dreamproit/uscode huggingface dataset:
16 U.S.C. § 715i (CONSERVATION)
§ 715i. Administration
(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.
(Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 89–669, § 7(b), Oct. 15, 1966, 80 Stat. 929; Pub. L. 93–205, § 13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 95–616, § 5(b), Nov. 8, 1978, 92 Stat. 3114.)
heading: Editorial Notes
heading: Amendments
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1973 Amendment
text: 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.
heading: Executive Documents
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. § 715j (CONSERVATION)
§ 715j. “Migratory birds” defined
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.
(Feb. 18, 1929, ch. 257, § 11, 45 Stat. 1224; Pub. L. 89–669, § 7(c), Oct. 15, 1966, 80 Stat. 930; Pub. L. 95–616, § 5(c), Nov. 8, 1978, 92 Stat. 3114.)
heading: Editorial Notes
heading: References in Text
text: The Migratory Bird Treaty Act, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of this chapter. For complete classification of this Act to the Code, see section 710 of this title and Tables.
heading: Amendments
text: 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.
16 U.S.C. § 715k (CONSERVATION)
§ 715k. Authorization of appropriations for purposes of subchapter; disposal; reservation protectors
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.
(Feb. 18, 1929, ch. 257, § 12, 45 Stat. 1224; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 89–669, § 7(a), Oct. 15, 1966, 80 Stat. 929.)
heading: Editorial Notes
heading: Codification
text: Provisions of this section which related to appropriations for the fiscal year ending June 30, 1930, to June 30, 1939, were omitted.
heading: Amendments
text: 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”.
heading: Executive Documents
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–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: Editorial Notes
heading: References in Text
text: This Act, referred to in text, probably means the act of June 15, 1935, ch. 261, 49 Stat. 378, 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: Executive Documents
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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”.
(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. § 715n (CONSERVATION)
§ 715n. “Take” defined
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.
(Feb. 18, 1929, ch. 257, § 15, 45 Stat. 1225.)
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: Editorial Notes
heading: References in Text
text: Herein created, referred to in text, means created by section 715a of this title.
heading: Executive Documents
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: Executive Documents
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: Editorial Notes
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. § 715r (CONSERVATION)
§ 715r. Partial invalidity; validity of remainder
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.
(Feb. 18, 1929, ch. 257, § 19, 45 Stat. 1226.)
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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, 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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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.