-CITE-
16 USC Sec. 715s 01/05/99

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER III - MIGRATORY BIRD CONSERVATION

-HEAD-
Sec. 715s. Participation of local governments in revenue from areas
administered by the United States Fish and Wildlife Service

-STATUTE-
(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,
(FOOTNOTE 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.
(FOOTNOTE 1) So in original. Probably should be ''carcasses,''.
(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.

-SOURCE-
(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.)

-REFTEXT-
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.

-COD-
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.

-MISC3-
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.

-TRANS-
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, Sec. 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.

-MISC5-
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.''

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 666g, 1535 of this title;
title 31 sections 6901, 6903.