shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General, but the acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, and reservations which from their nature will in the opinion of the Secretary of the Interior in no manner interfere with the use of the areas so encumbered for the purposes of said Act, but such rights-of-way, easements, and reservations retained by the grantor or lessor from whom the United States receives title under said sections or any other Act for the acquisition by the Secretary of the Interior of areas for wildlife refuges shall be subject to rules and regulations prescribed by the Secretary of the Interior for the occupation, use, operation, protection, and administration of such areas as inviolate sanctuaries for migratory birds or as refuges for wildlife; and it shall be expressed in the deed or lease that the use, occupation, and operation of such rights-of-way, easements, and reservations shall be subordinate to and subject to such rules and regulations as are set out in such deed or lease or, if deemed necessary by the Secretary of the Interior, to such rules and regulations as may be prescribed by him from time to time. (Feb. 18, 1929, c. 257, § 6, 45 Stat. 1223; June 15, 1935, c. 261, Title III, § 301, 49 Stat. 381; 1939 Reorg.Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) HISTORICAL NOTE 1935 Amendment.-Act June 15, 1935, inserted the words "under said sections or any other Act for the acquisition by the Secretary of Agriculture [the Interior] of areas for wildlife refuges"; inserted the words "or as refuges for wildlife"; and added, at the end of section, clause beginning with the words "as are set out in such deed or lease or, if deemed necessary", etc. CONSENT OF STATE TO CONVEYANCE SEC. 7. No deed or instrument of conveyance shall be accepted by the Secretary of the Interior under this Act unless the State in which the area lies shall have consented by law to the acquisition by the United States of lands in that State. (Feb. 18, 1929, c. 257, § 7, 45 Stat. 1223; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) JURISDICTION OF STATE OVER AREAS ACQUIRED SEC. 8. The jurisdiction of the State, both civil and criminal, over persons upon areas acquired under this Act shall not be affected or changed by reason of their acquisition and administration by the United States as migratory-bird reservations, except so far as the punishment of offenses against the United States is concerned. (Feb. 18, 1929, c. 257, § 8, 45 Stat. 1224.) OPERATION OF STATE GAME LAWS SEC. 9. Nothing in this Act is intended to interfere with the operation of the game laws of the several States applying to migratory game birds insofar as they do not permit what is forbidden by Federal law. (Feb. 18, 1929, c. 257, § 9, 45 Stat. 1224.) PROHIBITED ACTS ON AREAS ACQUIRED SEC. 10. No person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, dam, dike embankment, flume, spillway, or other improvement or property of the United States on any area acquired under this Act, or cut, burn, or destroy any timber, grass, or other natural growth, on said area or on any area of the United States which heretofore has been or which hereafter may be set apart or reserved for the use of the Department of the Interior as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law, proclamation, or Executive order, or occupy or use any part thereof, or enter thereon for any purpose, except in accordance with regulations of the Secretary of the Interior; nor shall any person take any bird, or nest or egg thereof on any area acquired under this Act, except for scientific or propagating purposes under permit of the Secretary of the Interior; but nothing in this Act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this Act for the purpose of fishing in accordance with the law of the State in which such area is located: Provided, That such person complies with the regulations of the Secretary of the Interior covering such area. (Feb. 18, 1929, c. 257, § 10, 45 Stat. 1224; 1939 Reorg. Plan No. II, 84(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) MIGRATORY BIRDS DEFINED SEC. 11. For the purposes of this Act, migratory birds are those defined as such by the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916. (Feb. 18, 1929, c. 257, § 11, 45 Stat. 1224.) APPROPRIATIONS; DISPOSAL SEC. 12. For the acquisition, including the location, examination, and survey, of suitable areas of land, water, or land and water, for use as migratory bird reservations, and necessary expenses incident thereto, and for the administration, maintenance, and development of such areas and other preserves, reservations, or breeding grounds frequented by migratory game birds and under the administration of the Secretary of the Interior, including the construction of dams, dikes, ditches, flumes, spillways, buildings, and other necessary improvements, and for the elimination of the loss of migratory birds from alkali poisoning, oil pollution of waters, or other causes, for cooperation with local authorities in wildlife conservation, for investigations and publications relating to North American birds, for personal services, printing, engraving, and issuance of circulars, posters, and other necessary matter and for the enforcement of the provisions of this Act, there are authorized to be appropriated, in addition to all other amounts authorized by law to be appropriated, $200,000 for the fiscal year ending June 30, 1940, and for each fiscal year thereafter. No part of any appropriation authorized by this section shall be used for payment of the salary, compensation, or expenses of any United States game protector, except reservation protectors for the adminis The tration, maintenance, and protection of such reservations and the birds thereon: Provided, That reservation protectors appointed under the provisions of this Act, shall be selected, when practicable, from qualified citizens of the State in which they are to be employed. Secretary of the Interior is authorized and directed to make such expenditures and to employ such means, including personal services in the District of Columbia and elsewhere, as may be necessary to carry out the foregoing objects. (Feb. 18, 1929, c. 257, § 12, 45 Stat. 1224; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXECUTION OF PROVISIONS; COMMISSIONERS AND EMPLOYEES OF DEPARTMENT OF THE INTERIOR SEC. 13. That for the efficient execution of this Act, the judges of the several courts established under the laws of the United States, United States commissioners, and persons appointed by the Secretary of the Interior to enforce this Act, shall have, with respect thereto, like powers and duties as are conferred by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the United States Code) upon said judges, commissioners, and employees of the Department of the Interior appointed to enforce the Act last aforesaid. Any bird, or part, nest or egg thereof, taken or possessed contrary to this Act, when seized shall be disposed of as provided by section 5 of said Migratory Bird Treaty Act. (Feb. 18, 1929, c. 257, § 13, 45 Stat. 1224; Reorg. Plan No. II, § 4(f) eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) VIOLATIONS OF PROVISIONS; PENALTY SEC. 14. Any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $500, or be imprisoned not more than six months, or both. (Feb. 18, 1929, c. 257, § 14, 45 Stat. 1225.) WORD "TAKE" DEFINED SEC. 15. That for the purposes of this Act 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. NATIONAL FOREST AND POWER SITES; USE SEC. 16. Nothing in this Act shall be construed as authorizing or empowering the Migratory Bird Conservation Commission created herein, 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 this Act, except by and with the consent of the legislature of the State wherein such forest or power site is located. (Feb. 18, 1929, c. 257, § 16, 45 Stat. 1225; 1939 Reorg. Plan No. 11, § 4(f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) COOPERATION OF STATE IN ENFORCEMENT SEC. 17. When any State shall, by suitable legislation, make provisions adequately to enforce the provisions of this Áct 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, c. 257, § 17, 45 Stat. 1225; 1939 Řeorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXPENSES OF COMMISSION; APPROPRIATION SEC. 18. 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. (As amended Oct. 15, 1962, Pub. L. 87-812, 76 Stat. 922.) HISTORICAL NOTE 1962 Amendment.-Public Law 87-812 increased the annual expenditures from not more than $5,000 to not more than $7,500. PARTIAL INVALIDITY; VALIDITY OF REMAINDER SEC. 19. That if any provision of this Act or the application thereof to any person or circumstance is held invalid the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. EFFECTIVE ON APPROVAL SEC. 20. That this Act shall take effect upon its passage and approval. 5. EXCHANGE AUTHORITY FOR WILDLIFE REFUGES Act of June 15, 1935-Title III (49 Stat. 381), as amended (16 U.S.C. 715d-1, 715d-2, and 715e-1) * * * * * * ACCEPTANCE OF LAND IN EXCHANGE FOR OTHER LAND OR TIMBER RIGHTS SEC. 302. When the public interests will be benefited thereby the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States title to any land which he deems chiefly valuable for wildlife refuges, and in exchange therefor to convey by deed on behalf of the United States an equal value of lands acquired by him for like purposes, or he may authorize the grantor to cut and remove from such lands an equal value of timber, hay, or other products, or to otherwise use said lands, when compatible with the protection of the wildlife thereon, the values in each case to be determined by said Secretary. Timber or other products so granted shall be cut and removed, and other uses exercised, under the laws and regulations applicable to such refuges and under the direction of the Secretary of the Interior and under such supervision and restrictions as he may prescribe. Any lands acquired by the Secretary of the Interior under the terms of this section shall immediately become a part of the refuge or reservation of which the lands, timber, and other products or uses given in exchange were or are a part and shall be administered under the laws and regulations applicable to such refuge or reservation. June 15, 1935, c. 261, Title III, § 302, 49 Stat. 382; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) ACCEPTANCE OF LAND IN EXCHANGE FOR PATENT TO NONMINERAL PUBLIC LAND SEC. 303. When the public interests will be benefited thereby the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States title to any lands which, in the opinion of the Secretary of the Interior, are chiefly valuable for migratory bird or other wildlife refuges, and in exchange therefor may patent not to exceed an equal value of surveyed or unsurveyed, unappropriated, and unreserved nonmineral public lands of the United States in the same State, the value in each case to be determined by the Secretary of the Interior. Before any such exchange is effected notice thereof, reciting the lands involved, shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands proposed to be granted by the United States in such exchange. Lands conveyed to the United States under this section shall be held and administered by the Secretary of the Interior under the terms of section 10 of the Migratory Bird Conservation Act, as amended, and all the provisions of said section are hereby extended to and shall be applicable to the lands so acquired. |