improvements on private lands ___ _______ _ 

Nurseries and game farms ____ ______ _____ _ 

Method of allocating funds to the States __ ___ _ 

Period of availability of funds ___________ _ 

CONTENTS 

Page 

1 Method of !lllocatlng funds-Continued. 

2 Disposition of unused funds _____________ _ 

3 Payments to States only __ ______ ___ ___ ____ _ 

3 Project initiation and accomplishment pro4 cedure __________________ ____ ----------------

Preliminary or incidental costs __ _________ _ 

4 Employment of competent personneL ____ _ 

4 Text of Federal law and regulations __________ _ _ 

4 Federal Aid to Wildlife Restoration Act__ 

4 

4 

5 

Regulations for carrying out the Federal 

Aid to Wildlife Restoration Act _______ _ 

PURPOSE OF THE RESTORATION PROGRAM 

Page 

5 

5 

·5 

6 

6 

7 

9 

The- upply, _of.~tur~.l _fp_<1d and_,1 cove~ js .~ver qimini hing,,. apd_,-this1 

fact and the menace of drought, floods, soil erosion, the appropriation 

of lands for farming and industrial purposes, and the destruction of 

faunal ha bi tat have threatened the existence of wildlife. The Pittman-Robertson Act (.50 Stat. 917; 16 U. S. C. 699--699j), approved. 

by the Presid ent on September 2, 1937, is therefore one of the most 

beneficial measures adopted in recent years for wildlife conserva~ion, 

and is probably the most constructive one of its kind since the passage 

of the Migratory Bird Treaty Act in 1918. Known also as the Federal Aid to Wildlife Restoration Act, it well rewards the concerted 

efforts of conservation organizations: throughout the United States to 

NoTE.,This circular supersedes Miscellaneous Publication 350 issued by the U.S. Department of Agriculture in May 1930. (See footnote 1, p. 7.) 

215'):n°- 40 

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2 WILDLIFE CIRCULAR 3 

develop a cooperative Federal-State program to check the depletion 

of one of the Nation's most valuable natural resources. 

Recognizing the fundamental principle that wildlife is inescapably 

linked with the land, the new act provides for the restoration of suitable environment in which wild . birds and mammals niay live and 

multiply. Although the expenditure of funds for carrying out the 

program thus authorized must be limited to bettering conditions for 

wild birds and mammals, fishes also will benefit incidentally through 

the conservation and improvement of water resources. 

The theory behind this act is that the Federal Government can 

contribute materially in a national wildlife-restoration program. The 

States have been unable to cope with the situation because of insufficient funds. Practically their only available financial resources are 

those coming from the sale of hunting licenses-an amount sorely 

inadequate to provide both for necessary protection and for the establishment of wildlife refuges. The increasing interest in outdoor 

recreation owing to the improvement of roads has added to the heavy 

drain on the wildlife resources of the Nation. 

A vast sum is spent annually by hunters and sportsmen for firearms, 

ammunition, guide service, boats, clothing, and subsistence. More 

than 6,500,000 hunters purchase licenses from the States and pay fees 

of approximately $12,000,000 a year for the privilege of hunting. In 

add~tion to the sporting appeal, however, nature lovers and others 

who do not care to hunt find a great esthetic value in a reasonable 

abundance of wild mammals and birds and also spend their share in 

transportation, photographic and camping/ equipment, services, and 

subsistence. The act is designed so to resto~e natural conditions that 

wild birds and mammals. can live and reproduce normally, thus perpetuating human enjoyment of their presence and providing an annual 

surplus to be harvested by hunting. 

Under the terms of the act, the United States may pay 75 percent 

of the cost of work performed on approved projects concerned with 

the purchase and development of lands, the restoration of natural environment, and the carrying on of research into problems of wildlife 

management. By this means, it is hoped that the efforts of all the 

States can be better correlated, that emphasis can be placed on .the 

acquisition and development of lands for restoring natural conditions 

and for undertaking investigations and surveys to solve pressing 

wildlife management problems. 

HOW STATES MAY QUALIFY TO PARTICIPATE 

In order that a State may qualify to receive the benefits of Federal 

aid in wildlife restoration, its legislature must assent to the provisions of the Pittman-Robertson Actand shall have passed laws for the conservation of wildlife which shall include 
FEDERAL AID IN WILDLIFE RESTORATION 3 

a prohibition against the diversion of license fees paid by hunters for any other 

purpose than the administration of said State fish and game department. 

State laws providing for general cooperation with Federal agencies 

are not adequate to meet the requirements. Each State must specifically assent to this act. 

SOURCE OF REVENUE 

Under the terms of the act an amount equal to the revenue accruing 

each fiscal year from the tax imposed on firearms, shells, and cartridges 

is authorized to be set apart in the Treasury in a special account, to 

be known as The Federal Aid to Wildlife Restoration Fund. This 

amount is authorized to be appropriated and made available until 

expended for carrying out the purposes of the act. The annual receipts from this 10-percent excise tax aggregate approximately 

$2,750,000. Pursuant to the provisions of the act, Congress appropriated $1,000,000 for the first fiscal year of operation ending June 

30, 1939, and $1,500,000 for the fiscal year ending June 30, 1940. 

TYPES OF SUIT ABLE PROJECTS 

It is a basic requirement that all projects shall be substantial in 

character and design. Depending upon objectives, they will embrace 

activities in three groups, as follows: 

(1) Land purchase.-For the rehabilitation of wildlife. 

(2) Land development.-To make areas more suitable for wild mammals and birds there may be developed either newly acquired lands 

or areas already in public ownership. Development may reasonably 

be interpreted to include any project that would make better wildlife 

management possible, but each .one should center particularly around 

environmental improvement by food and cover planting, water stabilization, or other activities necessary to accomplish the purpose. 

(3) Investigations and surveys.--These will solve pressing wildlife 

management problems that involve unknown factors in management, 

in feeding habits, and in the relationships of the various species to 

each other and to livestock production and farming operations, and 

that are concerned with the innumerable things entering int.o a wildlife-management program. While almost any form of investigation 

of biological problems might have a general bearing upon management practices, the studies undertaken in accordance with this law 

must be limited strictly to those of an applied nature. 

The development of public shooting grounds or controlled hunting 

as a means of harvesting game crops must be a secondary consideration-only incidental to the main purposes of any project. The obvious intent of the act is to use the equivalent of the tax on arms and 

;.iammunition collected from sportsmen to provide better sport for 

hunters, but this must · be through harvesting the surplus and not 
4 WILDLIFE CIRCULAR 3 

merely providing a place where existing stocks of game can be further 

depleted. 

MAINTENANCE OF PROJECTS 

Maintenance of projects is specified by the act to be the duty of the 

States according to their respective laws. It is construed to include 

all routine upkeep, repair, and general expenses incurred in and about 

projects. Project areas may be improved over a period of years 

if so outlined in the approved plans, specifications, and estimates; 

but after these improvements have been completed, subsequent expenditures will be considered as maintenance and will not be chargeable to Federal apportionments. 

OWNERSHIP AND ADMINISTRATION OF RESTORED UNITS 

All areas acquired become the property of the respective States 

and are maintained and administered by them under State laws. A.ll 

structures built and all equipment purchased with these cooperative 

funds incident to the necessary performance of approved work likewise become State property. 

PROJECTS NOT CONTEMPLATED BY THE ACT 

IMPROVEMENTS ON PRIVATE LANDS 

Because of the uncertainty of tenure, no permanent improvements 

are authorized for privately owned lands. Temporary structures, 

fences, trees, shrubs, as well as live birds and other animals may be 

placed on lands under lease or otherwise controlled by the State game 

department, when control is for periods sufficient to insure that the 

improvements will be of material benefit to wildlife. 

NURSERIES AND GAME FARMS 

The establishment of nurseries and game farms as wildlife-restoration projects cannot be approved from Federal apportionments, since 

the purpose of the act is plainly to develop and improve specific units, 

whereas the output from such establishments may be used over wide 

areas not directly controlled or managed by the State for the benefit 

of wildlife. It is possible, however, when the need of such development is evident, for the State game departments to purchase at prices 

established as fair and equitable, shrubs, trees, and other pla.nts and 

seed stock of birds or other animals to place on project areas. 

METHOD OF ALLOCATING FUNDS TO THE ST ATES 

After making deductions for administering the act, apportionments 

of funds are made to the States half in the ratio that the area of each 

State bears to the total area of all the States and half in the ratio 

, that the number of paid hunting-license holders of each State in the 

preceding fiscal year, as certified to the Secretary of the Interior by the 
FEDERAL AID IN WILDLIFE RESTORATION 5 

State fish and game department, bears to the total number of paid 

hunting-license holders of all the States. All licenses defined as hunting licenses by State laws may be counted, with the exception of special licenses issued only after a general license has been purchased, 

since the law specifies "the number of license holders" and not the 

number of individual licenses. 

PERIOD OF AVAILABILITY OF FUNDS 

So much of an appropriation apportioned to any State for any 

fiscal year as remains unexpended at the close thereof can be made 

available for expenditure in that State until the close of the succeeding 

year. For example, funds that became available for expenditure on 

July 1, 1938, could be obligated for work on projects as late as the close 

of June 1940, provided the State was eligible to participate and had 

complied with the requirement of notifying the Secretary of the 

Interior of its desire to do so. · 

DISPOSITION OF UNUSED FUNDS 

If a State is to avail itself of the benefits of the act, it must each 

year notify the Secretary of the Interior of its desire to participate 

within 60 days after receiving the certification of apportionment of 

funds. If a State fails to make such notification, if it declines to participate, or if it fails to expend or obligate its entire apportionment 

within the period for which available, such entire apportionments 

or the unused balances are directed to be made available for expenditure by the Secretary in carrying out the provisions of the Migratory 

Bi~d Conservation Act. Unused funds cannot be apportioned to 

other participating States. 

PAYMENTS TO STAT·ES ONLY 

Pa.yments of Federal funds may be made only to the game department or other authority invested under the laws of the State with 

wildlife-conservation functions. The State thus makes all payments 

for lands, labor, and other expenses and then receives the proper prorata share from the Federal Treasury. No contracts can be made 

between the Department of the Interior and any agency or party 

other than the State game department. 

PROJECT . INITIATION AND ACCOMPLISHMENT PROCEDURE 

When a State desires to avail itself of the benefits of the act, it submits to the Secretary of the Interior a full and detailed statement by 

its game department of . any wildlife-restoration project proposed. 

If, finding that such project meets with the adopted standards, the 

Secretary approves it, the State game department then furnishes 

surveys, plans, specifications, and estimates therefor as ·required. 
6 W lLDLIFE CIRCULAR 3 

When these are approved, a project agreement is entered into between 

the Secretary of the Interior and the State game department. 

As soon as the agreement is executed, the Secretary of the Treasury . 

is requested to set aside the funds necessary to meet the Government's 

share of the project costs from the· sum apportioned to the State. 

When the project is completed, or from time to time as work progresses, reimbursement is claimed by the State for work satisfactorily 

accomplished to the extent of 75 percent of the actual expenditures. 

PRELIV-INARY OR INCIDENTAL COSTS 

The . act authorizes the use of funds for meeting the proportionate 

share of the United States for preliminary or incidental costs of approved projects. It is, however, impossible for the Federal Government to participate in such costs unless the P1:'0jects are finally approved and unless preliminary expenditures were anticipated and 

requested by the State at the time the project was submitted for 

consideration. 

EMPLOYMENT OF COMPETENT PERSONNEL 

The Federal Aid to Wildlife Restoration Act has proved of great 

value to the State game departments in building• a competent force 

of permanent employees to guide their game-restoration programs. 

The Secretary's regulations require that all personnel employed from 

funds apportioned to the States shall be selected on the basis of 

competency for services to be performed and that they shall conduct 

their duties in an acceptable manner. The substantial interest of the 

Federal Government in the program will encourage the development 

and maintenance in each State of a staff of permanent workers qualified by training and experience to carry each project forward in a high 

degree of efficiency. 

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TEXT OF FEDERAL LAW AND REGULATIONS 

FEDERAL AID TO WILDLIFE RESTORATION ACT t 

[Approved September 2, 1937-50 Stat. 91 ; 16 U.S. C. 669-669j] 

An Act To provide that the United States shall aid the States. in wildlife-restoration proJe·cts; and for 

other purposes 

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled, That the Secretary of Agriculture is authorized · to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter set forth; but 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 shall have passed laws for the conservation of wildlife which shall 

include a prohibition against the diversion of license fees paid by J:iunters 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 be 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 be aided in such State under the terms 

of this Act and all projects shall conform to the standards fixed by the Secretary 

of Agriculture. 

SEc. 2. For the purposes of this Act the term "wildlife-restoration project" shall be 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 by 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. 

SEc. 3. 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 1932 (47 Stat. 169), as heretofore or hereafter 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 which 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. 

SEc. 4. So much, not to exceed 8 per centum, of the revenue covered into said 

fund in each fo,cal year as the Secretary of Agriculture may estimate to be 

necessary for his 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 

1 References herein to the Department or the Secretary of Agriculture are automatically made Depart- ment or Secretary of the Interior under the provisions of the Reorganization Act of 1939 (Public, No. 19, 76th Cong.-approved April 3, 1939) and the President's Reorganization Plan No. II, whereby the Bureau 

of Biological Survey was transferred to the Department of the Interior, effective July 1, 1939 (Public Res., 

No. 20, 76th Cong.-approved June 7, 1939). 

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8 WILDLIFE CIRCULAR 3 

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 

Act to be apportioned among the States for such current fiscal year. The 

Secretary of Agriculture, after making the aforesaid deduction, shall apportion 

the remainder of the revenues in said fund for each fiscal year among the several 

States in the following manner, tkat is to say, one-half in the ratio which the area of each State bears to the total area of all the States and one-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 fish and game departments, bears to the total number of paid hunting-license holders of all the States: Provided, 

That the apportionment for any one State shall not exceed the sum of $150,000 

1:1,nnually: Provided f'u.rther, That where the apportionment to any State under this 

section is less than $15,000 annually, the Secretary of Agriculture may allocate 

not more than $15,000 of said 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. 

SEc. 5. Within sixty days after the approval of this Act the Secretary of 

Agriculture· 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 Act and the Migratory Bird Conservation Act 

and the sum which he has apportioned to each State for the fiscal year ending 

June 30, 1939, and on or before February 20 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 authorized to be made available for expenditure by the Secretary of Agriculture in 

carrying out the provisions of the Migratory Bird Conservation Act. 

SEc. 6. 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 fuB 

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 department 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 substantlal 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 be 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 cost 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 gs,me 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 75 per centum of the total 

estimated cost thereof. No payment of any money apportioned under this Act 

shall be made on any project until such statement of the project and the planst 

specifications, and estimates thereof shall have been submitted to and approved 

by the Secretary of Agriculture. 

SEc. 7. When the Secretary of Agriculture 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: 

Provided, That the Secretary of Agriculture 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. 

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 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 
FEDERAL AID IN WILDLIFE RESTORATION 9 

jointly determine at what times and in what amounts payments, as work progresses 

shall be 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 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. 

SEc. 8. To maintain wildlife-restoration projects established under the provisions of this Act sh·all be the duty of the States according to their respective laws. 

SEc. 9. Out of the deductions set 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 passengercarrying motor vehicles, as he may deem necessary for carrying out the purposes 

of this Act. 

SEc. 10. The Secretary of Agriculture is authorized to make rules and regulations for carrying out the provisions of this Act. 

SEc. 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. 

REGULATIONS FOR CARRYING OUT THE FEDERAL AID TO WILDLIFE 

RESTORATION ACT 2 

[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 projects, 

and for other purposes" (50 Stat. 917), commonly referred to as the PittmanRobertson 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 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. 

Wildlife restoration project.--The selection, restoration, rehabilitation, and 

improvement of areas of land or water adaptable as feeding, resting, or breeding 

places for wildlife, including research into problems of wildlife management. 

Ten-percent fund .-Items for engineering, inspection, and unforeseen contingencies 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; 

surveys and conduct of examinations and negotiations for lands. 

REGULATION 2.-JNFORMATION FOR THE SECRETARY 

SECTION 1. Before any agreement is made covering any project to be undertaken 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 reference 

to the establishment and maintenance of wildlife projects; the existing provisions 

of the State constitution or laws relative to revenues for the protection and 

restoration of wildlife; the funds that will be available to meet the State's sh~re 

of the cost of work to be performed and the general source of such funds; J:tnd 

2 For transfer of functions from the Department of Agriculture to the Department of the Interior, see footnote 1, p. 7. 
10 WILDLIFE CIRCULAR 3 

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. 

SEc. 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 

undertaken, which shall contain such fundamental information as the Secretary 

may require, to be submitted on a form supplied by the Biological Survey, to 

determine its suitability for wildlife-restoration purposes. 

REGULATION 4.-SURVEYS, PLANS, SPECIFICATIONS, AND ESTIMATES 

SEC'l'ION 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 estimates 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 preliminary 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 advantageous 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 alteration 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 competitive 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. 

SEc. 2. The supervision of each project by the State fish and game department 

shall include adequate and continuous inspection throughout. 

SEc. 3. Written notice of commencement and completion of work on any 

project shall be given promptly by the State fish and game department to the 

Biological Survey. 
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FEDERAL AID IN WILDLIFE RESTORATION 11 

SEC. 4. Progress reports showing force employed and work done, shall be 

furnished as requested by the Secretary or his authorized representatives. 

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 ACCOUN'rING 

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 report the amount 

and nature of the expenditure for these purposes, upon the request of the Secretary 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 be furnished when requested. 

REGULATION 9.-PAYMENTS 

SECTION 1. No. part of the Federa.1 funds set aside on account of any project 

shall be paid until it has been shown to the satisfaction of the Secretary or his 

authorized representatives that 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 and certified as therein 

prescribed, showing amounts expended on any project and the amount claimed 

to be due from the Federal Government on account thereof, shall be 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 

SECTION 1. Papers and documents required by the act or these regulations to 

be submitted to the Secretary may be delivered to the Chief of the Bur·eau 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 unqer 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 

documents which may be necessary or required in the administration of these 

regulations. 

U.S. GOVERNMENT PRINTING OFFICE : 1940 

For sale by the Superintendent of Documents, Washington~ D. C. - - - - Price 5 centi;z 

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