Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
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title_name: "CONSERVATION"
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citation: "16 U.S.C. § 702"
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---
# 16 U.S.C. § 702 - Importation of eggs of game birds for propagation
## Text
The Secretary of the Interior shall have the power to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the importation of eggs of said birds for such purposes.
(June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
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 701 of this title.
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---
type: "LegalText"
title: "16 U.S.C. § 704"
description: "Determination as to when and how migratory birds may be taken, killed, or possessed"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 16
title_name: "CONSERVATION"
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chapter_name: "PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS"
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citation: "16 U.S.C. § 704"
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---
# 16 U.S.C. § 704 - Determination as to when and how migratory birds may be taken, killed, or possessed
## Text
(a) Subject to the provisions and in order to carry out the purposes of the conventions, referred to in section 703 of this title, the Secretary of the Interior is authorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the conventions to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations, which regulations shall become effective when approved by the President.
(b) It shall be unlawful for any person to—
(1) take any migratory game bird by the aid of baiting, or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or
(2) place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.
(c) Federal Framework Closing Date for Hunting of Ducks, Mergansers, and Coots.— (1) Regulations relating to framework closing date.— (A) In general.— In promulgating regulations under subsection (a) relating to the Federal framework for the closing date up to which the States may select seasons for migratory bird hunting, except as provided in paragraph (2), the Secretary shall, with respect to the hunting season for ducks, mergansers, and coots—
(i) subject to subparagraph (B), adopt the recommendation of each respective flyway council (as defined in section 20.152 of title 50, Code of Federal Regulations) for the Federal framework if the Secretary determines that the recommendation is consistent with science-based and sustainable harvest management; and
(ii) allow the States to establish the closing date for the hunting season in accordance with the Federal framework.
(B) Requirement.— The framework closing date promulgated by the Secretary under subparagraph (A) shall not be later than January 31 of each year.
(2) Special hunting days for youths, veterans, and active military personnel.— (A) In general.— Notwithstanding the Federal framework closing date under paragraph (1) and subject to subparagraphs (B) and (C), the Secretary shall allow States to select 2 days for youths and 2 days for veterans (as defined in section 101 of title 38) and members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), to hunt eligible ducks, geese, swans, mergansers, coots, moorhens, and gallinules, if the Secretary determines that the addition of those days is consistent with science-based and sustainable harvest management. Such days shall be treated as separate from, and in addition to, the annual Federal framework hunting season lengths.
(B) Requirements.— In selecting days under subparagraph (A), a State shall ensure that—
(i) the days selected—
(I) may only include the hunting of duck, geese, swan, merganser, coot, moorhen, and gallinule species that are eligible for hunting under the applicable annual Federal framework;
(II) are not more than 14 days before or after the Federal framework hunting season for ducks, mergansers, and coots; and
(III) are otherwise consistent with the Federal framework; and
(ii) the total number of days in a hunting season for any migratory bird species, including any days selected under subparagraph (A), is not more than 107 days.
(C) Limitation.— A State may combine the 2 days allowed for youths with the 2 days allowed for veterans and members of the Armed Forces on active duty under subparagraph (A), but in no circumstance may a State have more than a total of 4 additional days added to its regular hunting season for any purpose.
(3) Regulations.— The Secretary shall promulgate regulations in accordance with this subsection for the Federal framework for migratory bird hunting for the 20192020 hunting season and each hunting season thereafter.
(July 3, 1918, ch. 128, § 3, 40 Stat. 755; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105312, title I, § 102, Oct. 30, 1998, 112 Stat. 2956; Pub. L. 1169, title IV, § 4301, Mar. 12, 2019, 133 Stat. 764.)
## Notes
Editorial Notes
Amendments2019—Subsec. (c). Pub. L. 1169 added subsec. (c). 1998—Pub. L. 105312 designated existing provisions as subsec. (a) and added subsec. (b). 1936—Act June 20, 1936, substituted “conventions” for “convention” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1936 AmendmentAct June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title.
Baiting of Migratory Game BirdsPub. L. 115334, title XII, § 12601, Dec. 20, 2018, 132 Stat. 5003, provided that: “(a) Definitions.—In this section:“(1) Normal agricultural operation.—The term normal agricultural operation has the meaning given the term in section 20.11 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 20, 2018]). “(2) Post-disaster flooding.—The term post-disaster flooding means the destruction of a crop through flooding in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the crop year—“(A) in which the natural disaster occurred; or “(B) immediately preceding the crop year in which the natural disaster occurred. “(3) Rice ratooning.—The term rice ratooning means the agricultural practice of harvesting rice by cutting the majority of the aboveground portion of the rice plant but leaving the roots and growing shoot apices intact to allow the plant to recover and produce a second crop yield. “(b) Regulations to Exclude Rice Ratooning and Post-disaster Flooding.—Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall revise part 20 of title 50, Code of Federal Regulations, to clarify that rice ratooning and post-disaster flooding, when carried out as part of a normal agricultural operation, do not constitute baiting. “(c) Reports.—Not less frequently than once each year—“(1) the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural operations across the range of crops grown by agricultural producers in each region of the United States in which the official recommendations described in section 20.11(h) of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), are provided to agricultural producers; and “(2) the Secretary of the Interior, in consultation with the Secretary of Agriculture and after seeking input from the heads of State departments of fish and wildlife or the Regional Migratory Bird Flyway Councils of the United States Fish and Wildlife Service, shall publicly post a report on the impact that rice ratooning and post-disaster flooding have on the behavior of migratory game birds that are hunted in the area in which rice ratooning and post-disaster flooding, respectively, have occurred.”
Report on Effects of 1998 AmendmentsPub. L. 105312, title I, § 104, Oct. 30, 1998, 112 Stat. 2956, directed that no later than 5 years after Oct. 30, 1998, the Secretary of the Interior submit to the appropriate Senate and House committees a report analyzing the effect of certain amendments made by Pub. L. 105312, and the general practice of baiting, on migratory bird conservation and law enforcement efforts under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
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 701 of this title.
Delegation of Functions For delegation to Secretary of the Interior of authority vested in President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out as a note under section 715j of Title 15, Commerce and Trade. Secretary of the Interior empowered to promulgate regulations under this section without approval, ratification, or other action of President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.
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description: "Transportation or importation of migratory birds; when unlawful"
jurisdiction: "us"
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title_number: 16
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citation: "16 U.S.C. § 705"
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# 16 U.S.C. § 705 - Transportation or importation of migratory birds; when unlawful
## Text
It shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Territory, or district to or through another State, Territory, or district, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or district in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried.
(July 3, 1918, ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91135, § 10, Dec. 5, 1969, 83 Stat. 282.)
## Notes
Editorial Notes
Amendments1969—Pub. L. 91135 repealed second par., which prohibited shipment of wild game mammals or parts thereof by any person of the United States to and from Mexico, except by permit from the Secretary of the Interior. 1936—Act June 20, 1936, inserted last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 AmendmentPub. L. 91135, § 11, Dec. 5, 1969, 83 Stat. 282, provided that: “The provisions of sections 1 through 10 of this Act [enacting sections 668cc1 to 668cc6 of this title and amending this section, sections 851, 852, 852a, and 852d of this title, and sections 43, 44, 3054, and 3112 of Title 18, Crimes and Criminal Procedure] shall be effective one hundred and eighty days after the date of enactment of this Act [Dec. 5, 1969].”
Effective Date of 1936 AmendmentAct June 20, 1936, ch. 634, § 4, 49 Stat. 1556, provided in part that the amendment by section 4 is effective as of the day aforesaid (June 30, 1937). See note under section 703 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 701 of this title.
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# 16 U.S.C. § 706 - Arrests; search warrants
## Text
Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this subchapter shall have power, without warrant, to arrest any person committing a violation of this subchapter in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this subchapter; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder shall, when found, be seized and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder, shall be forfeited to the United States and disposed of by the Secretary of the Interior in such manner as he deems appropriate.
(July 3, 1918, ch. 128, § 5, 40 Stat. 756; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 90578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95616, § 3(h)(1), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95616 made provisions respecting seizures and judgment of court applicable to birds, or parts, nests, or eggs sold or offered for sale, bartered or offered for barter, purchased, imported and exported and substituted “any regulation prescribed thereunder” in two places for “any regulations made pursuant thereto” and “any regulation made pursuant thereto” and provision for disposition of the birds, etc., by Secretary of the Interior in such manner as he deems appropriate for prior provision for such disposition as directed by court having jurisdiction.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judges” substituted for “United States magistrates” in text pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrates” substituted in text for “United States commissioners” pursuant to Pub. L. 90578. See chapter 43 (§ 631 et seq.) of Title 28.
Executive Documents
Transfer of Functions Enforcement functions of Secretary or other official in Department of the Interior related to compliance with protection of certain birds under this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. 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.
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# 16 U.S.C. § 707 - Violations and penalties; forfeitures
## Text
(a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this subchapter, or who shall violate or fail to comply with any regulation made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both.
(b) Whoever, in violation of this subchapter, shall knowingly—
(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or
(2) sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both.
(c) Whoever violates section 704(b)(2) of this title shall be fined under title 18, imprisoned not more than 1 year, or both.
(d) All guns, traps, nets and other equipment, vessels, vehicles, and other means of transportation used by any person when engaged in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or attempting to take, capture, or kill any migratory bird in violation of this subchapter with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of this subchapter shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this subchapter and upon conviction for such violation, such forfeiture shall be adjudicated as a penalty in addition to any other provided for violation of this subchapter. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior.
(July 3, 1918, ch. 128, § 6, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; Pub. L. 86732, Sept. 8, 1960, 74 Stat. 866; Pub. L. 99645, title V, § 501, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 105312, title I, § 103, Oct. 30, 1998, 112 Stat. 2956.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105312, § 103(1), substituted “$15,000” for “$500”. Subsecs. (c), (d). Pub. L. 105312, § 103(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (b). Pub. L. 99645 substituted “shall knowingly” for “shall” in introductory provisions. 1960—Pub. L. 86732 designated existing provisions as subsec. (a), inserted “Except as otherwise provided in this section”, and added subsecs. (b) and (c). 1936—Act June 20, 1936, substituted “conventions” for “convention”.
Statutory Notes and Related Subsidiaries
Effective Date of 1936 AmendmentAct June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title.
Executive Documents
Transfer of Functions For transfer of certain enforcement functions of Secretary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions note set out under section 706 of this title.
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---
# 16 U.S.C. § 708 - State or Territorial laws or regulations
## Text
Nothing in this subchapter shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section 704 of this title.
(July 3, 1918, ch. 128, § 7, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556.)
## Notes
Editorial Notes
Amendments1936—Act June 20, 1936, substituted “conventions” for “convention”.
Statutory Notes and Related Subsidiaries
Effective Date of 1936 AmendmentAct June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title.
@@ -0,0 +1,35 @@
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title_number: 16
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section: "709"
citation: "16 U.S.C. § 709"
status: "current"
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---
# 16 U.S.C. § 709 - Omitted
## Notes
Editorial Notes
Codification Section, act July 3, 1918, ch. 128, § 8, 40 Stat. 756, authorized taking and use of migratory birds, nests, or eggs for scientific or propagating purposes until adoption and approval, pursuant to section 704 of this title, of regulations dealing therewith. Regulations were promulgated by Proc. July 31, 1918, 40 Stat. 1812.
@@ -0,0 +1,47 @@
---
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description: "Authorization of appropriations"
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title_name: "CONSERVATION"
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---
# 16 U.S.C. § 709a - Authorization of appropriations
## Text
There is hereby authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of said conventions and of this subchapter and regulations made pursuant thereto, and the Secretary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may cooperate with local authorities in the protection of migratory birds and make the necessary investigations 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.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateAct June 20, 1936, ch. 634, § 5, 49 Stat. 1556, provided in part that this section is effective as of the day aforesaid (June 30, 1937). See Effective Date of 1936 Amendment note set out under section 703 of this title.
Availability of FundsAct June 20, 1936, ch. 634, § 6, 49 Stat. 1557, provided: “That all moneys now or hereafter available for administration 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 Secretary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions 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.
@@ -0,0 +1,47 @@
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---
# 16 U.S.C. § 710 - Partial invalidity; short title
## Text
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 controversy in which such judgment shall have been rendered.
(July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.)
## Notes
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 AmendmentPub. L. 108447, div. E, title I, § 143(a), Dec. 8, 2004, 118 Stat. 3071, provided that: “This section [amending section 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 AmendmentPub. L. 105312, 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.”
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---
# 16 U.S.C. § 711 - Breeding and sale for food supply
## Text
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.)
@@ -0,0 +1,43 @@
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# 16 U.S.C. § 712 - Treaty and convention implementing regulations; 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
## Text
(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 authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established 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 between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, the convention between the United States and the United Mexican States for the protection of migratory birds and game mammals 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 between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environment concluded November 19, 1976.
(Pub. L. 95616, § 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.)
## Notes
Editorial Notes
Codification Par. (1) of section 3(h) of Pub. L. 95616 amended section 706 of this title. Pars. (2) and (3) of such section 3(h) were redesignated (1) and (2) for codification purposes. Section was enacted as part of the Fish and Wildlife Improvement Act of 1978, and not as part of the Migratory Bird Treaty Act which comprises this subchapter.
@@ -0,0 +1,41 @@
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---
# 16 U.S.C. § 715 - Short title
## Text
This subchapter shall be known by the short title of “Migratory Bird Conservation Act.”
(Feb. 18, 1929, ch. 257, § 1, 45 Stat. 1222.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 1976 AmendmentPub. L. 94215, § 1, Feb 17, 1976, 90 Stat. 189, provided: “That this Act [amending sections 668dd, 715a, 715k3, 715k5, 718a, 718b, and 718d of this title] may be cited as the Wetlands Loan Extension Act of 1976.”
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---
# 16 U.S.C. § 715a - Migratory Bird Conservation Commission; creation; composition; duties; approval of areas of land and water recommended for purchase or rental
## Text
A commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of the Interior, as chairman, the Administrator 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 Secretary 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 commission notwithstanding the expiration of a Congress. Any vacancy on the commission shall be filled in the same manner as the original appointment. The ranking officer of the branch or department of a State to which is committed the administration of its game laws, or his authorized 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. 90261, Mar. 2, 1968, 82 Stat. 39; Pub. L. 94215, § 4, Feb. 17, 1976, 90 Stat. 190; Pub. L. 101233, § 13, Dec. 13, 1989, 103 Stat. 1977.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101233 substituted “Administrator of the Environmental Protection Agency” for “Secretary of Transportation”. 1976—Pub. L. 94215 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. 90261 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 relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior, and provided that Secretary of the Interior should be chairman of Migratory Bird Conservation Commission and that Secretary of Agriculture should be a member thereof.
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---
# 16 U.S.C. § 715b - Annual report
## Text
The commission created by section 715a of this title shall, through its chairman, annually report 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.)
## Notes
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor 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. 1037 (in which a report required under this section is listed on page 177), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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---
# 16 U.S.C. § 715c - Areas recommended for approval; character
## Text
The Secretary of the Interior may not recommend any area for purchase or rental under the terms of this subchapter unless the Secretary of the Interior—
(1) has determined that such area is necessary 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. 89669, § 7(a), Oct. 15, 1966, 80 Stat. 929; Pub. L. 95552, § 2, Oct. 30, 1978, 92 Stat. 2071.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95552 substituted “may not recommend any area” for “shall recommend no area”, incorporated existing provision in item (1) and added item (2). 1966—Pub. L. 89669 struck out “game” from “migratory 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.
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# 16 U.S.C. § 715d3 - Omitted
## Notes
Editorial Notes
Codification Section, act June 15, 1935, ch. 261, title V, § 501, 49 Stat. 383, authorized President to allocate out of appropriation made to him by resolution of April 8, 1935, a sum for acquisition of areas for bird sanctuaries and refuges.
@@ -0,0 +1,51 @@
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# 16 U.S.C. § 715d - Purchase or rental of approved areas or interests therein; gifts and devises; United States lands
## Text
The Secretary of the Interior may—
(1) purchase or rent such areas or interests therein as have been approved for purchase or rental by the Commission at the price or prices fixed by the Commission; and
(2) acquire, by gift or devise, any area or interests therein;
which he determines to be suitable for use as an inviolate sanctuary, or for any other management purpose, for migratory birds. The Secretary may pay, when deemed necessary by him and from moneys authorized to be appropriated for the purposes of this subchapter (A) the purchase or rental price of any such area or interest therein, and (B) the expenses incident to the location, examination, survey, and acquisition of title (including options) of any such area or interest 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. 95616, § 5(a), Nov. 8, 1978, 92 Stat. 3113.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95616 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 management 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.
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# 16 U.S.C. § 715e1 - Omitted
## Notes
Editorial Notes
Codification Section, act June 15, 1935, ch. 261, title III, § 304, 49 Stat. 382, applying section 715e of this title to exchanges effected under former sections 715d1 and 715d2, has been omitted due to the repeal of sections 715d1 and 715d2 by Pub. L. 89669, § 8(a), Oct. 15, 1966, 80 Stat. 930.
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# 16 U.S.C. § 715e - Examination of title; easements and reservations
## Text
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 subchapter, but no payment shall be made for any such areas until the title thereto shall be satisfactory 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 encumbered 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 subchapter 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 sanctuaries 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. 91393, § 6, Sept. 1, 1970, 84 Stat. 835.)
## Notes
Editorial Notes
Amendments1970—Pub. L. 91393 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 necessary” 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.
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# 16 U.S.C. § 715f - Consent of State to conveyance in fee
## Text
No deed or instrument of conveyance in fee shall be accepted by the Secretary of the Interior 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. 103434, title XIII, Oct. 31, 1994, 108 Stat. 4565.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103434 inserted “in fee” after “conveyance”.
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.
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# 16 U.S.C. § 715g - Jurisdiction of State over areas acquired
## Text
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 administration by the United States as migratory-bird reservations, except so far as the punishment of offenses against the United States is concerned.
(Feb. 18, 1929, ch. 257, § 8, 45 Stat. 1224.)
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# 16 U.S.C. § 715h - Operation of State game laws
## Text
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 forbidden by Federal law.
(Feb. 18, 1929, ch. 257, § 9, 45 Stat. 1224.)
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# 16 U.S.C. § 715i - Administration
## Text
(a) Treaty obligations; rules and regulations Areas of lands, waters, or interests therein acquired or reserved pursuant to this subchapter shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico, Canada, Japan, and the Union of Soviet Socialist Republics, and other species of wildlife found thereon, including species that are listed pursuant 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 agricultural crops; to manage other species of animals, 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. 89669, § 7(b), Oct. 15, 1966, 80 Stat. 929; Pub. L. 93205, § 13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 95616, § 5(b), Nov. 8, 1978, 92 Stat. 3114.)
## Notes
Editorial Notes
Amendments1978—Subsec. (a). Pub. L. 95616 provided for treaty obligations with Japan and the Union of Soviet Socialist Republics. 1973—Subsec. (a). Pub. L. 93205 substituted “listed pursuant to section 1533 of this title as endangered species or threatened species,” for “threatened with extinction,”. 1966—Subsecs. (a), (b). Pub. L. 89669 added subsecs. (a) and (b). Former paragraph prohibited acts on acquired areas and is now covered by section 668dd(c) and (d)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1973 AmendmentAmendment by Pub. L. 93205 effective Dec. 28, 1973, see section 16 of Pub. L. 93205, 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.
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# 16 U.S.C. § 715j - “Migratory birds” defined
## Text
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 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 Environment concluded November 19, 1976.
(Feb. 18, 1929, ch. 257, § 11, 45 Stat. 1224; Pub. L. 89669, § 7(c), Oct. 15, 1966, 80 Stat. 930; Pub. L. 95616, § 5(c), Nov. 8, 1978, 92 Stat. 3114.)
## Notes
Editorial Notes
References in TextThe 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.
Amendments1978—Pub. L. 95616 defined migratory birds for purposes of the Migratory Bird Treaty Act and to include those defined in the Convention of Mar. 4, 1972, concluded with Government of Japan and the Convention of Nov. 19, 1976, concluded with Union of Soviet Socialist Republics. 1966—Pub. L. 89669 inserted “(39 Stat. 1702)” and defined migratory birds to include those defined in the Treaty of Feb. 7, 1936 (50 Stat. 1311) with the United Mexican States.
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# 16 U.S.C. § 715k1 - Expenditures for personal services
## Text
In the execution of this Act, the Secretary of the Interior is authorized to make such expenditures for personal services in the District of Columbia and elsewhere as he shall deem necessary.
(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.)
## Notes
Editorial Notes
References in TextThis 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 classification 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, rehabilitation 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 subchapter.
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.
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# 16 U.S.C. § 715k2 - Omitted
## Notes
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 appropriation available for maintenance and operation of motor-propelled passenger-carrying vehicles.
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# 16 U.S.C. § 715k3 - Authorization of appropriations for the preservation of wetlands and other waterfowl habitat
## Text
In order to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetlands and other waterfowl habitat essential to the preservation of such waterfowl, there is authorized to be appropriated 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. 87383, § 1, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90205, § 1(a), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94215, § 2(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98200, § 1, Dec. 2, 1983, 97 Stat. 1378; Pub. L. 98548, title I, § 101, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 99645, title I, § 101(a), Nov. 10, 1986, 100 Stat. 3584; Pub. L. 100653, title III, § 301, Nov. 14, 1988, 102 Stat. 3827.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
Amendments1988—Pub. L. 100653 substituted “when all amounts authorized to be appropriated have been expended” for “at the close of September 30, 1988”. 1986—Pub. L. 99645 substituted “September 30, 1988” for “September 30, 1986”. 1984—Pub. L. 98548 substituted “September 30, 1986” for “September 30, 1984”. 1983—Pub. L. 98200 substituted “September 30, 1984” for “September 30, 1983”. 1976—Pub. L. 94215 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. 90205 substituted “fifteen-year period” for “seven-year period”.
Statutory Notes and Related Subsidiaries
Short TitlePub. L. 87383, which enacted this section and sections 715k4 and 715k5 of this title, is popularly known as the “Wetlands Loan Act”.
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# 16 U.S.C. § 715k4 - Accounting and use of appropriations
## Text
Funds appropriated each fiscal year pursuant to sections 715k3 to 715k5 of this title shall be accounted for, added to, and used for purposes of the migratory bird conservation fund 11 So in original. Probably should be capitalized. established pursuant to section 718d of this title.
(Pub. L. 87383, § 2, Oct. 4, 1961, 75 Stat. 813.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
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# 16 U.S.C. § 715k5 - Acquisition of lands
## Text
No land shall be acquired with moneys from the migratory bird conservation fund 11 So in original. Probably should be capitalized. unless the acquisition thereof has been approved by the Governor of the State or appropriate State agency.
(Pub. L. 87383, § 3, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90205, § 1(b), Dec. 15, 1967, 81 Stat. 612; Pub. L. 94215, § 2(b), Feb. 17, 1976, 90 Stat. 189; Pub. L. 98200, § 2, Dec. 2, 1983, 97 Stat. 1378; Pub. L. 98548, title I, § 102, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 99645, title I, § 101(b), Nov. 10, 1986, 100 Stat. 3584.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Migratory Bird Conservation Act which comprises this subchapter.
Amendments1986—Pub. L. 99645 struck out first three sentences which read as follows: “Funds appropriated pursuant to sections 715k3 to 715k5 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 repayment 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 section 715k3 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. 98548 substituted “October 1, 1986” for “October 1, 1984” in two places. 1983—Pub. L. 98200 substituted “October 1, 1984” for “October 1, 1983” in two places. 1976—Pub. L. 94215 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. 90205 made minor structural changes and substituted “1977” for “1969” and “fifteen-year period” for “seven-year period”.
@@ -0,0 +1,47 @@
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# 16 U.S.C. § 715k - Authorization of appropriations for purposes of subchapter; disposal; reservation protectors
## Text
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 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. 89669, § 7(a), Oct. 15, 1966, 80 Stat. 929.)
## Notes
Editorial Notes
Codification Provisions of this section which related to appropriations for the fiscal year ending June 30, 1930, to June 30, 1939, were omitted.
Amendments1966—Pub. L. 89669 substituted “grounds frequented by migratory birds” for “grounds frequented by migratory 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.
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# 16 U.S.C. § 715n - “Take” defined
## Text
For the purposes of this subchapter the word “take” shall be construed to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires.
(Feb. 18, 1929, ch. 257, § 15, 45 Stat. 1225.)
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# 16 U.S.C. § 715o - National forest and power sites; use for migratory bird reservations
## Text
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, withdraw, or determine, except heretofore designated, 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.)
## Notes
Editorial Notes
References in TextHerein 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.
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# 16 U.S.C. § 715p - Cooperation of State in enforcement of provisions
## Text
When any State shall, by suitable legislation, make provision adequately to enforce the provisions of this subchapter and all regulations promulgated thereunder, the Secretary of the Interior 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.)
## Notes
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.
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# 16 U.S.C. § 715q - Expenses of commission; authorization of appropriations
## Text
A sum sufficient to pay the necessary expenses of the commission and its members, not to exceed an annual expenditure of $7,500, is authorized to be appropriated out of any money in the Treasury not otherwise appropriated. Said appropriation shall be paid out on the audit and order of the chairman of said commission, which audit and order shall be conclusive and binding upon the Government Accountability Office as to the correctness of the accounts of said commission.
(Feb. 18, 1929, ch. 257, § 18, 45 Stat. 1225; Pub. L. 87812, Oct. 15, 1962, 76 Stat. 922; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
Amendments2004—Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 1962—Pub. L. 87812 increased annual expenditures from not more than $5,000 to not more than $7,500 and corrected a misspelling of “commission”.
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# 16 U.S.C. § 715r - Partial invalidity; validity of remainder
## Text
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid the validity of the remainder of this subchapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(Feb. 18, 1929, ch. 257, § 19, 45 Stat. 1226.)
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# 16 U.S.C. § 718a - Prohibition on taking
## Text
(a) Prohibition (1) In general Except as provided in paragraph (2), no individual who has attained the age of 16 years shall take any migratory waterfowl unless, at the time of the taking, the individual carries on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp, as an electronic stamp (as defined in section 718o of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the individual of the waterfowl.
(2) Exception No stamp described in paragraph (1) shall be required for the taking of migratory waterfowl—
(A) by Federal or State agencies;
(B) for propagation;
(C) by the resident owner, tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property; or
(D) by a rural Alaska resident for subsistence uses (as that term is defined in section 3113 of this title).
(b) Display of stamp Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to—
(1) any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or
(2) any officer of any State or political subdivision of a State authorized to enforce State game laws.
(c) Other licenses Nothing in this section requires any individual to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to taking 1 or more migratory waterfowl.
(Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109266, § 10(a), Aug. 3, 2006, 120 Stat. 674; Pub. L. 113264, § 4, Dec. 18, 2014, 128 Stat. 2940; Pub. L. 11825, § 2(d), Dec. 19, 2023, 137 Stat. 130.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a)(1). Pub. L. 11825 inserted “as an electronic stamp (as defined in section 718o of this title) or” after “Conservation Stamp,” and substituted “face of the actual stamp (as defined in that section)” for “face of the stamp”. 2014—Subsec. (a)(2)(D). Pub. L. 113264 added subpar. (D). 2006—Pub. L. 109266 amended section generally. Prior to amendment, section related to hunting and conservation stamp for taking migratory waterfowl. 1976—Pub. L. 94215 substituted “hunting and conservation stamp” for “hunting stamp” in first sentence. 1956—Act July 30, 1956, substituted “no person who has attained the age of sixteen years”, for “no person over sixteen years of age”. 1935—Act June 15, 1935, substituted “validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds” for “issued to him in the manner hereinafter provided,” and struck out provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.
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 relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 718b1 - Disposition of unsold stamps
## Text
(a) Disposition of unsold stamps A Migratory Bird Hunting and Conservation Stamp shall be transferred to the Postal Service or the Secretary of the Interior (or a designee) for sale to a collector if the stamp—
(1) has not been sold by the end of the hunting year (as that term is defined in section 718j of this title) during which the stamp is issued; and
(2) as determined by the Postal Service or the Secretary of the Interior—
(A) is appropriate to supply a market for sale to collectors; and
(B) is in suitable condition for sale to a collector.
(b) Surplus stock The Postal Service or the Secretary of the Interior may destroy any surplus stock of Migratory Bird Hunting and Conservation Stamps at such time and in such manner as the Postal Service or the Secretary of the Interior determines to be appropriate.
(July 30, 1956, ch. 782, § 3(a), (b), formerly § 3(a), 70 Stat. 722; Pub. L. 92214, § 3, Dec. 22, 1971, 85 Stat. 777; renumbered § 3(a), (b) and amended Pub. L. 109266, § 10(i)(2), Aug. 3, 2006, 120 Stat. 679.)
## Notes
Editorial Notes
Codification Section was not enacted as part of act Mar. 16, 1934, which comprises this subchapter.
Prior ProvisionsA prior section 3(b) of act July 30, 1956, ch. 782, 70 Stat. 722, amended section 718b of this title prior to being redesignated 3(c) by section 10(i)(1) of Pub. L. 109266.
Amendments2006—Pub. L. 109266 inserted section catchline and substituted subsecs. (a) and (b) for former text which read: “On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postal Service to be (1) required to supply the market for sale to collectors, and (2) in suitable condition for such sale to collectors, shall be turned over to the Philatelic Agency and therein placed on sale. Any surplus stock of such migratory-bird hunting stamps may be destroyed in such manner as the Postal Service shall direct.” 1971—Pub. L. 92214 substituted “Postal Service” for “Postmaster General”.
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# 16 U.S.C. § 718c - Authorization and exemption
## Text
Nothing in this subchapter shall be construed to authorize any person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty or convention heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States.
(Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451; Pub. L. 95616, § 7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 109266, § 10(d), Aug. 3, 2006, 120 Stat. 675.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109266 inserted section catchline. 1978—Pub. L. 95616 inserted “or convention” after “treaty”.
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# 16 U.S.C. § 718e - Loans and transfers, alteration, and reproduction of stamps
## Text
(a) In general No person to whom has been sold a Migratory Bird Hunting and Conservation Stamp, validated as provided in section 718a of this title, shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.
(b) Alteration Except as provided in clauses (i) and (ii) of section 504(l)(D) 11 So in original. Probably should be “504(1)(D)”. of title 18, no person shall alter, mutilate, imitate, or counterfeit any stamp authorized by this subchapter, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving.
(c) Reproduction Notwithstanding the provisions of subsection (b), or the prohibition in section 474 of title 18, or other provisions of law, the Secretary may authorize, with the concurrence of the Secretary of the Treasury,
(1) the color reproduction, or
(2) the black and white reproduction,
of Migratory Bird Hunting and Conservation Stamps authorized by sections 718 to 718b, 718c, 718d, and 718f to 718h of this title, which otherwise satisfies the requirements of clauses (ii) and (iii) of section 504(1) of title 18. Any such reproduction shall be subject to those terms and conditions deemed necessary by the Secretary by regulation or otherwise and any proceeds received by the Federal Government as a result of such reproduction shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund established under section 718d of this title.
(Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380; Pub. L. 98369, div. A, title X, § 1077(a), (b)(3), July 18, 1984, 98 Stat. 1054, 1055; Pub. L. 100653, title III, § 302, Nov. 14, 1988, 102 Stat. 3827; Pub. L. 109266, § 10(f), Aug. 3, 2006, 120 Stat. 677.)
## Notes
Editorial Notes
Amendments2006—Pub. L. 109266, § 10(f)(1), inserted section catchline. Subsec. (a). Pub. L. 109266, § 10(f)(1), inserted heading and substituted “Migratory Bird Hunting and Conservation Stamp” for “migratory-bird hunting stamp” in text. Subsec. (b). Pub. L. 109266, § 10(f)(2), inserted heading and substituted “Except as provided in clauses (i) and (ii) of section 504(l)(D) of title 18, no person shall alter” for “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person shall alter” in text. Subsec. (c). Pub. L. 109266, § 10(f)(3)(C)(ii), which directed substitution of “shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund” for “shall be paid into the migratory bird conservation fund” in concluding provisions, was executed by making the substitution for “shall be paid, after deducting expenses for marketing, into the migratory bird conservation fund” to reflect the probable intent of Congress. Pub. L. 109266, § 10(f)(3)(A), (B), (C)(i), inserted heading, substituted “Secretary may” for “Secretary of the Interior may” in introductory provisions, and substituted “Secretary” for “Secretary of the Interior” and “Migratory Bird Hunting and Conservation Stamps” for “migratory bird hunting stamps” in concluding provisions. 1988—Subsec. (c). Pub. L. 100653 inserted “, after deducting expenses for marketing,” after “paid”. 1984—Subsec. (b). Pub. L. 98369, § 1077(b)(3), substituted “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person” for “No person”. Subsec. (c). Pub. L. 98369, § 1077(a), added subsec. (c). 1935—Act June 15, 1935, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentPub. L. 98369, div. A, title X, § 1077(c), July 18, 1984, 98 Stat. 1055, provided that: “The amendments made by this section [amending this section and section 504 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [July 18, 1984].”
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# 16 U.S.C. § 718f - Enforcement
## Text
For the efficient execution of this subchapter, the judges of the several courts, established under the laws of the United States, United States magistrate judges, and persons appointed by the Secretary to enforce the provisions of this subchapter, shall have, with respect thereto, like powers and duties as are conferred upon said judges, magistrate judges, and employees of the Department of the Interior by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), or any other Act to carry into effect any treaty for the protection of migratory birds with respect to that Act. Any bird or part thereof taken or possessed contrary to this subchapter shall, when seized, be disposed of by the Secretary in accordance with law.
(Mar. 16, 1934, ch. 71, § 6, 48 Stat. 452; Pub. L. 90578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95616, § 3(i), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109266, § 10(g), Aug. 3, 2006, 120 Stat. 677.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Treaty Act, and “that 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 chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
Amendments2006—Pub. L. 109266 inserted section catchline, substituted “Secretary to” for “Secretary of Agriculture to” and “Department of the Interior” for “Department of Agriculture”, and inserted “(16 U.S.C. 703 et seq.)” after “Migratory Bird Treaty Act”. 1978—Pub. L. 95616 substituted in last sentence “contrary to this subchapter shall, when seized, be disposed of by the Secretary in accordance with law” for “contrary to such Acts shall, when seized, be disposed of as provided by the Migratory Bird Treaty Act, or Acts aforesaid”.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judges” and “magistrate judges” substituted for “United States magistrates” and “magistrates”, respectively, in text pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrates” substituted in text for “commissioners” pursuant to Pub. L. 90578. See chapter 43 (§ 631 et seq.) of Title 28.
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# 16 U.S.C. § 718g - Violations
## Text
Any person that violates or fails to comply with any provision of this subchapter (including a regulation promulgated under this subchapter) shall be subject to the penalties described in section 707 of this title.
(Mar. 16, 1934, ch. 71, § 7, as added Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 718g, act Mar. 16, 1934, ch. 71, § 7, 48 Stat. 452, related to penalties prior to repeal by Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
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# 16 U.S.C. § 718h - Cooperation
## Text
The Secretary is authorized to cooperate with the States and the territories and possessions of the United States in the enforcement of this subchapter.
(Mar. 16, 1934, ch. 71, § 8, as added Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 718h, act Mar. 16, 1934, ch. 71, § 8, 48 Stat. 452; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, related to cooperation with States and Territories prior to repeal by Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
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# 16 U.S.C. § 718i - Use of contest fees
## Text
Notwithstanding any other provision of law, funds received by the United States Fish and Wildlife Service in the form of fees for entering any Migratory Bird Hunting and Conservation Stamp contest shall be credited—
(1) first, to the appropriation account from which expenditures for the administration of the contest are made; and
(2) second, to the extent any funds remain, to the Migratory Bird Conservation Fund.
(Mar. 16, 1934, ch. 71, § 9, as added Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 9 of act Mar. 16, 1934, was classified to section 718 of this title prior to repeal by Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 677. A prior section 718i, act June 28, 1941, ch. 259, § 1, 55 Stat. 356, related to disposal of surplus stamps and restricted use of stamps to the fiscal year for which issued prior to repeal by act July 30, 1956, ch. 782, § 3(d), formerly § 3(c), 70 Stat. 722, renumbered Pub. L. 109266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679.
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# 16 U.S.C. § 718j - Definitions
## Text
(a) In general In this subchapter, the terms defined in the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) have the meanings given those terms in those Acts.
(b) Other definitions In this subchapter:
(1) Hunting year The term “hunting year” means the 1-year period beginning on July 1 of each year.
(2) Migratory waterfowl The term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.).
(3) Secretary The term “Secretary” means the Secretary of the Interior.
(4) State The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) Take The term “take” means—
(A) to pursue, hunt, shoot, capture, collect, or kill; or
(B) to attempt to pursue, hunt, shoot, capture, collect, or kill.
(Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Conservation Act, referred to in subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (a), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
Prior ProvisionsA prior section 718j, Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 97307, Oct. 14, 1982, 96 Stat. 1450, related to crediting of funds received as fees for entering migratory-bird hunting and conservation stamp contest prior to repeal by Pub. L. 109266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
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# 16 U.S.C. § 718k - Use of fees collected for Federal migratory bird permits
## Text
On and after October 21, 1998, all fees collected for Federal migratory bird permits shall be available to the Secretary, without further appropriation, to be used for the expenses of the U.S. Fish and Wildlife Service in administering such Federal migratory bird permits, and shall remain available until expended.
(Pub. L. 105277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681231, 2681236.)
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# 16 U.S.C. § 718o - Definitions
## Text
In this subchapter:
(1) Actual stamp The term “actual stamp” means a Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.) that is printed on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014.
(2) Automated licensing system (A) In general The term “automated licensing system” means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.
(B) Inclusion The term “automated licensing system” includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A).
(3) Electronic stamp The term “electronic stamp” means an electronic version of an actual stamp that—
(A) is a unique identifier for the individual to whom it is issued;
(B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;
(C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this subchapter, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp;
(E) is described in the State application approved by the Secretary under section 718q(b) of this title; and
(F) may contain an image of the actual stamp.
(4) Secretary The term “Secretary” means the Secretary of the Interior.
(Pub. L. 113239, § 2, Dec. 18, 2014, 128 Stat. 2847; Pub. L. 11825, § 2(b), Dec. 19, 2023, 137 Stat. 129.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Hunting and Conservation Stamp Act, referred to in par. (1), is act Mar. 16, 1934, ch. 71, 48 Stat. 451, which is classified generally to subchapter IV (§ 718 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 718 of this title and Tables.
Amendments2023—Par. (1). Pub. L. 11825, § 2(b)(1), substituted “Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.) that is printed” for “Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the Duck Stamp Act), that is printed”. Par. (3)(F). Pub. L. 11825, § 2(b)(2), added subpar. (F).
Statutory Notes and Related Subsidiaries
Short Title of 2023 AmendmentPub. L. 11825, § 1, Dec. 19, 2023, 137 Stat. 129, provided that: “This Act [amending this section and sections 718a, 718r, and 718s of this title] may be cited as the Duck Stamp Modernization Act of 2023.”
Short TitlePub. L. 113239, § 1, Dec. 18, 2014, 128 Stat. 2847, provided that: “This Act [enacting this subchapter] may be cited as the Permanent Electronic Duck Stamp Act of 2013.”
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# 16 U.S.C. § 718p - Authority to issue electronic duck stamps
## Text
(a) In general The Secretary may authorize any State to issue electronic stamps in accordance with this subchapter.
(b) Consultation The Secretary shall implement this section in consultation with State management agencies.
(Pub. L. 113239, § 3, Dec. 18, 2014, 128 Stat. 2848.)
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# 16 U.S.C. § 718q - State application
## Text
(a) Approval of application required The Secretary may not authorize a State to issue electronic stamps under this subchapter unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program.
(b) Contents of application The Secretary may not approve a State application unless the application contains—
(1) a description of the format of the electronic stamp that the State will issue under this subchapter, including identifying features of the licensee that will be specified on the stamp;
(2) a description of any fee the State will charge for issuance of an electronic stamp;
(3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program;
(4) the manner by which the State will transmit electronic stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may be reasonably required by the Secretary.
(c) Publication of deadlines, eligibility requirements, and selection criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish—
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications; and
(3) criteria for approving applications.
(Pub. L. 113239, § 4, Dec. 18, 2014, 128 Stat. 2848.)
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# 16 U.S.C. § 718r - State obligations and authorities
## Text
(a) Delivery of electronic stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this subchapter shall receive the electronic stamp—
(1) on the date of purchase of the electronic stamp; and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and transfer of electronic stamp revenue and customer information (1) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section—
(A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;
(B) the face value amount of each electronic stamp sold by the State; and
(C) the amount of the Federal portion of any fee required by the agreement for each stamp sold.
(2) Time of transmittal The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency.
(3) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under subsection (c).
(c) Electronic stamp issuance fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this subchapter, including costs of delivery of actual stamps under subsection (e).
(d) Duplicate electronic stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged.
(e) Delivery of actual stamps The Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season.
(f) Limitation on authority to require purchase of State license A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this subchapter.
(Pub. L. 113239, § 5, Dec. 18, 2014, 128 Stat. 2848; Pub. L. 11825, § 2(a), Dec. 19, 2023, 137 Stat. 129.)
## Notes
Editorial Notes
Amendments2023—Subsec. (a). Pub. L. 11825, § 2(a)(1)(A), (B), substituted “electronic stamp” for “actual stamp” in heading and “the electronic stamp” for “an actual stamp” in introductory provisions. Subsec. (a)(1). Pub. L. 11825, § 2(a)(1)(C), added par. (1) and struck out former par. (1) which read as follows: “by not later than the date on which the electronic stamp expires under section 718s(c) of this title; and”. Subsec. (c). Pub. L. 11825, § 2(a)(2), substituted “actual stamps under subsection (e)” for “actual stamps”. Subsecs. (e), (f). Pub. L. 11825, § 2(a)(3), added subsec. (e) and redesignated former subsec. (e) as (f).
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# 16 U.S.C. § 718s - Electronic stamp requirements; recognition of electronic stamp
## Text
(a) Stamp requirements The Secretary shall require an electronic stamp issued by a State under this subchapter—
(1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and
(2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.
(b) Recognition of electronic stamp Any electronic stamp issued by a State under this subchapter shall—
(1) bestow upon the licensee the same privileges as are bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.
(c) Duration An electronic stamp issued by a State shall be valid through the first June 30 that occurs after the date of issuance of the electronic stamp by the State.
(Pub. L. 113239, § 6, Dec. 18, 2014, 128 Stat. 2849; Pub. L. 11825, § 2(c), Dec. 19, 2023, 137 Stat. 130.)
## Notes
Editorial Notes
Amendments2023—Subsec. (b). Pub. L. 11825, § 2(c)(1), substituted “shall—” for “shall, during the effective period of the electronic stamp—” in introductory provisions. Subsec. (c). Pub. L. 11825, § 2(c)(2), substituted “through the first June 30 that occurs after the date of issuance of the electronic stamp by the State” for “for a period agreed to by the State and the Secretary, which shall not exceed 45 days”.
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# 16 U.S.C. § 718t - Termination of State participation
## Text
The authority of a State to issue electronic stamps under this subchapter may be terminated—
(1) by the Secretary, if the Secretary—
(A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 718q of this title; and
(B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or
(2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.
(Pub. L. 113239, § 7, Dec. 18, 2014, 128 Stat. 2849.)
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# 16 U.S.C. § 719 - Establishment of Program
## Text
(a) In general The Secretary of the Interior (in this subchapter referred to as the “Secretary”) may carry out in accordance with this subchapter a program to be known as the “Junior Duck Stamp Conservation and Design Program” (in this subchapter referred to as the “Program”) to accomplish the goals of—
(1) providing to school children environmental education opportunities relating to the conservation and management of migratory birds; and
(2) increasing the capacity for schools, States, and other educational programs to conduct conservation and education programs.
(b) Program features The Program shall consist of—
(1) conducting in all interested States the activities which on the day before October 6, 1994, are conducted under the program known as the Junior Duck Stamp Conservation and Design Program;
(2) other activities authorized under the Program by this subchapter or any other Act; and
(3) any other activity necessary to carry out the conservation and education goals of the Program.
(c) Effort to conduct Program in all States (1) In general The Secretary shall take appropriate steps to seek to conduct the Program in all of the States.
(2) Annual report The Secretary shall annually submit a report to the Congress on the status of the Program in each of the States.
(Pub. L. 103340, § 2, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 106316, § 2(1), Oct. 19, 2000, 114 Stat. 1276.)
## Notes
Editorial Notes
Amendments2000—Subsec. (c). Pub. L. 106316 struck out “50” before “States” in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Short Title of 2006 AmendmentPub. L. 109166, § 1, Jan. 10, 2006, 119 Stat. 3576, provided that: “This Act [amending sections 719a and 719c of this title and provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title] may be cited as the Junior Duck Stamp Reauthorization Amendments Act of 2005.”
Short TitlePub. L. 103340, § 1, Oct. 6, 1994, 108 Stat. 3119, provided that: “This Act [enacting this subchapter and provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title] may be cited as the Junior Duck Stamp Conservation and Design Program Act of 1994.”
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# 16 U.S.C. § 719a - Junior Duck Stamp
## Text
(a) Competition As part of the Program, the Secretary may annually conduct a competition to—
(1) solicit the submission by students at elementary and secondary schools of designs relating to conservation of migratory birds; and
(2) select winning designs from among those submissions for use for licensing and marketing under subsection (b).
(b) Licensing and marketing of design of Junior Duck Stamps As part of the Program, the Secretary may—
(1) license and market winning designs selected in competitions under subsection (a); and
(2) license and market stamps bearing those designs, which shall be known as Junior Duck Stamps.
(c) Use of proceeds Amounts received under subsection (b)—
(1) 11 So in original. Subsec. (c), as amended by Pub. L. 109166, does not contain a par. (2). shall be available to the Secretary until expended, without further appropriations, solely for—
(A) awards, prizes, and scholarships to individuals who submit designs in competitions under subsection (a), that are—
(i) selected in such a competition as winning designs; or
(ii) otherwise determined in such a competition to be superior;
(B) awards and prizes to schools, students, teachers, and other participants to further education activities related to the conservation education goals of the Program;
(C) award ceremonies for winners of national and State Junior Duck Stamp competitions;
(D) travel expenses for winners of national and State Junior Duck Stamp competitions to award ceremonies, if—
(i) the event is intended to honor students for winning a national competition; or
(ii) the event is intended to honor students for winning a State competition;
(E) expenses for licensing and marketing under subsection (b);
(F) expenses for migratory bird reference materials or supplies awarded to schools that participate in the Program; and
(G) expenses for marketing and educational materials developed to promote the Program; 22 So in original.
(Pub. L. 103340, § 3, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 109166, § 2, Jan. 10, 2006, 119 Stat. 3576.)
## Notes
Editorial Notes
Amendments2006—Subsec. (c). Pub. L. 109166 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts received under subsection (b) of this section— “(1) shall be available to the Secretary until expended, without further appropriations, solely for— “(A) awards and scholarships to individuals who submit designs in competitions under subsection (a) of this section, that are— “(i) selected in such a competition as winning designs; or “(ii) otherwise determined in such a competition to be superior; “(B) awards to schools and other participants to further education activities related to the conservation education goals of the Program; and “(C) expenses for licensing and marketing under subsection (b) of this section; and “(2) may not be used for administrative expenses of the Program.”
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# 16 U.S.C. § 719b1 - Definition of State
## Text
For the purposes of this subchapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.
(Pub. L. 103340, § 5, as added Pub. L. 106316, § 2(3), Oct. 19, 2000, 114 Stat. 1276.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5 of Pub. L. 103340 was renumbered section 6 and is classified to section 719c of this title.
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s719b"
source_file: "data/legal/raw/us/code/title-16/usc16.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 719b - Acceptance of gifts, devises, and bequests
## Text
The Secretary may accept and use any gift, devise, or bequest of personal property, or proceeds thereof, for the purpose of funding the activities described in section 719a(c)(1)(A) and (B) of this title.
(Pub. L. 103340, § 4, Oct. 6, 1994, 108 Stat. 3120.)
@@ -0,0 +1,49 @@
---
type: "LegalText"
title: "16 U.S.C. § 719c"
description: "Authorization of appropriations"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "7"
chapter_name: "PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS"
section: "719c"
citation: "16 U.S.C. § 719c"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s719c"
source_file: "data/legal/raw/us/code/title-16/usc16.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 719c - Authorization of appropriations
## Text
(a) Authorization There are authorized to be appropriated to the Secretary for administrative expenses of the Program $350,000 for each of the fiscal years 2006 through 2010.
(b) Limitations on use for distribution to State and regional coordinators to implement competitions Of the amount appropriated under this section for a fiscal year—
(1) not more than $100,000 may be used by the Secretary to administer the Program; and
(2) not more than $250,000 may be distributed to State and regional coordinators to implement competitions under the Program.
(Pub. L. 103340, § 6, formerly § 5, Oct. 6, 1994, 108 Stat. 3120; renumbered § 6 and amended Pub. L. 106316, §§ 1, 2(2), Oct. 19, 2000, 114 Stat. 1276; Pub. L. 109166, § 3, Jan. 10, 2006, 119 Stat. 3577.)
## Notes
Editorial Notes
Codification Another section 6 of Pub. L. 103340 was renumbered section 7 and enacted provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title.
Amendments2006—Pub. L. 109166 designated existing provisions as subsec. (a), inserted subsec. (a) heading, substituted “$350,000” for “$250,000” and “fiscal years 2006 through 2010” for “fiscal years 2001 through 2005”, and added subsec. (b). 2000—Pub. L. 106316, § 1, substituted “for each of the fiscal years 2001 through 2005” for “for each of the fiscal years 1995 through 2000”.