16 U.S.C. § 715o — National forest and power sites; use for

Page 1274 TITLE 16—CONSERVATION § 715k–4 1 So in original. Probably should be capitalized. 1 So in original. Probably should be capitalized. 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’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 87–383, which enacted this section and sec- tions 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 estab- lished pursuant to section 718d of this title. (Pub. L. 87–383, § 2, Oct. 4, 1961, 75 Stat. 813.) Editorial Notes CODIFICATION Section was not enacted as part of the Migratory Bird Conservation Act which comprises this sub- chapter. § 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.) Editorial Notes CODIFICATION Section was not enacted as part of the Migratory Bird Conservation Act which comprises this sub- chapter. 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 repay- ment shall be made in annual amounts comprising 75 per centum of the moneys accruing annually to such fund. In the event the full amount authorized by sec- tion 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 pe- riod’’ 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 du- ties of United States judges, commissioners and em- ployees 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 pur- sue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires. (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, with- draw, or determine, except heretofore des- ignated, 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.) Editorial Notes REFERENCES IN TEXT Herein created, referred to in text, means created by section 715a of this title. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note set out under section 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 provi- sions of this subchapter and all regulations pro- mulgated thereunder, the Secretary of the Inte- rior 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.)