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16 U.S.C. § 4406 — Amounts available to carry out this chapter

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4406 — Amounts available to carry out this chapter

**(a) Omitted** **(b) Migratory bird fines, penalties, forfeitures** The sums received under [section 707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section707&num=0&edition=prelim) as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under [section 4407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407&num=0&edition=prelim). This subsection shall not be construed to require the sale of instrumentalities. **(c) Authorization of appropriations** In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under [section 4407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407&num=0&edition=prelim) not to exceed $60,000,000 for each of fiscal years 2021 through 2030. **(d) Availability of funds** Sums made available under this section shall be available until expended.

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Source location: Title 16, Chapter 64, § 4406; chapter-064-north-american-wetlands-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section704/b/2&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4407 — Allocation of amounts available to carry out this chapter

**(a) Allocations** Of the sums available to the Secretary for any fiscal year under this chapter and [section 669b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section669b/b&num=0&edition=prelim)— (1) such percentage of that sum (but at least 30 percent and not more than 60 percent) as is considered appropriate by the Secretary, which can be matched with non-Federal moneys in accordance with the requirements of subsection (b) of this section, less such amount (but not more than 4 percent of such percentage) considered necessary by the Secretary to defray the costs of administering this chapter during such fiscal year, shall be allocated by the Secretary to carry out approved wetlands conservation projects in Canada and Mexico in accordance with [section 4405(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4405/b&num=0&edition=prelim); and (2) the remainder of such sum after paragraph (1) is applied (but at least 40 percent and not more than 70 percent), which can be matched with non-Federal moneys in accordance with the requirements of subsection (b) of this section, shall be allocated by the Secretary to carry out approved wetlands conservation projects in the United States in accordance with [section 4405(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4405/a&num=0&edition=prelim). **(b) Cost sharing** (1) Except as provided in paragraph (2), as a condition of providing assistance under this chapter for any approved wetlands conservation project, the Secretary shall require that the portion of the costs of the project paid with amounts provided by non-Federal United States sources is equal to at least the amount allocated under sub

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 669b — Authorization of appropriations

**(a) In general** (1) An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed on specified articles by sections 4161(b) and 4181 of title 26, shall, subject to the exemptions in section 4182 of such title, be covered into the Federal aid to wildlife restoration fund in the Treasury (hereinafter referred to as the “fund”) and is authorized to be appropriated and made available until expended to carry out the purposes of this chapter. So much of such appropriations apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this chapter which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act [[16 U.S.C. 715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715&num=0&edition=prelim) et seq.]. (2) There is established in the Federal aid to wildlife restoration fund a subaccount to be known as the “Wildlife Conservation and Restoration Account”. There are authorized to be appropriated for the purposes of the Wildlife Conservation and Restoration Account $50,000,000 in fiscal year 2001 for apportionment in accordance with this chapter to carry out State wildlife conservation and restoration programs. Further, interest on amounts transferred shall be treated in a manner consistent with [16 U.S.C. 669(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-se

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4401 — Findings and statement of purpose

**(a) Findings** The Congress finds and declares that— (1) the maintenance of healthy populations of migratory birds in North America is dependent on the protection, restoration, and management of wetland ecosystems and associated habitats in Canada, as well as in the United States and Mexico; (2) wetland ecosystems provide essential and significant habitat for fish, shellfish, and other wildlife of commercial, recreational, scientific, and aesthetic values; (3) almost 35 per centum of all rare, threatened, and endangered species of animals are dependent on wetland ecosystems; (4) wetland ecosystems provide substantial flood and storm control values and can obviate the need for expensive manmade control measures; (5) wetland ecosystems make a significant contribution to water availability and quality, recharging ground water, filtering surface runoff, and providing waste treatment; (6) wetland ecosystems provide aquatic areas important for recreational and aesthetic purposes; (7) more than 50 per centum of the original wetlands in the United States alone have been lost; (8) wetlands destruction, loss of nesting cover, and degradation of migration and wintering habitat have contributed to long-term downward trends in populations of migratory bird species such as pintails, American bitterns, and black ducks; (9) the migratory bird treaty obligations of the United States with Canada, Mexico, and other countries require protection of wetlands that are used by migratory birds for breeding, wintering, or migration and are needed to achieve and to maintain optimum population levels, distributions, and patterns of migration; (10) the 1988 amendments to the Fish and Wildlife Conservation Act of 1980 require the Secretary of the Interior to identify conservation measure

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4406 — Amounts available to carry out this chap-

Page 2489 TITLE 16—CONSERVATION § 4406 § 4405. Conditions relating to wetlands conserva- tion projects (a) Projects in United States (1) Subject to the allocation requirements of section 4407(a)(2) of this title and the limitations on Federal contributions under section 4407(b) of this title, the Secretary shall assist in carrying out wetlands conservation projects in the United States, which have been approved by the Migratory Bird Conservation Commission, with the Federal funds made available under this chapter and section 669b(b) of this title. (2) Except as provided in paragraph (3), any lands or waters or interests therein acquired in whole or in part by the Secretary with the Fed- eral funds made available under this chapter and section 669b(b) of this title to carry out wetlands conservation projects shall be included in the National Wildlife Refuge System. (3) In lieu of including in the National Wildlife Refuge System any lands or waters or interests therein acquired under this chapter, the Sec- retary may, with the concurrence of the Migra- tory Bird Conservation Commission, grant or otherwise provide the Federal funds made avail- able under this chapter and section 669b(b) of this title or convey any real property interest acquired in whole or in part with such funds without cost to a State or to another public agency or other entity upon a finding by the Secretary that the real property interests should not be included in the National Wildlife Refuge System: Provided, That any grant recipi- ent shall have been so identified in the project description accompanying the recommendation from the Council and approved by the Migratory Bird Conservation Commission. The Secretary shall not convey any such interest to a State, another p

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