Migratory Bird Treaty

§ 701

TITLE 16—CONSERVATION

Under Presidential Proclamation’’, set out as a note
under section 320301 of Title 54, National Park Service
and Related Programs.
Act of June 8, 1906, (commonly referred to as the ‘‘Antiquities Act’’; 34 Stat. 225; 16 U.S.C. 431), referred to in
subsec. (b)(1)(B), is act June 8, 1906, ch. 3060, 34 Stat.
225, which was classified generally to sections 431, 432,
and 433 of this title. The Act was repealed and restated
as section 1866(b) of Title 18, Crimes and Criminal Procedure, and sections 320301(a) to (c), 320302, and 320303 of
Title 54, National Park Service and Related Programs,
by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat.
3094, 3260, 3272. For complete classification of this Act
to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
The Act entitled ‘‘An Act to establish a National
Park Service, and for other purposes’’, approved August
25, 1916 (16 U.S.C. 1 et seq.), referred to in subsec.
(b)(1)(C), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known
as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title, amended sections 22 and 43 of this title and section 1457 of Title 43,
Public Lands, and enacted provisions set out as a note
under section 1 of this title. Sections 1 to 4 of the Act
were repealed and restated as section 1865(a) of Title 18,
Crimes and Criminal Procedure, and section 100101(a),
chapter 1003, and sections 100751(a), 100752, 100753, and
102101 of Title 54, National Park Service and Related
Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19,
2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition
of former sections of this title, see Disposition Table
preceding section 100101 of Title 54.
CODIFICATION
Section is comprised of section 1 of Pub. L. 107–213.
Section 1 also enacted provisions listed in a table of
National Monuments Established Under Presidential
Proclamation set out under section 320301 of Title 54,
National Park Service and Related Programs.

CHAPTER 7—PROTECTION OF MIGRATORY
GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER I—GENERALLY
Sec.

701.
702.

Game and wild birds; preservation.
Importation of eggs of game birds for propagation.

SUBCHAPTER II—MIGRATORY BIRD TREATY
703.
704.
705.
706.
707.
708.
709.
709a.
710.
711.
712.

Taking, killing, or possessing migratory birds
unlawful.
Determination as to when and how migratory
birds may be taken, killed, or possessed.
Transportation or importation of migratory
birds; when unlawful.
Arrests; search warrants.
Violations and penalties; forfeitures.
State or Territorial laws or regulations.
Omitted.
Authorization of appropriations.
Partial invalidity; short title.
Breeding and sale for food supply.
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.
715a.

Short title.
Migratory Bird Conservation Commission;
creation; composition; duties; approval of
areas of land and water recommended for
purchase or rental.

Page 1144

Sec.

715b.
715c.
715d.

Annual report.
Areas recommended for approval; character.
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.
718a.
718b.
718b–1.
718c.
718d.
718e.
718f.
718g.
718h.
718i.
718j.
718k.

Repealed.
Prohibition on taking.
Sales; fund disposition; unsold stamps.
Disposition of unsold stamps.
Authorization and exemption.
Expenditure of funds.
Loans and transfers, alteration, and reproduction of stamps.
Enforcement.
Violations.
Cooperation.
Use of contest fees.
Definitions.
Use of fees collected for Federal migratory
bird permits.

SUBCHAPTER IV–A—PERMANENT ELECTRONIC
DUCK STAMP
718o.
718p.
718q.
718r.
718s.

Definitions.
Authority to issue electronic duck stamps.
State application.
State obligations and authorities.
Electronic stamp requirements; recognition
of electronic stamp.
Termination of State participation.

718t.

SUBCHAPTER V—JUNIOR DUCK STAMP
CONSERVATION AND DESIGN PROGRAM
719.
719a.
719b.
719b–1.
719c.

Establishment of Program.
Junior Duck Stamp.
Acceptance of gifts, devises, and bequests.
Definition of State.
Authorization of appropriations.

SUBCHAPTER I—GENERALLY
§ 701. Game and wild birds; preservation
The duties and powers of the Department of
the Interior include the preservation, distribu-

Page 1145

TITLE 16—CONSERVATION

tion, 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.
(May 25, 1900, ch. 553, § 1, 31 Stat. 187; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433.)
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, § 9(b)(2), Nov. 16, 1981, 95 Stat.
1079.
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.
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 Envi-

§ 701

ronment-Japan 1972, and the Convention for the Conservation of Migratory Birds and Their EnvironmentUnion 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

§ 702

TITLE 16—CONSERVATION

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 establish-

Page 1146

ment 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.

§ 702. Importation of eggs of game birds for propagation
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.
(June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433.)

Page 1147

§ 703

TITLE 16—CONSERVATION
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.

SUBCHAPTER II—MIGRATORY BIRD
TREATY
§ 703. Taking, killing, or possessing migratory
birds unlawful
(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 egg 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, 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.
(July 3, 1918, ch. 128, § 2, 40 Stat. 755; June 20,
1936, ch. 634, § 3, 49 Stat. 1556; Pub. L. 93–300, § 1,
June 1, 1974, 88 Stat. 190; Pub. L. 101–233, § 15,
Dec. 13, 1989, 103 Stat. 1977; Pub. L. 108–447, div.
E, title I, § 143(b), Dec. 8, 2004, 118 Stat. 3071.)
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
egg 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 ‘‘, or any part, nest, or egg of any such birds’’,
and ‘‘, and 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.’’ for period at end.
1936—Act June 20, 1936, amended section generally.
Prior to amendment, text read as follows: ‘‘Unless and
except as permitted by regulations made as hereinafter
provided, it shall be unlawful to hunt, take, capture,
kill, attempt to take, capture or kill, possess, offer for
sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or
cause to be carried by any means whatever, receive for
shipment, transportation or carriage, or export, at any
time or in any manner, any migratory bird, included in
the terms of the convention between the United States
and Great Britain for the protection of migratory birds
concluded August sixteenth, nineteen hundred and sixteen, or any part, nest, or egg of any such bird.’’
EFFECTIVE DATE OF 1974 AMENDMENT
Pub. L. 93–300, § 3, June 1, 1974, 88 Stat. 190, 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
Act June 20, 1936, ch. 634, § 3, 49 Stat. 1556, provided in
part that the amendment by section 3 is effective as of
the day aforesaid, meaning 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 Feb. 7, 1936, or on June
20, 1936, whichever date is later. Such proclamation was
made on June 30, 1937. See section 1 of act June 20, 1936,
ch. 634, 49 Stat. 1555.
PUBLICATION OF LIST
Pub. L. 108–447, div. E, title I, § 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

§ 703

TITLE 16—CONSERVATION

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, § 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.’’

Page 1148

lished 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).’’

INCIDENTAL TAKING OF MIGRATORY BIRDS DURING
MILITARY READINESS ACTIVITIES

ARCTIC TUNDRA HABITAT EMERGENCY CONSERVATION

Pub. L. 107–314, div. A, title III, § 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 pub-

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:

Page 1149

§ 704

TITLE 16—CONSERVATION

‘‘(1) To reduce the population of mid-continent
light geese.
‘‘(2) To assure the long-term conservation of midcontinent 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 midcontinent 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 midcontinent 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 ‘midcontinent 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.’’

§ 704. Determination as to when and how migratory birds may be taken, killed, or possessed
(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.
(July 3, 1918, ch. 128, § 3, 40 Stat. 755; June 20,
1936, ch. 634, § 2, 49 Stat. 1556; 1939 Reorg. Plan
No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; Pub. L. 105–312, title I, § 102, Oct. 30, 1998,
112 Stat. 2956.)
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’’ in two places.
EFFECTIVE DATE OF 1936 AMENDMENT
Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in
part that the amendment by section 2 is effective as of
the day aforesaid (June 30, 1937). See note under section
703 of this title.
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, ratifi-

§ 705

TITLE 16—CONSERVATION

cation, 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.
REPORT ON EFFECTS OF 1998 AMENDMENTS
Pub. L. 105–312, title I, § 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 [now Committee on Natural
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.].’’

§ 705. Transportation or importation of migratory birds; when unlawful
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.
(July 3, 1918, ch. 128, § 4, 40 Stat. 755; June 20,
1936, ch. 634, § 4, 49 Stat. 1556; 1939 Reorg. Plan
No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1433; Pub. L. 91–135, § 10, Dec. 5, 1969, 83 Stat. 282.)

Page 1150

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

AMENDMENTS

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.

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.

EFFECTIVE DATE OF 1969 AMENDMENT
Pub. L. 91–135, § 11, Dec. 5, 1969, 83 Stat. 282, 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
Act June 20, 1936, ch. 634, § 4, 49 Stat. 1556, provided in
part that the amendment by section 4 is effective as of
the day aforesaid (June 30, 1937). See note under section
703 of this title.
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.

§ 706. Arrests; search warrants
Any employee of the Department of the Interior authorized by the Secretary of the Interior

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 (§ 631 et seq.) of Title 28.
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, §§ 102(e),

Page 1151

§ 709a

TITLE 16—CONSERVATION

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.

§ 707. Violations and penalties; forfeitures
(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.
(July 3, 1918, ch. 128, § 6, 40 Stat. 756; June 20,
1936, ch. 634, § 2, 49 Stat. 1556; Pub. L. 86–732,
Sept. 8, 1960, 74 Stat. 866; Pub. L. 99–645, title V,
§ 501, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 105–312,
title I, § 103, Oct. 30, 1998, 112 Stat. 2956.)
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–312, § 103(1), substituted
‘‘$15,000’’ for ‘‘$500’’.
Subsecs. (c), (d). Pub. L. 105–312, § 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
Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in
part that the amendment by section 2 is effective as of
the day aforesaid (June 30, 1937). See note under section
703 of this title.
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.

§ 708. State or Territorial laws or regulations
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.
(July 3, 1918, ch. 128, § 7, 40 Stat. 756; June 20,
1936, ch. 634, § 2, 49 Stat. 1556.)
AMENDMENTS
1936—Act June 20, 1936, substituted ‘‘conventions’’ for
‘‘convention’’.
EFFECTIVE DATE OF 1936 AMENDMENT
Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in
part that the amendment by section 2 is effective as of
the day aforesaid (June 30, 1937). See note under section
703 of this title.

§ 709. Omitted
CODIFICATION
Section, act July 3, 1918, ch. 128, § 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.

§ 709a. Authorization of appropriations
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.
(July 3, 1918, ch. 128, § 9, as added June 20, 1936,
ch. 634, § 5, 49 Stat. 1556; amended 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433.)

§ 710

TITLE 16—CONSERVATION
EFFECTIVE DATE

Act June 20, 1936, ch. 634, § 5, 49 Stat. 1556, provided in
part that this section is effective as of the day aforesaid (June 30, 1937). See Effective Date of 1936 Amendment note set out under section 703 of this title.
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.
AVAILABILITY OF FUNDS
Act June 20, 1936, ch. 634, § 6, 49 Stat. 1557, 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.’’

§ 710. Partial invalidity; short title
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.
(July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.)
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.
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–447, div. E, title I, § 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’.’’

Page 1152

§ 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
(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.
(Pub. L. 95–616, § 3(h)(2), (3), Nov. 8, 1978, 92 Stat.
3112.)
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.

SUBCHAPTER III—MIGRATORY BIRD
CONSERVATION
§ 715. Short title
This subchapter shall be known by the short
title of ‘‘Migratory Bird Conservation Act.’’
(Feb. 18, 1929, ch. 257, § 1, 45 Stat. 1222.)

SHORT TITLE OF 1998 AMENDMENT

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 105–312, title I, § 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’.’’

Pub. L. 94–215, § 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’.’’

§ 711. Breeding and sale for food supply
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.
(July 3, 1918, ch. 128, § 12, 40 Stat. 757.)

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

Page 1153

§ 715d

TITLE 16—CONSERVATION

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.
(Feb. 18, 1929, ch. 257, § 2, 45 Stat. 1222; 1939
Reorg. Plan No. II, § 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, § 4, Feb. 17, 1976,
90 Stat. 190; Pub. L. 101–233, § 13, Dec. 13, 1989, 103
Stat. 1977.)
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.
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.

§ 715b. Annual report

semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under this section is listed on page 177), see section 3003
of Pub. L. 104–66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance.

§ 715c. Areas recommended for approval; character
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.
(Feb. 18, 1929, ch. 257, § 4, 45 Stat. 1223; 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; Pub. L. 95–552, § 2, Oct. 30, 1978,
92 Stat. 2071.)
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’’.
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.

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

The commission created by section 715a of this
title shall, through its chairman, annually report in detail to Congress, not later than the
first Monday in December, the operations of the
commission during the preceding fiscal year.

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

(Feb. 18, 1929, ch. 257, § 3, 45 Stat. 1223.)

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.

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,

AMENDMENTS

§§ 715d–1, 715d–2

TITLE 16—CONSERVATION

Page 1154

TRANSFER OF FUNCTIONS

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.

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.

§§ 715d–1, 715d–2. Repealed. Pub. L. 89–669, § 8(a),
Oct. 15, 1966, 80 Stat. 930

§ 715e–1. Omitted

Sections, act June 15, 1935, ch. 261, title III, §§ 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.

Section, act June 15, 1935, ch. 261, title III, § 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, § 8(a), Oct. 15, 1966,
80 Stat. 930.

§ 715d–3. Omitted
CODIFICATION
Section, act June 15, 1935, ch. 261, title V, § 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.

§ 715e. Examination of title; easements and reservations
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.
(Feb. 18, 1929, ch. 257, § 6, 45 Stat. 1223; June 15,
1935, ch. 261, title III, § 301, 49 Stat. 381; 1939
Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; Pub. L. 91–393, § 6, Sept. 1, 1970,
84 Stat. 835.)
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.

CODIFICATION

§ 715f. Consent of State to conveyance in fee
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.
(Feb. 18, 1929, ch. 257, § 7, 45 Stat. 1223; 1939
Reorg. Plan No. II, § 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.)
AMENDMENTS
1994—Pub. L. 103–434 inserted ‘‘in fee’’ after ‘‘conveyance’’.
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.

§ 715g. Jurisdiction of State over areas acquired
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 migratorybird reservations, except so far as the punishment of offenses against the United States is
concerned.
(Feb. 18, 1929, ch. 257, § 8, 45 Stat. 1224.)
§ 715h. Operation of State game laws
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.
(Feb. 18, 1929, ch. 257, § 9, 45 Stat. 1224.)
§ 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

Page 1155

§ 715k

TITLE 16—CONSERVATION

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.)
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.
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.

§ 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.)
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 (§ 703 et seq.) of

this chapter. For complete classification of this Act to
the Code, see section 710 of this title and Tables.
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.

§ 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.)
CODIFICATION
Provisions of this section which related to appropriations for the fiscal year ending June 30, 1930, to June 30,
1939, were omitted.
AMENDMENTS
1966—Pub. L. 89–669 substituted ‘‘grounds frequented
by migratory birds’’ for ‘‘grounds frequented by migra-

§ 715k–1

TITLE 16—CONSERVATION

tory game birds’’, and ‘‘United States protector’’ for
‘‘United States game protector’’.
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.

§ 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.)
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.
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.
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.

§ 715k–2. Omitted
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.

§ 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.)

Page 1156
CODIFICATION

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

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

§ 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.)
CODIFICATION
Section was not enacted as part of the Migratory
Bird Conservation Act which comprises this subchapter.
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
1 So
1 So

in original. Probably should be capitalized.
in original. Probably should be capitalized.

Page 1157

§ 715s

TITLE 16—CONSERVATION

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’’.

§§ 715l, 715m. Repealed. Pub. L. 89–669, § 7(d),
Oct. 15, 1966, 80 Stat. 930
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.

§ 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.

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.

§ 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.)
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’’.

(Feb. 18, 1929, ch. 257, § 15, 45 Stat. 1225.)
§ 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.)
REFERENCES IN TEXT
Herein created, referred to in text, means created by
section 715a of this title.
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.

§ 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.)

§ 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.)
§ 715s. Participation of local governments in revenue from areas administered by the United
States Fish and Wildlife Service
(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
1 So

in original. Probably should be ‘‘carcasses,’’.

§ 715s

TITLE 16—CONSERVATION

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

Page 1158

the Secretary at least once during each fiveyear 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).

Page 1159

§ 715s

TITLE 16—CONSERVATION

(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.
(June 15, 1935, ch. 261, title IV, § 401, 49 Stat. 383;
1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III,
§ 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
Oct. 31, 1951, ch. 654, § 2(13), 65 Stat. 707; Pub. L.
88–523, Aug. 30, 1964, 78 Stat. 701; Pub. L. 89–669,
§ 8(b), Oct. 15, 1966, 80 Stat. 930; Pub. L. 93–205,
§ 13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 93–509,
§ 4, Dec. 3, 1974, 88 Stat. 1603; Pub. L. 95–469,
§ 1(a), Oct. 17, 1978, 92 Stat. 1319; Pub. L. 97–258,
§ 5(b), Sept. 13, 1982, 96 Stat. 1068.)
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,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see section 715 of this title and Tables.
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.
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, § 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, § 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, § 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, § 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, § 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, § 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, § 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

§ 718

TITLE 16—CONSERVATION

Appropriation Act, 1951, approved Sept. 6, 1950 (64 Stat.
595, 693 to 694).
Subsec. (h). Pub. L. 95–469, § 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 threefourths 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
Pub. L. 95–469, § 2, Oct. 17, 1978, 92 Stat. 1321, 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.’’

Page 1160

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.
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, §§ 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.
REFUGE REVENUE SHARING
Pub. L. 105–83, title I, § 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.’’

SUBCHAPTER IV—HUNTING AND
CONSERVATION STAMP TAX
§ 718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3,
2006, 120 Stat. 677
Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.
SHORT TITLE OF 2014 AMENDMENT
Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, provided that: ‘‘This Act [amending sections 718a, 718b,
and 718d of this title] may be cited as the ‘Federal Duck
Stamp Act of 2014’.’’
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–266, § 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, § 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, § 11, as added by Pub. L.
109–266, § 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, §§ 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

Page 1161

TITLE 16—CONSERVATION

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

§ 718

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.

§ 718a

TITLE 16—CONSERVATION

‘‘(e) LIMITATION ON AUTHORITY TO REQUIRE PURCHASE
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.
OF

‘‘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).’’

§ 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

Page 1162

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;
(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; or
(D) by a rural Alaska resident for subsistence uses (as that term is defined in section
3113 of this title).
(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;
Pub. L. 113–264, § 4, Dec. 18, 2014, 128 Stat. 2940.)
AMENDMENTS
2014—Subsec. (a)(2)(D). Pub. L. 113–264 added subpar.
(D).
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.
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.

§ 718b. Sales; fund disposition; unsold stamps
(a) Sales
(1) In general
The stamps required under section 718a of
this title shall be sold by the Postal Service

Page 1163

§ 718b

TITLE 16—CONSERVATION

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, $15.00 for hunting years
1991 through 2013, and $25 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.
(c) Reduction in price of stamp
The Secretary may reduce the price of each
stamp sold under the provisions of this section
for a hunting year if the Secretary determines
that the increase in the price of the stamp after
hunting year 2013 resulted in a reduction in revenues deposited into the fund.
(Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15,
1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949,
ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2,
3(c), formerly § 3(b), 70 Stat. 722, renumbered
Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat.
679; Pub. L. 85–585, § 1, Aug. 1, 1958, 72 Stat. 486;
Pub. L. 92–214, §§ 1, 2, Dec. 22, 1971, 85 Stat. 777;
Pub. L. 94–215, § 3(b), (c), Feb. 17, 1976, 90 Stat.
189; Pub. L. 94–273, § 34, Apr. 21, 1976, 90 Stat. 380;
Pub. L. 95–552, § 1, Oct. 30, 1978, 92 Stat. 2071; Pub.
L. 95–616, § 7(a), Nov. 8, 1978, 92 Stat. 3114; Pub. L.
99–625, § 3, Nov. 7, 1986, 100 Stat. 3502; Pub. L.
99–645, title II, § 202, Nov. 10, 1986, 100 Stat. 3586;
Pub. L. 109–266, § 10(b), (c), Aug. 3, 2006, 120 Stat.
674, 675; Pub. L. 113–264, § 2(1), (2), Dec. 18, 2014,
128 Stat. 2939.)
AMENDMENTS
2014—Subsec. (b). Pub. L. 113–264, § 2(1), substituted
‘‘1990, $15.00 for hunting years 1991 through 2013, and $25
for each hunting year thereafter’’ for ‘‘1990, and $15.00
for each hunting year thereafter’’.
Subsec. (c). Pub. L. 113–264, § 2(2), added subsec. (c).
2006—Pub. L. 109–266, § 10(b), inserted section catchline.
Subsec. (a). Pub. L. 109–266, § 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, § 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, § 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, § 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, § 202(3), amended
subsec. (b) identically, inserting ‘‘available for obligation’’ before ‘‘attributable to’’.

§ 718b–1

TITLE 16—CONSERVATION

1978—Subsec. (a). Pub. L. 95–616 substituted ‘‘June’’
for ‘‘September’’ in sixth sentence.
Pub. L. 95–552, § 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, § 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 firstand 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, § 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, § 3(c), formerly § 3(b), as renumbered
by Pub. L. 109–266, § 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, § 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

Page 1164

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
Act Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599, provided in
part: ‘‘That the moneys derived from the sale of such
stamps shall be spent only upon specific appropriation
by the Congress.’’

§ 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.)
CODIFICATION
Section was not enacted as part of act Mar. 16, 1934,
which comprises this subchapter.
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’’.

§ 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

Page 1165

TITLE 16—CONSERVATION

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.)
AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline.
1978—Pub. L. 95–616 inserted ‘‘or convention’’ after
‘‘treaty’’.

§ 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 require-

§ 718d

ments 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.

§ 718e

TITLE 16—CONSERVATION

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.)
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

Page 1166

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.
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.
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.

§ 718e. Loans and transfers, alteration, and reproduction of stamps
(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,
1 So

in original. Probably should be ‘‘504(1)(D)’’.

Page 1167

§ 718g

TITLE 16—CONSERVATION

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.
(Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15,
1935, ch. 261, title I, § 5, 49 Stat. 380; Pub. L.
98–369, div. A, title X, § 1077(a), (b)(3), July 18,
1984, 98 Stat. 1054, 1055; Pub. L. 100–653, title III,
§ 302, Nov. 14, 1988, 102 Stat. 3827; Pub. L. 109–266,
§ 10(f), Aug. 3, 2006, 120 Stat. 677.)
AMENDMENTS
2006—Pub. L. 109–266, § 10(f)(1), inserted section catchline.
Subsec. (a). Pub. L. 109–266, § 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, § 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, § 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, § 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, § 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, § 1077(a), added subsec. (c).
1935—Act June 15, 1935, amended section generally.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–369, div. A, title X, § 1077(c), July 18, 1984,
98 Stat. 1055, 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].’’

§ 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.)
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 (§ 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.
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 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 (§ 631 et seq.) of Title 28.

§ 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.)
PRIOR PROVISIONS
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.

§ 718h

TITLE 16—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.)
PRIOR PROVISIONS
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.

§ 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.)

Page 1168

(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.)
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 (§ 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.

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, § 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.

§ 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;

PRIOR PROVISIONS
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.

§ 718k. Use of fees collected for Federal migratory bird permits
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.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21,
1998, 112 Stat. 2681–231, 2681–236.)
SUBCHAPTER IV–A—PERMANENT
ELECTRONIC DUCK STAMP
§ 718o. Definitions
In this subchapter:
(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 et seq.) (popularly known as the
‘‘Duck Stamp Act’’), that is printed on paper
and sold through the means established by the
authority of the Secretary immediately before
December 18, 2014.
(2) Automated licensing system
(A) In general
The term ‘‘automated licensing system’’
means an electronic, computerized licensing

Page 1169

TITLE 16—CONSERVATION

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, telephonic
system, or other electronic applications 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 or produced
through an electronic application with the
same indicators as the State endorsement
provides;
(C) is issued through a State automated licensing system that is authorized, under
State law and by the Secretary under this
subchapter, 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
718q(b) of this title.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 113–239, § 2, Dec. 18, 2014, 128 Stat. 2847.)
REFERENCES IN TEXT
The Act of March 16, 1934, referred to in par. (1), is act
Mar. 16, 1934, ch. 71, 48 Stat. 451, known as the Migratory Bird Hunting and Conservation Stamp Act, and
also popularly known as the Duck Stamp Act, which is
classified generally to subchapter IV (§ 718 et seq.) of
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 718
of this title and Tables.
SHORT TITLE
Pub. L. 113–239, § 1, Dec. 18, 2014, 128 Stat. 2847, provided that: ‘‘This Act [enacting this subchapter] may
be cited as the ‘Permanent Electronic Duck Stamp Act
of 2013’.’’

§ 718p. Authority to issue electronic duck stamps
(a) In general
The Secretary may authorize any State to
issue electronic stamps in accordance with this
subchapter.
(b) Consultation
The Secretary shall implement this section in
consultation with State management agencies.
(Pub. L. 113–239, § 3, Dec. 18, 2014, 128 Stat. 2848.)
§ 718q. State application
(a) Approval of application required
The Secretary may not authorize a State to
issue electronic stamps under this subchapter
unless the Secretary has received and approved
an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to
participate in the electronic stamp program.

§ 718r

(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
this subchapter, 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 under this section, the Secretary shall
publish—
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting
applications; and
(3) criteria for approving applications.
(Pub. L. 113–239, § 4, Dec. 18, 2014, 128 Stat. 2848.)
§ 718r. 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 this subchapter shall receive an actual
stamp—
(1) by not later than the date on which the
electronic stamp expires under section 718s(c)
of this title; 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 authorized to issue electronic stamps 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

§ 718s

TITLE 16—CONSERVATION

sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency.
(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 authorized to issue electronic stamps
may charge a reasonable fee to cover costs incurred by the State and the Department of the
Interior in issuing electronic stamps under this
subchapter, including costs of delivery of actual
stamps.
(d) Duplicate electronic stamps
A State authorized to issue electronic stamps
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 this subchapter.
(Pub. L. 113–239, § 5, Dec. 18, 2014, 128 Stat. 2848.)
§ 718s. Electronic stamp requirements; recognition of electronic stamp
(a) Stamp requirements
The Secretary shall require an electronic
stamp issued by a State under this subchapter—
(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
this subchapter 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 shall be
valid for a period agreed to by the State and the
Secretary, which shall not exceed 45 days.
(Pub. L. 113–239, § 6, Dec. 18, 2014, 128 Stat. 2849.)
§ 718t. Termination of State participation
The authority of a State to issue electronic
stamps under this subchapter 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 ap-

Page 1170

proved by the Secretary under section 718q
of this title; 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.
(Pub. L. 113–239, § 7, Dec. 18, 2014, 128 Stat. 2849.)
SUBCHAPTER V—JUNIOR DUCK STAMP
CONSERVATION AND DESIGN PROGRAM
§ 719. Establishment of Program
(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.
(Pub. L. 103–340, § 2, Oct. 6, 1994, 108 Stat. 3119;
Pub. L. 106–316, § 2(1), Oct. 19, 2000, 114 Stat. 1276.)
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, § 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
Pub. L. 103–340, § 1, Oct. 6, 1994, 108 Stat. 3119, provided
that: ‘‘This Act [enacting this subchapter and provi-

Page 1171

§ 719c

TITLE 16—CONSERVATION

sions 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’.’’

§ 719a. Junior Duck Stamp
(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
(Pub. L. 103–340, § 3, Oct. 6, 1994, 108 Stat. 3119;
Pub. L. 109–166, § 2, Jan. 10, 2006, 119 Stat. 3576.)
AMENDMENTS
2006—Subsec. (c). Pub. L. 109–166 amended heading
and text of subsec. (c) generally. Prior to amendment,
1 So in original. Subsec. (c), as amended by Pub. L. 109–166, does
not contain a par. (2).
2 So in original.

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.’’

§ 719b. Acceptance of gifts, devises, and bequests
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.
(Pub. L. 103–340, § 4, Oct. 6, 1994, 108 Stat. 3120.)
§ 719b–1. Definition of State
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.
(Pub. L. 103–340, § 5, as added Pub. L. 106–316,
§ 2(3), Oct. 19, 2000, 114 Stat. 1276.)
PRIOR PROVISIONS
A prior section 5 of Pub. L. 103–340 was renumbered
section 6 and is classified to section 719c of this title.

§ 719c. Authorization of appropriations
(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.
(Pub. L. 103–340, § 6, formerly § 5, Oct. 6, 1994, 108
Stat. 3120; renumbered § 6 and amended Pub. L.
106–316, §§ 1, 2(2), Oct. 19, 2000, 114 Stat. 1276; Pub.
L. 109–166, § 3, Jan. 10, 2006, 119 Stat. 3577.)
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.
AMENDMENTS
2006—Pub. L. 109–166 designated existing provisions as
subsec. (a), inserted subsec. (a) heading, substituted

§ 721

TITLE 16—CONSERVATION

‘‘$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, § 1, substituted ‘‘for each of the
fiscal years 2001 through 2005’’ for ‘‘for each of the fiscal years 1995 through 2000’’.

CHAPTER 8—UPPER MISSISSIPPI RIVER
NATIONAL WILDLIFE AND FISH REFUGE
Sec.

721.
722.
723.
724.
725.
726.
727.
728.
729.
730.
731.

Short title; ‘‘person’’ defined.
Acquisition of lands and water.
Purposes of refuge; regulations by Secretary
of the Interior.
Consent of States to acquisition; existing
rights-of-way, easements, etc.
Regulations, etc., by Secretary of the Interior.
Acts prohibited in refuge; commercial fishing.
Powers of employees of Department of the Interior.
Expenditures.
Price per acre.
Violations of law or regulations; punishment.
Effect on other laws.

§ 721. Short title; ‘‘person’’ defined
This chapter may be cited as ‘‘The Upper Mississippi River National Wildlife and Fish Refuge
Act.’’ The term ‘‘person’’ as used therein includes an individual, partnership, association, or
corporation.
(June 7, 1924, ch. 346, §§ 1, 12, 43 Stat. 650, 652;
Pub. L. 105–312, title II, § 202(b), Oct. 30, 1998, 112
Stat. 2957.)
CODIFICATION
Section is a combination provision, the first sentence
being derived from section 1 and the last from section
12, of act June 7, 1924.
AMENDMENTS
1998—Pub. L. 105–312 substituted ‘‘National Wildlife’’
for ‘‘Wild Life’’.

§ 722. Acquisition of lands and water
The Secretary of the Interior is authorized to
acquire, by purchase, gift, or lease, such areas of
land, or of land and water, situated between
Rock Island, Illinois, and Wabasha, Minnesota,
on either side of or upon islands in the Mississippi River which are not used for agricultural purposes, as he determines suitable for the
purposes of this chapter, and any such area
when acquired shall become a part of the Upper
Mississippi River National Wildlife and Fish
Refuge (referred to in this chapter as the ‘‘refuge’’).
(June 7, 1924, ch. 346, §§ 2, 3, 43 Stat. 650; June 18,
1934, ch. 602, 48 Stat. 1015; 1939 Reorg. Plan No.
II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
Pub. L. 105–312, title II, § 202(b), Oct. 30, 1998, 112
Stat. 2957.)
CODIFICATION
Section is a combination provision, the latter portion
beginning with the words ‘‘and any such area,’’ being
from section 3, and the remainder of the section from
section 2 of act June 7, 1924.

Page 1172

and Fish Refuge Act by substituting ‘‘National Wildlife’’ for ‘‘Wild Life’’, was executed to the part of this
section based on section 3 of the act, to reflect the
probable intent of Congress. See Codification note
above.
1934—Act June 18, 1934, struck out ‘‘which are subject
to overflow by such river’’ after ‘‘Mississippi River’’.
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.
LAND CONVEYANCE, UPPER MISSISSIPPI RIVER
NATIONAL WILDLIFE AND FISH REFUGE
Pub. L. 105–312, title II, § 202(a), Oct. 30, 1998, 112 Stat.
2957, provided that: ‘‘In accordance with section 4(a)(5)
of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd(a)(5)), there are transferred
to the Corps of Engineers, without reimbursement, approximately 37.36 acres of land of the Upper Mississippi
River Wildlife and Fish Refuge in the State of Minnesota, as designated on the map entitled ‘Upper Mississippi National Wildlife and Fish Refuge lands transferred to Corps of Engineers’, dated January 1998, and
available, with accompanying legal descriptions of the
land, for inspection in appropriate offices of the United
States Fish and Wildlife Service.’’
ADDITIONAL LANDS
Act June 13, 1944, ch. 243, 58 Stat. 274, provided for the
acquisition of certain tracts of land situated in
Wabasha County, Minnesota.

§ 723. Purposes of refuge; regulations by Secretary of the Interior
The refuge shall be established and maintained (a) as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great
Britain for the protection of migratory birds,
concluded August 16, 1916, and (b) to such extent
as the Secretary of the Interior may by regulations prescribe, as a refuge and breeding place
for other wild birds, game animals, fur-bearing
animals, and for the conservation of wild flowers
and aquatic plants, and (c) to such extent as the
Secretary of the Interior may by regulations
prescribe as a refuge and breeding place for fish
and other aquatic animal life.
(June 7, 1924, ch. 346, § 3, 43 Stat. 650; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433.)
TRANSFER OF FUNCTIONS
Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5,
Government Organization and Employees, consolidated
Bureau of Fisheries and Bureau of Biological Survey
into one agency in Department of the Interior to be
known as Fish and Wildlife Service.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce and its functions to Department of the Interior; transferred functions of Secretary of Commerce
relating to protection of fur-bearing animals to Secretary of the Interior; and transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.

AMENDMENTS

§ 724. Consent of States to acquisition; existing
rights-of-way, easements, etc.

1998—Pub. L. 105–312, which directed the amendment
of section 2 of the Upper Mississippi River Wild Life

(a) No such area shall be acquired by the Secretary of the Interior until the legislature of