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16 U.S.C. § 715k — Authorization of appropriations for pur-
Federal law — U.S. Code and appendices · legal_authorities
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 S
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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-
Page 1273
TITLE 16—CONSERVATION
§ 715k–3
tenance, 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 authori-
ties in wildlife conservation, for investigations
and publications relating to North American
birds, for personal services, printing, engraving,
and issuance of circulars, posters, and other nec-
essary 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 appro-
priated, $200,000 for the fiscal year ending June
30, 1940, and for each fiscal year thereafter. No
part of any appropriation authorized by this sec-
tion 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: Pro-
vided, That reservation protectors appointed
under the provisions of this subchapter, shall be
selected, when practicable, from qualified citi-
zens of the State in which they are to be em-
ployed. The Secretary of the Interior is author-
ized and directed to make such expenditures and
to employ such means, including personal serv-
ices 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.)
Editorial Notes
CODIFICATION
Provisions of this section which related to appropria-
tions 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-
tory game birds’’, and ‘‘United States protector’’ for
‘‘United States game protector’’.
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.
§ 715k–1. Expenditures for personal services
In the execution of this Act, the Secretary of
the Interior is authorized to make such expendi-
tures for personal services in the District of Co-
lumbia and elsewhere as he shall deem nec-
essary.
(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.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, probably means the act
of June 15, 1935, ch. 261, 49 Stat. 378, which is classified
in part to certain sections of this subchapter and of
subchapter IV of this chapter. For complete classifica-
tion 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, reha-
bilitation 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 sub-
chapter.
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.
§ 715k–2. Omitted
Editorial Notes
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 ap-
propriation available for maintenance and operation of
motor-propelled passenger-carrying vehicles.
§ 715k–3. Authorization of appropriations for the
preservation of wetlands and other water-
fowl habitat
In order to promote the conservation of migra-
tory waterfowl and to offset or prevent the seri-
ous loss of important wetlands and other water-
fowl habitat essential to the preservation of
such waterfowl, there is authorized to be appro-
priated 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.)
Editorial Notes
CODIFICATION
Section was not enacted as part of the Migratory
Bird Conservation Act which comprises this sub-
chapter.
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’’.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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” me
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 16—CONSERVATION
§ 702
(12) provide training and information to appropriate
employees on methods and means of avoiding or mini-
mizing the take of migratory birds and conserving and
restoring migratory bird habitat;
(13) promote migratory bird conservation in inter-
national activities and with other countries and inter-
national partners, in consultation with the Department
of State, as appropriate or relevant to the agency’s au-
thorities;
(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 im-
mediately begin implementing the conservation meas-
ures set forth above in subparagraphs (1) through (15) of
this section, as appropriate and practicable.
(g) Each agency shall advise the public of the avail-
ability 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 inter-
agency 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 Migra-
tory Bird Federal Stewardship Award for contributions
to the protection of migratory birds.
(b) The Council shall include representation, at the
bureau di
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 703
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Federal law — U.S. Code and appendices · legal_authorities
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
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