K. Operations of the Atomic Energy Commission on Federal lands re wildlife

Act of August 1, 1946 (60 Stat. 755), as amended (42 U.S.C. 2097)

SHORT TITLE

The Act of August 30, 1954, provided that this Act should be popularly known as the "Atomic Energy Act of 1954".

OPERATIONS OF LANDS BELONGING TO THE UNITED STATES

SEC. 67. The [Atomic Energy] Commission is authorized, to the extent it deems necessary to effectuate the provision of this Act, to issue leases or permits for prospecting for, exploration for, mining of, or removal of deposits of source material in the lands belonging to the United States: Provided, however, That notwithstanding any other provisions of law, such leases or permits may be issued for lands administered for national park, monument, and wildlife purposes only when the President by Executive Order declares that the requirements of the common defense and security make such action. necessary. (Aug. 1, 1946, ch. 724, § 67, as added Aug. 30, 1954, 9; 44 a.m. E.D.T. ch. 1073, § 1, 68 Stat. 934.)

363

L. Preservation of wild birds and disposition of dead game animals or game or song birds and importations

1. GAME AND WILD BIRDS PRESERVATION AND DISPOSITION (LACEY ACT, PART)

Act of May 25, 1900 (31 Stat. 187), as amended (16 U.S.C. 701 and 667e)

GAME AND WILD BIRDS PRESERVATION

SECTION 1. The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this section and section 5 of this Act, is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

The Secretary of the Interior shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds.

And the Secretary of the Interior shall make and publish all needful rules and regulations for carrying out the purposes of said sections, and shall expend for said purposes such sums as Congress may appropriate therefor. (May 25, 1900, c. 553, § 1, 31 Stat. 187; 1939 Reorg. Plan No. 11, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

HISTORICAL NOTE

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.

DEAD BODIES OF GAME ANIMALS OR GAME OR SONG BIRDS, SUBJECT TO LAWS

OF STATE

SEC. 5. All dead bodies, or parts thereof, of any foreign game animals, or game or song birds the importation of which is prohibited, or the dead bodies, or parts thereof, of any wild game animals or game or song birds transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. (May 25, 1900, c. 553. § 5, 31 Stat. 188.)

2. IMPORTATION OF EGGS OF GAME BIRDS

Act of June 3, 1902 (32 Stat. 285), as amended (16 U.S.C. 702)

IMPORTATION OF EGGS OF GAME BIRDS FOR PROPAGATION

The Secretary of the Interior shall have the power to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the importation of eggs of said birds for such purposes. (June 3, 1902, c. 983, 32 Stat. 285; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

CROSS REFERENCE

Exemption of eggs of game birds imported for propagating purposes from import duties, see section 1202 of Title 19, Customs Duties, U.S. Code.

365

M. Sharing of revenues derived from activities within the National Wildlife Refuge System with the local county governments

Act of June 15, 1935–Title IV (49 Stat. 383), as amended (16 U.S.C. 715s)

PARTICIPATION OF COUNTIES IN REVENUES FROM THE NATIONAL WILDLIFE REFUGE SYSTEM

SEC. 401. (a) 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, 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, wildlife ranges, game ranges, wildlife management areas, and waterfowl production areas established under any law, proclamation, Executive, or public land order.

(b) 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).

(c) 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 five-year 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) 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) 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 (16 U.S.C. 703-711).

(f) 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. 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 propagation purposes and for the advancement of knowledge and the dissemination of information relating to the conservation of wild.. life in accordance with such regulations as he may prescribe.

(g) Begining 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, c. 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, c. 654 § 2(13), 65 Stat. 707; Aug. 30, 1964, § 1, 78 Stat. 701.)

HISTORICAL NOTE

1964 Amendment.-This amendment revised section 401 substantially. The principal purpose was to revise the payment formula on a more equitable basis.