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PAYMENT OF FUNDS TO AND COOPERATION WITH PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS

SEC. 8(a). The Secretary of the Interior is authorized to cooperate with the Commissioner of Agriculture and Commerce of Puerto Rico, the Governor of Guam, and the Governor of the Virgin Islands, in the conduct of wildlife-restoration projects, as defined in section 2 of this Act, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to Puerto Rico, Guam, and the Virgin Islands, out of money available for apportionment under this Act, such sum as he shall determine, not exceeding $10,000 each for Puerto Rico, Guam, and the Virgin Islands, in any one year, which apportionments, when made, shall be deducted before making the apportionments to the States provided for by this Act; but the Secretary shall in no event require any of said cooperating agencies to pay an amount which will exceed 25 per centum of the cost of any project. Any unexpended or unobligated balance of any apportionment made pursuant to this section shall be available for expenditure in Puerto Rico, Guam, or the Virgin Islands, as the case may be, in the succeeding year, on any approved project, and if unexpended or unobligated at the end of such year is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of the Migratory Bird Conservation Act. (Sept. 2, 1937, c. 899, § 8 (a), as added Aug. 18, 1941, c. 367, 55 Stat. 632, and amended Aug. 3, 1950, c. 523, 64 Stat. 399; July 2, 1956, c. 489, § 2, 70 Stat. 473; Aug. 1, 1956, c. 852, § 7, 70 Stat. 908; June 25, 1959, Pub. L. 86–70, § 15, 73 Stat. 143.)

HISTORICAL NOTE

1959 Amendment.-Pub. L. 86-70 amended section to eliminate provisions which authorized cooperation with the Alaska Game Commission and permitted apportionment of not more than $75,000 in any one year to the Territory of Alaska.

1956 Amendment.-Act Aug. 1, 1956, amended section by inserting "the Governor of Guam" following "Commissioner of Agriculture and Commerce of Puerto Rico," and by inserting the word "Guam" following the words "Puerto Rico" where they appeared in the three remaining places.

Act July 2, 1956, amended section to eliminate provisions which authorized the Secretary to cooperate with the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, to remove the limitation of $25,000 on the amount of funds which could be apportioned to Hawaii in any one year, and to substitute "Territory of Alaska" for "Territories" in two instances.

1950 Amendment.-Act Aug. 3, 1950, amended section by in creasing the funds allocated annually to Alaska and Hawaii from $25,000 and $10,000, respectively to $75,000 and $25,000. Increase of Annual Apportionments.-Act May 19, 1956, c. 313, ch. VÍ, § 601, 70 Stat. 169, authorized increase of not more than 20 percent in annual apportionments.

41-802-65——17

EMPLOYMENT OF PERSONNEL

SEC. 9. Out of the deductions set aside for administering and executing this Act and the Migratory Bird Conservation Act, the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the Civil Service; to rent or construct buildings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this Act. (Sept. 2, 1937, c. 899, § 9, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

RULES AND REGULATIONS

SEC. 10. The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act. (Sept. 2, 1937, c. 899, § 10, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

HISTORICAL NOTE

Section 11 of the Act directed the Secretary of Agriculture to make an annual report to the Congress of the sum set apart in "The Federal aid to wildlife restoration fund", giving detailed information as to the projects and expenditures therefor. This section was later repealed by the Act of August 7, 1946 (60 Stat. 867).

The General Appropriation Act of 1951 provides a permanent indefinite appropriation as follows:

"For carrying out the provisions of the Act of September 2, 1937, as amended (16 U.S.C. 669-669j), amounts equal to the sums credited during the next preceding fiscal year and each fiscal year thereafter to the special fund created by said act.” (Sept. 6, 1950, 64 Stat. 693.)

2. APPROPRIATION OF ACCUMULATED UNAPPROPRIATED RECEIPTS IN THE FEDERAL AID TO WILDLIFE RESTORATION FUND

Act of August 12, 1955 (69 Stat. 698; 16 U.S.C. 669b-1)

APPROPRIATION OF ACCUMULATED UNAPPROPRIATED RECEIPTS

SECTION 1. There is hereby authorized to be appropriated, out of the Federal aid to wildlife restoration fund established by the Act entitled "An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes", approved September 2, 1937, as amended (16 U.S.C., secs. 669–6691), for the 1956 fiscal year and for each fiscal year thereafter, an amount equal to 20 per centum of the accumulated unappropriated receipts in such fund on the date of enactment of this Act, until the accumulated unappropriated receipts in such fund on such date have been appropriated and expended. Funds appropriated under the authority of this section shall be made available to the States in accordance with the provisions of, and under the apportionment formula set forth in, such Act of September 2, 1937, and shall be in addition to the funds appropriated under section 3 of such Act.

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C. Special Acts re wildlife refuges and ranges administered by the Secretary of the Interior

1. REFUGES

(a) BEAR RIVER MIGRATORY BIRD REFUGE

Act of April 23, 1928 (45 Stat. 448), as amended (16 U.S.C. 690-690i)

TABLE OF CONTENTS

Sec. 1. Establishment; acquisition of lands.

Sec. 2. Maintenance as refuge and breeding place for migratory birds.
Sec. 3. Consent of Utah to acquisition; approval of title.

Sec. 4. Existence of easements, reservations, or exceptions as barring acquisition of lands.

Sec. 5. Injuries to property; disturbance of birds; violations.

Sec. 6. Enforcement; forfeiture of property captured, injured, killed, or removed.

Sec. 7. Expenditures by Secretary of the Interior for construction, maintenance.
Sec. 8. Appropriation authorization.

Sec. 9. Violations of laws and regulations; penalties.
Sec. 10. "Person" defined.

ESTABLISHMENT; ACQUISITION OF LANDS

SECTION 1. The Secretary of the Interior is authorized to construct, at Bear River Bay and vicinity, Utah, such dikes, ditches, spillways, buildings, and improvements as may be necessary, in his judgment, for the establishment of a suitable refuge and feeding and breeding grounds for migratory wild fowl; also to acquire, by purchase, gift, or lease, water rights and privately owned lands, including the improvements thereon, deemed necessary by him for the purpose, or, in lieu of purchase, to compensate any owner for any damage sustained by reason of the submergence of his lands. (Apr. 23, 1928, c. 413, 81, 45 Stat. 448; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

MAINTENANCE AS REFUGE AND BREEDING PLACE FOR MIGRATORY BIRDS

SEC. 2. Such lands, when acquired in accordance with the provisions of this Act, together with such lands of the United States as may be designated for the purpose by proclamations or Executive orders of the President, shall constitute the Bear River Migratory Bird Refuge and shall be maintained as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916. (Apr. 28, 1928, c. 413, § 2, 45 Stat. 448.)

CONSENT OF UTAH TO ACQUISITION; APPROVAL OF TITLE

SEC. 3. No such area shall be acquired by the Secretary of the Interior unless or until the Legislature of the State of Utah has con

sented to the acquisition of lands by the United States for use as a refuge for migratory wild fowl, and shall have provided for the use as a refuge for migratory wild fowl by the United States of any lands owned or controlled by the State in Bear River Bay, Utah, and vicinity, which the Secretary of the Interior may deem necessary for such purpose, and which the Secretary of the Interior is authorized to accept on behalf of the United States; and, except in the case of a lease, no payments shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General. Apr. 23, 1928, c. 413, § 3, 45 Stat. 449; 1939 Reorg. Plan. No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

EXISTENCE OF EASEMENTS, RESERVATIONS, OR EXCEPTIONS AS BARRING ACQUISITION OF LANDS

SEC. 4. The existence of a right-of-way easement or other reservation or exception in respect of such area shall not be a bar to its acquisition (1) if the Secretary of the Interior determines that any such reservation or exception will in no manner interfere with the use of the area for the purposes of this Act, or (2) if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area, in favor of the person from whom the United States receives title, shall be subject to regulations prescribed under authority of this Act. (Apr. 23, 1928, c. 413, § 4, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

INJURIES TO PROPERTY; DISTURBANCE OF BIRDS; VIOLATIONS

SEC. 5. No person shall take, injure, or disturb any bird, or nest or egg thereof, or injure or destroy any notice, signboard, fence, dike, ditch, dam, spillway, improvement, or other property of the United States on any area acquired or received under this Act, or remove therefrom or cut, burn, injure, or destroy any grass or other natural growth thereon, or enter, use, or occupy the refuge for any purpose, except in accordance with regulations prescribed by the Secretary of the Interior: Provided, That at no time shall less than 60 per centum of the total acreage of the said refuge be maintained as an inviolate sanctuary for such migratory birds. (Apr. 23, 1928, c. 413, § 5, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

ENFORCEMENT; FORFEITURE OF PROPERTY CAPTURED, INJURED, KILLED

OR REMOVED

SEC. 6. (a) Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this Act (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or of any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said section or regulations made pursuant thereto. Any judge of a court established under the laws of the

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