2. RANGE (a) NATIONAL BISON RANGE Act of May 23, 1908 (35 Stat. 267), as amended (16 U.S.C. 671) NATIONAL BISON RANGE There is reserved and excepted from the unallotted lands now embraced within the Flathead Indian Reservation, in the State of Montana, a parcel not to exceed twenty thousand acres of said lands, near the confluence of the Pend d'Oreille and Jocko Rivers, for a permanent National Bison Range for the herd of bison presented by the American Bison Society. The Secretary of the Interior is authorized and directed to inclose said lands with a good and substantial fence and to erect thereon the necessary sheds and buildings for the proper care and maintenance of the said bison. (May 23, 1908, c. 192, 35 Stat. 267; Mar. 4, 1909, c. 301, 35 Stat. 1051; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) HISTORICAL NOTE Act May 23, 1908, authorized the president to reserve and except 12,800 acres, only, for the purposes of the section. The Act also made an appropriation to enable the Secretary of the Interior to pay the confederated tribes of the Flathead, Kootenai, and Upper Pend d'Oreille, and such other Indians as rightfully belonged on the reservation, the appraised value of the lands which provision was omitted as temporary and executed. Act Mar. 4, 1909, directed the President to reserve and except a sufficient area to enlarge the range to not to exceed 20,000 acres. Transfer of Functions. Functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds were transferred to the Secretary of the Interior by 1939 Reorg. Plan No. II, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees, U.S. Čode. 278 (b) LAWS RELATED TO NATIONAL BISON RANGE Act of August 12, 1958 (72 Stat. 561) MONTANA NATIONAL BISON RANGE SECTION 1. In order to provide adequate pasture for the display of bison in their natural habitat at a location readily available to the public, the Secretary of the Interior is authorized to procure title, in such manner as he shall consider to be in the public interest, including but not limited to, donation and the use of donated funds, not to exceed four hundred acres of land in Lake County, Montana, as he shall find to be suitable for development of a display pasture for a part of the bison herd on the Montana National Bison Range. The property so acquired shall be administered by the Secretary of the Interior as a part of the Montana National Bison Range. SAFE TITLE SEC. 2. In furtherance of the aforesaid purposes, the Secretary may take such action and make such expenditures as he shall find to be necessary in order to secure satisfactory title in the United States to such properties, including the payment of expenses incidental to the location, examination, and survey of such lands and the acquisition of title thereto; but no payment shall be made for any such lands until the title thereto shall be satisfactory to the Attorney General: Provided, That the acquisition of such lands or interests therein by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which, in the opinion of the Secretary of the Interior, will not interfere materially with the use of such properties for the purposes of this Act. 279 D. Specific authorities relating to the conservation of migratory birds 1. ACQUISITION FOR MANAGEMENT AND CONTROL OF WATERFOWL IN CALIFORNIA (LEA ACT LANDS) Act of May 18, 1948 (62 Stat. 238; 16 U.S.C. 695-695c) TABLE OF CONTENTS Sec. 1. Migratory waterfowl and other wildlife in California; participation by State. Sec. 2. Title in United States; existence of easements, reservations; affecting acquisition. Sec. 3. Applicability of Migratory Bird Conservation Act. MIGRATORY WATERFOWL AND OTHER WILDLIFE REFUGE IN CALIFORNIA; PARTICIPATION BY STATE SECTION 1. The Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable locations in the State of California, for the management and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appropriated under this authority for the acquisition of lands shall be expended for such purposes unless and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior. (May 18, 1948, č. 303, § 1, 62 Stat. 238.) TITLE IN UNITED STATES; EXISTENCE OF EASEMENTS, RESERVATIONS AFFECTING ACQUISITION SEC. 2. The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under this Act, including purchase of options when deemed necessary, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, 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 this Act. (May 18, 1948, c. 303, § 2, 62 Stat. 238.) APPLICABILITY OF MIGRATORY BIRD CONSERVATION ACT SEC. 3. Sections 8, 9, 10, 13, 14, and 15 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U.S.C. 715), as amended, are hereby made applicable for the purposes of this Act in the same manner and to the same extent as though they were enacted as part of this Act, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in section 10 of the Migratory Bird Conservation Act, and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of this Act subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 (49 Stat. 1555; 16 U.S.C. 703-711), as amended. (May 18, 1948, c. 363, § 3, 62 Stat. 239.) AVAILABILITY OF FUNDS FOR CONSTRUCTION SEC. 4. Funds made available under this Act or any other Act for the administration, maintenance, and development of any areas acquired under said sections, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. (May 18, 1948, c. 303, § 4, 62 Stat. 239.) 2. TULE LAKE-KLAMATH REFUGES, CALIFORNIA-OREGON Act of September 2, 1964 (78 Stat. 850; 16 U.S.C. 695k-695r) TABLE OF CONTENTS Sec. 1. Wildlife resources in Pacific flyway; Congressional policy thereon. Sec. 3. Revenues; payments. Sec. 4. Agricultural use of certain lands. Sec. 5. Maintenance of sumps. Sec. 6. Sump levels. Sec. 7. Studies. Sec. 8. Regulations. WILDLIFE RESOURCES IN PACIFIC FLYWAY; CONGRESSIONAL POLICY THEREON SECTION 1. It is hereby declared to be the policy of the Congress to stabilize the ownership of the land in the Klamath Federal reclamation project, Oregon and California, as well as the administration and management of the Klamath Federal reclamation project and the Tule Lake National Wildlife Refuge, Lower Klamath National Wildlife Refuge, Upper Klamath National Wildlife Refuge, and Clear Lake National Wildlife Refuge, to preserve intact the necessary existing habitat for migratory waterfowl in this vital area of the Pacific flyway, and to prevent depredations of migratory waterfowl on agricultural crops in the Pacific Coast States. ADMINISTRATION OF REFUGE LANDS; HOMESTEADING PROHIBITED SEC. 2. Notwithstanding any other provisions of law, all lands owned by the United States lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge, the Lower Klamath National Wildlife Refuge, the Upper Klamath National Wildlife Refuge, and the Clear Lake Wildlife Refuge are hereby dedicated to wildlife conservation. Such lands shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith. Such lands shall not be opened to homestead entry. The following public lands shall also be included within the boundaries of the area dedicated to widlife conservation, shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith, and shall not be opened to homestead entry: Hanks Marsh, and first form withdrawal lands (approximately one thousand four hundred and forty acres) in Klamath County, Oregon, lying adjacent to Upper Klamath National Wildlife Refuge; White Lake in Klamath County, Oregon, and Siskiyou County, California; and thirteen tracts of land in Siskiyou County, California, |