16 U.S.C. § 715 — Short title

Page 1269 TITLE 16—CONSERVATION § 715 operate with local authorities in the protection of migratory birds and make the necessary in- vestigations 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.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act June 20, 1936, ch. 634, § 5, 49 Stat. 1556, provided in part that this section is effective as of the day afore- said (June 30, 1937). See Effective Date of 1936 Amend- ment note set out under section 703 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 admin- istration 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.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see Transfer of Func- tions 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. § 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 con- troversy in which such judgment shall have been rendered. (July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 sec- tion 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’.’’ SHORT TITLE OF 1998 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’.’’ § 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.) § 712. Treaty and convention implementing regu- lations; 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 au- thorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the in- digenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Sec- retary of the Interior, during seasons estab- lished 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 be- tween the United States and Great Britain for the protection of migratory birds concluded Au- gust 16, 1916, the convention between the United States and the United Mexican States for the protection of migratory birds and game mam- mals 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 be- tween the United States and the Union of Soviet Socialist Republics for the conservation of mi- gratory birds and their environment concluded November 19, 1976. (Pub. L. 95–616, § 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.) Editorial Notes CODIFICATION Par. (1) of section 3(h) of Pub. L. 95–616 amended sec- tion 706 of this title. Pars. (2) and (3) of such section 3(h) were redesignated (1) and (2) for codification pur- poses. Section was enacted as part of the Fish and Wildlife Improvement Act of 1978, and not as part of the Migra- tory 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.) Page 1270 TITLE 16—CONSERVATION § 715a Statutory Notes and Related Subsidiaries SHORT TITLE OF 1976 AMENDMENT 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’.’’ § 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 Ad- ministrator of the Environmental Protection Agency, the Secretary of Agriculture and two 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 Sec- retary 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 commis- sion notwithstanding the expiration of a Con- gress. Any vacancy on the commission shall be filled in the same manner as the original ap- pointment. The ranking officer of the branch or department of a State to which is committed the administration of its game laws, or his au- thorized 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.) Editorial Notes 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. Executive Documents 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 relat- ing to conservation of wildlife, game, and migratory birds to Secretary of the Interior, and provided that Secretary of the Interior should be chairman of Migra- tory Bird Conservation Commission and that Secretary of Agriculture should be a member thereof. § 715b. Annual report The commission created by section 715a of this title shall, through its chairman, annually re- port 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, § 3, 45 Stat. 1223.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, 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; char- acter The Secretary of the Interior may not rec- ommend any area for purchase or rental under the terms of this subchapter unless the Sec- retary of the Interior— (1) has determined that such area is nec- essary 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.) Editorial Notes 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 ‘‘migra- tory game birds’’. 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. 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