§ 718d. — Disposition of receipts from sale of stamps.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC718d]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER IV--HUNTING AND CONSERVATION STAMP TAX
Sec. 718d. Disposition of receipts from sale of stamps
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:
(a) Advance allotments to Postal Service
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, printing, issuing, selling, and accounting for
migratory bird hunting stamps and moneys received from the sale thereof,
in addition to expenses for personal 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.
(b) Acquisition of bird refuges
Except as authorized in subsections (c) and (d) of this section, 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.
(c) Waterfowl Production Areas
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, 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 subsection.
(d) Promotion of stamp sales
(1) The Secretary of the Interior may utilize 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) The Secretary of the Interior 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.
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\1\ See References in Text note below.
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(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.)
References in Text
The Migratory Bird Conservation Act, referred to in subsecs. (b) and
(c), 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. (d)(2), was
omitted from the Code.
Amendments
1998--Subsecs. (b), (d). Pub. L. 105-242 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.
Section Referred to in Other Sections
This section is referred to in sections 715k-4, 718b, 718e, 3911,
3912 of this title; title 25 section 564w-1.
