16 U.S.C. § 715f — Consent of State to conveyance in fee

Page 1271 TITLE 16—CONSERVATION § 715f rental by the Commission at the price or prices fixed by the Commission; and (2) acquire, by gift or devise, any area or in- terests therein; which he determines to be suitable for use as an inviolate sanctuary, or for any other manage- ment purpose, for migratory birds. The Sec- retary may pay, when deemed necessary by him and from moneys authorized to be appropriated for the purposes of this subchapter (A) the pur- chase or rental price of any such area or interest therein, and (B) the expenses incident to the lo- cation, examination, survey, and acquisition of title (including options) of any such area or in- terest therein. No lands acquired, held, or used by the United States for military purposes shall be subject to any provisions of this subchapter. (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.) Editorial Notes AMENDMENTS 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 manage- ment purposes. 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. §§ 715d–1, 715d–2. Repealed. Pub. L. 89–669, § 8(a), Oct. 15, 1966, 80 Stat. 930 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. § 715d–3. Omitted Editorial Notes CODIFICATION Section, act June 15, 1935, ch. 261, title V, § 501, 49 Stat. 383, authorized President to allocate out of appro- priation 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 res- ervations 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 sub- chapter, but no payment shall be made for any such areas until the title thereto shall be satis- factory 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 encum- bered 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 sub- chapter 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 sanc- tuaries 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.) Editorial Notes 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 nec- essary’’ etc. 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. § 715e–1. Omitted Editorial Notes CODIFICATION Section, act June 15, 1935, ch. 261, title III, § 304, 49 Stat. 382, applying section 715e of this title to ex- changes 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. § 715f. Consent of State to conveyance in fee No deed or instrument of conveyance in fee shall be accepted by the Secretary of the Inte- rior 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.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–434 inserted ‘‘in fee’’ after ‘‘convey- ance’’. Page 1272 TITLE 16—CONSERVATION § 715g 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. § 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 ad- ministration by the United States as migratory- bird reservations, except so far as the punish- ment 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 for- bidden 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 ac- quired or reserved pursuant to this subchapter shall, unless otherwise provided by law, be ad- ministered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accord- ance with treaty obligations with Mexico, Can- ada, Japan, and the Union of Soviet Socialist Republics, and other species of wildlife found thereon, including species that are listed pursu- ant to section 1533 of this title as endangered species or threatened species, and to restore or develop adequate wildlife habitat. (b) Management and public and private agency agreements authorization In administering such areas, the Secretary is authorized to manage timber, range, and agri- cultural crops; to manage other species of ani- mals, 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.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–616 provided for treaty obligations with Japan and the Union of Soviet Social- ist Republics. 1973—Subsec. (a). Pub. L. 93–205 substituted ‘‘listed pursuant to section 1533 of this title as endangered spe- cies or threatened species,’’ for ‘‘threatened with ex- tinction,’’. 1966—Subsecs. (a), (b). Pub. L. 89–669 added subsecs. (a) and (b). Former paragraph prohibited acts on ac- quired areas and is now covered by section 668dd(c) and (d)(1) of this title. Statutory Notes and Related Subsidiaries 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. 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. § 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 Ex- tinction, 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 Novem- ber 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.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Treaty Act, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of this chapter. For complete classification of this Act to the Code, see section 710 of this title and Tables. AMENDMENTS 1978—Pub. L. 95–616 defined migratory birds for pur- poses of the Migratory Bird Treaty Act and to include those defined in the Convention of Mar. 4, 1972, con- cluded with Government of Japan and the Convention of Nov. 19, 1976, concluded with Union of Soviet Social- ist Republics. 1966—Pub. L. 89–669 inserted ‘‘(39 Stat. 1702)’’ and de- fined 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 pur- poses of subchapter; disposal; reservation protectors For the acquisition, including the location, ex- amination, and survey, of suitable areas of land, water, or land and water, for use as migratory bird reservations, and necessary expenses inci- dent thereto, and for the administration, main-