-CITE-
    16 USC CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND
           INSECTIVOROUS BIRDS                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS

-HEAD-
     CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS 


-MISC1-
                         SUBCHAPTER I - GENERALLY                     
    Sec.                                                     
    701.        Game and wild birds; preservation.                    
    702.        Importation of eggs of game birds for propagation.    

                   SUBCHAPTER II - MIGRATORY BIRD TREATY               
    703.        Taking, killing, or possessing migratory birds
                 unlawful.                                            
    704.        Determination as to when and how migratory birds may
                 be taken, killed, or possessed.                      
    705.        Transportation or importation of migratory birds; when
                 unlawful.                                            
    706.        Arrests; search warrants.                             
    707.        Violations and penalties; forfeitures.                
    708.        State or Territorial laws or regulations.             
    709.        Omitted.                                              
    709a.       Authorization of appropriations.                      
    710.        Partial invalidity; short title.                      
    711.        Breeding and sale for food supply.                    
    712.        Treaty and convention implementing regulations;
                 seasonal taking of migratory birds for essential
                 needs of indigenous Alaskans to preserve and maintain
                 stocks of the birds; protection and conservation of
                 the birds.                                           

               SUBCHAPTER III - MIGRATORY BIRD CONSERVATION           
    715.        Short title.                                          
    715a.       Migratory Bird Conservation Commission; creation;
                 composition; duties; approval of areas of land and
                 water recommended for purchase or rental.            
    715b.       Omitted.                                              
    715c.       Areas recommended for approval; character.            
    715d.       Purchase or rental of approved areas or interests
                 therein; gifts and devises; United States lands.     
    715-1 to 715d-3. Repealed or Omitted.                             
    715e.       Examination of title; easements and reservations.     
    715e-1.     Omitted.                                              
    715f.       Consent of State to conveyance in fee.                
    715g.       Jurisdiction of State over areas acquired.            
    715h.       Operation of State game laws.                         
    715i.       Administration.                                       
    715j.       "Migratory birds" defined.                            
    715k.       Authorization of appropriations for purposes of
                 subchapter; disposal; reservation protectors.        
    715k-1.     Expenditures for personal services.                   
    715k-2.     Omitted.                                              
    715k-3.     Authorization of appropriations for the preservation
                 of wetlands and other waterfowl habitat.             
    715k-4.     Accounting and use of appropriations.                 
    715k-5.     Acquisition of lands.                                 
    715l, 715m. Repealed.                                             
    715n.       "Take" defined.                                       
    715o.       National forest and power sites; use for migratory
                 bird reservations.                                   
    715p.       Cooperation of State in enforcement of provisions.    
    715q.       Expenses of commission; authorization of
                 appropriations.                                      
    715r.       Partial invalidity; validity of remainder.            
    715s.       Participation of local governments in revenue from
                 areas administered by the United States Fish and
                 Wildlife Service.                                    

            SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX        
    718.        Repealed.                                             
    718a.       Prohibition on taking.                                
    718b.       Sales; fund disposition; unsold stamps.               
    718b-1.     Disposition of unsold stamps.                         
    718c.       Authorization and exemption.                          
    718d.       Expenditure of funds.                                 
    718e.       Loans and transfers, alteration, and reproduction of
                 stamps.                                              
    718f.       Enforcement.                                          
    718g.       Violations.                                           
    718h.       Cooperation.                                          
    718i.       Use of contest fees.                                  
    718j.       Definitions.                                          
    718k.       Use of fees collected for Federal migratory bird
                 permits.                                             

     SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM 
    719.        Establishment of Program.                             
    719a.       Junior Duck Stamp.                                    
    719b.       Acceptance of gifts, devises, and bequests.           
    719b-1.     Definition of State.                                  
    719c.       Authorization of appropriations.                      

-End-


-CITE-
    16 USC SUBCHAPTER I - GENERALLY                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER I - GENERALLY

-HEAD-
                         SUBCHAPTER I - GENERALLY                     

-End-



-CITE-
    16 USC Sec. 701                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 701. Game and wild birds; preservation

-STATUTE-
      The duties and powers of the Department of the Interior include
    the preservation, distribution, introduction, and restoration of
    game birds and other wild birds. The Secretary of the Interior is
    authorized to adopt such measures as may be necessary to carry out
    the purposes of this Act, and to purchase such game birds and other
    wild birds as may be required therefor, subject, however, to the
    laws of the various States and Territories. The object and purpose
    of this Act is to aid in the restoration of such birds in those
    parts of the United States adapted thereto where the same have
    become scarce or extinct, and also to regulate the introduction of
    American or foreign birds or animals in localities where they have
    not heretofore existed.
      The Secretary of the Interior shall from time to time collect and
    publish useful information as to the propagation, uses, and
    preservation of such birds.
      And the Secretary of the Interior shall make and publish all
    needful rules and regulations for carrying out the purposes of this
    Act, and shall expend for said purposes such sums as Congress may
    appropriate therefor.

-SOURCE-
    (May 25, 1900, ch. 553, Sec. 1, 31 Stat. 187; 1939 Reorg. Plan No.
    II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act May 25, 1900, section 1 of
    which is classified to this section. Sections 2 to 4 of the Act
    were repealed and restated by sections 241 to 244 of the Criminal
    Code of 1909 (approved Mar. 4, 1909, ch. 321) which were classified
    to sections 391 to 394 of former Title 18. Such sections were
    subsequently repealed and reenacted as sections 42 to 44 of Title
    18, Crimes and Criminal Procedure. Section 5 of the Act which was
    classified to section 667e of this title was repealed by Pub. L. 97-
    79, Sec. 9(b)(2), Nov. 16, 1981, 95 Stat. 1079.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
    Government Organization and Employees, transferred functions of
    Secretary of Agriculture relating to conservation of wildlife,
    game, and migratory birds to Secretary of the Interior.


-EXEC-
    EX. ORD. NO. 13186. RESPONSIBILITIES OF FEDERAL AGENCIES TO PROTECT
                              MIGRATORY BIRDS
      Ex. Ord. No. 13186, Jan. 10, 2001, 66 F.R. 3853, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in furtherance of
    the purposes of the migratory bird conventions, the Migratory Bird
    Treaty Act (16 U.S.C. 703-711), the Bald and Golden Eagle
    Protection Acts (16 U.S.C. 668-668d), the Fish and Wildlife
    Coordination Act (16 U.S.C. 661-666c), the Endangered Species Act
    of 1973 (16 U.S.C. 1531-1544), the National Environmental Policy
    Act of 1969 (42 U.S.C. 4321-4347), and other pertinent statutes, it
    is hereby ordered as follows:
      Section 1. Policy. Migratory birds are of great ecological and
    economic value to this country and to other countries. They
    contribute to biological diversity and bring tremendous enjoyment
    to millions of Americans who study, watch, feed, or hunt these
    birds throughout the United States and other countries. The United
    States has recognized the critical importance of this shared
    resource by ratifying international, bilateral conventions for the
    conservation of migratory birds. Such conventions include the
    Convention for the Protection of Migratory Birds with Great Britain
    on behalf of Canada 1916, the Convention for the Protection of
    Migratory Birds and Game Mammals-Mexico 1936, the Convention for
    the Protection of Birds and Their Environment-Japan 1972, and the
    Convention for the Conservation of Migratory Birds and Their
    Environment-Union of Soviet Socialist Republics 1978.
      These migratory bird conventions impose substantive obligations
    on the United States for the conservation of migratory birds and
    their habitats, and through the Migratory Bird Treaty Act (Act),
    the United States has implemented these migratory bird conventions
    with respect to the United States. This Executive Order directs
    executive departments and agencies to take certain actions to
    further implement the Act.
      Sec. 2. Definitions. For purposes of this order:
      (a) "Take" means take as defined in 50 C.F.R. 10.12, and includes
    both "intentional" and "unintentional" take.
      (b) "Intentional take" means take that is the purpose of the
    activity in question.
      (c) "Unintentional take" means take that results from, but is not
    the purpose of, the activity in question.
      (d) "Migratory bird" means any bird listed in 50 C.F.R. 10.13.
      (e) "Migratory bird resources" means migratory birds and the
    habitats upon which they depend.
      (f) "Migratory bird convention" means, collectively, the
    bilateral conventions (with Great Britain/Canada, Mexico, Japan,
    and Russia) for the conservation of migratory bird resources.
      (g) "Federal agency" means an executive department or agency, but
    does not include independent establishments as defined by 5 U.S.C.
    104.
      (h) "Action" means a program, activity, project, official policy
    (such as a rule or regulation), or formal plan directly carried out
    by a Federal agency. Each Federal agency will further define what
    the term "action" means with respect to its own authorities and
    what programs should be included in the agency-specific Memoranda
    of Understanding required by this order. Actions delegated to or
    assumed by nonfederal entities, or carried out by nonfederal
    entities with Federal assistance, are not subject to this order.
    Such actions, however, continue to be subject to the Migratory Bird
    Treaty Act.
      (i) "Species of concern" refers to those species listed in the
    periodic report "Migratory Nongame Birds of Management Concern in
    the United States," priority migratory bird species as documented
    by established plans (such as Bird Conservation Regions in the
    North American Bird Conservation Initiative or Partners in Flight
    physiographic areas), and those species listed in 50 C.F.R. 17.11.
      Sec. 3. Federal Agency Responsibilities. (a) Each Federal agency
    taking actions that have, or are likely to have, a measurable
    negative effect on migratory bird populations is directed to
    develop and implement, within 2 years, a Memorandum of
    Understanding (MOU) with the Fish and Wildlife Service (Service)
    that shall promote the conservation of migratory bird populations.
      (b) In coordination with affected Federal agencies, the Service
    shall develop a schedule for completion of the MOUs within 180 days
    of the date of this order. The schedule shall give priority to
    completing the MOUs with agencies having the most substantive
    impacts on migratory birds.
      (c) Each MOU shall establish protocols for implementation of the
    MOU and for reporting accomplishments. These protocols may be
    incorporated into existing actions; however, the MOU shall
    recognize that the agency may not be able to implement some
    elements of the MOU until such time as the agency has successfully
    included them in each agency's formal planning processes (such as
    revision of agency land management plans, land use compatibility
    guidelines, integrated resource management plans, and fishery
    management plans), including public participation and NEPA
    analysis, as appropriate. This order and the MOUs to be developed
    by the agencies are intended to be implemented when new actions or
    renewal of contracts, permits, delegations, or other third party
    agreements are initiated as well as during the initiation of new,
    or revisions to, land management plans.
      (d) Each MOU shall include an elevation process to resolve any
    dispute between the signatory agencies regarding a particular
    practice or activity.
      (e) Pursuant to its MOU, each agency shall, to the extent
    permitted by law and subject to the availability of appropriations
    and within Administration budgetary limits, and in harmony with
    agency missions:
      (1) support the conservation intent of the migratory bird
    conventions by integrating bird conservation principles, measures,
    and practices into agency activities and by avoiding or minimizing,
    to the extent practicable, adverse impacts on migratory bird
    resources when conducting agency actions;
      (2) restore and enhance the habitat of migratory birds, as
    practicable;
      (3) prevent or abate the pollution or detrimental alteration of
    the environment for the benefit of migratory birds, as practicable;
      (4) design migratory bird habitat and population conservation
    principles, measures, and practices, into agency plans and planning
    processes (natural resource, land management, and environmental
    quality planning, including, but not limited to, forest and
    rangeland planning, coastal management planning, watershed
    planning, etc.) as practicable, and coordinate with other agencies
    and nonfederal partners in planning efforts;
      (5) within established authorities and in conjunction with the
    adoption, amendment, or revision of agency management plans and
    guidance, ensure that agency plans and actions promote programs and
    recommendations of comprehensive migratory bird planning efforts
    such as Partners-in-Flight, U.S. National Shorebird Plan, North
    American Waterfowl Management Plan, North American Colonial
    Waterbird Plan, and other planning efforts, as well as guidance
    from other sources, including the Food and Agricultural
    Organization's International Plan of Action for Reducing Incidental
    Catch of Seabirds in Longline Fisheries;
      (6) ensure that environmental analyses of Federal actions
    required by the NEPA or other established environmental review
    processes evaluate the effects of actions and agency plans on
    migratory birds, with emphasis on species of concern;
      (7) provide notice to the Service in advance of conducting an
    action that is intended to take migratory birds, or annually report
    to the Service on the number of individuals of each species of
    migratory birds intentionally taken during the conduct of any
    agency action, including but not limited to banding or marking,
    scientific collecting, taxidermy, and depredation control;
      (8) minimize the intentional take of species of concern by: (i)
    delineating standards and procedures for such take; and (ii)
    developing procedures for the review and evaluation of take
    actions. With respect to intentional take, the MOU shall be
    consistent with the appropriate sections of 50 C.F.R. parts 10, 21,
    and 22;
      (9) identify where unintentional take reasonably attributable to
    agency actions is having, or is likely to have, a measurable
    negative effect on migratory bird populations, focusing first on
    species of concern, priority habitats, and key risk factors. With
    respect to those actions so identified, the agency shall develop
    and use principles, standards, and practices that will lessen the
    amount of unintentional take, developing any such conservation
    efforts in cooperation with the Service. These principles,
    standards, and practices shall be regularly evaluated and revised
    to ensure that they are effective in lessening the detrimental
    effect of agency actions on migratory bird populations. The agency
    also shall inventory and monitor bird habitat and populations
    within the agency's capabilities and authorities to the extent
    feasible to facilitate decisions about the need for, and
    effectiveness of, conservation efforts;
      (10) within the scope of its statutorily-designated authorities,
    control the import, export, and establishment in the wild of live
    exotic animals and plants that may be harmful to migratory bird
    resources;
      (11) promote research and information exchange related to the
    conservation of migratory bird resources, including coordinated
    inventorying and monitoring and the collection and assessment of
    information on environmental contaminants and other physical or
    biological stressors having potential relevance to migratory bird
    conservation. Where such information is collected in the course of
    agency actions or supported through Federal financial assistance,
    reasonable efforts shall be made to share such information with the
    Service, the Biological Resources Division of the U.S. Geological
    Survey, and other appropriate repositories of such data (e.g, the
    Cornell Laboratory of Ornithology);
      (12) provide training and information to appropriate employees on
    methods and means of avoiding or minimizing the take of migratory
    birds and conserving and restoring migratory bird habitat;
      (13) promote migratory bird conservation in international
    activities and with other countries and international partners, in
    consultation with the Department of State, as appropriate or
    relevant to the agency's authorities;
      (14) recognize and promote economic and recreational values of
    birds, as appropriate; and
      (15) develop partnerships with non-Federal entities to further
    bird conservation.
      (f) Notwithstanding the requirement to finalize an MOU within 2
    years, each agency is encouraged to immediately begin implementing
    the conservation measures set forth above in subparagraphs (1)
    through (15) of this section, as appropriate and practicable.
      (g) Each agency shall advise the public of the availability of
    its MOU through a notice published in the Federal Register.
      Sec. 4. Council for the Conservation of Migratory Birds. (a) The
    Secretary of Interior shall establish an interagency Council for
    the Conservation of Migratory Birds (Council) to oversee the
    implementation of this order. The Council's duties shall include
    the following: (1) sharing the latest resource information to
    assist in the conservation and management of migratory birds; (2)
    developing an annual report of accomplishments and recommendations
    related to this order; (3) fostering partnerships to further the
    goals of this order; and (4) selecting an annual recipient of a
    Presidential Migratory Bird Federal Stewardship Award for
    contributions to the protection of migratory birds.
      (b) The Council shall include representation, at the bureau
    director/administrator level, from the Departments of the Interior,
    State, Commerce, Agriculture, Transportation, Energy, Defense, and
    the Environmental Protection Agency and from such other agencies as
    appropriate.
      Sec. 5. Application and Judicial Review. (a) This order and the
    MOU to be developed by the agencies do not require changes to
    current contracts, permits, or other third party agreements.
      (b) This order is intended only to improve the internal
    management of the executive branch and does not create any right or
    benefit, substantive or procedural, separately enforceable at law
    or equity by a party against the United States, its agencies or
    instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.

-End-



-CITE-
    16 USC Sec. 702                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER I - GENERALLY

-HEAD-
    Sec. 702. Importation of eggs of game birds for propagation

-STATUTE-
      The Secretary of the Interior shall have the power to authorize
    the importation of eggs of game birds for purposes of propagation,
    and he shall prescribe all necessary rules and regulations
    governing the importation of eggs of said birds for such purposes.

-SOURCE-
    (June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg. Plan No. II, Sec.
    4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 701 of this title.

-End-


-CITE-
    16 USC SUBCHAPTER II - MIGRATORY BIRD TREATY                01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
                   SUBCHAPTER II - MIGRATORY BIRD TREATY               

-End-



-CITE-
    16 USC Sec. 703                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 703. Taking, killing, or possessing migratory birds unlawful

-STATUTE-
    (a) In general
      Unless and except as permitted by regulations made as hereinafter
    provided in this subchapter, it shall be unlawful at any time, by
    any means or in any manner, to pursue, hunt, take, capture, kill,
    attempt to take, capture, or kill, possess, offer for sale, sell,
    offer to barter, barter, offer to purchase, purchase, deliver for
    shipment, ship, export, import, cause to be shipped, exported, or
    imported, deliver for transportation, transport or cause to be
    transported, carry or cause to be carried, or receive for shipment,
    transportation, carriage, or export, any migratory bird, any part,
    nest, or eggs of any such bird, or any product, whether or not
    manufactured, which consists, or is composed in whole or part, of
    any such bird or any part, nest, or egg thereof, included in the
    terms of the conventions between the United States and Great
    Britain for the protection of migratory birds concluded August 16,
    1916 (39 Stat. 1702), the United States and the United Mexican
    States for the protection of migratory birds and game mammals
    concluded February 7, 1936, the United States and the Government of
    Japan for the protection of migratory birds and birds in danger of
    extinction, and their environment concluded March 4, 1972 (!1) and
    the convention between the United States and the Union of Soviet
    Socialist Republics for the conservation of migratory birds and
    their environments concluded November 19, 1976.

    (b) Limitation on application to introduced species
      (1) In general
        This subchapter applies only to migratory bird species that are
      native to the United States or its territories.
      (2) Native to the United States defined
        (A) In general
          Subject to subparagraph (B), in this subsection the term
        "native to the United States or its territories" means
        occurring in the United States or its territories as the result
        of natural biological or ecological processes.
        (B) Treatment of introduced species
          For purposes of paragraph (1), a migratory bird species that
        occurs in the United States or its territories solely as a
        result of intentional or unintentional human-assisted
        introduction shall not be considered native to the United
        States or its territories unless - 
            (i) it was native to the United States or its territories
          and extant in 1918;
            (ii) it was extirpated after 1918 throughout its range in
          the United States and its territories; and
            (iii) after such extirpation, it was reintroduced in the
          United States or its territories as a part of a program
          carried out by a Federal agency.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 2, 40 Stat. 755; June 20, 1936, ch.
    634, Sec. 3, 49 Stat. 1556; Pub. L. 93-300, Sec. 1, June 1, 1974,
    88 Stat. 190; Pub. L. 101-233, Sec. 15, Dec. 13, 1989, 103 Stat.
    1977; Pub. L. 108-447, div. E, title I, Sec. 143(b), Dec. 8, 2004,
    118 Stat. 3071.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-447 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
      1989 - Pub. L. 101-233 struck out "and" after "1936," and
    inserted before period at end "and the convention between the
    United States and the Union of Soviet Socialist Republics for the
    conservation of migratory birds and their environments concluded
    November 19, 1976".
      1974 - Pub. L. 93-300 substituted "any part, nest, or eggs of any
    such bird, or any product, whether or not manufactured, which
    consists, or is composed in whole or part, of any such bird or any
    part, nest, or egg thereof" for "any part, nest, or egg of any such
    birds", and included the convention between the United States and
    the Government of Japan concluded March 4, 1972.
      1936 - Act June 20, 1936, made changes in phraseology.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Section 3 of Pub. L. 93-300 provided that: "The amendments made
    by this Act [amending this section] shall take effect on the date
    on which the President proclaims the exchange of ratifications of
    the convention between the United States and the Government of
    Japan for the protection of migratory birds and birds in danger of
    extinction, and their environment, concluded March 4, 1972, or on
    the date of the enactment of this Act [June 1, 1974], whichever
    date is later."

                     EFFECTIVE DATE OF 1936 AMENDMENT                 
      Section 1 of act June 20, 1936, in conjunction with sections 2 to
    5 of that act, provided that the amendment of this section and
    sections 704, 705, 707, 708 and the enactment of section 709a of
    this title by that act, are effective as of the day on which the
    President shall proclaim the exchange of ratifications of the
    convention between the United States and the United Mexican States
    for the protection of migratory birds and game mammals concluded
    February 7, 1936, or on June 20, 1936, whichever date is later.
    Such proclamation was made on June 30, 1937.

                            PUBLICATION OF LIST                        
      Pub. L. 108-447, div. E, title I, Sec. 143(c), Dec. 8, 2004, 118
    Stat. 3072, provided that:
      "(1) In general. - Not later than 90 days after the date of
    enactment of this section [Dec. 8, 2004], the Secretary of the
    Interior shall publish in the Federal Register a list of all
    nonnative, human-introduced bird species to which the Migratory
    Bird Treaty Act (16 U.S.C. 703 et seq.) does not apply. As
    necessary, the Secretary may update and publish the list of species
    exempted from protection of the Migratory Bird Treaty Act.
      "(2) Public comment. - Before publishing the list under paragraph
    (1), the Secretary shall provide adequate time for public comment.
      "(3) Effect of section. - Nothing in this subsection shall delay
    implementation of other provisions of this section [amending this
    section and enacting provisions set out as notes under this section
    and section 710 of this title] or amendments made by this section
    that exclude nonnative, human-introduced bird species from the
    application of the Migratory Bird Treaty Act (16 U.S.C. 703 et
    seq.)."

                RELATIONSHIP OF PUB. L. 108-447 TO TREATIES            
      Pub. L. 108-447, div. E, title I, Sec. 143(d), Dec. 8, 2004, 118
    Stat. 3072, provided that: "It is the sense of Congress that the
    language of this section [amending this section and enacting
    provisions set out as notes under this section and section 710 of
    this title] is consistent with the intent and language of the 4
    bilateral treaties implemented by this section."

      INCIDENTAL TAKING OF MIGRATORY BIRDS DURING MILITARY READINESS
                                ACTIVITIES
      Pub. L. 107-314, div. A, title III, Sec. 315, Dec. 2, 2002, 116
    Stat. 2509, provided that:
      "(a) Interim Authority for Incidental Takings. - During the
    period described in subsection (c), section 2 of the Migratory Bird
    Treaty Act (16 U.S.C. 703) shall not apply to the incidental taking
    of a migratory bird by a member of the Armed Forces during a
    military readiness activity authorized by the Secretary of Defense
    or the Secretary of the military department concerned.
      "(b) Identification of Measures to Minimize Impact of Activities.
    - During the periods described in subsections (c) and (d), the
    Secretary of Defense shall, in consultation with the Secretary of
    the Interior, identify measures - 
        "(1) to minimize and mitigate, to the extent practicable, any
      adverse impacts of authorized military readiness activities on
      affected species of migratory birds; and
        "(2) to monitor the impacts of such military readiness
      activities on affected species of migratory birds.
      "(c) Period of Application for Interim Authority. - The period
    described in this subsection is the period beginning on the date of
    the enactment of this Act [Dec. 2, 2002] and ending on the date on
    which the Secretary of the Interior publishes in the Federal
    Register a notice that - 
        "(1) regulations authorizing the incidental taking of migratory
      birds by members of the Armed Forces have been prescribed in
      accordance with the requirements of subsection (d);
        "(2) all legal challenges to the regulations and to the manner
      of their promulgation (if any) have been exhausted as provided in
      subsection (e); and
        "(3) the regulations have taken effect.
      "(d) Incidental Takings After Interim Period. - (1) Not later
    than the expiration of the one-year period beginning on the date of
    the enactment of this Act, the Secretary of the Interior shall
    exercise the authority of that Secretary under section 3(a) of the
    Migratory Bird Treaty Act (16 U.S.C. 704(a)) to prescribe
    regulations to exempt the Armed Forces for the incidental taking of
    migratory birds during military readiness activities authorized by
    the Secretary of Defense or the Secretary of the military
    department concerned.
      "(2) The Secretary of the Interior shall exercise authority under
    paragraph (1) with the concurrence of the Secretary of Defense.
      "(e) Limitation on Judicial Review. - An action seeking judicial
    review of regulations prescribed pursuant to this section or of the
    manner of their promulgation must be filed in the appropriate
    Federal court by not later than the expiration of the 120-day
    period beginning on the date on which such regulations are
    published in the Federal Register. Upon the expiration of such
    period and the exhaustion of any legal challenges to the
    regulations pursuant to any action filed in such period, there
    shall be no further judicial review of such regulations or of the
    manner of their promulgation.
      "(f) Military Readiness Activity. - (1) In this section the term
    'military readiness activity' includes - 
        "(A) all training and operations of the Armed Forces that
      relate to combat; and
        "(B) the adequate and realistic testing of military equipment,
      vehicles, weapons, and sensors for proper operation and
      suitability for combat use.
      "(2) The term does not include - 
        "(A) the routine operation of installation operating support
      functions, such as administrative offices, military exchanges,
      commissaries, water treatment facilities, storage facilities,
      schools, housing, motor pools, laundries, morale, welfare, and
      recreation activities, shops, and mess halls;
        "(B) the operation of industrial activities; or
        "(C) the construction or demolition of facilities used for a
      purpose described in subparagraph (A) or (B)."

               ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION           
      Pub. L. 106-108, Nov. 24, 1999, 113 Stat. 1491, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Arctic Tundra Habitat Emergency
    Conservation Act'.

      "SEC. 2. FINDINGS AND PURPOSES.
      "(a) Findings. - The Congress finds the following:
        "(1) The winter index population of mid-continent light geese
      was 800,000 birds in 1969, while the total population of such
      geese is more than 5,200,000 birds today.
        "(2) The population of mid-continent light geese is expanding
      by over 5 percent each year, and in the absence of new wildlife
      management actions it could grow to more than 6,800,000 breeding
      light geese in 3 years.
        "(3) The primary reasons for this unprecedented population
      growth are - 
          "(A) the expansion of agricultural areas and the resulting
        abundance of cereal grain crops in the United States;
          "(B) the establishment of sanctuaries along the United States
        flyways of migrating light geese; and
          "(C) a decline in light geese harvest rates.
        "(4) As a direct result of this population explosion, the
      Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being
      systematically destroyed. This ecosystem contains approximately
      135,000 acres of essential habitat for migrating light geese and
      many other avian species. Biologists have testified that one-
      third of this habitat has been destroyed, one-third is on the
      brink of devastation, and the remaining one-third is overgrazed.
        "(5) The destruction of the Arctic tundra is having a severe
      negative impact on many avian species that breed or migrate
      through this habitat, including the following:
          "(A) Canada Goose.
          "(B) American Wigeon.
          "(C) Dowitcher.
          "(D) Hudsonian Godwit.
          "(E) Stilt Sandpiper.
          "(F) Northern Shoveler.
          "(G) Red-Breasted Merganser.
          "(H) Oldsquaw.
          "(I) Parasitic Jaeger.
          "(J) Whimbrel.
          "(K) Yellow Rail.
        "(6) It is essential that the current population of mid-
      continent light geese be reduced by 50 percent by the year 2005
      to ensure that the fragile Arctic tundra is not irreversibly
      damaged.
      "(b) Purposes. - The purposes of this Act are the following:
        "(1) To reduce the population of mid-continent light geese.
        "(2) To assure the long-term conservation of mid-continent
      light geese and the biological diversity of the ecosystem upon
      which many North American migratory birds depend.

      "SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-
        CONTINENT LIGHT GEESE POPULATIONS.
      "(a) Force and Effect. - 
        "(1) In general. - The rules published by the Service on
      February 16, 1999, relating to use of additional hunting methods
      to increase the harvest of mid-continent light geese (64 Fed.
      Reg. 7507-7517) and the establishment of a conservation order for
      the reduction of mid-continent light goose populations (64 Fed.
      Reg. 7517-7528), shall have the force and effect of law.
        "(2) Public notice. - The Secretary, acting through the
      Director of the Service, shall take such action as is necessary
      to appropriately notify the public of the force and effect of the
      rules referred to in paragraph (1).
      "(b) Application. - Subsection (a) shall apply only during the
    period that - 
        "(1) begins on the date of the enactment of this Act [Nov. 24,
      1999]; and
        "(2) ends on the latest of - 
          "(A) the effective date of rules issued by the Service after
        such date of the enactment to control overabundant mid-
        continent light geese populations;
          "(B) the date of the publication of a final environmental
        impact statement for such rules under section 102(2)(C) of the
        National Environmental Policy Act of 1969 (42 U.S.C.
        4332(2)(C)); and
          "(C) May 15, 2001.
      "(c) Rule of Construction. - This section shall not be construed
    to limit the authority of the Secretary or the Service to issue
    rules, under another law, to regulate the taking of mid-continent
    light geese.

      "SEC. 4. COMPREHENSIVE MANAGEMENT PLAN.
      "(a) In General. - Not later than the end of the period described
    in section 103(b) [probably means section 3(b)], the Secretary
    shall prepare, and as appropriate implement, a comprehensive, long-
    term plan for the management of mid-continent light geese and the
    conservation of their habitat.
      "(b) Required Elements. - The plan shall apply principles of
    adaptive resource management and shall include - 
        "(1) a description of methods for monitoring the levels of
      populations and the levels of harvest of mid-continent light
      geese, and recommendations concerning long-term harvest levels;
        "(2) recommendations concerning other means for the management
      of mid-continent light goose populations, taking into account the
      reasons for the population growth specified in section 102(a)(3)
      [probably means section 2(a)(3)];
        "(3) an assessment of, and recommendations relating to,
      conservation of the breeding habitat of mid-continent light
      geese;
        "(4) an assessment of, and recommendations relating to,
      conservation of native species of wildlife adversely affected by
      the overabundance of mid-continent light geese, including the
      species specified in section 102(a)(5) [probably means section
      2(a)(5)]; and
        "(5) an identification of methods for promoting collaboration
      with the Government of Canada, States, and other interested
      persons.
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $1,000,000 for each of
    fiscal years 2000 through 2002.

      "SEC. 5. DEFINITIONS.
      "In this Act:
        "(1) Mid-continent light geese. - The term 'mid-continent light
      geese' means Lesser snow geese (Anser caerulescens caerulescens)
      and Ross' geese (Anser rossii) that primarily migrate between
      Canada and the States of Alabama, Arkansas, Colorado, Illinois,
      Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota,
      Mississippi, Missouri, Montana, Nebraska, New Mexico, North
      Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas,
      Wisconsin, and Wyoming.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.
        "(3) Service. - The term 'Service' means the United States Fish
      and Wildlife Service."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    16 USC Sec. 704                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 704. Determination as to when and how migratory birds may be
      taken, killed, or possessed

-STATUTE-
      (a) Subject to the provisions and in order to carry out the
    purposes of the conventions, referred to in section 703 of this
    title, the Secretary of the Interior is authorized and directed,
    from time to time, having due regard to the zones of temperature
    and to the distribution, abundance, economic value, breeding
    habits, and times and lines of migratory flight of such birds, to
    determine when, to what extent, if at all, and by what means, it is
    compatible with the terms of the conventions to allow hunting,
    taking, capture, killing, possession, sale, purchase, shipment,
    transportation, carriage, or export of any such bird, or any part,
    nest, or egg thereof, and to adopt suitable regulations permitting
    and governing the same, in accordance with such determinations,
    which regulations shall become effective when approved by the
    President.
      (b) It shall be unlawful for any person to - 
        (1) take any migratory game bird by the aid of baiting, or on
      or over any baited area, if the person knows or reasonably should
      know that the area is a baited area; or
        (2) place or direct the placement of bait on or adjacent to an
      area for the purpose of causing, inducing, or allowing any person
      to take or attempt to take any migratory game bird by the aid of
      baiting on or over the baited area.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 3, 40 Stat. 755; June 20, 1936, ch.
    634, Sec. 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, Sec. 4(f),
    eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105-312,
    title I, Sec. 102, Oct. 30, 1998, 112 Stat. 2956.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-312 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1936 - Act June 20, 1936, substituted "conventions" for
    "convention" wherever appearing.

                     EFFECTIVE DATE OF 1936 AMENDMENT                 
      Section effective June 30, 1937, see section 1 of act of June 20,
    1936, set out as a note under section 703 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan, No. II of 1939, see Transfer of
    Functions note set out under section 701 of this title.

                          DELEGATION OF FUNCTIONS                      
      For delegation to Secretary of the Interior of authority vested
    in President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973,
    set out as a note under section 715j of Title 15, Commerce and
    Trade.
      Secretary of the Interior empowered to promulgate regulations
    under this section without approval, ratification, or other action
    of President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951,
    16 F.R. 5385, set out as a note under section 301 of Title 3, The
    President.


-MISC2-
                   REPORT ON EFFECTS OF 1998 AMENDMENTS               
      Pub. L. 105-312, title I, Sec. 104, Oct. 30, 1998, 112 Stat.
    2956, provided that: "Not later than 5 years after the date of
    enactment of this Act [Oct. 30, 1998], the Secretary of the
    Interior 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 analyzing the effect of the amendments
    made by section 2 [probably should be section 102, which amended
    this section], and the general practice of baiting, on migratory
    bird conservation and law enforcement efforts under the Migratory
    Bird Treaty Act (16 U.S.C. 701 et seq.) [16 U.S.C. 703 et seq.]."

-End-



-CITE-
    16 USC Sec. 705                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 705. Transportation or importation of migratory birds; when
      unlawful

-STATUTE-
      It shall be unlawful to ship, transport, or carry, by any means
    whatever, from one State, Territory, or district to or through
    another State, Territory, or district, or to or through a foreign
    country, any bird, or any part, nest, or egg thereof, captured,
    killed, taken, shipped, transported, or carried at any time
    contrary to the laws of the State, Territory, or district in which
    it was captured, killed, or taken, or from which it was shipped,
    transported, or carried. It shall be unlawful to import any bird,
    or any part, nest, or egg thereof, captured, killed, taken,
    shipped, transported, or carried contrary to the laws of any
    Province of the Dominion of Canada in which the same was captured,
    killed, or taken, or from which it was shipped, transported, or
    carried.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 4, 40 Stat. 755; June 20, 1936, ch.
    634, Sec. 4, 49 Stat. 1556; 1939 Reorg. Plan No. II, Sec. 4(f),
    eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91-135, Sec.
    10, Dec. 5, 1969, 83 Stat. 282.)


-MISC1-
                                AMENDMENTS                            
      1969 - Pub. L. 91-135 repealed second par., which prohibited
    shipment of wild game mammals or parts thereof by any person of the
    United States to and from Mexico, except by permit from the
    Secretary of the Interior.
      1936 - Act June 20, 1936, inserted last sentence.

                     EFFECTIVE DATE OF 1969 AMENDMENT                 
      Section 11 of Pub. L. 91-135 provided that: "The provisions of
    sections 1 through 10 of this Act [enacting sections 668cc-1 to
    668cc-6 of this title and amending this section, sections 851, 852,
    852a, and 852d of this title, and sections 43, 44, 3054, and 3112
    of Title 18, Crimes and Criminal Procedure] shall be effective one
    hundred and eighty days after the date of enactment of this Act
    [Dec. 5, 1969]."

                     EFFECTIVE DATE OF 1936 AMENDMENT                 
      Section effective June 30, 1937, see section 1 of act June 20,
    1936, set out as a note under section 703 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 701 of this title.

-End-



-CITE-
    16 USC Sec. 706                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 706. Arrests; search warrants

-STATUTE-
      Any employee of the Department of the Interior authorized by the
    Secretary of the Interior to enforce the provisions of this
    subchapter shall have power, without warrant, to arrest any person
    committing a violation of this subchapter in his presence or view
    and to take such person immediately for examination or trial before
    an officer or court of competent jurisdiction; shall have power to
    execute any warrant or other process issued by an officer or court
    of competent jurisdiction for the enforcement of the provisions of
    this subchapter; and shall have authority, with a search warrant,
    to search any place. The several judges of the courts established
    under the laws of the United States, and United States magistrate
    judges may, within their respective jurisdictions, upon proper oath
    or affirmation showing probable cause, issue warrants in all such
    cases. All birds, or parts, nests, or eggs thereof, captured,
    killed, taken, sold or offered for sale, bartered or offered for
    barter, purchased, shipped, transported, carried, imported,
    exported, or possessed contrary to the provisions of this
    subchapter or of any regulation prescribed thereunder shall, when
    found, be seized and, upon conviction of the offender or upon
    judgment of a court of the United States that the same were
    captured, killed, taken, sold or offered for sale, bartered or
    offered for barter, purchased, shipped, transported, carried,
    imported, exported, or possessed contrary to the provisions of this
    subchapter or of any regulation prescribed thereunder, shall be
    forfeited to the United States and disposed of by the Secretary of
    the Interior in such manner as he deems appropriate.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 5, 40 Stat. 756; 1939 Reorg. Plan No.
    II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.
    L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
    Pub. L. 95-616, Sec. 3(h)(1), Nov. 8, 1978, 92 Stat. 3111; Pub. L.
    101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-616 made provisions respecting seizures and
    judgment of court applicable to birds, or parts, nests, or eggs
    sold or offered for sale, bartered or offered for barter,
    purchased, imported and exported and substituted "any regulation
    prescribed thereunder" in two places for "any regulations made
    pursuant thereto" and "any regulation made pursuant thereto" and
    provision for disposition of the birds, etc., by Secretary of the
    Interior in such manner as he deems appropriate for prior provision
    for such disposition as directed by court having jurisdiction.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" substituted for "United States
    magistrates" in text pursuant to section 321 of Pub. L. 101-650,
    set out as a note under section 631 of Title 28, Judiciary and
    Judicial Procedure. Previously, "United States magistrates"
    substituted in text for "United States commissioners" pursuant to
    Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with protection of
    certain birds under this subchapter with respect to pre-
    construction, construction, and initial operation of
    transportation system for Canadian and Alaskan natural gas
    transferred to Federal Inspector, Office of Federal Inspector for
    Alaska Natural Gas Transportation System, until first anniversary
    of date of initial operation of Alaska Natural Gas Transportation
    System, see Reorg. Plan No. 1 of 1979, Secs. 102(e), 203(a), 44
    F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set
    out in the Appendix to Title 5, Government Organization and
    Employees. Office of Federal Inspector for the Alaska Natural Gas
    Transportation System abolished and functions and authority vested
    in Inspector transferred to Secretary of Energy by section 3012(b)
    of Pub. L. 102-486, set out as an Abolition of Office of Federal
    Inspector note under section 719e of Title 15, Commerce and Trade.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 701 of this title.

-End-



-CITE-
    16 USC Sec. 707                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 707. Violations and penalties; forfeitures

-STATUTE-
      (a) Except as otherwise provided in this section, any person,
    association, partnership, or corporation who shall violate any
    provisions of said conventions or of this subchapter, or who shall
    violate or fail to comply with any regulation made pursuant to this
    subchapter shall be deemed guilty of a misdemeanor and upon
    conviction thereof shall be fined not more than $15,000 or be
    imprisoned not more than six months, or both.
      (b) Whoever, in violation of this subchapter, shall knowingly - 
        (1) take by any manner whatsoever any migratory bird with
      intent to sell, offer to sell, barter or offer to barter such
      bird, or
        (2) sell, offer for sale, barter or offer to barter, any
      migratory bird shall be guilty of a felony and shall be fined not
      more than $2,000 or imprisoned not more than two years, or both.

      (c) Whoever violates section 704(b)(2) of this title shall be
    fined under title 18, imprisoned not more than 1 year, or both.
      (d) All guns, traps, nets and other equipment, vessels, vehicles,
    and other means of transportation used by any person when engaged
    in pursuing, hunting, taking, trapping, ensnaring, capturing,
    killing, or attempting to take, capture, or kill any migratory bird
    in violation of this subchapter with the intent to offer for sale,
    or sell, or offer for barter, or barter such bird in violation of
    this subchapter shall be forfeited to the United States and may be
    seized and held pending the prosecution of any person arrested for
    violating this subchapter and upon conviction for such violation,
    such forfeiture shall be adjudicated as a penalty in addition to
    any other provided for violation of this subchapter. Such forfeited
    property shall be disposed of and accounted for by, and under the
    authority of, the Secretary of the Interior.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 6, 40 Stat. 756; June 20, 1936, ch.
    634, Sec. 2, 49 Stat. 1556; Pub. L. 86-732, Sept. 8, 1960, 74 Stat.
    866; Pub. L. 99-645, title V, Sec. 501, Nov. 10, 1986, 100 Stat.
    3590; Pub. L. 105-312, title I, Sec. 103, Oct. 30, 1998, 112 Stat.
    2956.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-312, Sec. 103(1), substituted
    "$15,000" for "$500".
      Subsecs. (c), (d). Pub. L. 105-312, Sec. 103(2), (3), added
    subsec. (c) and redesignated former subsec. (c) as (d).
      1986 - Subsec. (b). Pub. L. 99-645 substituted "shall knowingly"
    for "shall" in introductory provisions.
      1960 - Pub. L. 86-732 designated existing provisions as subsec.
    (a), inserted "Except as otherwise provided in this section", and
    added subsecs. (b) and (c).
      1936 - Act June 20, 1936, substituted "conventions" for
    "convention".

                     EFFECTIVE DATE OF 1936 AMENDMENT                 
      Section effective June 30, 1937, see section 1 of act June 20,
    1936, set out as a note under section 703 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Secretary or
    other official in Department of the Interior under this subchapter
    to Federal Inspector, Office of Federal Inspector for the Alaska
    Natural Gas Transportation System, and subsequent transfer to
    Secretary of Energy, then to Federal Coordinator for Alaska Natural
    Gas Transportation Projects, see Transfer of Functions note set out
    under section 706 of this title.

-End-



-CITE-
    16 USC Sec. 708                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 708. State or Territorial laws or regulations

-STATUTE-
      Nothing in this subchapter shall be construed to prevent the
    several States and Territories from making or enforcing laws or
    regulations not inconsistent with the provisions of said
    conventions or of this subchapter, or from making or enforcing laws
    or regulations which shall give further protection to migratory
    birds, their nests, and eggs, if such laws or regulations do not
    extend the open seasons for such birds beyond the dates approved by
    the President in accordance with section 704 of this title.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 7, 40 Stat. 756; June 20, 1936, ch.
    634, Sec. 2, 49 Stat. 1556.)


-MISC1-
                                AMENDMENTS                            
      1936 - Act June 20, 1936, substituted "conventions" for
    "convention".

                     EFFECTIVE DATE OF 1936 AMENDMENT                 
      Section effective June 30, 1937, see section 1 of act June 20,
    1936, set out as a note under section 703 of this title.

-End-



-CITE-
    16 USC Sec. 709                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 709. Omitted

-COD-
                               CODIFICATION                           
      Section, act July 3, 1918, ch. 128, Sec. 8, 40 Stat. 756,
    authorized taking and use of migratory birds, nests, or eggs for
    scientific or propagating purposes until adoption and approval,
    pursuant to section 704 of this title, of regulations dealing
    therewith. Regulations were promulgated by Proc. July 31, 1918, 40
    Stat. 1812.

-End-



-CITE-
    16 USC Sec. 709a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 709a. Authorization of appropriations

-STATUTE-
      There is hereby authorized to be appropriated, from time to time,
    out of any money in the Treasury not otherwise appropriated, such
    amounts as may be necessary to carry out the provisions and to
    accomplish the purposes of said conventions and of this subchapter
    and regulations made pursuant thereto, and the Secretary of the
    Interior is authorized out of such moneys to employ in the city of
    Washington and elsewhere such persons and means as he may deem
    necessary for such purpose and may cooperate with local authorities
    in the protection of migratory birds and make the necessary
    investigations connected therewith.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 9, as added June 20, 1936, ch. 634,
    Sec. 5, 49 Stat. 1556; amended 1939 Reorg. Plan No. II, Sec. 4(f),
    eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective June 30, 1937, see section 1 of act June 30,
    1936, set out as a note under section 703 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Secretary or
    other official in Department of the Interior under this subchapter
    to Federal Inspector, Office of Federal Inspector for Alaska
    Natural Gas Transportation System, and subsequent transfer to
    Secretary of Energy, then to Federal Coordinator for Alaska Natural
    Gas Transportation Projects, see Transfer of Functions note set out
    under section 706 of this title.
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 701 of this title.


-MISC2-
                           AVAILABILITY OF FUNDS                       
      Section 6 of act June 20, 1936, provided: "That all moneys now or
    hereafter available for administration and enforcement of said Act
    approved July 3, 1918 [this subchapter], shall be equally available
    for the administration and enforcement of said Act as hereby
    amended."

-End-



-CITE-
    16 USC Sec. 710                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 710. Partial invalidity; short title

-STATUTE-
      If any clause, sentence, paragraph, or part of this subchapter,
    which shall be known by the short title of the "Migratory Bird
    Treaty Act", shall, for any reason, be adjudged by any court of
    competent jurisdiction to be invalid, such judgment shall not
    affect, impair, or invalidate the remainder thereof, but shall be
    confined in its operation to the clause, sentence, paragraph, or
    part thereof directly involved in the controversy in which such
    judgment shall have been rendered.

-SOURCE-
    (July 3, 1918, ch. 128, Secs. 1, 10, 40 Stat. 755, 757.)

-COD-
                               CODIFICATION                           
      The provisions of this section relating to short title are from
    section 1 of act July 3, 1918, and the provisions relating to
    severability are from section 10 of that act.


-MISC1-
                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-447, div. E, title I, Sec. 143(a), Dec. 8, 2004, 118
    Stat. 3071, provided that: "This section [amending section 703 of
    this title and enacting provisions set out as notes under section
    703 of this title] may be cited as the 'Migratory Bird Treaty
    Reform Act of 2004'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-312, title I, Sec. 101, Oct. 30, 1998, 112 Stat.
    2956, provided that: "This title [amending sections 704 and 707 of
    this title and enacting provisions set out as a note under section
    704 of this title] may be cited as the 'Migratory Bird Treaty
    Reform Act of 1998'."

-End-



-CITE-
    16 USC Sec. 711                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 711. Breeding and sale for food supply

-STATUTE-
      Nothing in this subchapter shall be construed to prevent the
    breeding of migratory game birds on farms and preserves and the
    sale of birds so bred under proper regulation for the purpose of
    increasing the food supply.

-SOURCE-
    (July 3, 1918, ch. 128, Sec. 12, 40 Stat. 757.)

-End-



-CITE-
    16 USC Sec. 712                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

-HEAD-
    Sec. 712. Treaty and convention implementing regulations; seasonal
      taking of migratory birds for essential needs of indigenous
      Alaskans to preserve and maintain stocks of the birds; protection
      and conservation of the birds

-STATUTE-
      (1) In accordance with the various migratory bird treaties and
    conventions with Canada, Japan, Mexico, and the Union of Soviet
    Socialist Republics, the Secretary of the Interior is authorized to
    issue such regulations as may be necessary to assure that the
    taking of migratory birds and the collection of their eggs, by the
    indigenous inhabitants of the State of Alaska, shall be permitted
    for their own nutritional and other essential needs, as determined
    by the Secretary of the Interior, during seasons established so as
    to provide for the preservation and maintenance of stocks of
    migratory birds.
      (2) The Secretary of the Interior is authorized to issue such
    regulations as may be necessary to implement the provisions of the
    convention between the United States and Great Britain for the
    protection of migratory birds concluded August 16, 1916, the
    convention between the United States and the United Mexican States
    for the protection of migratory birds and game mammals concluded
    February 7, 1936, the convention between the United States and the
    Government of Japan for the protection of migratory birds in danger
    of extinction, and their environment concluded March 4, 1972, and
    the convention between the United States and the Union of Soviet
    Socialist Republics for the conservation of migratory birds and
    their environment concluded November 19, 1976.

-SOURCE-
    (Pub. L. 95-616, Sec. 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.)

-COD-
                               CODIFICATION                           
      Par. (1) of section 3(h) of Pub. L. 95-616 amended section 706 of
    this title. Pars. (2) and (3) of such section 3(h) were
    redesignated (1) and (2) for codification purposes.
      Section was enacted as part of the Fish and Wildlife Improvement
    Act of 1978, and not as part of the Migratory Bird Treaty Act which
    comprises this subchapter.

-End-


-CITE-
    16 USC SUBCHAPTER III - MIGRATORY BIRD CONSERVATION         01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
               SUBCHAPTER III - MIGRATORY BIRD CONSERVATION           

-End-



-CITE-
    16 USC Sec. 715                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715. Short title

-STATUTE-
      This subchapter shall be known by the short title of "Migratory
    Bird Conservation Act."

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 1, 45 Stat. 1222.)


-MISC1-
                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-215, Sec. 1, Feb 17, 1976, 90 Stat. 189, provided:
    "That this Act [amending sections 668dd, 715a, 715k-3, 715k-5,
    718a, 718b, and 718d of this title] may be cited as the 'Wetlands
    Loan Extension Act of 1976'."

-End-



-CITE-
    16 USC Sec. 715a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715a. Migratory Bird Conservation Commission; creation;
      composition; duties; approval of areas of land and water
      recommended for purchase or rental

-STATUTE-
      A commission to be known as the Migratory Bird Conservation
    Commission, consisting of the Secretary of the Interior, as
    chairman, the Administrator of the Environmental Protection Agency,
    the Secretary of Agriculture and two Members of the Senate, to be
    selected by the President of the Senate, and two Members of the
    House of Representatives to be selected by the Speaker, is created
    and authorized to consider and pass upon any area of land, water,
    or land and water that may be recommended by the Secretary of the
    Interior for purchase or rental under this subchapter, and to fix
    the price or prices at which such area may be purchased or rented;
    and no purchase or rental shall be made of any such area until it
    has been duly approved for purchase or rental by said commission.
    Any Member of the House of Representatives who is a member of the
    commission, if reelected to the succeeding Congress, may serve on
    the commission notwithstanding the expiration of a Congress. Any
    vacancy on the commission shall be filled in the same manner as the
    original appointment. The ranking officer of the branch or
    department of a State to which is committed the administration of
    its game laws, or his authorized representative, and in a State
    having no such branch or department, the governor thereof, or his
    authorized representative, shall be a member ex officio of said
    commission for the purpose of considering and voting on all
    questions relating to the acquisition, under this subchapter, of
    areas in his State. For purposes of this subchapter, the purchase
    or rental of any area of land, water, or land and water includes
    the purchase or rental of any interest in any such area of land,
    water, or land and water.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 2, 45 Stat. 1222; 1939 Reorg. Plan
    No. II, Sec. 4(f), (h), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
    1433; Pub. L. 90-261, Mar. 2, 1968, 82 Stat. 39; Pub. L. 94-215,
    Sec. 4, Feb. 17, 1976, 90 Stat. 190; Pub. L. 101-233, Sec. 13, Dec.
    13, 1989, 103 Stat. 1977.)


-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-233 substituted "Administrator of the
    Environmental Protection Agency" for "Secretary of Transportation".
      1976 - Pub. L. 94-215 inserted provision including in the
    purchase or rental of any area of land, water, or land and water
    the purchase or rental of any interest in any such area of land,
    water, or land and water.
      1968 - Pub. L. 90-261 substituted the Secretary of Transportation
    for the Secretary of Commerce in the membership of the Commission.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
    Government Organization and Employees, transferred functions of
    Secretary of Agriculture relating to conservation of wildlife,
    game, and migratory birds to Secretary of the Interior, and
    provided that Secretary of the Interior should be chairman of
    Migratory Bird Conservation Commission and that Secretary of
    Agriculture should be a member thereof.

-End-



-CITE-
    16 USC Sec. 715b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715b. Omitted

-COD-
                               CODIFICATION                           
      Section, act Feb. 18, 1929, ch. 257, Sec. 3, 45 Stat. 1223, which
    required the commission created by section 715a of this title,
    through its chairman, to annually report in detail to Congress on
    operations of the commission, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, page 177 of House Document No. 103-7.

-End-



-CITE-
    16 USC Sec. 715c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715c. Areas recommended for approval; character

-STATUTE-
      The Secretary of the Interior may not recommend any area for
    purchase or rental under the terms of this subchapter unless the
    Secretary of the Interior - 
        (1) has determined that such area is necessary for the
      conservation of migratory birds; and
        (2) has consulted with the county or other unit of local
      government in which such area is located and with the Governor of
      the State concerned or the appropriate State agency.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 4, 45 Stat. 1223; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Pub. L. 89-669, Sec. 7(a), Oct. 15, 1966, 80 Stat. 929; Pub. L. 95-
    552, Sec. 2, Oct. 30, 1978, 92 Stat. 2071.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-552 substituted "may not recommend any area"
    for "shall recommend no area", incorporated existing provision in
    item (1) and added item (2).
      1966 - Pub. L. 89-669 struck out "game" from "migratory game
    birds".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715d. Purchase or rental of approved areas or interests
      therein; gifts and devises; United States lands

-STATUTE-
      The Secretary of the Interior may - 
        (1) purchase or rent such areas or interests therein as have
      been approved for purchase or rental by the Commission at the
      price or prices fixed by the Commission; and
        (2) acquire, by gift or devise, any area or interests therein;

    which he determines to be suitable for use as an inviolate
    sanctuary, or for any other management purpose, for migratory
    birds. The Secretary may pay, when deemed necessary by him and from
    moneys authorized to be appropriated for the purposes of this
    subchapter (A) the purchase or rental price of any such area or
    interest therein, and (B) the expenses incident to the location,
    examination, survey, and acquisition of title (including options)
    of any such area or interest therein. No lands acquired, held, or
    used by the United States for military purposes shall be subject to
    any provisions of this subchapter.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 5, 45 Stat. 1223; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Pub. L. 95-616, Sec. 5(a), Nov. 8, 1978, 92 Stat. 3113.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-616 incorporated existing provisions in pars.
    (1) and (2) and cls. (A) and (B), made provisions applicable to
    interests in approved areas, and inserted authority for purchase or
    acquisition for other management purposes.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Secs. 715d-1, 715d-2                                 01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Secs. 715d-1, 715d-2. Repealed.

-MISC1-
    Secs. 715d-1, 715d-2. Repealed. Pub. L. 89-669, Sec. 8(a), Oct. 15,
      1966, 80 Stat. 930.
      Sections, act June 15, 1935, ch. 261, title III, Secs. 302, 303,
    49 Stat. 382, provided for acceptance of land in exchange for other
    land or timber, etc. rights and for acceptance of land in exchange
    for patent to nonmineral public land. See section 668dd(b)(3) of
    this title.

-End-



-CITE-
    16 USC Sec. 715d-3                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715d-3. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 15, 1935, ch. 261, title V, Sec. 501, 49 Stat.
    383, authorized President to allocate out of appropriation made to
    him by resolution of April 8, 1935, a sum for acquisition of areas
    for bird sanctuaries and refuges.

-End-



-CITE-
    16 USC Sec. 715e                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715e. Examination of title; easements and reservations

-STATUTE-
      The Secretary of the Interior may do all things and make all
    expenditures necessary to secure the safe title in the United
    States to the areas which may be acquired under this subchapter,
    but no payment shall be made for any such areas until the title
    thereto shall be satisfactory to the Attorney General or his
    designee, but the acquisition of such areas by the United States
    shall in no case be defeated because of rights-of-way, easements,
    and reservations which from their nature will in the opinion of the
    Secretary of the Interior in no manner interfere with the use of
    the areas so encumbered for the purposes of this subchapter, but
    such rights-of-way, easements, and reservations retained by the
    grantor or lessor from whom the United States receives title under
    this subchapter or any other Act for the acquisition by the
    Secretary of the Interior of areas for wildlife refuges shall be
    subject to rules and regulations prescribed by the Secretary of the
    Interior for the occupation, use, operation, protection, and
    administration of such areas as inviolate sanctuaries for migratory
    birds or as refuges for wildlife; and it shall be expressed in the
    deed or lease that the use, occupation, and operation of such
    rights-of-way, easements, and reservations shall be subordinate to
    and subject to such rules and regulations as are set out in such
    deed or lease or, if deemed necessary by the Secretary of the
    Interior, to such rules and regulations as may be prescribed by him
    from time to time.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 6, 45 Stat. 1223; June 15, 1935, ch.
    261, title III, Sec. 301, 49 Stat. 381; 1939 Reorg. Plan No. II,
    Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L.
    91-393, Sec. 6, Sept. 1, 1970, 84 Stat. 835.)


-MISC1-
                                AMENDMENTS                            
      1970 - Pub. L. 91-393 inserted "or his designee" after "Attorney
    General".
      1935 - Act June 15, 1935, inserted "under said sections or any
    other Act for the acquisition by the Secretary of Agriculture of
    areas for wildlife refuges" and "or as refuges for wildlife", and
    inserted clause beginning "as are set out in such deed or lease or,
    if deemed necessary" etc.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715e-1                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715e-1. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 15, 1935, ch. 261, title III, Sec. 304, 49
    Stat. 382, applying section 715e of this title to exchanges
    effected under former sections 715d-1 and 715d-2, has been omitted
    due to the repeal of sections 715d-1 and 715d-2 by Pub. L. 89-669,
    Sec. 8(a), Oct. 15, 1966, 80 Stat. 930.

-End-



-CITE-
    16 USC Sec. 715f                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715f. Consent of State to conveyance in fee

-STATUTE-
      No deed or instrument of conveyance in fee shall be accepted by
    the Secretary of the Interior under this subchapter unless the
    State in which the area lies shall have consented by law to the
    acquisition by the United States of lands in that State.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 7, 45 Stat. 1223; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Pub. L. 103-434, title XIII, Oct. 31, 1994, 108 Stat. 4565.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-434 inserted "in fee" after "conveyance".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715g                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715g. Jurisdiction of State over areas acquired

-STATUTE-
      The jurisdiction of the State, both civil and criminal, over
    persons upon areas acquired under this subchapter shall not be
    affected or changed by reason of their acquisition and
    administration by the United States as migratory-bird reservations,
    except so far as the punishment of offenses against the United
    States is concerned.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 8, 45 Stat. 1224.)

-End-



-CITE-
    16 USC Sec. 715h                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715h. Operation of State game laws

-STATUTE-
      Nothing in this subchapter is intended to interfere with the
    operation of the game laws of the several States applying to
    migratory game birds insofar as they do not permit what is
    forbidden by Federal law.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 9, 45 Stat. 1224.)

-End-



-CITE-
    16 USC Sec. 715i                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715i. Administration

-STATUTE-
    (a) Treaty obligations; rules and regulations
      Areas of lands, waters, or interests therein acquired or reserved
    pursuant to this subchapter shall, unless otherwise provided by
    law, be administered by the Secretary of the Interior under rules
    and regulations prescribed by him to conserve and protect migratory
    birds in accordance with treaty obligations with Mexico, Canada,
    Japan, and the Union of Soviet Socialist Republics, and other
    species of wildlife found thereon, including species that are
    listed pursuant to section 1533 of this title as endangered species
    or threatened species, and to restore or develop adequate wildlife
    habitat.
    (b) Management and public and private agency agreements
      authorization
      In administering such areas, the Secretary is authorized to
    manage timber, range, and agricultural crops; to manage other
    species of animals, including but not limited to fenced range
    animals, with the objectives of perpetuating, distributing, and
    utilizing the resources; and to enter into agreements with public
    and private agencies.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 10, 45 Stat. 1224; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Pub. L. 89-669, Sec. 7(b), Oct. 15, 1966, 80 Stat. 929; Pub. L. 93-
    205, Sec. 13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 95-616, Sec.
    5(b), Nov. 8, 1978, 92 Stat. 3114.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-616 provided for treaty
    obligations with Japan and the Union of Soviet Socialist Republics.
      1973 - Subsec. (a). Pub. L. 93-205 substituted "listed pursuant
    to section 1533 of this title as endangered species or threatened
    species," for "threatened with extinction,".
      1966 - Subsecs. (a), (b). Pub. L. 89-669 added subsecs. (a) and
    (b). Former paragraph prohibited acts on acquired areas and is now
    covered by section 668dd(c) and (d)(1) of this title.

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as a note under section 1531 of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715j                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715j. "Migratory birds" defined

-STATUTE-
      For the purposes of this subchapter and the Migratory Bird Treaty
    Act (16 U.S.C. 703 et seq.), migratory birds are those defined as
    such by the treaty between the United States and Great Britain for
    the protection of migratory birds concluded August 16, 1916 (39
    Stat. 1702), the treaty between the United States and the United
    Mexican States for the protection of migratory birds and game
    mammals concluded February 7, 1936 (50 Stat. 1311), the Convention
    between the Government of the United States of America and the
    Government of Japan for the Protection of Migratory Birds and Birds
    in Danger of Extinction, and their Environment concluded March 4,
    1972, and the Convention between the United States and the Union of
    Soviet Socialist Republics for the Conservation of Migratory Birds
    and their Environment concluded November 19, 1976.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 11, 45 Stat. 1224; Pub. L. 89-669,
    Sec. 7(c), Oct. 15, 1966, 80 Stat. 930; Pub. L. 95-616, Sec. 5(c),
    Nov. 8, 1978, 92 Stat. 3114.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Migratory Bird Treaty Act, referred to in text, is act July
    3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
    generally to subchapter II (Sec. 703 et seq.) of this chapter. For
    complete classification of this Act to the Code, see section 710 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-616 defined migratory birds for purposes of the
    Migratory Bird Treaty Act and to include those defined in the
    Convention of Mar. 4, 1972, concluded with Government of Japan and
    the Convention of Nov. 19, 1976, concluded with Union of Soviet
    Socialist Republics.
      1966 - Pub. L. 89-669 inserted "(39 Stat. 1702)" and defined
    migratory birds to include those defined in the Treaty of Feb. 7,
    1936 (50 Stat. 1311) with the United Mexican States.

-End-



-CITE-
    16 USC Sec. 715k                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k. Authorization of appropriations for purposes of
      subchapter; disposal; reservation protectors

-STATUTE-
      For the acquisition, including the location, examination, and
    survey, of suitable areas of land, water, or land and water, for
    use as migratory bird reservations, and necessary expenses incident
    thereto, and for the administration, maintenance, and development
    of such areas and other preserves, reservations, or breeding
    grounds frequented by migratory birds and under the administration
    of the Secretary of the Interior, including the construction of
    dams, dikes, ditches, flumes, spillways, buildings, and other
    necessary improvements, and for the elimination of the loss of
    migratory birds from alkali poisoning, oil pollution of waters, or
    other causes, for cooperation with local authorities in wildlife
    conservation, for investigations and publications relating to North
    American birds, for personal services, printing, engraving, and
    issuance of circulars, posters, and other necessary matter and for
    the enforcement of the provisions of this subchapter, there are
    hereby authorized to be appropriated, in addition to all other
    amounts authorized by law to be appropriated, $200,000 for the
    fiscal year ending June 30, 1940, and for each fiscal year
    thereafter. No part of any appropriation authorized by this section
    shall be used for payment of the salary, compensation, or expenses
    of any United States protector, except reservation protectors for
    the administration, maintenance and protection of such reservations
    and the birds thereon: Provided, That reservation protectors
    appointed under the provisions of this subchapter, shall be
    selected, when practicable, from qualified citizens of the State in
    which they are to be employed. The Secretary of the Interior is
    authorized and directed to make such expenditures and to employ
    such means, including personal services in the District of Columbia
    and elsewhere, as may be necessary to carry out the foregoing
    objects.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 12, 45 Stat. 1224; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Pub. L. 89-669, Sec. 7(a), Oct. 15, 1966, 80 Stat. 929.)

-COD-
                               CODIFICATION                           
      Provisions of this section which related to appropriations for
    the fiscal year ending June 30, 1930, to June 30, 1939, were
    omitted.


-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-669 substituted "grounds frequented by
    migratory birds" for "grounds frequented by migratory game birds",
    and "United States protector" for "United States game protector".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715k-1                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k-1. Expenditures for personal services

-STATUTE-
      In the execution of this Act, the Secretary of the Interior is
    authorized to make such expenditures for personal services in the
    District of Columbia and elsewhere as he shall deem necessary.

-SOURCE-
    (June 15, 1935, ch. 261, title VII, Sec. 701, 49 Stat. 384; 1939
    Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
    Stat. 1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, probably means the act of June 15,
    1935, ch. 261, 49 Stat. 378, as amended, which is classified in
    part to certain sections of this subchapter and of subchapter IV of
    this chapter. For complete classification of this Act to the Code,
    see Tables.

-COD-
                               CODIFICATION                           
      Act June 15, 1935, in addition to the provisions set out in the
    text, made an appropriation for the acquisition of lands necessary
    to provide for the restoration, rehabilitation and protection of
    migratory waterfowl and other wildlife and for the erection and
    construction of necessary buildings, dikes, dams, canals, and other
    works.
      Section was not enacted as part of the Migratory Bird
    Conservation Act which comprises this subchapter.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715k-2                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k-2. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 29, 1937, ch. 404, title I, 50 Stat. 421; June
    16, 1938, ch. 464, title I, 52 Stat. 736; June 30, 1939, ch. 253,
    title I, 53 Stat. 965, made an earlier specific appropriation
    available for maintenance and operation of motor-propelled
    passenger-carrying vehicles.

-End-



-CITE-
    16 USC Sec. 715k-3                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k-3. Authorization of appropriations for the preservation
      of wetlands and other waterfowl habitat

-STATUTE-
      In order to promote the conservation of migratory waterfowl and
    to offset or prevent the serious loss of important wetlands and
    other waterfowl habitat essential to the preservation of such
    waterfowl, there is authorized to be appropriated for the period
    beginning on July 1, 1961, and ending when all amounts authorized
    to be appropriated have been expended, not to exceed $200,000,000.

-SOURCE-
    (Pub. L. 87-383, Sec. 1, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90-
    205, Sec. 1(a), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94-215, Sec.
    2(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98-200, Sec. 1, Dec. 2,
    1983, 97 Stat. 1378; Pub. L. 98-548, title I, Sec. 101, Oct. 26,
    1984, 98 Stat. 2774; Pub. L. 99-645, title I, Sec. 101(a), Nov. 10,
    1986, 100 Stat. 3584; Pub. L. 100-653, title III, Sec. 301, Nov.
    14, 1988, 102 Stat. 3827.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Migratory Bird
    Conservation Act which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-653 substituted "when all amounts authorized
    to be appropriated have been expended" for "at the close of
    September 30, 1988".
      1986 - Pub. L. 99-645 substituted "September 30, 1988" for
    "September 30, 1986".
      1984 - Pub. L. 98-548 substituted "September 30, 1986" for
    "September 30, 1984".
      1983 - Pub. L. 98-200 substituted "September 30, 1984" for
    "September 30, 1983".
      1976 - Pub. L. 94-215 substituted "period beginning on July 1,
    1961, and ending at the close of September 30, 1983, not to exceed
    $200,000,000" for "fifteen-year period beginning with fiscal year
    1962, not to exceed $105,000,000".
      1967 - Pub. L. 90-205 substituted "fifteen-year period" for
    "seven-year period".

                                SHORT TITLE                            
      Pub. L. 87-383, which enacted this section and sections 715k-4
    and 715k-5 of this title, is popularly known as the "Wetlands Loan
    Act".

-End-



-CITE-
    16 USC Sec. 715k-4                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k-4. Accounting and use of appropriations

-STATUTE-
      Funds appropriated each fiscal year pursuant to sections 715k-3
    to 715k-5 of this title shall be accounted for, added to, and used
    for purposes of the migratory bird conservation fund (!1)
    established pursuant to section 718d of this title.


-SOURCE-
    (Pub. L. 87-383, Sec. 2, Oct. 4, 1961, 75 Stat. 813.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Migratory Bird
    Conservation Act which comprises this subchapter.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    16 USC Sec. 715k-5                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715k-5. Acquisition of lands

-STATUTE-
      No land shall be acquired with moneys from the migratory bird
    conservation fund (!1) unless the acquisition thereof has been
    approved by the Governor of the State or appropriate State agency.


-SOURCE-
    (Pub. L. 87-383, Sec. 3, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90-
    205, Sec. 1(b), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94-215, Sec.
    2(b), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98-200, Sec. 2, Dec. 2,
    1983, 97 Stat. 1378; Pub. L. 98-548, title I, Sec. 102, Oct. 26,
    1984, 98 Stat. 2774; Pub. L. 99-645, title I, Sec. 101(b), Nov. 10,
    1986, 100 Stat. 3584.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Migratory Bird
    Conservation Act which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-645 struck out first three sentences which read
    as follows: "Funds appropriated pursuant to sections 715k-3 to 715k-
    5 of this title shall be treated as an advance, without interest,
    to the migratory bird conservation fund. Such appropriated funds,
    beginning on October 1, 1986, shall be repaid to the Treasury out
    of the migratory bird conservation fund, such repayment shall be
    made in annual amounts comprising 75 per centum of the moneys
    accruing annually to such fund. In the event the full amount
    authorized by section 715k-3 of this title is appropriated before
    October 1, 1986, the repayment of such funds pursuant to this
    section shall begin with the next full fiscal year."
      1984 - Pub. L. 98-548 substituted "October 1, 1986" for "October
    1, 1984" in two places.
      1983 - Pub. L. 98-200 substituted "October 1, 1984" for "October
    1, 1983" in two places.
      1976 - Pub. L. 94-215 substituted "on October 1, 1983" for "with
    fiscal year 1977", "before October 1, 1983" for "prior to the end
    of the aforesaid fifteen-year period" and "year. No" for "year:
    Provided further, That no".
      1967 - Pub. L. 90-205 made minor structural changes and
    substituted "1977" for "1969" and "fifteen-year period" for "seven-
    year period".

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-



-CITE-
    16 USC Secs. 715l, 715m                                     01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Secs. 715l, 715m. Repealed.

-MISC1-
    Secs. 715l, 715m. Repealed. Pub. L. 89-669, Sec. 7(d), Oct. 15,
      1966, 80 Stat. 930.
      Sections, act Feb. 18, 1929, ch. 257, Secs. 13, 14, 45 Stat.
    1225, related to: execution of provisions, powers and duties of
    United States judges, commissioners and employees of Department of
    the Interior; and penalty for violation of provisions. See section
    668dd(f) and (e) of this title, respectively.

-End-



-CITE-
    16 USC Sec. 715n                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715n. "Take" defined

-STATUTE-
      For the purposes of this subchapter the word "take" shall be
    construed to mean pursue, hunt, shoot, capture, collect, kill, or
    attempt to pursue, hunt, shoot, capture, collect, or kill, unless
    the context otherwise requires.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 15, 45 Stat. 1225.)

-End-



-CITE-
    16 USC Sec. 715o                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715o. National forest and power sites; use for migratory bird
      reservations

-STATUTE-
      Nothing in this subchapter shall be construed as authorizing or
    empowering the Migratory Bird Conservation Commission herein
    created, the Secretary of the Interior, or any other board,
    commission, or officer, to declare, withdraw, or determine, except
    heretofore designated, any part of any national forest or power
    site, a migratory bird reservation under any of the provisions of
    this subchapter, except by and with the consent of the legislature
    of the State wherein such forest or power site is located.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 16, 45 Stat. 1225; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein created, referred to in text, means created by section
    715a of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715p                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715p. Cooperation of State in enforcement of provisions

-STATUTE-
      When any State shall, by suitable legislation, make provision
    adequately to enforce the provisions of this subchapter and all
    regulations promulgated thereunder, the Secretary of the Interior
    may so certify, and then and thereafter said State may cooperate
    with the Secretary of the Interior in the enforcement of this
    subchapter and the regulations thereunder.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 17, 45 Stat. 1225; 1939 Reorg. Plan
    No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.

-End-



-CITE-
    16 USC Sec. 715q                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715q. Expenses of commission; authorization of appropriations

-STATUTE-
      A sum sufficient to pay the necessary expenses of the commission
    and its members, not to exceed an annual expenditure of $7,500, is
    authorized to be appropriated out of any money in the Treasury not
    otherwise appropriated. Said appropriation shall be paid out on the
    audit and order of the chairman of said commission, which audit and
    order shall be conclusive and binding upon the Government
    Accountability Office as to the correctness of the accounts of said
    commission.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 18, 45 Stat. 1225; Pub. L. 87-812,
    Oct. 15, 1962, 76 Stat. 922; Pub. L. 108-271, Sec. 8(b), July 7,
    2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office".
      1962 - Pub. L. 87-812 increased annual expenditures from not more
    than $5,000 to not more than $7,500 and corrected a misspelling of
    "commission".

-End-



-CITE-
    16 USC Sec. 715r                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715r. Partial invalidity; validity of remainder

-STATUTE-
      If any provision of this subchapter or the application thereof to
    any person or circumstance is held invalid the validity of the
    remainder of this subchapter and of the application of such
    provision to other persons and circumstances shall not be affected
    thereby.

-SOURCE-
    (Feb. 18, 1929, ch. 257, Sec. 19, 45 Stat. 1226.)

-End-



-CITE-
    16 USC Sec. 715s                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
    Sec. 715s. Participation of local governments in revenue from areas
      administered by the United States Fish and Wildlife Service

-STATUTE-
    (a) Separate fund in the United States Treasury; availability of
      funds until expended; "National Wildlife Refuge System" defined
      Beginning with the next full fiscal year and for each fiscal year
    thereafter, all revenues received by the Secretary of the Interior
    from the sale or other disposition of animals, salmonoid
    carcassas,(!1) timber, hay, grass, or other products of the soil,
    minerals, shells, sand, or gravel, from other privileges, or from
    leases for public accommodations or facilities incidental to but
    not in conflict with the basic purposes for which those areas of
    the National Wildlife Refuge System were established, during each
    fiscal year in connection with the operation and management of
    those areas of the National Wildlife Refuge System, National Fish
    Hatcheries, or other areas, that are solely or primarily
    administered by him, through the United States Fish and Wildlife
    Service, shall be covered into the United States Treasury and be
    reserved in a separate fund for disposition as hereafter
    prescribed. Amounts in the fund shall remain available until
    expended, and may be expended by the Secretary without further
    appropriation in the manner hereafter prescribed. The National
    Wildlife Refuge System (hereafter referred to as the "system")
    includes those lands and waters administered by the Secretary as
    wildlife refuges, lands acquired or reserved for the protection and
    conservation of fish and wildlife that are listed pursuant to
    section 1533 of this title as endangered species or threatened
    species, wildlife ranges, game ranges, wildlife management areas,
    and waterfowl production areas established under any law,
    proclamation. Executive, or public land order.

    (b) Deduction of expenses
      The Secretary may pay from the fund any necessary expenses
    incurred by him in connection with the revenue-producing and
    revenue-sharing measures.
    (c) Payment to counties
      (1) The Secretary shall pay out the fund, for each fiscal year
    beginning with the fiscal year ending September 30, 1979, to each
    county in which is situated any fee area whichever of the following
    amounts is greater:
        (A) An amount equal to the product of 75 cents multiplied by
      the total acreage of that portion of the fee area which is
      located within such county.
        (B) An amount equal to three-fourths of 1 per centum of the
      fair market value, as determined by the Secretary, of that
      portion of the fee area (excluding any improvements thereto made
      after the date of Federal acquisition) which is located within
      such county.
        (C) An amount equal to 25 per centum of the net receipts
      collected by the Secretary in connection with the operation and
      management of such fee area during such fiscal year; but if a fee
      area is located in two or more counties, the amount each such
      county is entitled to shall be the amount which bears to such 25
      per centum the same ratio as that portion of the fee area acreage
      which is within such county bears to the total acreage of such
      fee area.

      (2) At the end of each fiscal year the Secretary shall pay out of
    the fund for such fiscal year to each county in which any reserve
    area is situated, an amount equal to 25 per centum of the net
    receipts collected by the Secretary in connection with the
    operation and management of such area during such fiscal year:
    Provided, That when any such area is situated in more than one
    county the distributive share to each county from the aforesaid
    receipts shall be proportional to its acreage of such reserve area.
      (3) For purposes of this section, the Commonwealth of Puerto
    Rico, Guam, and the Virgin Islands shall each be treated as a
    county.
      (4)(A) For purposes of determining the fair market value of fee
    areas under paragraph (1)(B), the Secretary shall - 
        (i) appraise before September 30, 1979, all fee areas for which
      payments under this section were not authorized for fiscal years
      occurring before October 1, 1977; and
        (ii) appraise all other fee areas, within five years after
      October 17, 1978, in the order in which such areas were first
      established by the Service.

    After initial appraisal under clause (i) or (ii), each fee area
    shall thereafter be reappraised by the Secretary at least once
    during each five-year period occurring after the date of the
    initial appraisal. Until any fee area referred to in clause (ii) is
    initially appraised under this subparagraph, the fair market value
    of such area shall be deemed to be that adjusted cost of the area
    which was used to determine payments under this subsection for
    fiscal year 1977; and in no case may the amount of any payment to
    any local government under paragraph (1)(B) with respect to any fee
    area be less than the amount paid under paragraph (2)(A) of this
    subsection (as in effect on September 30, 1977) with respect to
    such area.
      (B) The Secretary shall make the determinations required under
    this subsection in such manner as the Secretary considers to be
    equitable and in the public interest. All such determinations shall
    be final and conclusive.
      (5)(A) Each county which receives payments under paragraphs (1)
    and (2) with respect to any fee area or reserve area shall
    distribute, under guidelines established by the Secretary, such
    payments on a proportional basis to those units of local government
    (including, but not limited to, school districts and the county
    itself in appropriate cases) which have incurred the loss or
    reduction of real property tax revenues by reason of the existence
    of such area. In any case in which a unit of local government other
    than the county acts as the collecting and distributing agency for
    real property taxes, the payments under paragraphs (1) and (2)
    shall be made to such other unit which shall distribute the
    payments in accordance with the guidelines.
      (B) The Secretary may prescribe regulations under which payments
    under this paragraph may be made to units of local government in
    cases in which subparagraph (A) will not effect the purposes of
    this paragraph.
      (C) Payments received by units of local government under this
    subsection may be used by such units for any governmental purpose.
    (d) Authorization of appropriations equal to difference between
      amount of net receipts and aggregate amount of required payments
      If the net receipts in the fund which are attributable to revenue
    collections for any fiscal year do not equal the aggregate amount
    of payments required to be made for such fiscal year under
    subsection (c) of this section to counties, there are authorized to
    be appropriated to the fund an amount equal to the difference
    between the total amount of net receipts and such aggregate amount
    of payments.
    (e) Transfer and use of excess of net receipts over aggregate
      amount of required payments
      If the net receipts in the fund which are attributable to revenue
    collections for any fiscal year exceed the aggregate amount of
    payments required to be made for such fiscal year under subsection
    (c) of this section to counties, the amount of such excess shall be
    transferred to the Migratory Bird Conservation Fund for use in the
    acquisition of suitable areas for migratory bird refuges under the
    provisions of the Migratory Bird Conservation Act (16 U.S.C. 715-
    715r).
    (f) Terms, conditions, and regulations for execution of revenue
      producing activities; disposal of animals
      The Secretary shall carry out any revenue producing activity
    referred to in subsection (a)(1), (2), and (3) of this section
    within any fee area or reserve area subject to such terms,
    conditions, or regulations, including sales in the open markets, as
    the Secretary determines to be in the best interest of the United
    States. The Secretary may, in accordance with such regulations as
    the Secretary may prescribe, dispose of animals which are surplus
    to any such area by exchange of the same or other kinds, gift or
    loan to public institutions for exhibition or propagation purposes,
    and for the advancement of knowledge and the dissemination of
    information relating to the conservation of wildlife.
    (g) Definitions
      As used in this section - 
        (1) The term "Secretary" means the Secretary of the Interior.
        (2) The term "fee area" means any area which was acquired in
      fee by the United States and is administered, either solely or
      primarily, by the Secretary through the Service.
        (3) The term "reserve area" means any area of land withdrawn
      from the public domain and administered, either solely or
      primarily, by the Secretary through the Service.
        (4) The term "Service" means the United States Fish and
      Wildlife Service.
        (5) The term "county" means any county, parish, or organized or
      unorganized borough.

-SOURCE-
    (June 15, 1935, ch. 261, title IV, Sec. 401, 49 Stat. 383; 1939
    Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
    Stat. 1433; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5
    F.R. 2108, 54 Stat. 1232; Oct. 31, 1951, ch. 654, Sec. 2(13), 65
    Stat. 707; Pub. L. 88-523, Aug. 30, 1964, 78 Stat. 701; Pub. L. 89-
    669, Sec. 8(b), Oct. 15, 1966, 80 Stat. 930; Pub. L. 93-205, Sec.
    13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 93-509, Sec. 4, Dec. 3,
    1974, 88 Stat. 1603; Pub. L. 95-469, Sec. 1(a), Oct. 17, 1978, 92
    Stat. 1319; Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.
    1068.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Beginning with the next full fiscal year and for each fiscal year
    thereafter, referred to in subsec. (a), probably means the next
    full fiscal year following Aug. 30, 1964, the date of enactment of
    Pub. L. 88-523, which amended this section.
      The Migratory Bird Conservation Act, referred to in subsec. (e),
    is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
    classified generally to this subchapter. For complete
    classification of this Act to the Code, see section 715 of this
    title and Tables.

-COD-
                               CODIFICATION                           
      The reference in subsec. (f) to "revenue producing activity
    referred to in subsection (a)(1), (2), and (3) of this section",
    enacted as an amendment to subsec. (f) by section 1(a)(3) of Pub.
    L. 95-469, is a reference to the proposed amendment as set out on
    pg. 1 of House Report No. 95-1197 of the 95th Congress, 2d Session,
    May 15, 1978, and reading in part:
      "(a) All revenues received during each fiscal year by the
    Secretary in connection with the operation and management of fee
    areas and reserve areas from - 
        "(1) the sale or disposition of animals, salmonoid carcasses,
      products of the soil (including, but not limited to, timber, hay,
      and grass), minerals (including, but not limited to, crude
      petroleum and natural gas), shells, sand, and gravel;
        "(2) leases for public accommodations or facilities incidental
      to, but not in conflict with, the major purposes of such areas;
      and
        "(3) other privileges;
    shall be covered" which was not enacted by the Congress but subsec.
    (a) was amended as provided in the 1978 Amendment note below.
      Section was not enacted as part of the "Migratory Bird
    Conservation Act" which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1982 - Subsec. (h). Pub. L. 97-258 struck out subsec. (h) which
    had provided for administration of payments to local governments
    for entitlement lands, reserve areas as entitlement lands, and
    payments received by any unit of local government to be deemed
    payments under specified provisions. See sections 6901 and 6903 of
    Title 31, Money and Finance.
      1978 - Subsec. (a). Pub. L. 95-469, Sec. 1(a)(1), authorized the
    separate fund in the United States Treasury to include revenues
    from sale or other disposition of salmonoid carcasses and extended
    the operation and management provision to areas of National Fish
    Hatcheries and other areas administered by the Secretary.
      Subsec. (b). Pub. L. 95-469, Sec. 1(a)(2), substituted "revenue-
    producing and revenue-sharing measures" for "revenue-producing
    measures set forth in subsection (a) of this section".
      Subsec. (c). Pub. L. 95-469, Sec. 1(a)(3), in revising subsec.
    (c), substituted pars. (1) to (5) for prior text consisting of:
    introductory text authorizing expenditures solely for benefit of
    public schools and roads, now covered in par. (5)(C); par. (1) of
    first sentence, now included in par. (2); par. (2) of first
    sentence, now covered in pars. (1)(B), (C) and (4) in part; and
    second sentence now incorporated in par. (4)(B).
      Subsec. (d). Pub. L. 95-469, Sec. 1(a)(3), substituted provision
    for authorization of appropriations equal to difference between
    amount of net receipts and aggregate amount of required payments
    for prior provision limiting amount payable to the counties to
    amount of net receipts in the fund for any fiscal year and a
    proportionate reduction of payments when net receipts are
    insufficient for aggregate amount of payments for any fiscal year.
      Subsec. (e). Pub. L. 95-469, Sec. 1(a)(3), in revising subsec.
    (e), substituted provision authorizing use of surplus funds for
    acquisition of suitable areas for migratory bird refuges for prior
    provision making remaining funds available for such land
    acquisition and eliminated provision prohibiting funds available
    for the Management of the National Wildlife Refuge System or for
    enforcement of the Migratory Bird Treaty Act from being diminished
    by the amendments made by Pub. L. 93-509 to this subsection unless
    by specific congressional enactment.
      Subsec. (f). Pub. L. 95-469, Sec. 1(a)(3), substituted "The
    Secretary shall carry out any revenue producing activity referred
    to in subsection (a)(1), (2), and (3) of this section within any
    fee area or reserve area subject to such terms, conditions, or
    regulations, including sales in the open markets, as the Secretary
    determines to be in the best interest of the United States." for
    "The disposition or sale of surplus animals, minerals, and other
    products, the grant of privileges, and the carrying out of any
    other activities that result in the collection of revenues within
    any areas of the System may be accomplished upon such terms,
    conditions, or regulations, including sale in the open markets, as
    the Secretary shall determine to be in the best interest of the
    United States." and reenacted substance of second sentence, setting
    out provision for regulations at beginning rather than end of
    sentence.
      Subsec. (g). Pub. L. 95-469, Sec. 1(a)(3), substituted
    definitions of certain terms for prior provision for supersedure by
    Pub. L. 88-523 of repealed paragraph of "Management of National
    Wildlife Refuges" in the General Appropriation Act, 1951, approved
    Sept. 6, 1950 (64 Stat. 595, 693 to 694).
      Subsec. (h). Pub. L. 95-469, Sec. 1(a)(4), added subsec. (h).
      1974 - Subsec. (e). Pub. L. 93-509 substituted provisions that
    moneys remaining in the fund after all payments under this section
    are made for any fiscal year shall be transferred to the Migratory
    Bird Conservation Fund and shall be available for land acquisition
    under the Migratory Bird Conservation Act with exception that the
    funds available for the management of the National Wildlife Refuge
    System or for enforcement of the Migratory Bird Treaty Act shall
    not be diminished for provisions that moneys remaining in the fund
    after all payments are made for any fiscal year may be used by the
    Secretary thereafter for management of the System, including but
    not limited to the construction, improvement, repair, and
    alteration of buildings, roads, and other facilities, and for
    enforcement of the Migratory Bird Treaty Act.
      1973 - Subsec. (a). Pub. L. 93-205 substituted "listed pursuant
    to section 1533 of this title as endangered species or threatened
    species," for "threatened with extinction,".
      1966 - Subsec. (a). Pub. L. 89-669 defined the National Wildlife
    Refuge System to include lands acquired or reserved for the
    protection and conservation of fish and wildlife that are
    threatened with extinction.
      1964 - Pub. L. 88-523 substituted provisions designated as
    subsecs. (a) to (g) for former provisions constituting one
    paragraph consisting of a first clause with three provisos and a
    second clause; required in subsec. (a) all receipts from the
    National Wildlife Refuge System to be covered into a separate fund
    in the United States Treasury, made the fund available until
    expended, provided for expenditures without further appropriation,
    and defined the National Wildlife Refuge System; incorporated the
    third proviso of the first clause and the second clause in subsec.
    (b) and the parenthetical matter of subsec. (c); incorporated in
    the reserved public lands provision of subsec. (c)(1) the formula
    of the first clause for returning twenty-five per centum of the net
    revenues from the System to the counties in which the producing
    refuges are located for the benefit of the public schools and roads
    therein; incorporated the first proviso of the first clause in
    subsec. (c)(1) proviso; substituted subsec. (c)(2) providing an
    option plan for payment of either 25 per centum of the net receipts
    from lands acquired in fee by the United States to the counties in
    which such acquired lands are located or three-fourths of 1 per
    centum of the adjusted cost of the acquired lands, whichever is
    higher, for the formula of the first clause for returning 25 per
    centum of the revenues; inserted provisions of subsecs. (d), (e),
    and (g); and incorporated the second proviso of the first clause in
    subsec. (f).
      1951 - Act Oct. 31, 1951, in second proviso, inserted reference
    to application regulations of the Federal Property and
    Administrative Services Act of 1949, as amended, and, in third
    proviso, inserted reference to section 485 of Title 40.

     EFFECTIVE DATE OF 1978 AMENDMENT; FISCAL YEAR OF AVAILABILITY OF
                        APPROPRIATION AUTHORIZATION
      Section 2 of Pub. L. 95-469 provided that: "The amendments made
    by this Act [amending this section and sections 1603, 1605 and 1606
    of former Title 31, Money and Finance], shall apply with respect to
    payments made to counties under title IV of the Act of June 15,
    1935 [this section], for the fiscal year ending September 30, 1979,
    and for fiscal years thereafter; except that the amendments made to
    such title IV [this section] which amend section 401(a) and (g),
    add paragraph (4) to section 401(c) [subsecs. (a) and (g), and
    (c)(4) of this section], and amend the title heading [of this
    section] shall take effect on the date of the enactment of this Act
    [Oct. 17, 1978]. No authorization for appropriation shall be
    available under this Act before the fiscal year ending September
    30, 1980."

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as an Effective Date note under
    section 1531 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
      Reorg. Plan No. III of 1940, set out in the Appendix to Title 5,
    consolidated Bureau of Fisheries and Bureau of Biological Survey,
    with their respective functions, into one agency in Department of
    the Interior to be known as the Fish and Wildlife Service.
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 715a of this title.


-MISC2-
                          REFUGE REVENUE SHARING                      
      Pub. L. 105-83, title I, Sec. 132, Nov. 14, 1997, 111 Stat. 1570,
    provided that: "Notwithstanding any other provision of law,
    hereafter the United States Fish and Wildlife Service may disburse
    to local entities impact funding pursuant to Refuge Revenue Sharing
    that is associated with Federal real property transferred to the
    United States Geological Survey from the United States Fish and
    Wildlife Service."

-FOOTNOTE-
    (!1) So in original. Probably should be "carcasses,".


-End-


-CITE-
    16 USC SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX    01/03/2007 

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
            SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX        

-End-



-CITE-
    16 USC Sec. 718                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718. Repealed.

-MISC1-
    Sec. 718. Repealed. Pub. L. 109-266, Sec. 10(h), Aug. 3, 2006, 120
      Stat. 677.
      Section, act Mar. 16, 1934, ch. 71, Sec. 9, 48 Stat. 452, defined
    subchapter terms.

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-266, Sec. 1, Aug. 3, 2006, 120 Stat. 670, provided
    that: "This Act [enacting sections 718g to 718j of this title,
    amending sections 718a to 718f of this title, repealing this
    section and former sections 718g, 718h, and 718j of this title, and
    enacting provisions set out as notes under this section] may be
    cited as the 'Electronic Duck Stamp Act of 2005'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-269, Sec. 1, Oct. 19, 1998, 112 Stat. 2381, provided
    that: "This Act [amending section 718d of this title] may be cited
    as the 'Migratory Bird Hunting and Conservation Stamp Promotion
    Act'."

                                SHORT TITLE                            
      Act Mar. 16, 1934, ch. 71, Sec. 11, as added by Pub. L. 109-266,
    Sec. 10(h), Aug. 3, 2006, 120 Stat. 679, provided that: "This Act
    [enacting this subchapter] may be cited as the 'Migratory Bird
    Hunting and Conservation Stamp Act'."

                    ELECTRONIC DUCK STAMP PILOT PROGRAM                
      Pub. L. 109-266, Secs. 2-9, Aug. 3, 2006, 120 Stat. 670-673,
    provided that:

      "SEC. 2. FINDINGS.
      "Congress finds that - 
        "(1) on March 16, 1934, Congress passed and President Roosevelt
      signed the Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.)
      (popularly known as the 'Duck Stamp Act'), which requires all
      migratory waterfowl hunters 16 years of age or older to buy a
      Federal migratory bird hunting and conservation stamp annually;
        "(2) the Federal Duck Stamp program has become one of the most
      popular and successful conservation programs ever initiated;
        "(3) because of that program, the United States again is
      teeming with migratory waterfowl and other wildlife that benefit
      from wetland habitats;
        "(4) as of the date of enactment of this Act [Aug. 3, 2006],
      1,700,000 migratory bird hunting and conservation stamps are sold
      each year;
        "(5) as of 2003, those stamps have generated more than
      $600,000,000 in revenue that has been used to preserve more than
      5,000,000 acres of migratory waterfowl habitat in the United
      States; and
        "(6) many of the more than 540 national wildlife refuges have
      been paid for wholly or partially with that revenue.

      "SEC. 3. DEFINITIONS.
      "In this Act [see Short Title of 2006 Amendment note above]:
        "(1) Actual stamp. - The term 'actual stamp' means a Federal
      migratory-bird hunting and conservation stamp required under the
      Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.) (popularly
      known as the 'Duck Stamp Act'), that is printed on paper and sold
      through a means in use immediately before the date of enactment
      of this Act [Aug. 3, 2006].
        "(2) Automated licensing system. - 
          "(A) In general. - The term 'automated licensing system'
        means an electronic, computerized licensing system used by a
        State fish and wildlife agency to issue hunting, fishing, and
        other associated licenses and products.
          "(B) Inclusion. - The term 'automated licensing system'
        includes a point-of-sale, Internet, or telephonic system used
        for a purpose described in subparagraph (A).
        "(3) Electronic stamp. - The term 'electronic stamp' means an
      electronic version of an actual stamp that - 
          "(A) is a unique identifier for the individual to whom it is
        issued;
          "(B) can be printed on paper;
          "(C) is issued through a State automated licensing system
        that is authorized, under State law and by the Secretary under
        this Act, to issue electronic stamps;
          "(D) is compatible with the hunting licensing system of the
        State that issues the electronic stamp; and
          "(E) is described in the State application approved by the
        Secretary under section 4(b).
        "(4) Secretary. - The term 'Secretary' means the Secretary of
      the Interior.

      "SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.
      "(a) Requirement To Conduct Program. - The Secretary shall
    conduct a 3-year pilot program under which up to 15 States
    authorized by the Secretary may issue electronic stamps.
      "(b) Commencement and Duration of Program. - The Secretary shall -
     
        "(1) use all means necessary to expeditiously implement this
      section by the date that is 1 year after the beginning of the
      first full Federal migratory waterfowl hunting season after the
      date of enactment of this Act [Aug. 3, 2006]; and
        "(2) carry out the pilot program for 3 Federal migratory
      waterfowl hunting seasons.
      "(c) Consultation. - The Secretary shall carry out the program in
    consultation with State management agencies.

      "SEC. 5. STATE APPLICATION.
      "(a) Approval of Application Required. - A State may not
    participate in the pilot program under this Act unless the
    Secretary has received and approved an application submitted by the
    State in accordance with this section.
      "(b) Contents of Application. - The Secretary may not approve a
    State application unless the application contains - 
        "(1) a description of the format of the electronic stamp that
      the State will issue under the pilot program, including
      identifying features of the licensee that will be specified on
      the stamp;
        "(2) a description of any fee the State will charge for
      issuance of an electronic stamp;
        "(3) a description of the process the State will use to account
      for and transfer to the Secretary the amounts collected by the
      State that are required to be transferred to the Secretary under
      the program;
        "(4) the manner by which the State will transmit electronic
      stamp customer data to the Secretary;
        "(5) the manner by which actual stamps will be delivered;
        "(6) the policies and procedures under which the State will
      issue duplicate electronic stamps; and
        "(7) such other policies, procedures, and information as may be
      reasonably required by the Secretary.
      "(c) Publication of Deadlines, Eligibility Requirements, and
    Selection Criteria. - Not later than 30 days before the date on
    which the Secretary begins accepting applications for participation
    in the pilot program, the Secretary shall publish - 
        "(1) deadlines for submission of applications to participate in
      the program;
        "(2) eligibility requirements for participation in the program;
      and
        "(3) criteria for selecting States to participate in the
      program.

      "SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.
      "(a) Delivery of Actual Stamp. - The Secretary shall require that
    each individual to whom a State sells an electronic stamp under the
    pilot program shall receive an actual stamp - 
        "(1) by not later than the date on which the electronic stamp
      expires under section 7(c); and
        "(2) in a manner agreed upon by the State and Secretary.
      "(b) Collection and Transfer of Electronic Stamp Revenue and
    Customer Information. - 
        "(1) Requirement to transmit. - The Secretary shall require
      each State participating in the pilot program to collect and
      submit to the Secretary in accordance with this section - 
          "(A) the first name, last name, and complete mailing address
        of each individual that purchases an electronic stamp from the
        State;
          "(B) the face value amount of each electronic stamp sold by
        the State; and
          "(C) the amount of the Federal portion of any fee required by
        the agreement for each stamp sold.
        "(2) Time of transmittal. - The Secretary shall require the
      submission under paragraph (1) to be made with respect to sales
      of electronic stamps by a State occurring in a month - 
          "(A) by not later than the 15th day of the subsequent month;
        or
          "(B) as otherwise specified in the application of the State
        approved by the Secretary under section 5.
        "(3) Additional fees not affected. - This section shall not
      apply to the State portion of any fee collected by a State under
      subsection (c).
      "(c) Electronic Stamp Issuance Fee. - A State participating in
    the pilot program may charge a reasonable fee to cover costs
    incurred by the State and the Department of the Interior in issuing
    electronic stamps under the program, including costs of delivery of
    actual stamps.
      "(d) Duplicate Electronic Stamps. - A State participating in the
    pilot program may issue a duplicate electronic stamp to replace an
    electronic stamp issued by the State that is lost or damaged.
      "(e) Limitation on Authority To Require Purchase of State
    License. - A State may not require that an individual purchase a
    State hunting license as a condition of issuing an electronic stamp
    under the pilot program.

      "SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC
        STAMP.
      "(a) Stamp Requirements. - The Secretary shall require an
    electronic stamp issued by a State under the pilot program - 
        "(1) to have the same format as any other license, validation,
      or privilege the State issues under the automated licensing
      system of the State; and
        "(2) to specify identifying features of the licensee that are
      adequate to enable Federal, State, and other law enforcement
      officers to identify the holder.
      "(b) Recognition of Electronic Stamp. - Any electronic stamp
    issued by a State under the pilot program shall, during the
    effective period of the electronic stamp - 
        "(1) bestow upon the licensee the same privileges as are
      bestowed by an actual stamp;
        "(2) be recognized nationally as a valid Federal migratory bird
      hunting and conservation stamp; and
        "(3) authorize the licensee to hunt migratory waterfowl in any
      other State, in accordance with the laws of the other State
      governing that hunting.
      "(c) Duration. - An electronic stamp issued by a State under the
    pilot program shall be valid for a period agreed to by the State
    and the Secretary, which shall not exceed 45 days.

      "SEC. 8. TERMINATION OF STATE PARTICIPATION.
      "Participation by a State in the pilot program may be terminated -
     
        "(1) by the Secretary, if the Secretary - 
          "(A) finds that the State has violated any of the terms of
        the application of the State approved by the Secretary under
        section 5; and
          "(B) provides to the State written notice of the termination
        by not later than the date that is 30 days before the date of
        termination; or
        "(2) by the State, by providing written notice to the Secretary
      by not later than the date that is 30 days before the termination
      date.

      "SEC. 9. EVALUATION.
      "(a) Evaluation. - The Secretary, in consultation with State fish
    and wildlife management agencies and appropriate stakeholders with
    expertise specific to the duck stamp program, shall evaluate the
    pilot program and determine whether the pilot program has provided
    a cost-effective and convenient means for issuing migratory-bird
    hunting and conservation stamps, including whether the program has -
     
        "(1) increased the availability of those stamps;
        "(2) assisted States in meeting the customer service objectives
      of the States with respect to those stamps;
        "(3) maintained actual stamps as an effective and viable
      conservation tool; and
        "(4) maintained adequate retail availability of the actual
      stamp.
      "(b) Report. - The Secretary shall submit to Congress a report on
    the findings of the Secretary under subsection (a)."

-End-



-CITE-
    16 USC Sec. 718a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718a. Prohibition on taking

-STATUTE-
    (a) Prohibition
      (1) In general
        Except as provided in paragraph (2), no individual who has
      attained the age of 16 years shall take any migratory waterfowl
      unless, at the time of the taking, the individual carries on the
      person of the individual a valid Migratory Bird Hunting and
      Conservation Stamp, validated by the signature of the individual
      written in ink across the face of the stamp prior to the time of
      the taking by the individual of the waterfowl.
      (2) Exception
        No stamp described in paragraph (1) shall be required for the
      taking of migratory waterfowl - 
          (A) by Federal or State agencies;
          (B) for propagation; or
          (C) by the resident owner, tenant, or sharecropper of the
        property, or officially designated agencies of the Department
        of the Interior, for the killing, under such restrictions as
        the Secretary may by regulation prescribe, of such waterfowl
        when found damaging crops or other property.
    (b) Display of stamp
      Any individual to whom a stamp has been sold under this
    subchapter shall, upon request, display the stamp for inspection to
    - 
        (1) any officer or employee of the Department of the Interior
      who is authorized to enforce this subchapter; or
        (2) any officer of any State or political subdivision of a
      State authorized to enforce State game laws.
    (c) Other licenses
      Nothing in this section requires any individual to affix the
    Migratory Bird Hunting and Conservation Stamp to any other license
    prior to taking 1 or more migratory waterfowl.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 1, 48 Stat. 451; June 15, 1935, ch.
    261, title I, Sec. 1, 49 Stat. 378; 1939 Reorg. Plan No. II, Sec.
    4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956,
    ch. 782, Sec. 1, 70 Stat. 722; Pub. L. 94-215, Sec. 3(a), Feb. 17,
    1976, 90 Stat. 189; Pub. L. 109-266, Sec. 10(a), Aug. 3, 2006, 120
    Stat. 674.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266 amended section generally. Prior to
    amendment, section related to hunting and conservation stamp for
    taking migratory waterfowl.
      1976 - Pub. L. 94-215 substituted "hunting and conservation
    stamp" for "hunting stamp" in first sentence.
      1956 - Act July 30, 1956, substituted "no person who has attained
    the age of sixteen years", for "no person over sixteen years of
    age".
      1935 - Act June 15, 1935, substituted "validated by his signature
    written by himself in ink across the face of the stamp prior to his
    taking such birds" for "issued to him in the manner hereinafter
    provided," and struck out provisions which authorized the Secretary
    of Agriculture to adopt and promulgate regulations for the
    protection of private property in the injury of crops.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,
    Government Organization and Employees, transferred functions of
    Secretary of Agriculture relating to conservation of wildlife,
    game, and migratory birds to Secretary of the Interior.

-End-



-CITE-
    16 USC Sec. 718b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718b. Sales; fund disposition; unsold stamps

-STATUTE-
    (a) Sales
      (1) In general
        The stamps required under section 718a of this title shall be
      sold by the Postal Service and may be sold by the Department of
      the Interior, pursuant to regulations promulgated jointly by the
      Postal Service and the Secretary, at - 
          (A) any post office; and
          (B) such other establishments, facilities, or locations as
        the Postal Service or the Secretary (or a designee) may direct
        or authorize.
      (2) Proceeds
        The funds received from the sale of stamps under this
      subchapter by the Department of the Interior shall be deposited
      in the Migratory Bird Conservation Fund in accordance with
      section 718d of this title.
      (3) Minimum and maximum values
        Except as provided in subsection (b), the Postal Service shall
      collect the full face value of each stamp sold under this section
      for the applicable hunting year.
      (4) Validity
        No stamp sold under this subchapter shall be valid under any
      circumstances to authorize the taking of migratory waterfowl
      except - 
          (A) in compliance with Federal and State laws (including
        regulations);
          (B) on the condition that the individual so taking the
        waterfowl wrote the signature of the individual in ink across
        the face of the stamp prior to the taking; and
          (C) during the hunting year for which the stamp was issued.
      (5) Unused stamps
        (A) Definition of retail dealer
          In this paragraph, the term "retail dealer" means - 
            (i) any individual or entity that is regularly engaged in
          the business of retailing hunting or fishing equipment; and
            (ii) any individual or entity duly authorized to act as an
          agent of a State or political subdivision of a State for the
          sale of State or county hunting or fishing licenses.
        (B) Redemption of unused stamps
          The Department of the Interior, pursuant to regulations
        promulgated by the Secretary, shall provide for the redemption,
        on or before the 30th day of June of each year, of unused
        stamps issued for the year under this subchapter that - 
            (i) were sold on consignment to any person authorized by
          the Secretary to sell stamps on consignment (including retail
          dealers for resale to customers); and
            (ii) have not been resold by any such person.
      (6) Prohibition on certain stamp sales
        The Postal Service shall not - 
          (A) sell on consignment any stamps issued under this
        subchapter to any individual, business, or organization; or
          (B) redeem stamps issued under this subchapter that are sold
        on consignment by the Secretary (or any agent of the
        Secretary).
    (b) Cost of stamps
      The Postal Service shall collect $10.00 for each stamp sold under
    the provisions of this section for hunting years 1987 and 1988,
    $12.50 for hunting years 1989 and 1990, and $15.00 for each hunting
    year thereafter, if the Secretary determines, at any time before
    February 1 of the calendar year in which such hunting year begins,
    that all sums in the Migratory Bird Conservation Fund available for
    obligation and attributable to - 
        (1) amounts appropriated pursuant to this subchapter for the
      fiscal year ending in the immediately preceding calendar year;
      and
        (2) the sale of stamps under this section during such fiscal
      year

    have been obligated for expenditure.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 2, 48 Stat. 451; June 15, 1935, ch.
    261, title I, Sec. 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, Sec. 1,
    63 Stat. 599; July 30, 1956, ch. 782, Secs. 2, 3(c), formerly Sec.
    3(b), 70 Stat. 722, renumbered Pub. L. 109-266, Sec. 10(i)(1), Aug.
    3, 2006, 120 Stat. 679; Pub. L. 85-585, Sec. 1, Aug. 1, 1958, 72
    Stat. 486; Pub. L. 92-214, Secs. 1, 2, Dec. 22, 1971, 85 Stat. 777;
    Pub. L. 94-215, Sec. 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub.
    L. 94-273, Sec. 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95-552,
    Sec. 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95-616, Sec. 7(a),
    Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99-625, Sec. 3, Nov. 7, 1986,
    100 Stat. 3502; Pub. L. 99-645, title II, Sec. 202, Nov. 10, 1986,
    100 Stat. 3586; Pub. L. 109-266, Sec. 10(b), (c), Aug. 3, 2006, 120
    Stat. 674, 675.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266, Sec. 10(b), inserted section catchline.
      Subsec. (a). Pub. L. 109-266, Sec. 10(b), added subsec. (a) and
    struck out former subsec. (a) which related to issuance and sale of
    stamps, fund disposition, and unsold stamps.
      Subsec. (b). Pub. L. 109-266, Sec. 10(c)(4), which directed
    amendment of par. (2) by striking "For purposes" and all that
    follows through "of any such year.", was executed by striking "For
    purposes of this section, the term 'hunting year' means the 12-
    month period beginning on July 1 of any such year." at the end of
    the concluding provisions following par. (2), to reflect the
    probable intent of Congress.
      Pub. L. 109-266, Sec. 10(c)(1)-(3), inserted heading and
    substituted "Secretary" for "Secretary of the Interior" and
    "Migratory Bird Conservation Fund" for "migratory bird conservation
    fund" in introductory provisions.
      1986 - Subsec. (b). Pub. L. 99-645, Sec. 202(1), (2), in
    introductory provisions, substituted "$10.00 for each stamp sold
    under the provisions of this section for hunting years 1987 and
    1988, $12.50 for hunting years 1989 and 1990, and $15.00 for each
    hunting year thereafter, if" for "$7.50 for each stamp sold under
    the provisions of this section for any hunting year if".
      Pub. L. 99-625 and Pub. L. 99-645, Sec. 202(3), amended subsec.
    (b) identically, inserting "available for obligation" before
    "attributable to".
      1978 - Subsec. (a). Pub. L. 95-616 substituted "June" for
    "September" in sixth sentence.
      Pub. L. 95-552, Sec. 1(1), (2), designated existing provisions as
    subsec. (a), inserted in third sentence introductory text "Except
    as provided in subsection (b) of this section," and "for any
    hunting year" before "there shall be collected".
      Subsec. (b). Pub. L. 95-552, Sec. 1(3), added subsec. (b).
      1976 - Pub. L. 94-273 substituted "the year" for "the fiscal
    year" and "each year" for "each fiscal year".
      Pub. L. 94-215 authorized sale of stamps by the Department of the
    Interior, substituted provision for prescription of regulations
    jointly by the Postal Service and the Secretary of the Interior for
    prior provision for such prescription by the Postal Service and
    provision for sale of stamps at any establishment, facility, or
    location as the Postal Service and the Secretary of the Interior
    shall direct and authorize for prior provision for sale of stamps
    at such post offices other than first- and second-class post
    offices as the Postal Service shall direct and inserted provision
    respecting deposit of funds from sale of stamps by the Department
    of the Interior in the migratory bird conservation fund; and
    substituted "September" for "June" in relation to redemption of
    blocks of stamps, designated existing provisions as cls. (A) and
    (B), and substituted "consignment to any person, including, but not
    limited to, "retail dealers" for "consignment to retail dealers" in
    cl. (A) and "by any such person" for "by such dealers" in cl. (B),
    respectively.
      1971 - Pub. L. 92-214 substituted "Postal Service" for "Post
    Office Department" and "Postmaster General" and inserted provisions
    authorizing the collection of up to $5 for each stamp sold to be
    determined by the Secretary of the Interior after taking into
    consideration, among other matters, the increased cost of lands
    needed for the conservation of migratory birds.
      1958 - Pub. L. 85-585 increased cost of stamp from $2 to $3.
      1956 - Act July 30, 1956, Sec. 2, struck out in existing next to
    last sentence requirement that stamps remaining unsold by the Post
    Office Department subsequent to becoming void after the 30th day of
    June next succeeding issuance be destroyed, substituted provisions
    in existing last sentence relating to redemption of blocks of
    unused stamps sold on consignment to retail dealers for resale to
    their customers, for provisions prohibiting the redemption by the
    Department in cash or kind of stamps sold under this Act, and
    inserted sentence defining "retail dealers". For further amendment
    of next to last sentence of this section, see section 3(c) of act
    July 30, 1956, set out below.
      Act July 30, 1956, Sec. 3(c), formerly Sec. 3(b), as renumbered
    by Pub. L. 109-266, Sec. 10(i)(1), substituted provisions in fourth
    sentence authorizing use as migratory-bird stamps only during
    fiscal year for which issued, for provisions requiring stamps to
    expire and be void after the 30th day of June next succeeding
    issuance. Amendment of fourth sentence by section 3(c) further
    amends amendments made to next to last sentence by section 2 of act
    July 30, 1956, as set out above.
      1949 - Act Aug. 12, 1949, increased cost of stamp from $1 to $2.
      1935 - Act June 15, 1935, amended section generally.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Pub. L. 85-585, Sec. 4, Aug. 1, 1958, 72 Stat. 487, provided
    that: "The amendment made by the first section of this Act
    [amending this section] shall become effective on July 1, 1959. The
    amendment made by section 2 of this Act [amending section 718d of
    this title] making available the net proceeds of all moneys
    received in the migratory bird conservation fund for the location,
    ascertainment, and acquisition of Waterfowl Production Areas and
    suitable areas for migratory bird refuges shall become effective on
    July 1, 1960. The remaining amendments made by this Act [amending
    section 718d of this title] shall become effective on the date of
    the enactment of this Act [Aug. 1, 1958]. Any unobligated balance
    remaining in the migratory bird conservation fund on June 30, 1960,
    shall thereafter be available for expenditure only for the purposes
    specified in the Migratory Bird Hunting Stamp Act [now Migratory
    Bird Hunting and Conservation Stamp Act] of March 16, 1934 [this
    subchapter], as amended by this Act."

                          SPENDING OF STAMP MONEY                      
      Section 1 of act Aug. 12, 1949, provided in part: "That the
    moneys derived from the sale of such stamps shall be spent only
    upon specific appropriation by the Congress."

-End-



-CITE-
    16 USC Sec. 718b-1                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718b-1. Disposition of unsold stamps

-STATUTE-
    (a) Disposition of unsold stamps
      A Migratory Bird Hunting and Conservation Stamp shall be
    transferred to the Postal Service or the Secretary of the Interior
    (or a designee) for sale to a collector if the stamp - 
        (1) has not been sold by the end of the hunting year (as that
      term is defined in section 718j of this title) during which the
      stamp is issued; and
        (2) as determined by the Postal Service or the Secretary of the
      Interior - 
          (A) is appropriate to supply a market for sale to collectors;
        and
          (B) is in suitable condition for sale to a collector.
    (b) Surplus stock
      The Postal Service or the Secretary of the Interior may destroy
    any surplus stock of Migratory Bird Hunting and Conservation Stamps
    at such time and in such manner as the Postal Service or the
    Secretary of the Interior determines to be appropriate.

-SOURCE-
    (July 30, 1956, ch. 782, Sec. 3(a), (b), formerly Sec. 3(a), 70
    Stat. 722; Pub. L. 92-214, Sec. 3, Dec. 22, 1971, 85 Stat. 777;
    renumbered Sec. 3(a), (b) and amended Pub. L. 109-266, Sec.
    10(i)(2), Aug. 3, 2006, 120 Stat. 679.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of act Mar. 16, 1934, which
    comprises this subchapter.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3(b) of act July 30, 1956, ch. 782, 70 Stat. 722,
    amended section 718b of this title prior to being redesignated 3(c)
    by section 10(i)(1) of Pub. L. 109-266.

                                AMENDMENTS                            
      2006 - Pub. L. 109-266 inserted section catchline and substituted
    subsecs. (a) and (b) for former text which read: "On or after July
    30, 1956, such quantity of migratory-bird hunting stamps, not sold
    at the end of the fiscal year for which issued, as determined by
    the Postal Service to be (1) required to supply the market for sale
    to collectors, and (2) in suitable condition for such sale to
    collectors, shall be turned over to the Philatelic Agency and
    therein placed on sale. Any surplus stock of such migratory-bird
    hunting stamps may be destroyed in such manner as the Postal
    Service shall direct."
      1971 - Pub. L. 92-214 substituted "Postal Service" for
    "Postmaster General".

-End-



-CITE-
    16 USC Sec. 718c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718c. Authorization and exemption

-STATUTE-
      Nothing in this subchapter shall be construed to authorize any
    person to take any migratory waterfowl otherwise than in accordance
    with regulations adopted and approved pursuant to any treaty or
    convention heretofore or hereafter entered into between the United
    States and any other country for the protection of migratory birds,
    nor to exempt any person from complying with the game laws of the
    several States.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 3, 48 Stat. 451; Pub. L. 95-616, Sec.
    7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 109-266, Sec. 10(d),
    Aug. 3, 2006, 120 Stat. 675.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266 inserted section catchline.
      1978 - Pub. L. 95-616 inserted "or convention" after "treaty".

-End-



-CITE-
    16 USC Sec. 718d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718d. Expenditure of funds

-STATUTE-
    (a) In general
      All funds received for stamps sold under this subchapter shall be
    - 
        (1) accounted for by the Postal Service or the Secretary, as
      appropriate;
        (2) paid into the Treasury of the United States; and
        (3) reserved and set aside as a special fund, to be known as
      the "Migratory Bird Conservation Fund" (referred to in this
      section as the "fund"), to be administered by the Secretary.
    (b) Use of funds
      All funds received into the fund are appropriated for the
    following purposes, to remain available until expended:
      (1) Advance allotments
        So much as may be necessary shall be used by the Secretary for
      engraving, printing, issuing, selling, and accounting for
      Migratory Bird Hunting and Conservation Stamps and moneys
      received from the sale thereof, in addition to expenses for
      personnel services in the District of Columbia and elsewhere, and
      such other expenses as may be necessary in executing the duties
      and functions required of the Postal Service.
      (2) Areas for refuges
        Except as provided in paragraph (3) and subsection (c), the
      remainder shall be available for the location, ascertainment, and
      acquisition of suitable areas for migratory bird refuges under
      the provisions of the Migratory Bird Conservation Act (16 U.S.C.
      715 et seq.) and for the administrative costs incurred in the
      acquisition of such areas.
      (3) Conditions on use of funds
        The Secretary may use funds made available under paragraph (2)
      for the purposes of that paragraph, and such other funds as may
      be appropriated for the purposes of that paragraph or this
      paragraph, to acquire, or defray the expense incident to the
      acquisition by gift, devise, lease, purchase, or exchange of,
      small wetland and pothole areas, interests therein, and rights-of-
      way to provide access thereto. Such small areas, to be
      designated as "Waterfowl Production Areas", may be acquired
      without regard to the limitations and requirements of the
      Migratory Bird Conservation Act (16 U.S.C. 715 et seq.), but all
      of the provisions of such Act which govern the administration and
      protection of lands acquired thereunder, except the inviolate
      sanctuary provisions of such Act, shall be applicable to areas
      acquired pursuant to this paragraph.
    (c) Promotion of stamp sales
      (1) In general
        The Secretary may use funds from the sale of Migratory Bird
      Hunting and Conservation Stamps, not to exceed $1,000,000 in each
      of fiscal years 1999, 2000, 2001, 2002, and 2003, for the
      promotion of additional sales of those stamps, in accordance with
      a Migratory Bird Conservation Commission approved annual
      marketing plan. Such promotion shall include the preparation of
      reports, brochures, or other appropriate materials to be made
      available to the public that describe the benefits to wildlife
      derived from stamp sales.
      (2) Components of report
        The Secretary shall include in each annual report of the
      Commission under section 715b (!1) of this title a description of
      activities conducted under this subsection in the year covered by
      the report.


-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 4, 48 Stat. 451; June 15, 1935, ch.
    261, title I, Secs. 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No.
    II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug.
    12, 1949, ch. 421, Sec. 2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65
    Stat. 451; Pub. L. 85-585, Secs. 2, 3, Aug. 1, 1958, 72 Stat. 486,
    487; Pub. L. 89-669, Sec. 6, Oct. 15, 1966, 80 Stat. 929; Pub. L.
    92-214, Sec. 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94-215, Sec.
    3(d), Feb. 17, 1976, 90 Stat. 190; Pub. L. 105-269, Sec. 2, Oct.
    19, 1998, 112 Stat. 2381; Pub. L. 109-266, Sec. 10(e), Aug. 3,
    2006, 120 Stat. 676.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Migratory Bird Conservation Act, referred to in subsec.
    (b)(2), (3), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as
    amended, which is classified generally to subchapter III (Sec. 715
    et seq.) of chapter 7 of this title. For complete classification of
    this Act to the Code, see section 715 of this title and Tables.
      Section 715b of this title, referred to in subsec. (c)(2), was
    omitted from the Code.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266, Sec. 10(e)(1), (2), inserted section
    catchline, substituted subsec. (a) for introductory provisions
    which read "All moneys received for such stamps shall be accounted
    for by the Postal Service or the Department of the Interior,
    whichever is appropriate, and paid into the Treasury of the United
    States, and shall be reserved and set aside as a special fund to be
    known as the migratory bird conservation fund, to be administered
    by the Secretary of the Interior. All moneys received into such
    fund are appropriated for the following objects and shall be
    available therefor until expended:", inserted subsec. (b)
    designation, heading, and introductory provisions, redesignated
    former subsecs. (a) to (c) as pars. (1) to (3), respectively, of
    subsec. (b), and realigned margins.
      Subsec. (b)(1). Pub. L. 109-266, Sec. 10(e)(3), inserted heading
    and substituted "So much as may be necessary shall be used by the
    Secretary for engraving" for "So much as may be necessary shall be
    used by the Secretary of the Interior to make advance allotments to
    the Postal Service at such times and in such amounts as may be
    mutually agreed upon by the Secretary of the Interior and the
    Postal Service for direct expenditure by the Postal Service for
    engraving", "Migratory Bird Hunting and Conservation Stamps" for
    "migratory bird hunting stamps", "personnel" for "personal", and
    "Postal Service" for "postal service".
      Subsec. (b)(2). Pub. L. 109-266, Sec. 10(e)(4)(B), inserted "(16
    U.S.C. 715 et seq.)" after "Migratory Bird Conservation Act".
      Pub. L. 109-266, Sec. 10(e)(4)(A), which directed amendment of
    par. (2) by substituting heading "Areas for refuges" and text
    "Except as provided in paragraph (3) and subsection (c)" for
    "Except as provided in subsections (c) and (d) of this section",
    was executed by making the substitution for "Except as authorized
    in subsections (c) and (d) of this section" to reflect the probable
    intent of Congress.
      Subsec. (b)(3). Pub. L. 109-266, Sec. 10(e)(5), inserted heading,
    inserted "(16 U.S.C. 715 et seq.)" after "Migratory Bird
    Conservation Act", and substituted "The Secretary may use funds
    made available under paragraph (2) for the purposes of that
    paragraph, and such other funds as may be appropriated for the
    purposes of that paragraph or this paragraph," for "The Secretary
    of the Interior is authorized to utilize funds made available under
    subsection (b) of this section for the purposes of such subsection,
    and such other funds as may be appropriated for the purposes of
    such subsection, or of this subsection," and "pursuant to this
    paragraph" for "pursuant to this subsection".
      Subsec. (c). Pub. L. 109-266, Sec. 10(e)(6), redesignated subsec.
    (d) as (c). Former subsec. (c) redesignated (b)(3).
      Subsec. (c)(1). Pub. L. 109-266, Sec. 10(e)(7)(A), inserted
    heading and substituted "The Secretary may use" for "The Secretary
    of the Interior may utilize" and "Migratory Bird Hunting and
    Conservation Stamps" for "migratory bird hunting and conservation
    stamps".
      Subsec. (c)(2). Pub. L. 109-266, Sec. 10(e)(7)(B), inserted
    heading and substituted "The Secretary" for "The Secretary of the
    Interior".
      Subsec. (d). Pub. L. 109-266, Sec. 10(e)(6), redesignated subsec.
    (d) as (c).
      1998 - Subsecs. (b), (d). Pub. L. 105-269 substituted
    "subsections (c) and (d)" for "subsection (c)" in subsec. (b) and
    added subsec. (d).
      1976 - Pub. L. 94-215 inserted "or the Department of the
    Interior, whichever is appropriate," after "Postal Service" in
    first sentence.
      1971 - Pub. L. 92-214 substituted "Postal Service" for "Post
    Office Department" in introductory provisions and "Postal Service"
    for "Post Office Department" and "Postmaster General" in subsec.
    (a).
      1966 - Subsec. (b). Pub. L. 89-669 struck out provisos relating
    to wildlife management areas and rule making for such areas which
    are now covered by section 668bb(d) (1) of this title.
      1958 - Subsecs. (a), (b). Pub. L. 85-585 earmarked proceeds from
    sale of stamps, less expenses of Post Office Department in
    connection with fish and wildlife matters, for the acquisition of
    migratory bird refuges, and permitted hunting of resident game
    birds in designated wildlife management areas.
      Subsec. (c). Pub. L. 85-585 added subsec. (c).
      1951 - Subsec. (a). Act Oct. 20, 1951, substituted "85 per
    centum" for "90 per centum".
      Subsec. (b). Act Oct. 20, 1951, inserted "in enforcing" after
    "The remainder shall be available for expenses".
      1949 - Subsec. (a). Act Aug. 12, 1949, inserted proviso.
      1935 - Act June 15, 1935, amended section generally.

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      For effective date of amendment by Pub. L. 85-585, see section 4
    of Pub. L. 85-585, set out as a note under section 718b of this
    title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer of functions of Secretary of Agriculture to Secretary of
    the Interior by Reorg. Plan No. II of 1939, see Transfer of
    Functions note set out under section 718a of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    16 USC Sec. 718e                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718e. Loans and transfers, alteration, and reproduction of
      stamps

-STATUTE-
    (a) In general
      No person to whom has been sold a Migratory Bird Hunting and
    Conservation Stamp, validated as provided in section 718a of this
    title, shall loan or transfer such stamp to any person during the
    period of its validity; nor shall any person other than the person
    validating such stamp use it for any purpose during such period.
    (b) Alteration
      Except as provided in clauses (i) and (ii) of section 504(l)(D)
    (!1) of title 18, no person shall alter, mutilate, imitate, or
    counterfeit any stamp authorized by this subchapter, or imitate or
    counterfeit any die, plate, or engraving therefor, or make, print,
    or knowingly use, sell, or have in his possession any such
    counterfeit, die, plate, or engraving.

    (c) Reproduction
      Notwithstanding the provisions of subsection (b) of this section,
    or the prohibition in section 474 of title 18, or other provisions
    of law, the Secretary may authorize, with the concurrence of the
    Secretary of the Treasury,
        (1) the color reproduction, or
        (2) the black and white reproduction,

    of Migratory Bird Hunting and Conservation Stamps authorized by
    sections 718 to 718b, 718c, 718d, and 718f to 718h of this title,
    which otherwise satisfies the requirements of clauses (ii) and
    (iii) of section 504(1) of title 18. Any such reproduction shall be
    subject to those terms and conditions deemed necessary by the
    Secretary by regulation or otherwise and any proceeds received by
    the Federal Government as a result of such reproduction shall be
    paid, after deducting expenses for marketing, into the Migratory
    Bird Conservation Fund established under section 718d of this
    title.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 5, 48 Stat. 452; June 15, 1935, ch.
    261, title I, Sec. 5, 49 Stat. 380; Pub. L. 98-369, div. A, title
    X, Sec. 1077(a), (b)(3), July 18, 1984, 98 Stat. 1054, 1055; Pub.
    L. 100-653, title III, Sec. 302, Nov. 14, 1988, 102 Stat. 3827;
    Pub. L. 109-266, Sec. 10(f), Aug. 3, 2006, 120 Stat. 677.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266, Sec. 10(f)(1), inserted section
    catchline.
      Subsec. (a). Pub. L. 109-266, Sec. 10(f)(1), inserted heading and
    substituted "Migratory Bird Hunting and Conservation Stamp" for
    "migratory-bird hunting stamp" in text.
      Subsec. (b). Pub. L. 109-266, Sec. 10(f)(2), inserted heading and
    substituted "Except as provided in clauses (i) and (ii) of section
    504(l)(D) of title 18, no person shall alter" for "Except as
    provided in clauses (i) and (ii) of section 504(1)(D) of title 18,
    no person shall alter" in text.
      Subsec. (c). Pub. L. 109-266, Sec. 10(f)(3)(C)(ii), which
    directed substitution of "shall be paid, after deducting expenses
    for marketing, into the Migratory Bird Conservation Fund" for
    "shall be paid into the migratory bird conservation fund" in
    concluding provisions, was executed by making the substitution for
    "shall be paid, after deducting expenses for marketing, into the
    migratory bird conservation fund" to reflect the probable intent of
    Congress.
      Pub. L. 109-266, Sec. 10(f)(3)(A), (B), (C)(i), inserted heading,
    substituted "Secretary may" for "Secretary of the Interior may" in
    introductory provisions, and substituted "Secretary" for "Secretary
    of the Interior" and "Migratory Bird Hunting and Conservation
    Stamps" for "migratory bird hunting stamps" in concluding
    provisions.
      1988 - Subsec. (c). Pub. L. 100-653 inserted ", after deducting
    expenses for marketing," after "paid".
      1984 - Subsec. (b). Pub. L. 98-369, Sec. 1077(b)(3), substituted
    "Except as provided in clauses (i) and (ii) of section 504(1)(D) of
    title 18, no person" for "No person".
      Subsec. (c). Pub. L. 98-369, Sec. 1077(a), added subsec. (c).
      1935 - Act June 15, 1935, amended section generally.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 1077(c) of Pub. L. 98-369 provided that: "The amendments
    made by this section [amending this section and section 504 of
    Title 18, Crimes and Criminal Procedure] shall take effect on the
    date of the enactment of this Act [July 18, 1984]."

-FOOTNOTE-
    (!1) So in original. Probably should be "504(1)(D)".


-End-



-CITE-
    16 USC Sec. 718f                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718f. Enforcement

-STATUTE-
      For the efficient execution of this subchapter, the judges of the
    several courts, established under the laws of the United States,
    United States magistrate judges, and persons appointed by the
    Secretary to enforce the provisions of this subchapter, shall have,
    with respect thereto, like powers and duties as are conferred upon
    said judges, magistrate judges, and employees of the Department of
    the Interior by the Migratory Bird Treaty Act (16 U.S.C. 703 et
    seq.), or any other Act to carry into effect any treaty for the
    protection of migratory birds with respect to that Act. Any bird or
    part thereof taken or possessed contrary to this subchapter shall,
    when seized, be disposed of by the Secretary in accordance with
    law.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 6, 48 Stat. 452; Pub. L. 90-578, title
    IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95-616,
    Sec. 3(i), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 101-650, title III,
    Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109-266, Sec.
    10(g), Aug. 3, 2006, 120 Stat. 677.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Migratory Bird Treaty Act, and "that Act", referred to in
    text, is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which
    is classified generally to subchapter II (Sec. 703 et seq.) of
    chapter 7 of this title. For complete classification of this Act to
    the Code, see section 710 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-266 inserted section catchline, substituted
    "Secretary to" for "Secretary of Agriculture to" and "Department of
    the Interior" for "Department of Agriculture", and inserted "(16
    U.S.C. 703 et seq.)" after "Migratory Bird Treaty Act".
      1978 - Pub. L. 95-616 substituted in last sentence "contrary to
    this subchapter shall, when seized, be disposed of by the Secretary
    in accordance with law" for "contrary to such Acts shall, when
    seized, be disposed of as provided by the Migratory Bird Treaty
    Act, or Acts aforesaid".

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" and "magistrate judges"
    substituted for "United States magistrates" and "magistrates",
    respectively, in text pursuant to section 321 of Pub. L. 101-650,
    set out as a note under section 631 of Title 28, Judiciary and
    Judicial Procedure. Previously, "magistrates" substituted in text
    for "commissioners" pursuant to Pub. L. 90-578. See chapter 43
    (Sec. 631 et seq.) of Title 28.

-End-



-CITE-
    16 USC Sec. 718g                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718g. Violations

-STATUTE-
      Any person that violates or fails to comply with any provision of
    this subchapter (including a regulation promulgated under this
    subchapter) shall be subject to the penalties described in section
    707 of this title.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 7, as added Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 678.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 718g, act Mar. 16, 1934, ch. 71, Sec. 7, 48 Stat.
    452, related to penalties prior to repeal by Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 677.

-End-



-CITE-
    16 USC Sec. 718h                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718h. Cooperation

-STATUTE-
      The Secretary is authorized to cooperate with the States and the
    territories and possessions of the United States in the enforcement
    of this subchapter.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 8, as added Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 678.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 718h, act Mar. 16, 1934, ch. 71, Sec. 8, 48 Stat.
    452; 1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R.
    2731, 53 Stat. 1433, related to cooperation with States and
    Territories prior to repeal by Pub. L. 109-266, Sec. 10(h), Aug. 3,
    2006, 120 Stat. 677.

-End-



-CITE-
    16 USC Sec. 718i                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718i. Use of contest fees

-STATUTE-
      Notwithstanding any other provision of law, funds received by the
    United States Fish and Wildlife Service in the form of fees for
    entering any Migratory Bird Hunting and Conservation Stamp contest
    shall be credited - 
        (1) first, to the appropriation account from which expenditures
      for the administration of the contest are made; and
        (2) second, to the extent any funds remain, to the Migratory
      Bird Conservation Fund.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 9, as added Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 678.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 9 of act Mar. 16, 1934, was classified to section
    718 of this title prior to repeal by Pub. L. 109-266, Sec. 10(h),
    Aug. 3, 2006, 120 Stat. 677.
      A prior section 718i, act June 28, 1941, ch. 259, Sec. 1, 55
    Stat. 356, related to disposal of surplus stamps and restricted use
    of stamps to the fiscal year for which issued prior to repeal by
    act July 30, 1956, ch. 782, Sec. 3(d), formerly Sec. 3(c), 70 Stat.
    722, renumbered Pub. L. 109-266, Sec. 10(i)(1), Aug. 3, 2006, 120
    Stat. 679.

-End-



-CITE-
    16 USC Sec. 718j                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718j. Definitions

-STATUTE-
    (a) In general
      In this subchapter, the terms defined in the Migratory Bird
    Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird
    Treaty Act (16 U.S.C. 703 et seq.) have the meanings given those
    terms in those Acts.
    (b) Other definitions
      In this subchapter:
      (1) Hunting year
        The term "hunting year" means the 1-year period beginning on
      July 1 of each year.
      (2) Migratory waterfowl
        The term "migratory waterfowl" means the species enumerated in
      paragraph (a) of subdivision 1 of article I of the Convention
      between the United States and Great Britain for the Protection of
      Migratory Birds, signed at Washington on August 16, 1916 (USTS
      628) (16 U.S.C. 703 et seq.).
      (3) Secretary
        The term "Secretary" means the Secretary of the Interior.
      (4) State
        The term "State" means - 
          (A) a State;
          (B) the District of Columbia;
          (C) the Commonwealth of Puerto Rico;
          (D) Guam;
          (E) American Samoa;
          (F) the Commonwealth of the Northern Mariana Islands;
          (G) the Federated States of Micronesia;
          (H) the Republic of the Marshall Islands;
          (I) the Republic of Palau; and
          (J) the United States Virgin Islands.
      (5) Take
        The term "take" means - 
          (A) to pursue, hunt, shoot, capture, collect, or kill; or
          (B) to attempt to pursue, hunt, shoot, capture, collect, or
        kill.

-SOURCE-
    (Mar. 16, 1934, ch. 71, Sec. 10, as added Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 678.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Migratory Bird Conservation Act, referred to in subsec. (a),
    is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified
    generally to subchapter III (Sec. 715 et seq.) of chapter 7 of this
    title. For complete classification of this Act to the Code, see
    section 715 of this title and Tables.
      The Migratory Bird Treaty Act, referred to in subsec. (a), is act
    July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally
    to subchapter II (Sec. 703 et seq.) of chapter 7 of this title. For
    complete classification of this Act to the Code, see section 710 of
    this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 718j, Mar. 16, 1934, ch. 71, Sec. 10, as added
    Pub. L. 97-307, Oct. 14, 1982, 96 Stat. 1450, related to crediting
    of funds received as fees for entering migratory-bird hunting and
    conservation stamp contest prior to repeal by Pub. L. 109-266, Sec.
    10(h), Aug. 3, 2006, 120 Stat. 677.

-End-



-CITE-
    16 USC Sec. 718k                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

-HEAD-
    Sec. 718k. Use of fees collected for Federal migratory bird permits

-STATUTE-
      On and after October 21, 1998, all fees collected for Federal
    migratory bird permits shall be available to the Secretary, without
    further appropriation, to be used for the expenses of the U.S. Fish
    and Wildlife Service in administering such Federal migratory bird
    permits, and shall remain available until expended.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998, 112
    Stat. 2681-231, 2681-236.)

-End-


-CITE-
    16 USC SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND
           DESIGN PROGRAM                                  01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
     SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM 

-End-



-CITE-
    16 USC Sec. 719                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
    Sec. 719. Establishment of Program

-STATUTE-
    (a) In general
      The Secretary of the Interior (in this subchapter referred to as
    the "Secretary") may carry out in accordance with this subchapter a
    program to be known as the "Junior Duck Stamp Conservation and
    Design Program" (in this subchapter referred to as the "Program")
    to accomplish the goals of - 
        (1) providing to school children environmental education
      opportunities relating to the conservation and management of
      migratory birds; and
        (2) increasing the capacity for schools, States, and other
      educational programs to conduct conservation and education
      programs.
    (b) Program features
      The Program shall consist of - 
        (1) conducting in all interested States the activities which on
      the day before October 6, 1994, are conducted under the program
      known as the Junior Duck Stamp Conservation and Design Program;
        (2) other activities authorized under the Program by this
      subchapter or any other Act; and
        (3) any other activity necessary to carry out the conservation
      and education goals of the Program.
    (c) Effort to conduct Program in all States
      (1) In general
        The Secretary shall take appropriate steps to seek to conduct
      the Program in all of the States.
      (2) Annual report
        The Secretary shall annually submit a report to the Congress on
      the status of the Program in each of the States.

-SOURCE-
    (Pub. L. 103-340, Sec. 2, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 106-
    316, Sec. 2(1), Oct. 19, 2000, 114 Stat. 1276.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c). Pub. L. 106-316 struck out "50" before
    "States" in pars. (1) and (2).

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-166, Sec. 1, Jan. 10, 2006, 119 Stat. 3576, provided
    that: "This Act [amending sections 719a and 719c of this title and
    provisions listed in a table of National Wildlife Refuges set out
    under section 668dd of this title] may be cited as the 'Junior Duck
    Stamp Reauthorization Amendments Act of 2005'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 103-340 provided that: "This Act [enacting
    this subchapter and provisions listed in a table of National
    Wildlife Refuges set out under section 668dd of this title] may be
    cited as the 'Junior Duck Stamp Conservation and Design Program Act
    of 1994'."

-End-



-CITE-
    16 USC Sec. 719a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
    Sec. 719a. Junior Duck Stamp

-STATUTE-
    (a) Competition
      As part of the Program, the Secretary may annually conduct a
    competition to - 
        (1) solicit the submission by students at elementary and
      secondary schools of designs relating to conservation of
      migratory birds; and
        (2) select winning designs from among those submissions for use
      for licensing and marketing under subsection (b) of this section.
    (b) Licensing and marketing of design of Junior Duck Stamps
      As part of the Program, the Secretary may - 
        (1) license and market winning designs selected in competitions
      under subsection (a) of this section; and
        (2) license and market stamps bearing those designs, which
      shall be known as Junior Duck Stamps.
    (c) Use of proceeds
      Amounts received under subsection (b) of this section - 
        (1) (!1) shall be available to the Secretary until expended,
      without further appropriations, solely for - 

          (A) awards, prizes, and scholarships to individuals who
        submit designs in competitions under subsection (a) of this
        section, that are - 
            (i) selected in such a competition as winning designs; or
            (ii) otherwise determined in such a competition to be
          superior;

          (B) awards and prizes to schools, students, teachers, and
        other participants to further education activities related to
        the conservation education goals of the Program;
          (C) award ceremonies for winners of national and State Junior
        Duck Stamp competitions;
          (D) travel expenses for winners of national and State Junior
        Duck Stamp competitions to award ceremonies, if - 
            (i) the event is intended to honor students for winning a
          national competition; or
            (ii) the event is intended to honor students for winning a
          State competition;

          (E) expenses for licensing and marketing under subsection (b)
        of this section;
          (F) expenses for migratory bird reference materials or
        supplies awarded to schools that participate in the Program;
        and
          (G) expenses for marketing and educational materials
        developed to promote the Program; (!2)


-SOURCE-
    (Pub. L. 103-340, Sec. 3, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 109-
    166, Sec. 2, Jan. 10, 2006, 119 Stat. 3576.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-166 amended heading and text of
    subsec. (c) generally. Prior to amendment, text read as follows:
    "Amounts received under subsection (b) of this section - 
        "(1) shall be available to the Secretary until expended,
      without further appropriations, solely for - 
          "(A) awards and scholarships to individuals who submit
        designs in competitions under subsection (a) of this section,
        that are - 
            "(i) selected in such a competition as winning designs; or
            "(ii) otherwise determined in such a competition to be
          superior;
          "(B) awards to schools and other participants to further
        education activities related to the conservation education
        goals of the Program; and
          "(C) expenses for licensing and marketing under subsection
        (b) of this section; and
        "(2) may not be used for administrative expenses of the
      Program."

-FOOTNOTE-
    (!1) So in original. Subsec. (c), as amended by Pub. L. 109-166,
         does not contain a par. (2).

               

    (!2) So in original.


-End-



-CITE-
    16 USC Sec. 719b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
    Sec. 719b. Acceptance of gifts, devises, and bequests

-STATUTE-
      The Secretary may accept and use any gift, devise, or bequest of
    personal property, or proceeds thereof, for the purpose of funding
    the activities described in section 719a(c)(1)(A) and (B) of this
    title.

-SOURCE-
    (Pub. L. 103-340, Sec. 4, Oct. 6, 1994, 108 Stat. 3120.)

-End-



-CITE-
    16 USC Sec. 719b-1                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
    Sec. 719b-1. Definition of State

-STATUTE-
      For the purposes of this subchapter, the term "State" includes
    the District of Columbia, the Commonwealth of Puerto Rico, the
    Commonwealth of the Northern Mariana Islands, American Samoa, Guam,
    the Virgin Islands, and any other territory or possession of the
    United States.

-SOURCE-
    (Pub. L. 103-340, Sec. 5, as added Pub. L. 106-316, Sec. 2(3), Oct.
    19, 2000, 114 Stat. 1276.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5 of Pub. L. 103-340 was renumbered section 6 and
    is classified to section 719c of this title.

-End-



-CITE-
    16 USC Sec. 719c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER V - JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM

-HEAD-
    Sec. 719c. Authorization of appropriations

-STATUTE-
    (a) Authorization
      There are authorized to be appropriated to the Secretary for
    administrative expenses of the Program $350,000 for each of the
    fiscal years 2006 through 2010.
    (b) Limitations on use for distribution to State and regional
      coordinators to implement competitions
      Of the amount appropriated under this section for a fiscal year -
    
        (1) not more than $100,000 may be used by the Secretary to
      administer the Program; and
        (2) not more than $250,000 may be distributed to State and
      regional coordinators to implement competitions under the
      Program.

-SOURCE-
    (Pub. L. 103-340, Sec. 6, formerly Sec. 5, Oct. 6, 1994, 108 Stat.
    3120; renumbered Sec. 6 and amended Pub. L. 106-316, Secs. 1, 2(2),
    Oct. 19, 2000, 114 Stat. 1276; Pub. L. 109-166, Sec. 3, Jan. 10,
    2006, 119 Stat. 3577.)

-COD-
                               CODIFICATION                           
      Another section 6 of Pub. L. 103-340 was renumbered section 7 and
    enacted provisions listed in a table of National Wildlife Refuges
    set out under section 668dd of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-166 designated existing provisions as subsec.
    (a), inserted subsec. (a) heading, substituted "$350,000" for
    "$250,000" and "fiscal years 2006 through 2010" for "fiscal years
    2001 through 2005", and added subsec. (b).
      2000 - Pub. L. 106-316, Sec. 1, substituted "for each of the
    fiscal years 2001 through 2005" for "for each of the fiscal years
    1995 through 2000".

-End-