§ 715s. — Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC715s]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER III--MIGRATORY BIRD CONSERVATION
Sec. 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.
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\1\ So in original. Probably should be ``carcasses,''.
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(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 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
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 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.
(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)
of this section 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) 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. 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) of this section 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, Sec. 401, 49 Stat. 383; 1939 Reorg.
Plan No. II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232; Oct. 31, 1951, ch. 654, Sec. 2(13), 65 Stat. 707; Pub. L.
88-523, Aug. 30, 1964, 78 Stat. 701; Pub. L. 89-669, Sec. 8(b), Oct. 15,
1966, 80 Stat. 930; Pub. L. 93-205, Sec. 13(b), Dec. 28, 1973, 87 Stat.
902; Pub. L. 93-509, Sec. 4, Dec. 3, 1974, 88 Stat. 1603; Pub. L. 95-
469, Sec. 1(a), Oct. 17, 1978, 92 Stat. 1319; Pub. L. 97-258, Sec. 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, as amended, 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Subsec. (e). Pub. L. 95-469, Sec. 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, Sec. 1(a)(3), substituted ``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 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, Sec. 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, Sec. 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 counties in which such acquired lands are
located or three-fourths 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
Section 2 of Pub. L. 95-469 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,
Secs. 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, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 666g, 1535 of this title;
title 31 sections 6901, 6903.
