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16 U.S.C. § 695p — Regulation of waters to maintain sump
Federal law — U.S. Code and appendices · legal_authorities
Page 1235
TITLE 16—CONSERVATION
§ 695q
Siskiyou County, California, lettered as tracts
‘‘A’’, ‘‘B’’, ‘‘C’’, ‘‘D’’, ‘‘E’’, ‘‘F’’, ‘‘G’’, ‘‘H’’, ‘‘I’’,
‘‘J’’, ‘‘K’’, ‘‘L’’, and ‘‘N’’ totaling approximately
three thousand two hundred and ninety-two
acres, and tract ‘‘P’’ in Modoc County, Cali-
fornia, containing about ten acres, all as shown
on plate 4 of the report entitled ‘‘Plan for Wild-
life Use of Federal Lands in the Upper Klamath
Basin, Oregon-California,’’ dated April 1956, pre-
pared by the United States Fish and Wildlife
Service. All the above lands shall remain perma-
nently the property of the United States.
(Pub. L. 88–567, § 2, Sept. 2, 1964, 78 Stat. 850.)
§ 695m. Annual percentage payments of net reve-
nues from leases of Klamath project lands on
pro rata basis; limitation on payments; pri-
ority of use of net revenues
Subject to conditions hereafter prescribed, and
pursuant to such regulations as may be issued
by the Secretary, 25 per centum of the net reve-
nues collected during each fiscal year from the
leasing of Klamath project reserved Federal
lands within the Executive order boundaries of
the Lower Klamath National Wildlife Refuge
and the Tule Lake National Wildlife Refuge
shall be paid annually by the Secretary, without
further authorization, for each full fiscal year
after September 2, 1964 to the counties in which
such refuges are located, such payments to be
made on a pro rata basis to each county based
upon the refuge acreage in each county: Pro-
vided, That the total annual payment per acre to
each county shall not exceed 50 per centum of
the average per acre tax levied on similar lands
in private ownership in each county, as deter-
mined by the Secretary: Provided further, That
no such payments shall be made which
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Page 1235
TITLE 16—CONSERVATION
§ 695q
Siskiyou County, California, lettered as tracts
‘‘A’’, ‘‘B’’, ‘‘C’’, ‘‘D’’, ‘‘E’’, ‘‘F’’, ‘‘G’’, ‘‘H’’, ‘‘I’’,
‘‘J’’, ‘‘K’’, ‘‘L’’, and ‘‘N’’ totaling approximately
three thousand two hundred and ninety-two
acres, and tract ‘‘P’’ in Modoc County, Cali-
fornia, containing about ten acres, all as shown
on plate 4 of the report entitled ‘‘Plan for Wild-
life Use of Federal Lands in the Upper Klamath
Basin, Oregon-California,’’ dated April 1956, pre-
pared by the United States Fish and Wildlife
Service. All the above lands shall remain perma-
nently the property of the United States.
(Pub. L. 88–567, § 2, Sept. 2, 1964, 78 Stat. 850.)
§ 695m. Annual percentage payments of net reve-
nues from leases of Klamath project lands on
pro rata basis; limitation on payments; pri-
ority of use of net revenues
Subject to conditions hereafter prescribed, and
pursuant to such regulations as may be issued
by the Secretary, 25 per centum of the net reve-
nues collected during each fiscal year from the
leasing of Klamath project reserved Federal
lands within the Executive order boundaries of
the Lower Klamath National Wildlife Refuge
and the Tule Lake National Wildlife Refuge
shall be paid annually by the Secretary, without
further authorization, for each full fiscal year
after September 2, 1964 to the counties in which
such refuges are located, such payments to be
made on a pro rata basis to each county based
upon the refuge acreage in each county: Pro-
vided, That the total annual payment per acre to
each county shall not exceed 50 per centum of
the average per acre tax levied on similar lands
in private ownership in each county, as deter-
mined by the Secretary: Provided further, That
no such payments shall be made which will re-
duce the credits or the payments to be made
pursuant to contractual obligations of the
United States with the Tulelake Irrigation Dis-
trict or the payments to the Klamath Drainage
District as full reimbursement for the construc-
tion of irrigation facilities within said district,
and that the priority of use of the total net reve-
nues collected from the leasing of the lands de-
scribed in this section shall be (1) to credit or
pay from each revenues to the Tulelake Irriga-
tion District the amounts already committed to
such payment or credit; (2) to pay from such rev-
enues to the Klamath Drainage District the sum
of $197,315; and (3) to pay from such revenues to
the counties the amounts prescribed by this sec-
tion.
(Pub. L. 88–567, § 3, Sept. 2, 1964, 78 Stat. 850.)
§ 695n. Leases of Lower Klamath and Tule Lake
National Wildlife Refuge reserved lands;
management of other reserved public lands
for waterfowl purposes
The Secretary shall, consistent with proper
waterfowl management, continue the present
pattern of leasing the reserved lands of the
Klamath Straits unit, the Southwest Sump, the
League of Nations unit, the Henzel lease, and
the Frog Pond unit, all within the Executive
order boundaries of the Lower Klamath and Tule
Lake National Wildlife Refuges and shown in
plate 4 of the report entitled ‘‘Plan for Wildlife
Use of Federal Lands in the Upper Klamath
Basin, Oregon-California,’’ dated April 1956.
Leases for these lands shall be at a price or
prices designed to obtain the maximum lease
revenues. The leases shall provide for the grow-
ing of grain, forage, and soil-building crops, ex-
cept that not more than 25 per centum of the
total leased lands may be planted to row crops.
All other reserved public lands included in sec-
tion 695l of this title shall continue to be man-
aged by the Secretary for waterfowl purposes,
including the growing of agricultural crops by
direct planting and sharecrop agreements with
local cooperators where necessary.
(Pub. L. 88–567, § 4, Sept. 2, 1964, 78 Stat. 851.)
§ 695o. Limitation on reduction of areas by
diking or other construction
The areas of sumps 1(a) and 1(b) in the Klam-
ath project lying within the Executive order
boundaries of the Tule Lake National Wildlife
Refuge shall not be reduced by diking or by any
other construction to less than the existing thir-
teen thousand acres.
(Pub. L. 88–567, § 5, Sept. 2, 1964, 78 Stat. 851.)
§ 695p. Regulation of waters to maintain sump
levels
In carrying out the obligations of the United
States under any migratory bird treaty, the Mi-
gratory Bird Treaty Act (40 Stat. 755), as amend-
ed [16 U.S.C. 703 et seq.], or the Migratory Bird
Conservation Act (45 Stat. 1222), as amended [16
U.S.C. 715 et seq.], waters under the control of
the Secretary of the Interior shall be regulated,
subject to valid existing rights, to maintain
sump levels in the Tule Lake National Wildlife
Refuge at levels established by regulations
issued by the Secretary pursuant to the contract
between the United States and the Tulelake Ir-
rigation District, dated September 10, 1956, or
any amendment thereof. Such regulations shall
accommodate to the maximum extent prac-
ticable waterfowl management needs.
(Pub. L. 88–567, § 6, Sept. 2, 1964, 78 Stat. 851.)
Editorial Notes
REFERENCES IN TEXT
The Migratory Bird Treaty Act (40 Stat. 755), referred
to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which
is classified generally to subchapter II of chapter 7
(§ 703 et seq.) of this title. For complete classification of
this Act to the Code, see section 710 of this title and
Tables.
The Migratory Bird Conservation Act (45 Stat. 1222),
as amended, referred to in text, is act Feb. 18, 1929, ch.
257, 45 Stat. 1222, which is classified generally to sub-
chapter III (§ 715 et seq.) of chapter 7 of this title. For
complete classification of this Act to the Code, see sec-
tion 715 of this title and Tables.
§ 695q. Research studies on Clear Lake Refuge;
report to Congress
The Secretary is hereby directed to complete
studies that have been undertaken relating to
the development of the water resources and wa-
terfowl management potential of the Clear Lake
National Wildlife Refuge. The results of such
studies, when completed, and the recommenda-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], or the Migratory Bird Conservation Act (45 Stat. 1222), as amended [[16 U.S.C. 715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715&num=0&edition=prelim) et seq.], waters under the control of the Secretary of the Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs.
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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
This subchapter shall be known by the short title of “Migratory Bird Conservation Act.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 715
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Federal law — U.S. Code and appendices · legal_authorities
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,
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 715
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