16 U.S.C. § 715d

Purchase or rental of approved areas or interests therein; gifts and devises; United States lands

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The Secretary of the Interior may—(1) purchase or rent such areas or interests therein as have been approved for purchase or rental by the Commission at the price or prices fixed by the Commission; and(2) acquire, by gift or devise, any area or interests therein;which he determines to be suitable for use as an inviolate sanctuary, or for any other management purpose, for migratory birds. The Secretary may pay, when deemed necessary by him and from moneys authorized to be appropriated for the purposes of this subchapter (A) the purchase or rental price of any such area or interest therein, and (B) the expenses incident to the location, examination, survey, and acquisition of title (including options) of any such area or interest therein. No lands acquired, held, or used by the United States for military purposes shall be subject to any provisions of this subchapter.(Feb. 18, 1929, ch. 257, § 5, 45 Stat. 1223; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 95–616, § 5(a), Nov. 8, 1978, 92 Stat. 3113.)Editorial NotesAmendments

1978—Pub. L. 95–616 incorporated existing provisions in pars. (1) and (2) and cls. (A) and (B), made provisions applicable to interests in approved areas, and inserted authority for purchase or acquisition for other management purposes.

Executive DocumentsTransfer of Functions

Transfer of functions of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note set out under section 715a of this title.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1964–2024 · leading case: North Dakota v. United States, 460 U.S. 300 (1983).
North Dakota v. United States, 460 U.S. 300 (1983). · cites it 2× “See 16 U. S. C. § 715d (1976 ed., Supp. V). [2] The authorization loan limit was increased to $200 million by § 2(a) of the Wetlands Loan Extension Act of 1976, 90 Stat.”
The Swan Lake Hunting Club & the State of Mississippi v. United States, 381 F.2d 238 (5th Cir. 1967). · cites it 2× “5928 applies only to the acquisition of land for purposes of an inviolate refuge as originally contemplated by the Migratory Bird Conservation Act, hence there has been no consent as required by 16 U.S.C.A. § 715d to this project which is not an inviolate refuge.”
United States v. Kerry Johansen, Michael Johansen, 93 F.3d 459 (8th Cir. 1996). “16 U.S.C. § 715d. Acquisition was made subject to the consent of the state in which the land was located.”
United States v. Hunting Rights of the Swan Lake Hunting Club, 237 F. Supp. 290 (N.D. Miss. 1964). “The Migratory Bird Conservation Act, in its original form authorized acquisitions such as these only “for use as inviolate sanctuaries” (16 U.S.C. § 715d). It further provided that no such acquisition could be made “unless the State in which the area lies shall have consented by…”
Defenders of Wildlife v. US Fish & Wildlife Serv. (D.S.C. 2021). “” 16 U.S.C. § 715d. Pursuant to the Refuge Improvement Act, 1 In its motion, the State also asserts that it is a required party pursuant to Rule 19 of the Federal Rules of Civil Procedure, but the Court finds the State’s reliance on Rule 19 misplaced, as the State is not…”
State of South Carolina v. Haaland (D.S.C. 2024). “” 16 U.S.C. § 715d. Pursuant to the Refuge Improvement Act, Cape Romain is now administered by the Secretary of the Interior and the Service as part of the National Wildlife Refuge System.”
State of South Carolina v. Haaland (D.S.C. 2024). “” 16 U.S.C. §715d. Pursuant to the Refuge Improvement Act, Cape Romain is now administered by the Secretary of the Interior and the Service as part of the National Wildlife Refuge System.”
United States v. Kerry Johansen (8th Cir. 1996). “16 U.S.C. § 715d. Acquisition was made subject to the consent of the state in which the land was located.”
Bunch v. Hodel, 642 F. Supp. 363 (W.D. Tenn. 1985). “The record reflects that the Department of the Interior, pursuant to the Migratory Bird Conservation Act, was authorized to purchase or rent land for use as involate sanctuaries for migratory birds 16 U.S.C. § 715d. On August 28, 1941, the State of Tennessee and the Department…”
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