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3. Management of Seals in Alaska

16 U.S.C. 655-656

§ 655. Agents to be disinterested.

The persons charged with the management of the seal fisheries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of the Interior, shall never be interested directly or indirectly in any lease of the right to take seals, nor in any proceeds or profits thereof either as owner, agent, partner, or otherwise. (R. S. §§ 1973, 1975; Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat 1433.)

DERIVATION

Act Mar. 5, 1872, ch. 31, § 1, 17 Stat. 35.

CODIFICATION

R.S. § 1973 read as follows: "The Secretary of the Treasury is authorized to appoint one agent and three assistant agents, who shall be charged with the management of the seal fisheries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of the Treasury."

R.S. § 1975 read as follows: "Such agents shall never be interested, directly or indirectly, in any lease of the right to take sals, nor in any proceeds or profits thereof, either as owner, agent, partner, or otherwise."

Act. Feb. 14, 1903, transferred jurisdiction, supervision and control over the fur seal, salmon and other fisheries of Alaska from the Department of the Treasury to the Department of Commerce and Labor.

Act. Mar. 4, 1913, changed the designation of the Department of Commerce and Labor to the Department of Commerce and provided that the Secretary thereof should be called the Secretary of Commerce.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and

employees, by 1950 Reorg. Plan No. 3, §§ 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.

1939 Reorg. Plan No. II, set out in the Appendix to Title 5, transferred the Bureau of Fisheries in the Department of Commerce, and its functions and the functions of the Secretary of Commerce relating to the protection of fur seals and other fur-bearing animals and the supervision of the Pribilof Islands and the care of the natives therof, to the Department of the Interior.

1939 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, consolidated the Bureau of Fisheries and the Bureau of Biological Survey with their respective functions into one agency in the Department of Interior to be known as the Fish and Wildlife Service, and abolished the office of the Commissioner and Deputy Commissioner of Fisheries and transferred their functions to the consolidated agency.

RESPONSIBILITY FOR MATTERS RELATING TO SEALS

Bureau of Commercial Fisheries within the Fish and Wildlife Service as responsible for matters relating to commercial fisheries and to seals, see section 742b (d) of this title.

§ 656. Same; administering oaths and taking testimony.

The agents are empowered to administer oaths in all cases relating to the service of the United States, and to take testimony in Alaska for the use of the Government in any matter concerning the public revenue. (R. S. 1976.)

DERIVATION

Act Mar. 5, 1872, ch. 31, § 3, 17 Stat. 35.

§ 657. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632.

Section, R.S. § 1974; act June 10, 1921, ch. 18, § 304, 42 Stat. 204, related to traveling expenses for persons charged with management of seal fisheries in Alaska.

4. Killing of Alaska Sea Lions

16 U.S.C. 659

§ 659. Sea lions; acts prohibiting killing repealed; regulations.

All Acts and parts of Acts making it unlawful to kill sea lions, as game animals or otherwise, in the waters of the Territory of Alaska are repealed: Provided, however, That sea lions shall not be killed in the waters of Alaska except under such rules and regulations as the Secretary of the Interior may prescribe, in order to prevent the extinction of sea lions as a species of interesting sea life in the waters of Alaska. (June 16, 1934, ch. 556, 48 Stat. 976; 1939 Reorg. Plan No. II, § 4 (e), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred

to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 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.

1939 Reorg. Plan No. II, set out in the Appendix to Title 5, transferred the Bureau of Fisheries in the Department of Commerce, and its functions and the functions of the Secretary of Commerce relating to the protection of fur seals and other fur-bearing animals and the supervision of the Pribilof Islands and the care of the natives thereof, to the Department of the Interior.

ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

5. Administration of National Wildlife Refuge System

§ 668dd. National Wildlife Refuge System.

16 U.S.C. 668dd-668ee

(a) Designation; public land withdrawals; disposal of acquired lands; proceeds.

For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the Secretary of the Interior for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas are hereby designated as the "National Wildlife Refuge System" (referred to herein as the "System"), which shall be subject to the provisions of this section. Nothing contained in this Act shall restrict the authority of the Secretary to modify or revoke public land withdrawals affecting lands in the System as presently constituted, or as it may be constituted, whenever he determines that such action is consistent with the public interest. No acquired lands which are or become a part of the System may be transferred or otherwise disposed of under any provision of law (except by exchange pursuant to subsection (b) (3) of this section) unless (1) the Secretary of the Interior determines after consultation with the Migratory Bird Conservation Commission that such lands are no longer needed for the purposes for which the System was established, and (2) such lands are transferred or otherwise disposed of for an amount not less than (A) the acquisition costs of such lands, in the case of lands of the System which were purchased by the United States with funds from the migratory bird conservation fund, or (B) the fair market value of such lands (as determined by the Secretary as of the date of the transfer or disposal), in the case of lands of the System which were donated to the System. The Secretary shall pay into the migratory bird conservation fund the aggregate amount of the proceeds of any transfer or disposal referred to in the preceding sentence. (b) Administration; public accommodations contracts; acceptance and use of funds; exchange of properties; cash equalization payments.

In administering the System, the Secretary is authorized

(1) to enter into contracts with any person or public or private agency through negotiation for the provision of public accommodations when, and in such locations, and to the extent that the Secretary determines will not be inconsistent with the primary purpose for which the affected area was established.

(2) to accept donations of funds and to use such funds to acquire or manage lands or interests therein, and

(3) to acquire lands or interests therein by ex

change (a) for acquired lands or public lands under his jurisdiction which he finds suitable for disposition, or (b) for the right to remove, in accordance with such terms and conditions as the Secretary may prescribe, products from the acquired or public lands within the System. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(c) Prohibited and permitted activities; application of mining and mineral leasing laws, hunting or fishing regulations, and State laws or regulations. No person shall knowingly disturb, injure, cut, burn, remove, destroy, or possess any real or personal property of the United States, including natural growth, in any area of the System; or take or possess any fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such activities are performed by persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation, Executive order, or public land order establishing the area, or amendment thereof: Provided, That the United States mining and mineral leasing laws shall continue to apply to any lands within the System to the same extent they apply prior to October 15, 1966, unless subsequently withdrawn under other authority of law. Nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife, including endangered species thereof, on lands not within the System. The regulations permitting hunting and fishing of resident fish and wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws and regulations. The provisions of this Act shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations in any area within the System. (d) Use of areas; administration of part of migratory bird sanctuaries as game taking areas; easements. The Secretary is authorized, under such regulations as he may prescribe, to—

(1) permit the use of any area within the System for any purpose, including but not limited to hunting, fishing, public recreation and accommodations, and access whenever he determines that such uses are compatible with the major purposes for which such areas were established: Provided, That not to exceed 40 per centum at any one time of any area that has been, or hereafter may be acquired, reserved, or set apart as an inviolate sanctuary for migratory birds, under any law, proclamation, Executive order, or public land order may be administered by the Secretary as an area

within which the taking of migratory game birds may be permitted under such regulations as he may prescribe; and

(2) permit the use of, or grant easements in, over, across, upon, through, or under any areas within the System for purposes such as but not necessarily limited to, powerlines, telephone lines, canals, ditches, pipelines, and roads, including the construction, operation, and maintenance thereof, whenever he determines that such uses are compatible with the purposes for which these areas are established.

(e) Penalties.

Any person who violates or fails to comply with any of the provisions of this Act or any regulations issued thereunder shall be fined not more than $500 or be imprisoned not more than six months, or both. (f) Enforcement provision; arrests, searches, and seizures; custody of property; forfeitures; disposition.

Any person authorized by the Secretary of the Interior to enforce the provisions of this Act or any regulations issued thereunder, may, without a warrant, arrest any person violating this Act or regulations in his presence or view, and may execute any warrant or other process issued by an officer or court of competence jurisdiction to enforce the provisions of this Act or regulations, and may with a search warrant search for and seize any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof, taken or possessed in violation of this Act or the regulations issued thereunder. Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or egg thereof seized with or without a search warrant shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the court.

(g) Regulations; continuation, modification, or rescission.

Regulations applicable to areas of the System that are in effect on October 15, 1966, shall continue in effect until modified or rescinded.

(h) National conservation recreational area provisions; amendment, repeal, or modification. Nothing in this section shall be construed to amend, repeal, or otherwise modify the provision of sections 460k to 460k-4 of this title which authorizes the Secretary of the Interior to administer the areas within the System for public recreation. The provisions of this section relating to recreation shall be administered in accordance with the provisions of

Sec.

said sections.

(i) Exemption from State water laws.

Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws (Pub. L. 89-669, § 4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90-404, § 1, July 18, 1968, 82 Stat. 359.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (c), (e), (f), (1), means Pub. L. 89-669 which enacted sections 668aa668ee, amended sections 460k, 696, 696b, 715c, 7151-715k, 718d, and repealed sections 715d-1, 715d-2, 7151, 715m of this title.

The United States mining and mineral leasing laws referred to in subsec. (c), are classified generally to Title 30, Mineral Lands and Mining.

AMENDMENTS

1968-Subsec. (a). Pub. L. 90-404 added provisions that no acquired lands which are or become a part of the National Wildlife Refuge System may be transferred or otherwise disposed of except under the specified conditions, and provisions that the Secretary pay into the migratory bird conservation fund the proceeds of any such transfer or disposal.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-404 provided that: "The amendments made by the first section of this Act [which amended subsec. (a) of this section] shall apply only with respect to transfers and disposals of land initiated and completed after the date of their enactment [July 18, 1968]."

SHORT TITLE

Section 12(f) of Pub. L. 91-135, Dec. 5, 1969, 83 Stat. 283, provided that: "The provisions of sections 4 and 5 of the Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd668ee) [this section and section 668ee of this title], as amended, shall hereinafter be cited as the 'National Wildlife Refuge System Administration Act of 1966'." § 668ee. Definitions.

(a) The term "person" as used in this Act means any individual, partnership, corporation, or association.

(b) The terms "take" or "taking" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.

(c) The terms "State" and the "United States" as used in this Act mean the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. (Pub. L. 89669, § 5, Oct. 15, 1966, 80 Stat. 929.)

REFERENCES IN TEXT

This Act, referred to in the text, means Pub. L. 89-669 which enacted sections 668aa-668ee, amended sections 460k, 696, 696b, 715c, 7151-715k, 718d, and repealed sections 715d-1, 715d-2, 7151, 715m of this title.

6. Wildlife Restoration Projects

16 U.S.C. 669-669i

[blocks in formation]

(a) Setting aside funds.

(b) Definition.

(c) Costs.

Payment of funds to States; laws governing construction and labor

669g. Maintenance of projects; expenditures for management of wildlife areas and resources.

669g-1. Payment of funds to and cooperation with
Puerto Rico, Guam, and the Virgin Islands.
Employment of personnel; equipment, etc.
Rules and regulations.

669h.

6691.

669j.

Repealed.

§ 669. Cooperation of Secretary of the Interior with States; conditions.

The Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter in this chapter set forth; but no money apportioned under this chapter to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this chapter and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of said sections, shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this chapter and all projects shall conform to the standards fixed by the Secretary of the Interior. (Sept. 2, 1937, ch. 899, § 1, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, set out in the Appendix to Title 5, Government Organization, and Employees, transferred the functions of the Secretary of Agriculture relating the conservation of wildlife, game, and migratory birds to the Secretary of the Interior.

ASSENT BY GOVERNOR OF TERRITORY OF HAWAII Assent of the Governor of the Territory as sufficient until the final adjournment of the first regular session of the legislature of the Territory held after July 2, 1956, see section 5 of act July 2, 1956, ch. 489, 70 Stat. 473, set out as a note under section 669a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 669b-1 of this title. § 669a. Definitions.

For the purposes of this chapter the term "wildlife-restoration project" shall be construed to mean and include the selection, restoration, rehabilitation, and improvement of areas of land or water adaptable as feeding, resting, or breeding places for wildlife, including acquisition by purchase, condemnation, lease, or gift of such areas or estates or interests therein as are suitable or capable of being made suitable therefor, and the construction thereon or therein of such works as may be necessary to make them available for such purposes and also including such research into problems of wildlife management as may be necessary to efficient administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred in and about such projects; the term "State fish and game department" shall be construed to mean and include any department or division of department of another name, or commission, or official or officials, of a State empowered under its laws to exercise the functions ordinarily exercised by a State fish and game department. (Sept. 2, 1937, ch. 899, § 2, 50 Stat. 917; July 2, 1956, ch. 489, § 1, 70 Stat. 473; July 12, 1960, Pub. L. 86-624, § 10, 74 Stat. 412.)

AMENDMENTS

1960-Pub. L. 86-624 eliminated provisions which defined the term "State" as including the several States and the Territory of Hawail.

1956 Act July 2, 1956, included the definition of "State".

EFFECTIVE DATE OF 1956 AMENDMENT; ASSENT
REQUIREMENTS

Section 5 of act July 2, 1956, provided that: "The amendments made by this Act [to sections 669g-1. 777a, and 777k of this title] shall be applicable only with respect to fiscal years beginning after the passage of this Act [July 2, 1956]. Until the final adjournment of the first regular session of the legislature of the Territory of Hawail held after the passage of this Act [July 2, 1956], the assent of the Governor of the Territory shall be sufficient for the purposes of the assent requirements set forth in section 1 of said Federal Aid in Wildlife Restoration Act [section 669 of this title] and in section 1 of said Federal Aid in Fish Restoration Act [section 777 of this title]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669b-1, 669g, 669g-1 of this title.

§ 669b. Appropriations; disposition of unexpended funds.

An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1971) from any tax imposed on specified articles by section 4181 of the Internal Revenue Code of 1954 shall, subject to the exemptions in section 4182 of such Code, be covered into the Federal aid to wildlife restoration fund in the Treasury (hereinafter referred to as the "fund") and is authorized to be appropriated and made available until expended to carry out the purposes of this chapter. So much of such appropriations apportioned to any State for any fiscal year as remains unexpended at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of this chapter which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, ch. 899, § 3, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970, Pub. L. 91-503, title I, § 101, 84 Stat. 1097.)

REFERENCES IN TEXT

Sections 4181 and 4182 of the Internal Revenue Code of 1954 referred to in text, are sections 4181 and 4182 of Title 26, Internal Revenue Code.

The Migratory Bird Conservation Act, referred to in the text, is classified to sections 715-715d, 715e, 7151715k, 7151-715r of this title.

AMENDMENTS

1970-Pub. L. 91-503 added provisions for the deposit of the 10 per cent tax on pistols and revolvers under section 4181 of Title 26 into the Federal aid to wildlife restoration fund beginning in fiscal year 1971.

SHORT TITLE

Section 103 of Pub. L. 91-503 provided that: "This title [amending this section and sections 669c to 669g-1 of this title] may be cited as the 'Federal Aid in Wildlife Restoration Act Amendments of 1970'."

TRANSFER OF FUNCTIONS See note to section 669 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 669b-1, 669e of this title.

§ 669b-1. Appropriation of accumulated unappropriated receipts.

There is hereby authorized to be appropriated, out of the Federal aid to wildlife restoration fund established by this chapter, for the 1956 fiscal year and for each fiscal year thereafter, an amount equal to 20 per centum of the accumulated unappropriated receipts in such fund on August 12, 1955, until the accumulated unappropriated receipts in such fund on such date have been appropriated and expended. Funds appropriated under the authority of this section shall be made available to the States in accordance with the provisions of, and under the apportionment formula set forth in, this chapter, and shall be in addition to the funds appropriated under section 669b of this title. (Aug. 12, 1955, ch. 861, § 1, 69 Stat. 698.)

CODIFICATION

Section was not enacted as part of act Sept. 2, 1937, ch. 899, 50 Stat. 917, which comprises this chapter.

§ 669c. Apportionment of funds; expenses of Secretary.

(a) So much, not to exceed 8 per centum, of the revenues covered into said fund in each fiscal year as the Secretary of the Interior may estimate to be necessary for his expenses in the administration and execution of this chapter and the Migratory Bird Conservation Act shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year, and within sixty days after the close of such fiscal year the Secretary of the Interior shall apportion such part thereof as remains unexpended by him, if any, and make certificate thereof to the Secretary of the Treasury and to the State fish and game departments on the same basis and in the same manner as is provided as to other amounts authorized by this chapter to be apportioned among the States for such current fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion, except as provided in subsection (b) of this section, the remainder of the revenue in said fund for each fiscal year among the several States in the following manner: One-half in the ratio which the area of each State bears to the total area of all the States, and onehalf in the ratio which the number of paid huntinglicense holders of each State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned. The term fiscal year as used in this chapter shall be a period of twelve consecutive months from July 1 through the succeeding June 30, except that the period for enumeration of paid hunting-license holders shall be a State's fiscal or license year.

(b) One-half of the revenues accruing to the fund under this chapter each fiscal year (beginning with

the fiscal year 1971) from any tax imposed on pistols and revolvers shall be apportioned among the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues. For the purpose of this subsection, population shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of Commerce. (Sept. 2, 1937, ch. 899, § 4, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 24, 1946, ch. 605, § 1, 60 Stat. 656; Oct. 23, 1970, Pub. L. 91-503, title I, § 102, 84 Stat. 1098.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in subsec. (a), is classified to section 715 et seq. of this title. AMENDMENTS

1970-Pub. L. 91-503 designated existing provisions as subsec. (a) and in subsec. (a) as so designated, substituted "second fiscal year preceding" for "preceding fiscal year" in the provision dealing with the apportionment by the Secretary of the Interior, defined the term "fiscal year", and eliminated provisions dealing with the maximum and minimum apportionments "to all the States", and added subsec. (b).

1946-Act July 24, 1946, substituted proviso making apportionment upon a percentage basis for provisos providing for certain definite sums to be apportioned to each State. TRANSFER OF FUNCTIONS

See note to section 669 of this title.

SUSPENSION OF EXPENSE LIMITATION

The Interior Department Appropriation Act, 1945, act June 28, 1944, ch. 298, § 1, 58 Stat. 504, provided that the limitations in this chapter were waived to the extent necessary to provide overtime under the provisions of the War Overtime Pay Act, 1943, former sections 1401-1415 of Appendix to Title 50, War and National Defense, which act expired June 30, 1945.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 669b-1, 669g of this title.

§ 669d. Same; certification to States and Secretary of Treasury; acceptance by States; disposition of funds not accepted.

For each fiscal year, the Secretary of the Interior shall certify to the Secretary of the Treasury and to each State fish and game department the sum which he has estimated to be deducted for administering and executing this chapter and the Migratory Bird Conservation Act and the sum which he has apportioned to each State. Any State desiring to avall itself of the benefits of this chapter shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, ch. 889, § 5, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939. 4 F.R. 2731, 53 Stat. 1433; Oct. 23, 1970, Pub. L. 91503, title I, § 102, 84 Stat. 1098.)

REFERENCES IN TEXT

The Migratory Bird Conservation Act, referred to in text, is classified to section 715 et seq. of this title.

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