### §718d. Expenditure of funds

#### (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, in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013.

#### (b) Use of funds

All funds received into the fund are appropriated for the following purposes, to remain available until expended:

#### (1) Advance allotments

Except as provided in paragraph (4), 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 paragraphs (3) and (4) 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.

#### (4) Conservation easements

Amounts in the subaccount referred to in subsection (a)(3) shall be used by the Secretary solely to acquire easements in real property in the United States for conservation of migratory birds.

#### (c) Promotion of stamp sales

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.

#### (d) Annual report

The Secretary shall include in each annual report of the Commission under section 3 of the Migratory Bird Conservation Act (16 U.S.C. 715b)—

(1) a description of activities conducted under subsection (c) in the year covered by the report;

(2) an annual assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including a clear and accurate accounting of—

(A) all expenditures by Federal and State agencies under this section; and

(B) all expenditures made for fee-simple acquisition of Federal lands in the United States, including the amount paid and acreage of each parcel acquired in each acquisition;

(3) an analysis of the refuge lands opened, and refuge lands closed, for hunting and fishing in the year covered by the report, including—

(A) identification of the specific areas in each refuge and the reasons for the closure or opening; and

(B) a detailed description of each closure including detailed justification for such closure;

(4) the total number of acres of refuge land open for hunting and fishing, and the total number of acres of refuge land closed for hunting and fishing, in the year covered by the report; and

(5) a separate report on the hunting and fishing status of those lands added to the system in the year covered by the report.

(Mar. 16, 1934, ch. 71, §4, 48 Stat. 451; June 15, 1935, ch. 261, title I, §§3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421, §2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Pub. L. 85–585, §§2, 3, Aug. 1, 1958, 72 Stat. 486, 487; Pub. L. 89–669, §6, Oct. 15, 1966, 80 Stat. 929; Pub. L. 92–214, §2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, §3(d), Feb. 17, 1976, 90 Stat. 190; Pub. L. 105–269, §2, Oct. 19, 1998, 112 Stat. 2381; Pub. L. 109–266, §10(e), Aug. 3, 2006, 120 Stat. 676; Pub. L. 113–264, §§2(3), 3, Dec. 18, 2014, 128 Stat. 2939, 2940.)

#### **Editorial Notes**

#### 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, which is classified generally to subchapter III (§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.

#### Amendments

2014—Subsec. (a)(3). Pub. L. 113–264, §2(3)(A), inserted before period at end ", in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013".

Subsec. (b)(1). Pub. L. 113–264, §2(3)(B), substituted "Except as provided in paragraph (4), so much" for "So much".

Subsec. (b)(2). Pub. L. 113–264, §2(3)(C), substituted "paragraphs (3) and (4)" for "paragraph (3)".

Subsec. (b)(4). Pub. L. 113–264, §2(3)(D), added par. (4).

Subsec. (c). Pub. L. 113–264, §3(1), struck out par. (1) designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: "The Secretary shall include in each annual report of the Commission under section 715b of this title a description of activities conducted under this subsection in the year covered by the report."

Subsec. (d). Pub. L. 113–264, §3(2), added subsec. (d).

2006—Pub. L. 109–266, §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, §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, §10(e)(4)(B), inserted "(16 U.S.C. 715 et seq.)" after "Migratory Bird Conservation Act".

Pub. L. 109–266, §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, §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, §10(e)(6), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)(3).

Subsec. (c)(1). Pub. L. 109–266, §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, §10(e)(7)(B), inserted heading and substituted "The Secretary" for "The Secretary of the Interior".

Subsec. (d). Pub. L. 109–266, §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.

#### **Statutory Notes and Related Subsidiaries**

#### 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.

#### **Executive Documents**

#### 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.