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, and (b) to such extent as the Secretary of the Interior may by regulations prescribe, as a refuge and breeding place for other wild birds, game animals, fur-bearing animals, and for the conservation of wild flowers and aquatic plants, (c) to such extent as the Secretary of the Interior may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. CONSENT OF STATES TO ACQUISITION; EXISTING RIGHTS-OF-WAY, EASEMENTS SEC. 4. (a) Such area shall not be acquired by the Secretary of the Interior until the legislature of each State in which is situated any part of the areas to be acquired under this Act has consented to the acquisition of such part by the United States for the purposes therein stated, and, except in the case of a lease, no payment shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General and is vested in the United States. (b) 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 for which acquired, 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. (June 7, 1924, c. 346, § 4, 43 Stat. 650; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) REGULATIONS OF THE SECRETARY OF THE INTERIOR SEC. 5. Except where it is specifically provided otherwise, the Secretary of the Interior shall prescribe such regulations, exercise such functions, and perform such duties as may be necessary to carry out the purposes of this Act. (June 7, 1924, c. 346 § 5, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) ACTS PROHIBITED IN REFUGE SEC. 6. No person shall, except in accordance with regulations prescribed by the Secretary of the Interior in respect of wild birds, game animals, fur-bearing animals, wild flowers, and aquatic plants, or in respect of fish and other aquatic-animal life— (a) Enter the refuge for any purpose; or (b) Disturb, injure, kill, or remove, or attempt to disturb, injure, kill, or remove any wild bird, game animal fur-bearing animal, fish, or other aquatic-animal life, on the refuge; or (c) Remove from the refuge, or injure or destroy thereon any flower, plant, tree, or other natural growth, or the nest or egg of any wild bird; or (d) Injure or destroy any notice, sign board, fence, building, or other property of the United States thereon. (June 7, 1924, c. 346, § 6, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) COMMERCIAL FISHING SEC. 7. Commercial fishing may be conducted in the waters of this refuge under regulation by the Secretary of the Interior. POWERS OF EMPLOYEES OF DEPARTMENT OF THE INTERIOR; SEARCHES AND SEIZURES SEC. 8. 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 to this Act, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, (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 this Act or regulations made pursuant thereto, and (3) shall have authority, with a search warrant issued by an officer or court of competent jurisdiction to make a search in accordance with the terms of such warrant. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (b) All birds, animals, fish, or parts thereof captured, injured, or killed, and all flowers, plants, trees, and other natural growths, and nests and eggs of birds removed, and all implements or paraphernalia, including guns, fishing equipment, and boats used or attempted to be used contrary to the provisions of this Act or any regulations made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of the Interior may by regulation prescribe. (c) A report of the seizure shall be made to the United States attorney for the judicial district in which the seizure is made, for forfeiture either (1) upon conviction of the offender under section 11, or (2) by proceedings by libel in rem. Such libel proceedings shall conform as near as may be to civil suits in admiralty, except that either party may demand trial by jury upon any issue of fact when the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as the finding of the court upon the facts. Libel proceedings shall be at the suit and in the name of the United States. If such forfeiture proceedings are not instituted within a reasonable time, the United States attorney shall give notice thereof, and the custodian shall thereupon release the articles seized. (June 7, 1924, c. 346, § 8, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4 (e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXPENDITURES SEC. 9. The Secretary of the Interior is authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including expenditures for personal services at the seat of government and elsewhere, as may be necessary to execute the functions imposed upon him by this Act and as may be provided for by Congress from time to time. (June 7, 1924, c. 346, § 9 43 Stat. 652; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) APPROPRIATION AUTHORIZATION; PRICE PER ACRE SEC. 10. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and to be available until expended, the sum of $1,500,000, or so much thereof as may be necessary for the acquisition of any areas authorized by this Act to be acquired for such refuge and for all necessary expense incident to the acquisition of such areas: Provided, That the Secretary of the Interior shall not pay for any land or land and water a price which shall exceed an average cost of $10 per acre: Provided further, That this provision shall not apply to any land or land and water heretofore acquired or contracted for under the provisions of this Act. HISTORICAL NOTE Act Mar. 4, 1925, substituted proviso which read: "Provided, That the Secretary of Agriculture shall not pay for any land or land and water a price which when added to the price of land or land and water theretofore purchased, shall exceed an average cost of $5 per acre" for provision which read: "but no money shall be available for the acquisition of any area until the Secretary of Agriculture has ascertained that all of the areas to be acquired under this Act will be acquired within the amounts appropriated or authorized to be appropriated therefor and at an average price not in excess of $5 per acre, and not in excess of the average selling price, during the years 1921, 1922, and 1923, of comparable lands within the vicinity of such areas." In both the original section and Act Mar. 4, 1925, the language was preceded by an appropriation of $1,500,000 for the acquisition of the areas authorized to be acquired. 1928 Amendment.-Prior to the amendment of section by Act May 12, 1928, this section read: "For the acquisition of any areas authorized by section 2 of this Act, the Secretary of Agriculture shall not pay for any land or land and water a price which when added to the price of land or land and water theretofore purchased, shall exceed an average cost of $5 per acre." Act May 12, 1928, read as follows: "There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and to be available until expended, the sum of $1,500,000, or so much thereof as may be necessary for the acquisition of any areas authorized by this Act to be acquired for such refuge and for all necessary expense incident to the acquisition of such areas: Provided That," [and then followed the provision set out in the text.]. VIOLATIONS; PUNISHMENT SEC. 11. Any person who shall violate or fail to comply with any provision of or any regulation made pursuant to this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both. (June 7, 1924, c. 346, § 11, 43 Stat. 652.) DEFINITIONS SEC. 12. As used in this Act the term "person" includes an individual, partnership, association, or corporation. EFFECT ON OTHER LAWS SEC. 13. Nothing in this Act shall be construed as exempting any portion of the Mississippi River from the provisions of Federal laws for the improvement, preservation, and protection of navigable waters, nor as authorizing any interference with the operations of the Department of the Army in carrying out any project now or hereafter adopted for the improvement of said river. (June 7, 1924, c. 346, § 13, 43 Stat. 652.) HISTORICAL NOTE The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of Act July 26, 1947, c. 343, Title II, 61 Stat. 501. Section 205 (a) of Act July 26, 1947, was repealed by section 53 of Act Aug. 10, 1956, c. 1041, 70A Stat. 641. Section 1 of Act Aug. 10, 1956, enacted "Title 10, Armed Forces", U.S. Code, which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. (2) Additional lands Act of April 10, 1928 (45 Stat. 420) ACCEPTANCE OF GIFT OF LANDS IN IOWA AS PART OF THE UPPER MISSISSIPPI RIVER WILD LIFE AND FISH REFUGE The Secretary of Agriculture be, and hereby is, authorized to accept on behalf of the United States from James B. Munn, of New York City, New York, a gift of certain lands in Clayton County, Iowa, described as Government lot 1, section 23, township 94 north, range 3 west, fifth principal meridian, fifty-eight and fifty one-hundredths acres; north half Government lot 2, section 23, township 94 north, range 3 west, fifth principal meridian, twenty-four and thirty onehundredths acres; part of Government lot 1, section 11, township 94 north, range 3 west, fifth principal meridian, eleven acres; Government lot 4, section 11, township 94 north, range 3 west, fifth principal meridian, forty-five and forty-five one-hundredths acres; Government lot 3, section 35, township 95 north, range 3 west, fifth principal meridian, sixty-eight and forty one-hundredths acres; Government lot 4 section 35, township 95 north, range 3 west, fifth principal meridian, thirty-five acres; south part Government lot 2, section 35, township 95 north, range 3 west, fifth principal meridian, twenty-eight acres; part of north half, section 27, township 95 north, range 3 west, fifth principal meridian, one hundred and thirty-six and seventy-six one hundredths acres; part of southwest quarter, section 22, township 95 north, range 3 west, fifth principal meridian, forty-nine acres; part of east half, section 22, township 95 north, range 3 west, fifth principal meridian, thirty-one and fifty-nine one-hundredths acres. Total area, four hundred and eighty-eight acres, including all the buildings and improvements thereon and all rights, easements, and appurtenances thereunto appertaining; and upon acceptance of said lands by the Secretary of Agriculture they shall become a part of the upper Mississippi River wild life and fish refuge established pursuant to the authority contained in the Upper Mississippi River Wild Life and Fish Refuge Act approved June 7, 1924. HISTORICAL NOTE Administration of refuge transferred to Secretary of the Act of June 13, 1944 (58 Stat. 274) ADDITION OF LANDS-UPPER MISSISSIPPI RIVER WILDLIFE AND FISH REFUGE SECTION 1. The Secretary of the Interior be, and he is hereby, authorized to acquire, for and as part of the Upper Mississippi River Wild Life and Fish Refuge, established pursuant to the authority contained in the Act of June 7, 1924 (43 Stat. 650), as amended, those tracts of land situated in Wabasha County, Minnesota, described as lots 6 and 10, section 19, township 110 north, range 9 west, fifth principal meridian, containing approximately one hundred and ten and twenty-four one-hundredths acres, which tracts of land were acquired pursuant to authority contained in the Acts of June 29, 1888 (25 Stat. 228), and March 2, 1889 (25 Stat. 992), for Indian use, but are no longer used by Indians. TRANSFER OF FUNDS SEC. 2. In order to carry out the provisions of section 1 hereof, the sum of $1,261.20 from funds heretofore made available to the Fish and Wildlife Service for the purchase of lands for the Upper Mississippi River Wild Life and Fish Refuge is hereby made available for transfer on the books of the Treasury of the United States to the credit of the Medawakanton and Wahpakoota Bands of Sioux Indians, pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560), and said sum, when so transferred, shall operate as a full, complete, and perfect extinguishment of all their right, title, and interest in and to the lands above described, and shall be subject to disbursement under the direction of the Secretary of the Interior, for the benefit of the Medawakanton and Wahpakoota Bands of Sioux Indians. Where groups of such Indians are organized as tribes under the Act of June 18, 1934 (48 Stat. 984), the Secretary of the Interior may set apart and disburse for their benefit and upon their request a proportionate part of said sum, based on the number of such Indians so organized. |