exceed $105,000,000. (Pub. L. 87-383, § 1, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90-205, § 1(a), Dec. 15, 1967, 81 Stat. 612.)

AMENDMENTS

1967-Pub. L. 90-205 substituted "fifteen-year period" for "seven-year period".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715k-4, 715k-5 of this title.

§ 715k-4. Same; accounting and use of appropriations. Funds appropriated each fiscal year pursuant to sections 715k-3 to 715k-5 of this title shall be accounted for, added to, and used for purposes of the migratory bird conservation fund established pursuant to section 718d of this title. (Pub. L. 87-383, § 2, Oct. 4, 1961, 75 Stat. 813.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715k-5 of this title. § 715k-5. Same; advance to migratory bird conservation fund; repayments; acquisition of lands. Funds appropriated pursuant to sections 715k-3 to 715k-5 of this title shall be treated as an advance, without interest, to the migratory bird conservation fund. Such appropriated funds, beginning with fiscal year 1977, shall be repaid to the Treasury out of the migratory bird conservation fund, such repayment shall be made in annual amounts comprising 75 per centum of the moneys accruing annually to such fund. In the event the full amount authorized by section 715k-3 of this title is appropriated prior to the end of the aforesaid fifteen-year period, the repayment of such funds pursuant to this section shall begin with the next full fiscal year: Provided further, That no land shall be acquired with moneys from the migratory bird conservation fund unless the acquisition thereof has been approved by the Governor of the State or appropriate State agency. (Pub. L. 87-383, § 3, Oct. 4, 1961, 75 Stat. 813; Pub. L. 90205, § 1(b), Dec. 15, 1967, 81 Stat. 612.)

AMENDMENTS

1967-Pub. L. 90-205 made minor structural changes and substituted "1977" for "1969" and "fifteen-year period" for "seven-year period".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 715k-4 of this title. $$ 7151, 715m. Repealed. Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930.

Sections, act Feb. 18, 1929, ch. 257, §§ 13, 14, 45 Stat. 1225, related to: execution of provisions, powers and duties of United States judges, commissioners and employees of Department of Interior; and penalty for violaflon of provisions, and are now covered by section 668dd (f) and (e) of this title, respectively.

§ 715n. Word "take" defined.

For the purposes of sections 715 to 715d, 715e, 715f to 715k, and 7151 to 715r of this title the word "take" shall be construed to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires. (Feb. 18, 1929, ch. 257, § 15, 45 Stat. 1225.)

REFERENCES IN TEXT

Sections 7151 and 715m, included within the reference to sections 7151 to 715r of this title, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and the ma

terial contained therein is now covered by section 668dd (f) and (e) of this title, respectively.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 691d, 695b, 715a, 715c, 715d, 715e, 715f, 715g, 715h, 7151, 715j, 715k, 7150, 715p, 715r, 718 of this title.

§ 7150. National forest and power sites; use for migratory bird reservations.

Nothing in sections 715 to 715d, 715e, 715f to 715k, and 7151 to 715r of this title shall be construed as authorizing or empowering the Migratory Bird Conservation Commission created by section 715a of this title, the Secretary of the Interior, or any other board, commission, or officer, to declare, withdraw, or determine, except heretofore designated, any part of any national forest or power site, a migratory bird reservation under any of the provisions of sections 715 to 715d, 715e, 715f to 715k, and 7151 to 715r of this title, except by and with the consent of the legislature of the State wherein such forest or power site is located. (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

Sections 7151 and 715m, included within the reference to sections 7151 to 715r of this title, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and the material contained therein is now covered by section 668dd (f) and (e) of this title, respectively.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715a, 715c, 715d, 715e, 715f, 715g, 715h, 7151, 715j, 715k, 715n, 715p, 715r, 718 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 sections 715 to 715d, 715e, 715f to 715k, and 7157 to 715r of this title 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 such sections 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.)

REFERENCES IN TEXT

Sections 7151 and 715m, included within the reference to sections 7151 to 715r of this title, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and the material contained therein is now covered by section 668dd(f) and (e) of this title, respectively.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715a, 715c, 715d, 715e, 715f, 715g, 715h, 7151, 7151, 715k, 715n, 7150, 715r, 718 of this title.

§ 715q. Expenses of commission; 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 General Accounting Office as to the correctness of the accounts of said commission. (Feb. 18, 1929, ch. 257, § 18, 45 Stat. 1225; Oct. 15, 1962, Pub. L. 87-812, 76 Stat. 922.)

AMENDMENTS

1962-Pub. L. 87-812 increased the annual expenditures from not more than $5,000 to not more than $7,500 and corrected a misspelling of the word "commission".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715a, 715c, 715d, 715e, 715f, 715g, 715h, 7151, 715), 715k, 715n, 7150, 715p, 715r, 718 of this title.

§ 715r. Partial invalidity; validity of remainder.

If any provision of sections 715 to 715d, 715e, 715f to 715k, and 7151 to 715q of this title or the application thereof to any person or circumstance is held invalid the validity of the remainder of such sections 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.)

REFERENCES IN TEXT

Sections 7151 and 715m, included within the reference to sections 7151 to 715r of this title, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and the material contained therein is now covered by section 668dd (f) and (e) of this title, respectively.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715, 715a, 715c, 715d, 715e, 715f, 715g, 715h, 7151, 715j, 715k, 715n, 7150, 715p, 718 of this title.

§ 715s. Participation of States in revenues from National Wildlife Refuge System.

(a) Separate fund in the United States Treasury; availability of funds until expended; definition of "National Wildlife Refuge System". Beginning with the next full fiscal year and for each fiscal year thereafter, all revenucs received by the Secretary of the Interior from the sale or other disposition of animals, 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 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 threatened with extinction, 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 measures set forth in subsection (a) of this section.

(c) Payments to counties.

The Secretary, at the end of each fiscal year, shall pay, out of the net receipts in the fund (after payment of necessary expenses) for such fiscal year, which funds shall be expended solely for the benefit of public schools and roads as follows:

(1) to each county in which reserved public lands in an area of the System are situated, an amount equal to 25 per centum of the net receipts collected by the Secretary from such reserved public lands in that particular area of the System: 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 public lands therein; and

(2) to each county in which areas in the System are situated that have been acquired in fee by the United States, either (A) three-fourths of 1 per centum of the cost of the areas, exclusive of any improvements to such areas made subsequent to Federal acquisition, such cost to be adjusted to represent current values as determined by the Secretary for the first full fiscal year after enactment of this Act and as redetermined by him at fiveyear intervals thereafter, or (B) 25 per centum of the net receipts collected by the Secretary from such acquired lands in that particular area of the System within such counties, whichever is greater. The determinations by the Secretary under this subsection shall be accomplished in such manner as he shall consider to be equitable and in the public interest, and his determinations hereunder shall be final and conclusive.

(d) Limitation on amount; reduction of payments.

The payments under subsection (c) of this section to the counties in the United States for any one fiscal year shall not exceed the amount of net receipts in the fund for that fiscal year and, in case the net receipts are insufficient for a particular fiscal year to pay the aggregate amount of the payments for that fiscal year to the counties, the payment to each county shall be reduced proportionately.

(e) Uses for surplus moneys.

Any 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, as amended.

(f) Terms, conditions, and regulations for disposition of surplus products, grant of privileges, and execution of other activities resulting in the collection of revenues.

The disposition or sale of surplus animals, minerals, and other products, the grant of privileges,

and the carrying out of any other activities that re2sult 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. Further, the Secretary may dispose of such surplus animals by exchange of the same or other kinds, gift or loan to public institutions for exhibition or popagation purposes and for the advancement of knowledge and the 1 dissemination of information relating to the conservation of wildlife in accordance with such regula=tions as he may prescribe.

(g) Supersedure and repeal of other provisions.

Beginning with the first day of the next full fiscal year hereafter, the provisions of this Act shall supersede and repeal the provisions of the paragraph entitled "Management of National Wildlife Refuges" in the General Appropriation Act, 1951, approved September 6, 1950 (64 Stat. 595, 693-694). (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; Aug. 30, 1964, Pub. L. 88-523, 78 Stat. 701; Oct. 15, 1966, Pub. L. 89-669, § 8(b), 80 Stat. 930.)

REFERENCES IN TEXT

Beginning with the next full fiscal year and for each I fiscal year thereafter, referred to in subsec. (a), first full fiscal year after enactment of this Act, referred to in subsec. (c) (2) (A), and beginning with the first day of the next full fiscal year hereafter, referred to in subsec. (g), 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 Treaty Act, as amended, referred to in subsec. (e), is classified to sections 703-711 of this title.

This Act, referred to in subsec. (g), probably means Pub. L. 88-523, which amended this section.

The paragraph entitled "Management of National Wildlife Refuges" in the General Appropriation Act, 1951, approved September 6, 1950 (64 Stat. 595, 693-694) referred to in subsec. (g), was not classified to the Code.

AMENDMENTS

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 the provisions designated as subsecs. (a)-(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. (e) (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 re

turning 25 per centum of the revenues; added 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 the reference to application regulations of the Federal Property and Administrative Services Act of 1949, as amended, and, in third proviso, inserted the reference to section 485 of Title 40.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such 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 such 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 transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior. See Appendix to Title 5.

1940 Reorg. Plan No. III consolidated the Bureau of Fisheries and the Bureau of Biological Survey, with their respective functions, into one agency in the Department of the Interior to be known as the Fish and Wildlife Service. See Appendix to Title 5.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 688cc, 715k-1 of this title.

HUNTING STAMP TAX

§ 718. Definitions.

(a) Terms defined in sections 703 to 711 of this title, or sections 715 to 715d, 715e, 715f to 715k, and 7151 to 715r of this title, shall, when used in sections 718 to 718b, and 718c to 718h of this title, have the meaning assigned to such terms in such sections, respectively.

(b) As used in sections 718 to 718b, and 718c to 718h of this title (1) the term "migratory waterfowl" means the species enumerated in paragraph (a) of subdivision 1 of article I of the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702); (2) the term "State" includes the several States and Territories of the United States and the District of Columbia; and (3) the term "take" means pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill. (Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452.) REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code. Sections 7151 and 715m, included within the reference to sections 7151 to 715r of this title, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and the material contained therein is now covered by section 668dd (f) and (e) of this title, respectively.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718a, 718c, 718e, 718f, 718g, 718h of this title.

§ 718a. Hunting stamp for taking migratory waterfowl.

No person who has attained the age of sixteen years shall take any migratory waterfowl unless at the time of such taking he carries on his person an unexpired Federal migratory-bird hunting stamp validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds; except that no such stamp shall be required

for the taking of migratory waterfowl by Federal or State institutions or official agencies, or for propagation, or by the resident owner, tenant, or share cropper of the property or officially designated agencies of the Department of the Interior for the killing, under such restrictions as the Secretary of the Interior may by regulation prescribe, of such waterfowl when found injuring crops or other property. Any person to whom a stamp has been sold under section 718b of this title shall upon request exhibit such stamp for inspection to any officer or employee of the Department of the Interior authorized to enforce the provisions of sections 718 to 718b, and 718c to 718h of this title or to any officer of any State or any political subdivision thereof authorized to enforce game laws. (Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722.)

AMENDMENTS

1956 Act July 30, 1956, substituted "no person who has attained the age of sixteen years", for "no person over sixteen years of age".

1935-Act June 15, 1935, substituted "validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds" for "issued to him In the manner hereinafter provided," and eliminated provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.

TRANSFER OF FUNCTIONS

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718b, 718c, 718e, 718f, 718g, 718h of this title.

§ 718b. Issuance and sale of stamps; fees; validity; expiration; redemption; definition of retail dealer. The stamps required by section 718a of this title shall be issued and sold by the Post Office Department under regulations prescribed by the Postmaster General: Provided, That the stamps shall be sold at all post offices of the first- and second-class and at such others as the Postmaster General shall direct. For each such stamp sold under the provisions of this section there shall be collected by the Post Office Department the sum of $3. No such stamp shall be valid under any circumstances to authorize the taking of migratory waterfowl except in compliance with Federal and State laws and regulations and then only when the person so taking such waterfowl shall himself have written his signature in ink across the face of the stamp prior to such taking. Each such stamp shall expire and be void after the thirtieth day of June next succeeding its issuance. The Postmaster General, pursuant to regulations to be prescribed by him, shall provide for the redemption, on or before the thirtieth day of June of each fiscal year, of blocks composed of two or more attached unused stamps issued for such year that were sold on consignment to retail dealers for resale to their customers and that have not been resold by such dealers. As used in this section, the term "retail dealers" means persons regularly engaged in the

business of retailing hunting or fishing equipment, and persons duly authorized to act as agents of a State or political subdivision thereof for the sale of State or county hunting or fishing licenses. Such stamps shall be usable as migratory-bird hunting stamps only during the fiscal year for which issued. (Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3 (b), 70 Stat. 722; Aug. 1, 1958, Pub. L. 85-585, § 1, 72 Stat. 486.)

AMENDMENTS

1958-Pub. L. 85-585 increased cost of stamp from $2 to $3.

1956-Act July 30, 1956, made it mandatory for Postmaster General to provide for redemption of unused stamps which are on consignment to retail dealers and are returned at the end of the season in blocks of two or more, added provision defining retail dealers, and added provision allowing use of stamps only during fiscal year for which issued.

1949-Act Aug. 12, 1949, increased cost of stamp from $1 to $2.

1935-Act June 15, 1935, amended section generally.

EFFECTIVE Date of 1958 AMENDMENT

Section 4 of Pub. L. 85-585 provided that: "The amendment made by the first section of this Act [to this section] shall become effective on July 1, 1959. The amendment made by section 2 of this Act (amending section 718d (a) (b) of this title] making available the net proceeds of all moneys received in the migratory bird conservation fund for the location, ascertainment, and acquisition of Waterfowl Production Areas and suitable areas for migratory bird refuges shall become effective on July 1, 1960. The remaining amendments made by this Act [adding section 718d (c) and amending section 718d (a), (b) of this title] shall become effective on the date of the enactment of this Act [Aug. 1, 1958). Any unobligated balance remaining in the migratory bird conservation fund on June 30, 1960, shall thereafter be available for expenditure only for the purposes specified in the Migratory Bird Hunting Stamp Act of March 16, 1934 [section 718-718b, and 718c-718h of this title], as amended by this Act."

SPENDING OF STAMP MONEY

Section 1 of act Aug. 12, 1949, provided in part: "Provided, That the moneys derived from the sale of such stamps shall be spent only upon specific appropriation by the Congress."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c. 718e, 718f, 718g, 718h of this title.

§ 718b-1. Disposition of unsold stamps; collectors' supply; destruction of surplus.

On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postmaster General to be (1) required to supply the market for sale to collectors, and (2) in suitable condition for such sale to collectors, shall be turned over to the Philatelic Agency and therein placed on sale. Any surplus stock of such migratory-bird hunting stamps may be destroyed in such manner as the Postmaster General shall direct. (July 30, 1956, ch. 782, § 3 (a), 70 Stat. 722.)

§ 718c. Compliance with treaty regulations and State game laws.

Nothing in sections 718 to 718b, and 718c to 718h of this title shall be construed to authorize any person to take any migratory waterfowl otherwise than

in accordance with regulations adopted and ap=proved pursuant to any treaty heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States. (Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 718, 718a, 718e, 7181, 718g, 718h of this title.

§ 718d. Disposition of receipts from sale of stamp.

All moneys received for such stamps shall be ac=counted for by the Post Office Department 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. moneys received into such fund are appropriated for the following objects and shall be available therefor until expended:

(a) Advance allotments to Post Office.

All

So much as may be necessary shall be used by the Secretary of the Interior to make advance allotments to the Post Office Department at such times and in such amounts as may be mutually agreed upon by the Secretary of the Interior and the Postmaster General for direct expenditure by the Post Office Department 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 subsection (c) 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 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, 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. (Mar. 16, 1934, ch. 71, § 4, 48 Stat. 451; June 15, 1935, ch. 261, title I, §§ 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421,

§ 2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Aug. 1, 1958, Pub. L. 85-585, §§ 2, 3, 72 Stat. 486, 487; Oct. 15, 1966, Pub. L. 89-669, § 6, 80 Stat. 929.)

REFERENCES IN TEXT

Migratory Bird Conservation Act. referred to in subsecs. (b) and (c), is classified to sections 715-715d, 715e, 715f-715k, and 7151-715r of this title.

Such Act, referred to in subsec. (c) has reference to Migratory Bird Conservation Act.

AMENDMENTS

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 percentum".

Subsec. (b). Act Oct. 20, 1951, inserted "in enforcing" immediately following "The remainder shall be available for expenses".

1949-Subsec. (a). Act Aug. 12, 1949, added proviso. 1935-Act June 15, 1935, amended section generally.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment in part of subsecs. (a) and (b) by Pub. L. 85-585 effective on July 1, 1960, and amendment in part of subsecs. (a) and (b) and addition of subsec. (c) by Pub. L. 85-585 effective Aug. 1, 1958, see note set out under section 718b of this title.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 718a of this title.

CROSS REFERENCES

Funds appropriated pursuant to sections 715k-3 to 715k-5 of this title, to be added to, accounted and used for purposes of the migratory bird conservation fund established under this section, see section 715k-4 of this title.

Repayment of funds treated as an advance without interest to the migratory bird conservation fund, see section 715k-5 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715k-4, 718, 718a, 718c, 718e, 718f, 718g, 718h of this title; title 25 section 564w-1.

§ 718e. Offenses.

(a) No person to whom has been sold a migratory-bird hunting stamp, validated as provided in section 718a of this title, shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.

(b) No person shall alter, mutilate, imitate, or counterfeit any stamp authorized by section 718 to 718b, and 718c to 718h of this title, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving. (Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380.)

AMENDMENTS

1935-Act June 15, 1935, amended section generally. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718f, 718g, 718h of this title.