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U.S. Code as of:
01/19/04
Section 715s. Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service
(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,(!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.
(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.
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