§ 719b–1. Definition of State

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.

§ 715k–3. Authorization of appropriations for the preservation of wetlands and other waterfowl habitat

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.

§ 715k–4. Accounting and use of appropriations

Funds appropriated each fiscal year pursuant to sections 715k–3 to 715k–5 of this title shall be accounted for, added to, and used for purposes of the migratory bird conservation fund 1 1 So in original. Probably should be capitalized. established pursuant to section 718d of this title .

§ 715k–5. Acquisition of lands

No land shall be acquired with moneys from the migratory bird conservation fund 1 1 So in original. Probably should be capitalized. unless the acquisition thereof has been approved by the Governor of the State or appropriate State agency.

§ 701. Game and wild birds; preservation

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of the Interior shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the Secretary of the Interior shall make and publish all needful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may appropriate therefor.

§ 702. Importation of eggs of game birds for propagation

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.

§ 703. Taking, killing, or possessing migratory birds unlawful

• (a) Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 ( 39 Stat. 1702 ), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936 , the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972 , and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976 .
• (b)
  • (1) This subchapter applies only to migratory bird species that are native to the United States or its territories.
  • (2)
    • (A) Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes.
    • (B) For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—
      • (i) it was native to the United States or its territories and extant in 1918;
      • (ii) it was extirpated after 1918 throughout its range in the United States and its territories; and
      • (iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.

§ 704. Determination as to when and how migratory birds may be taken, killed, or possessed

• (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)
  • (1)
    • (A) 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) The framework closing date promulgated by the Secretary under subparagraph (A) shall not be later than January 31 of each year.
  • (2)
    • (A) 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) 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) 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) The Secretary shall promulgate regulations in accordance with this subsection for the Federal framework for migratory bird hunting for the 2019–2020 hunting season and each hunting season thereafter.

§ 705. Transportation or importation of migratory birds; when unlawful

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.

§ 706. Arrests; search warrants

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.

§ 707. Violations and penalties; forfeitures

• (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.

§ 708. State or Territorial laws or regulations

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 .

§ 709a. Authorization of appropriations

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.

§ 710. Partial invalidity; short title

If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 711. Breeding and sale for food supply

Nothing in this subchapter shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply.

§ 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

• (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 .

§ 715. Short title

This subchapter shall be known by the short title of “Migratory Bird Conservation Act.”

§ 715a. Migratory Bird Conservation Commission; creation; composition; duties; approval of areas of land and water recommended for purchase or rental

A commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of the Interior, as chairman, the 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.

§ 715b. Annual report

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.

§ 715c. Areas recommended for approval; character

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.

§ 715d. Purchase or rental of approved areas or interests therein; gifts and devises; United States lands

The Secretary of the Interior may—

• (1) purchase or rent such areas or interests therein as have been approved for purchase or 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;

§ 715e. Examination of title; easements and reservations

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.

§ 715f. Consent of State to conveyance in fee

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.

§ 715g. Jurisdiction of State over areas acquired

The jurisdiction of the State, both civil and criminal, over persons upon areas acquired under this subchapter shall not be affected or changed by reason of their acquisition and administration by the United States as migratory-bird reservations, except so far as the punishment of offenses against the United States is concerned.

§ 715h. Operation of State game laws

Nothing in this subchapter is intended to interfere with the operation of the game laws of the several States applying to migratory game birds insofar as they do not permit what is forbidden by Federal law.

§ 715i. Administration

• (a) 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) 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.

§ 715j. “Migratory birds” defined

For the purposes of this subchapter and the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.), migratory birds are those defined as such by the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 ( 39 Stat. 1702 ), the treaty between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936 ( 50 Stat. 1311 ), the Convention between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of 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 .

§ 715k. Authorization of appropriations for purposes of subchapter; disposal; reservation protectors

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.

§ 715n. “Take” defined

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.

§ 715o. National forest and power sites; use for migratory bird reservations

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.

§ 715p. Cooperation of State in enforcement of provisions

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.

§ 715q. Expenses of commission; authorization of appropriations

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.

§ 715r. Partial invalidity; validity of remainder

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.

§ 715s. Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service

• (a) Beginning with the next full fiscal year and for each fiscal year thereafter, all revenues received by the Secretary of the Interior from the sale or other disposition of animals, salmonoid carcassas, 1 1 So in original. Probably should be “carcasses,”. timber, hay, grass, or other products of the soil, minerals, shells, sand, or gravel, from other privileges, or from leases for public accommodations or facilities incidental to but not in conflict with the basic purposes for which those areas of the National Wildlife Refuge System were established, during each fiscal year in connection with the operation and management of those areas of the National Wildlife Refuge System, National Fish Hatcheries, or other areas, that are solely or primarily administered by him, through the United States Fish and Wildlife Service, shall be covered into the United States Treasury and be reserved in a separate fund for disposition as hereafter prescribed. Amounts in the fund shall remain available until expended, and may be expended by the Secretary without further appropriation in the manner hereafter prescribed. The National Wildlife Refuge System (hereafter referred to as the “System”) includes those lands and waters administered by the Secretary as wildlife refuges, lands acquired or reserved for the protection and conservation of fish and wildlife that are listed pursuant to section 1533 of this title as endangered species or threatened species, wildlife ranges, game ranges, wildlife management areas, and waterfowl production areas established under any law, proclamation, Executive, or public land order.
• (b) The Secretary may pay from the fund any necessary expenses incurred by him in connection with the revenue-producing and revenue-sharing measures.
• (c)
  • (1) The Secretary shall pay out the fund, for each fiscal year beginning with the fiscal year ending September 30, 1979 , to each county in which is situated any fee area whichever of the following amounts is greater:
    • (A) An amount equal to the product of 75 cents multiplied by the total acreage of that portion of the fee area which is located within such county.
    • (B) An amount equal to three-fourths of 1 per centum of the fair market value, as determined by the Secretary, of that portion of the fee area (excluding any improvements thereto made after the date of Federal acquisition) which is located within such county.
    • (C) An amount equal to 25 per centum of the net receipts collected by the Secretary in connection with the operation and management of such fee area during such fiscal year; but if a fee area is located in two or more counties, the amount each such county is entitled to shall be the amount which bears to such 25 per centum the same ratio as that portion of the fee area acreage which is within such county bears to the total acreage of such fee area.
  • (2) At the end of each fiscal year the Secretary shall pay out of the fund for such fiscal year to each county in which any reserve area is situated, an amount equal to 25 per centum of the net receipts collected by the Secretary in connection with the operation and management of such area during such fiscal year: Provided , That when any such area is situated in more than one county the distributive share to each county from the aforesaid receipts shall be proportional to its acreage of such reserve area.
  • (3) For purposes of this section, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands shall each be treated as a county.
  • (4)
    • (A) For purposes of determining the fair market value of fee areas under paragraph (1)(B), the Secretary shall—
      • (i) appraise before September 30, 1979 , all fee areas for which payments under this section were not authorized for fiscal years occurring before October 1, 1977 ; and
      • (ii) appraise all other fee areas, within five years after October 17, 1978 , in the order in which such areas were first established by the Service.
    • (B) The Secretary shall make the determinations required under this subsection in such manner as the Secretary considers to be equitable and in the public interest. All such determinations shall be final and conclusive.
  • (5)
    • (A) Each county which receives payments under paragraphs (1) and (2) with respect to any fee area or reserve area shall distribute, under guidelines established by the Secretary, such payments on a proportional basis to those units of local government (including, but not limited to, school districts and the county itself in appropriate cases) which have incurred the loss or reduction of real property tax revenues by reason of the existence of such area. In any case in which a unit of local government other than the county acts as the collecting and distributing agency for real property taxes, the payments under paragraphs (1) and (2) shall be made to such other unit which shall distribute the payments in accordance with the guidelines.
    • (B) The Secretary may prescribe regulations under which payments under this paragraph may be made to units of local government in cases in which subparagraph (A) will not effect the purposes of this paragraph.
    • (C) Payments received by units of local government under this subsection may be used by such units for any governmental purpose.
• (d) If the net receipts in the fund which are attributable to revenue collections for any fiscal year do not equal the aggregate amount of payments required to be made for such fiscal year under subsection (c) to counties, there are authorized to be appropriated to the fund an amount equal to the difference between the total amount of net receipts and such aggregate amount of payments.
• (e) If the net receipts in the fund which are attributable to revenue collections for any fiscal year exceed the aggregate amount of payments required to be made for such fiscal year under subsection (c) to counties, the amount of such excess shall be transferred to the Migratory Bird Conservation Fund for use in the acquisition of suitable areas for migratory bird refuges under the provisions of the Migratory Bird Conservation Act ( 16 U.S.C. 715–715r ).
• (f) The Secretary shall carry out any revenue producing activity referred to in subsection (a)(1), (2), and (3) within any fee area or reserve area subject to such terms, conditions, or regulations, including sales in the open markets, as the Secretary determines to be in the best interest of the United States. The Secretary may, in accordance with such regulations as the Secretary may prescribe, dispose of animals which are surplus to any such area by exchange of the same or other kinds, gift or loan to public institutions for exhibition or propagation purposes, and for the advancement of knowledge and the dissemination of information relating to the conservation of wildlife.
• (g) As used in this section—
  • (1) The term “Secretary” means the Secretary of the Interior.
  • (2) The term “fee area” means any area which was acquired in fee by the United States and is administered, either solely or primarily, by the Secretary through the Service.
  • (3) The term “reserve area” means any area of land withdrawn from the public domain and administered, either solely or primarily, by the Secretary through the Service.
  • (4) The term “Service” means the United States Fish and Wildlife Service.
  • (5) The term “county” means any county, parish, or organized or unorganized borough.

§ 718a. Prohibition on taking

• (a)
  • (1) 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, validated by the signature of the individual written in ink across the face of the stamp prior to the time of the taking by the individual of the waterfowl.
  • (2) 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) 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) 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.

§ 718b. Sales; fund disposition; unsold stamps

• (a)
  • (1) The stamps required under section 718a of this title shall be sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations promulgated jointly by the Postal Service and the Secretary, at—
    • (A) any post office; and
    • (B) such other establishments, facilities, or locations as the Postal Service or the Secretary (or a designee) may direct or authorize.
  • (2) The funds received from the sale of stamps under this subchapter by the Department of the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance with section 718d of this title .
  • (3) Except as provided in subsection (b), the Postal Service shall collect the full face value of each stamp sold under this section for the applicable hunting year.
  • (4) No stamp sold under this subchapter shall be valid under any circumstances to authorize the taking of migratory waterfowl except—
    • (A) in compliance with Federal and State laws (including regulations);
    • (B) on the condition that the individual so taking the waterfowl wrote the signature of the individual in ink across the face of the stamp prior to the taking; and
    • (C) during the hunting year for which the stamp was issued.
  • (5)
    • (A) In this paragraph, the term “retail dealer” means—
      • (i) any individual or entity that is regularly engaged in the business of retailing hunting or fishing equipment; and
      • (ii) any individual or entity duly authorized to act as an agent of a State or political subdivision of a State for the sale of State or county hunting or fishing licenses.
    • (B) The Department of the Interior, pursuant to regulations promulgated by the Secretary, shall provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter that—
      • (i) were sold on consignment to any person authorized by the Secretary to sell stamps on consignment (including retail dealers for resale to customers); and
      • (ii) have not been resold by any such person.
  • (6) The Postal Service shall not—
    • (A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or
    • (B) redeem stamps issued under this subchapter that are sold on consignment by the Secretary (or any agent of the Secretary).
• (b) The Postal Service shall collect $10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter, if the Secretary determines, at any time before February 1 of the calendar year in which such hunting year begins, that all sums in the Migratory Bird Conservation Fund available for obligation and attributable to—
  • (1) amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and
  • (2) the sale of stamps under this section during such fiscal year
• (c) The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund.

§ 718c. Authorization and exemption

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.

§ 718d. Expenditure of funds

• (a) All funds received for stamps sold under this subchapter shall be—
  • (1) accounted for by the Postal Service or the Secretary, as appropriate;
  • (2) paid into the Treasury of the United States; and
  • (3) reserved and set aside as a special fund, to be known as the “Migratory Bird Conservation Fund” (referred to in this section as the “fund”), to be administered by the Secretary, in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013.
• (b) All funds received into the fund are appropriated for the following purposes, to remain available until expended:
  • (1) Except as provided in paragraph (4), so much as may be necessary shall be used by the Secretary for engraving, printing, issuing, selling, and accounting for Migratory Bird Hunting and Conservation Stamps and moneys received from the sale thereof, in addition to expenses for personnel services in the District of Columbia and elsewhere, and such other expenses as may be necessary in executing the duties and functions required of the Postal Service.
  • (2) Except as provided in paragraphs (3) and (4) and subsection (c), the remainder shall be available for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under the provisions of the Migratory Bird Conservation Act ( 16 U.S.C. 715 et seq.) and for the administrative costs incurred in the acquisition of such areas.
  • (3) The Secretary may use funds made available under paragraph (2) for the purposes of that paragraph, and such other funds as may be appropriated for the purposes of that paragraph or this paragraph, to acquire, or defray the expense incident to the acquisition by gift, devise, lease, purchase, or exchange of, small wetland and pothole areas, interests therein, and rights-of-way to provide access thereto. Such small areas, to be designated as “Waterfowl Production Areas”, may be acquired without regard to the limitations and requirements of the Migratory Bird Conservation Act ( 16 U.S.C. 715 et seq.), but all of the provisions of such Act which govern the administration and protection of lands acquired thereunder, except the inviolate sanctuary provisions of such Act, shall be applicable to areas acquired pursuant to this paragraph.
  • (4) Amounts in the subaccount referred to in subsection (a)(3) shall be used by the Secretary solely to acquire easements in real property in the United States for conservation of migratory birds.
• (c) The Secretary may use funds from the sale of Migratory Bird Hunting and Conservation Stamps, not to exceed $1,000,000 in each of fiscal years 1999, 2000, 2001, 2002, and 2003, for the promotion of additional sales of those stamps, in accordance with a Migratory Bird Conservation Commission approved annual marketing plan. Such promotion shall include the preparation of reports, brochures, or other appropriate materials to be made available to the public that describe the benefits to wildlife derived from stamp sales.
• (d) The Secretary shall include in each annual report of the Commission under section 3 of the Migratory Bird Conservation Act ( 16 U.S.C. 715b )—
  • (1) a description of activities conducted under subsection (c) in the year covered by the report;
  • (2) an annual assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including a clear and accurate accounting of—
    • (A) all expenditures by Federal and State agencies under this section; and
    • (B) all expenditures made for fee-simple acquisition of Federal lands in the United States, including the amount paid and acreage of each parcel acquired in each acquisition;
  • (3) an analysis of the refuge lands opened, and refuge lands closed, for hunting and fishing in the year covered by the report, including—
    • (A) identification of the specific areas in each refuge and the reasons for the closure or opening; and
    • (B) a detailed description of each closure including detailed justification for such closure;
  • (4) the total number of acres of refuge land open for hunting and fishing, and the total number of acres of refuge land closed for hunting and fishing, in the year covered by the report; and
  • (5) a separate report on the hunting and fishing status of those lands added to the system in the year covered by the report.

§ 718e. Loans and transfers, alteration, and reproduction of stamps

• (a) 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) Except as provided in clauses (i) and (ii) of section 504( l )(D) 1 1 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) 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,

§ 718f. Enforcement

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.

§ 718g. Violations

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 .

§ 718h. Cooperation

The Secretary is authorized to cooperate with the States and the territories and possessions of the United States in the enforcement of this subchapter.

§ 718i. Use of contest fees

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.

§ 718j. Definitions

• (a) 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) In this subchapter:
  • (1) The term “hunting year” means the 1-year period beginning on July 1 of each year.
  • (2) 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) The term “Secretary” means the Secretary of the Interior.
  • (4) 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) 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.

§ 718k. Use of fees collected for Federal migratory bird permits

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.

§ 718o. Definitions

In this subchapter:

• (1) The term “actual stamp” means a 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 on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014 .
• (2)
  • (A) 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) 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) 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; and
  • (E) is described in the State application approved by the Secretary under section 718q(b) of this title .
• (4) The term “Secretary” means the Secretary of the Interior.

§ 718p. Authority to issue electronic duck stamps

• (a) The Secretary may authorize any State to issue electronic stamps in accordance with this subchapter.
• (b) The Secretary shall implement this section in consultation with State management agencies.

§ 718q. State application

• (a) 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) 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) 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.

§ 718r. State obligations and authorities

• (a) The Secretary shall require that each individual to whom a State sells an electronic stamp under this subchapter shall receive an actual stamp—
  • (1) by not later than the date on which the electronic stamp expires under section 718s(c) of this title ; and
  • (2) in a manner agreed upon by the State and Secretary.
• (b)
  • (1) 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) 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) This section shall not apply to the State portion of any fee collected by a State under subsection (c).
• (c) 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.
• (d) 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) A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this subchapter.

§ 718s. Electronic stamp requirements; recognition of electronic stamp

• (a) 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) Any electronic stamp issued by a State under this subchapter shall, during the effective period of the electronic stamp—
  • (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) An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days.

§ 718t. Termination of State participation

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.

§ 719. Establishment of Program

• (a) 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) 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)
  • (1) The Secretary shall take appropriate steps to seek to conduct the Program in all of the States.
  • (2) The Secretary shall annually submit a report to the Congress on the status of the Program in each of the States.

§ 719a. Junior Duck Stamp

• (a) 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) 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) Amounts received under subsection (b)—
  • (1) 1 1 So in original. Subsec. (c), as amended by Pub. L. 109–166 , 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; 2 2 So in original.

§ 719b. Acceptance of gifts, devises, and bequests

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.

§ 719c. Authorization of appropriations

• (a) 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) 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.