* Act of February 18, 1929 (P.L. 70-770, Ch. 257, 45 Stat. 1222, 16 U.S.C. 715(note), 715a-k, 715-K1, 715-K3-K5, 715n-p, 715r-s)

Short Title

Sec. 1. That this Act shall be known by the short title of "Migra-tory Bird Con-serva-tion Act." (16 U.S.C. 715(note))

Migratory Bird Conservation Commission

Sec. 2. That a commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of Interior, as chair-man, the Administrator of the Envi-ronmental Protection Agency, the Secretary of Agriculture and two Members of the Senate, to be select-ed by the Presi-dent of the Senate, and two Mem-bers of the House of Representatives to be selected by the Speaker, is hereby created and authorized to consider and pass upon any area of land, water, or land and water that may be recom-mended by the Secre-tary of Interior for purchase or rental under this Act, and to fix the price or prices at which such area may be purchased or rented; and no pur-chase or rental shall be made of any such area until it has been duly approved for pur-chase or rental by said commission. Any Member of the House of Rep-resentatives who is a member of the commission, if reelected to the succeeding Con-gress, may serve on the commission notwithstanding the expiration of a Congress. Any vacancy on the com-mission 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 Act, of areas in his State. For pur-poses of this Act, the purchase or rental of any area of land, water, or land and water in-cludes the pur-chase or rental of any interest in any such area of land, water, or land and water. (16 U.S.C. 715a)

Annual Report

Sec. 3. That the commission here-by created shall, through its chairman, annually report in detail to Congress, not later than the first Monday in December, the opera-tions of the commission during the preceding fiscal year. (16 U.S.C. 715b)

Areas Recommended for Approv-al; Character

Sec. 4. 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 conserva-tion of migratory birds; and

(2) has consulted with the county or other unit of local govern-ment in which such area is located and with the Governor of the State concerned or the appropriate State agency. (16 U.S.C. 715c)

Purchase or Rental of Approved Areas of Interests Therein; Gifts and Devises; United States Lands

Sec. 5. The Secretary of the Interior may-

(1) purchase or rent such areas or interests therein as have beenapproved 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 expens-es incident to the location, examina-tion, 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. (16 U.S.C. 715d)

Examination of Title

Sec. 6. That the Secretary of 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 Act, 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 Interior in no manner interfere with the use of the areas so encumbered for the purposes of this Act; but such rights-of-way, easements, and reserva-tions retained by the grantor or lessor, from whom the United States receives title under this Act 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 from time to time by the Secretary of Interior for the occupa-tion, use, operation, pro-tec-tion, and adminis-tration 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, occu-pation, 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. (16 U.S.C. 715e)

Consent of State to Conveyance

Sec. 7. That no deed or instru-ment of conveyance shall be accept-ed by the Secretary of Interior under this Act 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. (16 U.S.C. 715f)

Jurisdiction of State Over Areas Acquired

Sec. 8. That the jurisdiction of the State, both civil and criminal, over persons upon areas acquired under this Act shall not be affected or changed by reason of their acqui-sition and administration by the United States as migratory bird reservations, except so far as the punishment of offenses against the United States is concerned. (16 U.S.C. 715g)

Operation of State Game Laws

Sec. 9. That nothing in this Act is intended to interfere with the operation of the game laws of the several States applying to migra-tory game birds in so far as they do not permit what is forbidden by Federal law. (16 U.S.C. 715h)

Administration

Sec. 10. (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 migra-tory birds in accordance with treaty obligations with Mexico, Canada, Japan, and the Union of Soviet Socialist Republics, and other spe-cies of wildlife found thereon, in-cluding species that are listed pursu-ant to section 1533 of this title as endangered species or threatened species, and to restore or develop adequate wildlife habitat.

(b) Management and public and private agency agreements authori-za-tion.-In administering such areas, the Secretary is autho-rized to manage timber, range, and agri-cul-tural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distribut-ing, and utilizing the re-sources; and to enter into agree-ments with public and private agencies. (16 U.S.C. 715i)

"Migratory Birds" Defined

Sec. 11. 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 Unit-ed States and Great Britain for the protection of migratory birds con-cluded August 16, 1916 (39 Stat. 1702), the treaty between the United States and the United Mexican States for the protection of migrato-ry birds and game mammals con-cluded 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 Migrato-ry Birds and Birds in Danger of Extinction, and their Environment concluded March 4, 1972, and the Convention between the United States ad the Union of Soviet So-cialist Republics for the Conserva-tion of Migratory Birds and their Environment concluded November 19, 1976. (16 U.S.C. 715j)

Authorization of Appropriations

Sec. 12. (a) 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 game birds and under the administration of the Secretary of 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 poison-ing, 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, en-graving, and issuance of circulars, posters, and other necessary matter and for the enforcement of provi-sions of this Act, there are autho-rized 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 there-after. No part of any appropria-tion autho-rized by this section shall be used for payment of the salary, compen-sation, or expens-es of any United States game protector, except reservation protectors for the administration, maintenance, and protection of such reservations and the birds thereon: Provided, That reser-va-tion protectors appointed under the pro-visions of this Act shall be se-lected, when practicable, from quali-fied citizens of the State in which they are employed. The Secretary of Interior is authorized and directed to make such expendi-tures 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. (16 U.S.C. 716k)

(b) Expenditures for personal services.-In the execution of this Act, the Secretary of the Interior is authorized to make such expendi-tures for personal services in the District of Columbia and elsewhere as he shall deem necessary. (16 U.S.C. 715k-1)

(c) Authorization of appropria-tions for 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 habi-tant 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 ex-pended not to exceed $200,000,000. (16 U.S.C. 715k-3)

(d) Accounting and use of appro-priations.-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 established pursu-ant to section 718d of this title. (16 U.S.C. 715k-4)

Sec. 13. No land shall be ac-quired with moneys from the mi-gratory bird conserva-tion fund un-less the acqui-sition thereof has been approved by the Governor to the State or appropriate State agen-cy. (16 U.S.C. 715k-5)

Sec. 14. Repealed

"Take" Defined

Sec. 15. That for the purposes of this Act the word "take" shall be construed to mean pursue, hunt, shoot, capture, collect, kill, or at-tempt to pursue, hunt, shoot, cap-ture, collect, or kill, unless the con-text otherwise requires. (16 U.S.C. 715n)

National Forests and Power Sites

Sec. 16. Nothing in this Act shall be construed as authorizing or empowering the Migratory Bird Conservation Commission herein created, the Secretary of Interior, or any other board, commission, or officer, to declare, withdraw, or determine, except heretofore desig-nated, any part of any national for-est or power site, a migratory bird reservation under any of the provi-sions of this Act, except by and with consent of the legislature of the State wherein such forest or power site is located. (16 U.S.C. 715o)

Co-operation of State in Enforce-ment of Provisions

Sec. 17. That when any State shall, by suitable legislation, make provision adequately to enforce the provisions of this Act and all regu-lations promulgated thereunder, the Secretary of Interior may so certify, and then and thereafter said State may cooperate with the Secretary of Interior in the enforcement of this Act and the regulations thereunder. (16 U.S.C. 715p)

* * * *

Participation of Local Gov-ern-ment in Revenue

Sec. 21. (a) Separate fund in United States Treasury; availability of funds until expended; definition of "Na-tional Wildlife Refuge System."-Begin-ning 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 ani-mals, sal-monoid carcasses, timber, hay, grass, or other products of the soils, minerals, shells, sand, or grav-el, from other privileges, or from leases for public accommodations or facili-ties incidental to but not in conflict with the basic purposes for which those areas of the National Wildlife Refuge System were estab-lished, during each fiscal year in connec-tion with the operation and manage-ment 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 Trea-sury and be re-served in a separate fund for dispo-sition 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 "Sys-tem") includes those lands and wa-ters administered by the Secretary as wildlife refuges, lands acquired or reserved for the protection and conserva-tion 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 estab-lished under any law, proclamation, Executive, or public land order.

(b) Deduction of expenses.-The Secretary may pay from the fund any necessary expenses incurred by him in connection with the reve-nue-producing and revenue-sharing measures.

(c) Payments to counties.-

(1) The Secretary shall pay out the fund, for each fiscal year begin-ning 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 the 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 improve-ments 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 connec-tion with the operation and manage-ment of such fee area during such fiscal year; but if a fee area is locat-ed 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 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.

After initial appraisal under clause (i) or (ii), each fee area shall thereafter be reappraised by the Secretary at least once during each five-year period occurring after the date of the initial appraisal. Until any fee area referred to in clause (ii) is initially appraised under this subparagraph, the fair market value of such area shall be deemed to be that adjusted cost of the area which was used to determine payments under this subsection for fiscal year 1977; and in no case may the amount of nay payment to any local government under paragraph (1)(B) with respect to any fee area be less than the amount paid under para-graph (2)(A) of this subsection (as in effect of September 30, 1977) with respect to such area.

(B) The Secretary shall make the determinations required under this subsection in such man-ner as the Secretary considers to be equitable and in the public interest. All such determinations shall be final and conclusive.

(5)(A) Each country which receives payments under paragraphs (1) and (2) with respect to any fee area or reserve area shall distri-bute, under guidelines established by the Secretary, such payments on a pro-portional basis to those units of local government (including, but not limited to, school district and the county itself in appropriate cases) which have incurred the loss or reduction of real property tax reve-nues 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 taxed, the payment 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 pre-scribe regulations under which pay-ments 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) Authorization of appropria-tions equal to difference between amount of net receipts and aggre-gate amount of required pay-ment.- If the net receipts in the fund which are attributable to reve-nue collec-tions for any fiscal year do not equal the aggregate amount of payments required to be made for such fiscal year under subsection (c) of this section to counties, there are authorized to be appropriated to the fund an amount equal to the differ-ence between the total amount of net receipts and such aggregate amount of payments.

(e) Transfer and use of excess of net receipts over aggregate amount of required payments.-If the net receipts in the fund which are attrib-utable to revenue collections for any fiscal year exceed the aggregate amount of payments required to be made for such fiscal year under subsection (c) of this section 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. 715r)

(f) Terms, conditions, and regula-tions for execution of revenue pro-ducing activities; disposal of ani-mals.-The Secretary shall carry out any revenue producing activity referred to in subsection (a)(1), (2), and (3) of this section within any fee area or reserve area subject to such terms, conditions, or regula-tions, 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 sur-plus to any such area by exchange of the same or other kinds, gift or loan to public institutions for exhibi-tion or propagation purposes, and for the advancement of knowledge and the dissemination of information relating to the conservation of wildlife.

(g) Definitions.-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 adminis-tered, either solely or pri-marily, by the Secretary through the Service.

(3) The term "reserve area" means any area of land withdrawn from the public domain and admin-istered, 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 u