dreamproit/uscode huggingface dataset:
16 U.S.C. § 715k–1 (CONSERVATION)
§ 715k–1. Expenditures for personal services
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.
(June 15, 1935, ch. 261, title VII, § 701, 49 Stat. 384; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
heading: References in Text
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.
heading: Codification
text: 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.
heading: Transfer of Functions
text: 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.
16 U.S.C. § 715k–2 (CONSERVATION)
§ 715k–2. Omitted
heading: Codification
text: 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.
16 U.S.C. § 715k–3 (CONSERVATION)
§ 715k–3. Authorization of appropriations for the preservation of wetlands and other waterfowl habitat
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.
(Pub. L. 87–383, § 1, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90–205, § 1(a), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94–215, § 2(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98–200, § 1, Dec. 2, 1983, 97 Stat. 1378; Pub. L. 98–548, title I, § 101, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 99–645, title I, § 101(a), Nov. 10, 1986, 100 Stat. 3584; Pub. L. 100–653, title III, § 301, Nov. 14, 1988, 102 Stat. 3827.)
heading: Codification
text: Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
heading: Amendments
text: 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”.
heading: Short Title
text: 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”.
16 U.S.C. § 715k–4 (CONSERVATION)
§ 715k–4. Accounting and use of appropriations
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.
(Pub. L. 87–383, § 2, Oct. 4, 1961, 75 Stat. 813.)
heading: Codification
text: Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
16 U.S.C. § 715k–5 (CONSERVATION)
§ 715k–5. Acquisition of lands
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.
(Pub. L. 87–383, § 3, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90–205, § 1(b), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94–215, § 2(b), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98–200, § 2, Dec. 2, 1983, 97 Stat. 1378; Pub. L. 98–548, title I, § 102, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 99–645, title I, § 101(b), Nov. 10, 1986, 100 Stat. 3584.)
heading: Codification
text: Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
heading: Amendments
text: 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”.
16 U.S.C. § 715l, 715m (CONSERVATION)
§§ 715l, 715m. Repealed. Pub. L. 89–669, § 7(d), Oct. 15, 1966, 80 Stat. 930
text: Sections, act Feb. 18, 1929, ch. 257, §§ 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.
16 U.S.C. § 715o (CONSERVATION)
§ 715o. National forest and power sites; use for migratory bird reservations
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.
(Feb. 18, 1929, ch. 257, § 16, 45 Stat. 1225; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
heading: References in Text
text: Herein created, referred to in text, means created by section 715a of this title.
heading: Transfer of Functions
text: 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.
16 U.S.C. § 715p (CONSERVATION)
§ 715p. Cooperation of State in enforcement of provisions
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.
(Feb. 18, 1929, ch. 257, § 17, 45 Stat. 1225; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
heading: Transfer of Functions
text: 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.
16 U.S.C. § 715q (CONSERVATION)
§ 715q. Expenses of commission; authorization of appropriations
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.
(Feb. 18, 1929, ch. 257, § 18, 45 Stat. 1225; Pub. L. 87–812, Oct. 15, 1962, 76 Stat. 922; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 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”.
16 U.S.C. § 718a (CONSERVATION)
§ 718a. Prohibition on taking
(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.
(Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94–215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, § 10(a), Aug. 3, 2006, 120 Stat. 674.)
heading: Amendments
text: 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.
heading: Transfer of Functions
text: 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.
16 U.S.C. § 718b–1 (CONSERVATION)
§ 718b–1. Disposition of unsold stamps
(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.
(July 30, 1956, ch. 782, § 3(a), (b), formerly § 3(a), 70 Stat. 722; Pub. L. 92–214, § 3, Dec. 22, 1971, 85 Stat. 777; renumbered § 3(a), (b) and amended Pub. L. 109–266, § 10(i)(2), Aug. 3, 2006, 120 Stat. 679.)
heading: Codification
text: Section was not enacted as part of act Mar. 16, 1934, which comprises this subchapter.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 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”.
16 U.S.C. § 718c (CONSERVATION)
§ 718c. Authorization and exemption
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.
(Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451; Pub. L. 95–616, § 7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 109–266, § 10(d), Aug. 3, 2006, 120 Stat. 675.)
heading: Amendments
text: 2006—Pub. L. 109–266 inserted section catchline.
1978—Pub. L. 95–616 inserted “or convention” after “treaty”.
16 U.S.C. § 718f (CONSERVATION)
§ 718f. Enforcement
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.
(Mar. 16, 1934, ch. 71, § 6, 48 Stat. 452; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–616, § 3(i), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109–266, § 10(g), Aug. 3, 2006, 120 Stat. 677.)
heading: References in Text
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 (§ 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.
heading: Amendments
text: 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”.
heading: Change of Name
text: “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 (§ 631 et seq.) of Title 28.
16 U.S.C. § 718g (CONSERVATION)
§ 718g. Violations
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.
(Mar. 16, 1934, ch. 71, § 7, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: Prior Provisions
text: A prior section 718g, act Mar. 16, 1934, ch. 71, § 7, 48 Stat. 452, related to penalties prior to repeal by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
16 U.S.C. § 718h (CONSERVATION)
§ 718h. Cooperation
The Secretary is authorized to cooperate with the States and the territories and possessions of the United States in the enforcement of this subchapter.
(Mar. 16, 1934, ch. 71, § 8, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: Prior Provisions
text: A prior section 718h, act Mar. 16, 1934, ch. 71, § 8, 48 Stat. 452; 1939 Reorg. Plan No. II, § 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, § 10(h), Aug. 3, 2006, 120 Stat. 677.
16 U.S.C. § 718i (CONSERVATION)
§ 718i. Use of contest fees
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.
(Mar. 16, 1934, ch. 71, § 9, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: Prior Provisions
text: 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, § 10(h), Aug. 3, 2006, 120 Stat. 677.
A prior section 718i, act June 28, 1941, ch. 259, § 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, § 3(d), formerly § 3(c), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679.
16 U.S.C. § 718j (CONSERVATION)
§ 718j. Definitions
(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.
(Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: References in Text
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 (§ 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 (§ 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.
heading: Prior Provisions
text: A prior section 718j, Mar. 16, 1934, ch. 71, § 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, § 10(h), Aug. 3, 2006, 120 Stat. 677.