Refuge Revenue Sharing Act

Page 1165

TITLE 16—CONSERVATION

(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.)
REFERENCES IN TEXT
Herein created, referred to in text, means created by
section 715a of this title.
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.

§ 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.
(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.)
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.

§ 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.
(Feb. 18, 1929, ch. 257, § 18, 45 Stat. 1225; Pub. L.
87–812, Oct. 15, 1962, 76 Stat. 922; Pub. L. 108–271,
§ 8(b), July 7, 2004, 118 Stat. 814.)
AMENDMENTS
2004—Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’.
1962—Pub. L. 87–812 increased annual expenditures
from not more than $5,000 to not more than $7,500 and
corrected a misspelling of ‘‘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.
(Feb. 18, 1929, ch. 257, § 19, 45 Stat. 1226.)

§ 715s

§ 715s. Participation of local governments in revenue from areas administered by the United
States Fish and Wildlife Service
(a) Separate fund in the United States Treasury;
availability of funds until expended; ‘‘National Wildlife Refuge System’’ defined
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 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) Deduction of expenses
The Secretary may pay from the fund any necessary expenses incurred by him in connection
with the revenue-producing and revenue-sharing
measures.
(c) Payment to counties
(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
1 So

in original. Probably should be ‘‘carcasses,’’.

§ 715s

TITLE 16—CONSERVATION

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.
After initial appraisal under clause (i) or (ii),
each fee area shall thereafter be reappraised by
the Secretary at least once during each fiveyear 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 any payment to any
local government under paragraph (1)(B) with
respect to any fee area be less than the amount
paid under paragraph (2)(A) of this subsection
(as in effect on September 30, 1977) with respect
to such area.
(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.

Page 1166

(C) Payments received by units of local government under this subsection may be used by
such units for any governmental purpose.
(d) Authorization of appropriations equal to difference between amount of net receipts and
aggregate amount of required payments
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) Transfer and use of excess of net receipts
over aggregate amount of required payments
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) Terms, conditions, and regulations for execution of revenue producing activities; disposal
of animals
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) 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 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.
(June 15, 1935, ch. 261, title IV, § 401, 49 Stat. 383;
1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4
F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III,
§ 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232;
Oct. 31, 1951, ch. 654, § 2(13), 65 Stat. 707; Pub. L.
88–523, Aug. 30, 1964, 78 Stat. 701; Pub. L. 89–669,
§ 8(b), Oct. 15, 1966, 80 Stat. 930; Pub. L. 93–205,

Page 1167

TITLE 16—CONSERVATION

§ 13(b), Dec. 28, 1973, 87 Stat. 902; Pub. L. 93–509,
§ 4, Dec. 3, 1974, 88 Stat. 1603; Pub. L. 95–469,
§ 1(a), Oct. 17, 1978, 92 Stat. 1319; Pub. L. 97–258,
§ 5(b), Sept. 13, 1982, 96 Stat. 1068.)
REFERENCES IN TEXT
Beginning with the next full fiscal year and for each
fiscal year thereafter, referred to in subsec. (a), probably means the next full fiscal year following Aug. 30,
1964, the date of enactment of Pub. L. 88–523, which
amended this section.
The Migratory Bird Conservation Act, referred to in
subsec. (e), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222,
which is classified generally to this subchapter. For
complete classification of this Act to the Code, see section 715 of this title and Tables.
CODIFICATION
The reference in subsec. (f) to ‘‘revenue producing activity referred to in subsection (a)(1), (2), and (3) of this
section’’, enacted as an amendment to subsec. (f) by
section 1(a)(3) of Pub. L. 95–469, is a reference to the
proposed amendment as set out on pg. 1 of House Report No. 95–1197 of the 95th Congress, 2d Session, May
15, 1978, and reading in part:
‘‘(a) All revenues received during each fiscal year by
the Secretary in connection with the operation and
management of fee areas and reserve areas from—
‘‘(1) the sale or disposition of animals, salmonoid
carcasses, products of the soil (including, but not limited to, timber, hay, and grass), minerals (including,
but not limited to, crude petroleum and natural gas),
shells, sand, and gravel;
‘‘(2) leases for public accommodations or facilities
incidental to, but not in conflict with, the major purposes of such areas; and
‘‘(3) other privileges;
shall be covered’’ which was not enacted by the Congress but subsec. (a) was amended as provided in the
1978 Amendment note below.
Section was not enacted as part of the ‘‘Migratory
Bird Conservation Act’’ which comprises this subchapter.
AMENDMENTS
1982—Subsec. (h). Pub. L. 97–258 struck out subsec. (h)
which had provided for administration of payments to
local governments for entitlement lands, reserve areas
as entitlement lands, and payments received by any
unit of local government to be deemed payments under
specified provisions. See sections 6901 and 6903 of Title
31, Money and Finance.
1978—Subsec. (a). Pub. L. 95–469, § 1(a)(1), authorized
the separate fund in the United States Treasury to include revenues from sale or other disposition of salmonoid carcasses and extended the operation and management provision to areas of National Fish Hatcheries
and other areas administered by the Secretary.
Subsec. (b). Pub. L. 95–469, § 1(a)(2), substituted ‘‘revenue-producing and revenue-sharing measures’’ for ‘‘revenue-producing measures set forth in subsection (a) of
this section’’.
Subsec. (c). Pub. L. 95–469, § 1(a)(3), in revising subsec.
(c), substituted pars. (1) to (5) for prior text consisting
of: introductory text authorizing expenditures solely
for benefit of public schools and roads, now covered in
par. (5)(C); par. (1) of first sentence, now included in
par. (2); par. (2) of first sentence, now covered in pars.
(1)(B), (C) and (4) in part; and second sentence now incorporated in par. (4)(B).
Subsec. (d). Pub. L. 95–469, § 1(a)(3), substituted provision for authorization of appropriations equal to difference between amount of net receipts and aggregate
amount of required payments for prior provision limiting amount payable to the counties to amount of net
receipts in the fund for any fiscal year and a proportionate reduction of payments when net receipts are insufficient for aggregate amount of payments for any
fiscal year.

§ 715s

Subsec. (e). Pub. L. 95–469, § 1(a)(3), in revising subsec.
(e), substituted provision authorizing use of surplus
funds for acquisition of suitable areas for migratory
bird refuges for prior provision making remaining
funds available for such land acquisition and eliminated provision prohibiting funds available for the
Management of the National Wildlife Refuge System or
for enforcement of the Migratory Bird Treaty Act from
being diminished by the amendments made by Pub. L.
93–509 to this subsection unless by specific congressional enactment.
Subsec. (f). Pub. L. 95–469, § 1(a)(3), substituted ‘‘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.’’ for ‘‘The disposition or
sale of surplus animals, minerals, and other products,
the grant of privileges, and the carrying out of any
other activities that result in the collection of revenues within any areas of the System may be accomplished upon such terms, conditions, or regulations, including sale in the open markets, as the Secretary shall
determine to be in the best interest of the United
States.’’ and reenacted substance of second sentence,
setting out provision for regulations at beginning rather than end of sentence.
Subsec. (g). Pub. L. 95–469, § 1(a)(3), substituted definitions of certain terms for prior provision for supersedure by Pub. L. 88–523 of repealed paragraph of ‘‘Management of National Wildlife Refuges’’ in the General
Appropriation Act, 1951, approved Sept. 6, 1950 (64 Stat.
595, 693 to 694).
Subsec. (h). Pub. L. 95–469, § 1(a)(4), added subsec. (h).
1974—Subsec. (e). Pub. L. 93–509 substituted provisions
that moneys remaining in the fund after all payments
under this section are made for any fiscal year shall be
transferred to the Migratory Bird Conservation Fund
and shall be available for land acquisition under the
Migratory Bird Conservation Act with exception that
the funds available for the management of the National
Wildlife Refuge System or for enforcement of the Migratory Bird Treaty Act shall not be diminished for
provisions that moneys remaining in the fund after all
payments are made for any fiscal year may be used by
the Secretary thereafter for management of the System, including but not limited to the construction, improvement, repair, and alteration of buildings, roads,
and other facilities, and for enforcement of the Migratory Bird Treaty Act.
1973—Subsec. (a). Pub. L. 93–205 substituted ‘‘listed
pursuant to section 1533 of this title as endangered species or threatened species,’’ for ‘‘threatened with extinction,’’.
1966—Subsec. (a). Pub. L. 89–669 defined the National
Wildlife Refuge System to include lands acquired or reserved for the protection and conservation of fish and
wildlife that are threatened with extinction.
1964—Pub. L. 88–523 substituted provisions designated
as subsecs. (a) to (g) for former provisions constituting
one paragraph consisting of a first clause with three
provisos and a second clause; required in subsec. (a) all
receipts from the National Wildlife Refuge System to
be covered into a separate fund in the United States
Treasury, made the fund available until expended, provided for expenditures without further appropriation,
and defined the National Wildlife Refuge System; incorporated the third proviso of the first clause and the
second clause in subsec. (b) and the parenthetical matter of subsec. (c); incorporated in the reserved public
lands provision of subsec. (c)(1) the formula of the first
clause for returning twenty-five per centum of the net
revenues from the System to the counties in which the
producing refuges are located for the benefit of the public schools and roads therein; incorporated the first
proviso of the first clause in subsec. (c)(1) proviso; substituted subsec. (c)(2) providing an option plan for payment of either 25 per centum of the net receipts from
lands acquired in fee by the United States to the coun-

§ 718

TITLE 16—CONSERVATION

ties in which such acquired lands are located or threefourths of 1 per centum of the adjusted cost of the acquired lands, whichever is higher, for the formula of
the first clause for returning 25 per centum of the revenues; inserted provisions of subsecs. (d), (e), and (g);
and incorporated the second proviso of the first clause
in subsec. (f).
1951—Act Oct. 31, 1951, in second proviso, inserted reference to application regulations of the Federal Property and Administrative Services Act of 1949, as amended, and, in third proviso, inserted reference to section
485 of Title 40.
EFFECTIVE DATE OF 1978 AMENDMENT; FISCAL YEAR OF
AVAILABILITY OF APPROPRIATION AUTHORIZATION
Pub. L. 95–469, § 2, Oct. 17, 1978, 92 Stat. 1321, provided
that: ‘‘The amendments made by this Act [amending
this section and sections 1603, 1605 and 1606 of former
Title 31, Money and Finance], shall apply with respect
to payments made to counties under title IV of the Act
of June 15, 1935 [this section], for the fiscal year ending
September 30, 1979, and for fiscal years thereafter; except that the amendments made to such title IV [this
section] which amend section 401(a) and (g), add paragraph (4) to section 401(c) [subsecs. (a) and (g), and
(c)(4) of this section], and amend the title heading [of
this section] shall take effect on the date of the enactment of this Act [Oct. 17, 1978]. No authorization for appropriation shall be available under this Act before the
fiscal year ending September 30, 1980.’’
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as an Effective
Date note under section 1531 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Reorg. Plan No. III of 1940, set out in the Appendix to
Title 5, consolidated Bureau of Fisheries and Bureau of
Biological Survey, with their respective functions, into
one agency in Department of the Interior to be known
as the Fish and Wildlife Service.
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.
REFUGE REVENUE SHARING
Pub. L. 105–83, title I, § 132, Nov. 14, 1997, 111 Stat.
1570, provided that: ‘‘Notwithstanding any other provision of law, hereafter the United States Fish and Wildlife Service may disburse to local entities impact funding pursuant to Refuge Revenue Sharing that is associated with Federal real property transferred to the
United States Geological Survey from the United
States Fish and Wildlife Service.’’

SUBCHAPTER IV—HUNTING AND
CONSERVATION STAMP TAX
§ 718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3,
2006, 120 Stat. 677
Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.
SHORT TITLE OF 2014 AMENDMENT
Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, provided that: ‘‘This Act [amending sections 718a, 718b,
and 718d of this title] may be cited as the ‘Federal Duck
Stamp Act of 2014’.’’

Page 1168

SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–266, § 1, Aug. 3, 2006, 120 Stat. 670, provided
that: ‘‘This Act [enacting sections 718g to 718j of this
title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and
718j of this title, and enacting provisions set out as
notes under this section] may be cited as the ‘Electronic Duck Stamp Act of 2005’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–269, § 1, Oct. 19, 1998, 112 Stat. 2381, provided that: ‘‘This Act [amending section 718d of this
title] may be cited as the ‘Migratory Bird Hunting and
Conservation Stamp Promotion Act’.’’
SHORT TITLE
Act Mar. 16, 1934, ch. 71, § 11, as added by Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 679, provided that:
‘‘This Act [enacting this subchapter] may be cited as
the ‘Migratory Bird Hunting and Conservation Stamp
Act’.’’
ELECTRONIC DUCK STAMP PILOT PROGRAM
Pub. L. 109–266, §§ 2–9, Aug. 3, 2006, 120 Stat. 670–673,
provided that:
‘‘SEC. 2. FINDINGS.
‘‘Congress finds that—
‘‘(1) on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 (16
U.S.C. 718a [718] et seq.) (popularly known as the
‘Duck Stamp Act’), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp
annually;
‘‘(2) the Federal Duck Stamp program has become
one of the most popular and successful conservation
programs ever initiated;
‘‘(3) because of that program, the United States
again is teeming with migratory waterfowl and other
wildlife that benefit from wetland habitats;
‘‘(4) as of the date of enactment of this Act [Aug. 3,
2006], 1,700,000 migratory bird hunting and conservation stamps are sold each year;
‘‘(5) as of 2003, those stamps have generated more
than $600,000,000 in revenue that has been used to preserve more than 5,000,000 acres of migratory waterfowl habitat in the United States; and
‘‘(6) many of the more than 540 national wildlife refuges have been paid for wholly or partially with that
revenue.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act [see Short Title of 2006 Amendment note
above]:
‘‘(1) ACTUAL STAMP.—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 [718] et seq.) (popularly known as
the ‘Duck Stamp Act’), that is printed on paper and
sold through a means in use immediately before the
date of enactment of this Act [Aug. 3, 2006].
‘‘(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, or telephonic system 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;
‘‘(C) is issued through a State automated licensing system that is authorized, under State law and