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CITE

    16 USC Sec. 718d                                            01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

HEAD

    Sec. 718d. Expenditure of funds

STATUTE

    (a) In general
      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.
    (b) Use of funds
      All funds received into the fund are appropriated for the
    following purposes, to remain available until expended:
      (1) Advance allotments
        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) Areas for refuges
        Except as provided in paragraph (3) 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) Conditions on use of funds
        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.
    (c) Promotion of stamp sales
      (1) In general
        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.
      (2) Components of report
        The Secretary shall include in each annual report of the
      Commission under section 715b (!1) of this title a description of
      activities conducted under this subsection in the year covered by
      the report.

SOURCE

    (Mar. 16, 1934, ch. 71, Sec. 4, 48 Stat. 451; June 15, 1935, ch.
    261, title I, Secs. 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No.
    II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug.
    12, 1949, ch. 421, Sec. 2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65
    Stat. 451; Pub. L. 85-585, Secs. 2, 3, Aug. 1, 1958, 72 Stat. 486,
    487; Pub. L. 89-669, Sec. 6, Oct. 15, 1966, 80 Stat. 929; Pub. L.
    92-214, Sec. 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94-215, Sec.
    3(d), Feb. 17, 1976, 90 Stat. 190; Pub. L. 105-269, Sec. 2, Oct.
    19, 1998, 112 Stat. 2381; Pub. L. 109-266, Sec. 10(e), Aug. 3,
    2006, 120 Stat. 676.)

REFERENCES IN TEXT

      The Migratory Bird Conservation Act, referred to in subsec.
    (b)(2), (3), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as
    amended, which is classified generally to subchapter III (Sec. 715
    et seq.) of chapter 7 of this title. For complete classification of
    this Act to the Code, see section 715 of this title and Tables.
      Section 715b of this title, referred to in subsec. (c)(2), was
    omitted from the Code.

AMENDMENTS

      2006 - Pub. L. 109-266, Sec. 10(e)(1), (2), inserted section
    catchline, substituted subsec. (a) for introductory provisions
    which read "All moneys received for such stamps shall be accounted
    for by the Postal Service or the Department of the Interior,
    whichever is appropriate, and paid into the Treasury of the United
    States, and shall be reserved and set aside as a special fund to be
    known as the migratory bird conservation fund, to be administered
    by the Secretary of the Interior. All moneys received into such
    fund are appropriated for the following objects and shall be
    available therefor until expended:", inserted subsec. (b)
    designation, heading, and introductory provisions, redesignated
    former subsecs. (a) to (c) as pars. (1) to (3), respectively, of
    subsec. (b), and realigned margins.
      Subsec. (b)(1). Pub. L. 109-266, Sec. 10(e)(3), inserted heading
    and substituted "So much as may be necessary shall be used by the
    Secretary for engraving" for "So much as may be necessary shall be
    used by the Secretary of the Interior to make advance allotments to
    the Postal Service at such times and in such amounts as may be
    mutually agreed upon by the Secretary of the Interior and the
    Postal Service for direct expenditure by the Postal Service for
    engraving", "Migratory Bird Hunting and Conservation Stamps" for
    "migratory bird hunting stamps", "personnel" for "personal", and
    "Postal Service" for "postal service".
      Subsec. (b)(2). Pub. L. 109-266, Sec. 10(e)(4)(B), inserted "(16
    U.S.C. 715 et seq.)" after "Migratory Bird Conservation Act".
      Pub. L. 109-266, Sec. 10(e)(4)(A), which directed amendment of
    par. (2) by substituting heading "Areas for refuges" and text
    "Except as provided in paragraph (3) and subsection (c)" for
    "Except as provided in subsections (c) and (d) of this section",
    was executed by making the substitution for "Except as authorized
    in subsections (c) and (d) of this section" to reflect the probable
    intent of Congress.
      Subsec. (b)(3). Pub. L. 109-266, Sec. 10(e)(5), inserted heading,
    inserted "(16 U.S.C. 715 et seq.)" after "Migratory Bird
    Conservation Act", and substituted "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," for "The Secretary
    of the Interior is authorized to utilize funds made available under
    subsection (b) of this section for the purposes of such subsection,
    and such other funds as may be appropriated for the purposes of
    such subsection, or of this subsection," and "pursuant to this
    paragraph" for "pursuant to this subsection".
      Subsec. (c). Pub. L. 109-266, Sec. 10(e)(6), redesignated subsec.
    (d) as (c). Former subsec. (c) redesignated (b)(3).
      Subsec. (c)(1). Pub. L. 109-266, Sec. 10(e)(7)(A), inserted
    heading and substituted "The Secretary may use" for "The Secretary
    of the Interior may utilize" and "Migratory Bird Hunting and
    Conservation Stamps" for "migratory bird hunting and conservation
    stamps".
      Subsec. (c)(2). Pub. L. 109-266, Sec. 10(e)(7)(B), inserted
    heading and substituted "The Secretary" for "The Secretary of the
    Interior".
      Subsec. (d). Pub. L. 109-266, Sec. 10(e)(6), redesignated subsec.
    (d) as (c).
      1998 - Subsecs. (b), (d). Pub. L. 105-269 substituted
    "subsections (c) and (d)" for "subsection (c)" in subsec. (b) and
    added subsec. (d).
      1976 - Pub. L. 94-215 inserted "or the Department of the
    Interior, whichever is appropriate," after "Postal Service" in
    first sentence.
      1971 - Pub. L. 92-214 substituted "Postal Service" for "Post
    Office Department" in introductory provisions and "Postal Service"
    for "Post Office Department" and "Postmaster General" in subsec.
    (a).
      1966 - Subsec. (b). Pub. L. 89-669 struck out provisos relating
    to wildlife management areas and rule making for such areas which
    are now covered by section 668bb(d) (1) of this title.
      1958 - Subsecs. (a), (b). Pub. L. 85-585 earmarked proceeds from
    sale of stamps, less expenses of Post Office Department in
    connection with fish and wildlife matters, for the acquisition of
    migratory bird refuges, and permitted hunting of resident game
    birds in designated wildlife management areas.
      Subsec. (c). Pub. L. 85-585 added subsec. (c).
      1951 - Subsec. (a). Act Oct. 20, 1951, substituted "85 per
    centum" for "90 per centum".
      Subsec. (b). Act Oct. 20, 1951, inserted "in enforcing" after
    "The remainder shall be available for expenses".
      1949 - Subsec. (a). Act Aug. 12, 1949, inserted proviso.
      1935 - Act June 15, 1935, amended section generally.
                     EFFECTIVE DATE OF 1958 AMENDMENT
      For effective date of amendment by Pub. L. 85-585, see section 4
    of Pub. L. 85-585, set out as a note under section 718b 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 718a of this title.

FOOTNOTE

    (!1) See References in Text note below.