at the close thereof is authorized to be made available for expenditure in that State until the close of the succeeding fiscal year. Any amount apportioned to any State under the provisions of said sections which is unexpended or unobligated at the end of the period during which it is available for expenditure on any project is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of sections 715-715d, 715e, 715f-715k, 7157-715s of this title. (Sept. 2, 1937, ch. 899, § 3, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) REFERENCES IN TEXT Section 610, title IV, of Revenue Act of 1932 was source of section 3407 of Title 26, Internal Revenue Code. TRANSFER OF FUNCTIONS See note to section 669 of this title. § 669c. Apportionment of funds; expenses of Secretary. So much, not to exceed 8 per centum, of the revenue covered into said fund in each fiscal year as the Secretary of the Interior may estimate to be necessary for his expenses in the administration and execution of sections 669-669j of this title and sections 715-715d, 715e, 715f-715k, and 7157-715s of this title shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year, and within sixty days after the close of such fiscal year the Secretary of the Interior shall apportion such part thereof as remains unexpended by him, if any, and make certificate thereof to the Secretary of the Treasury and to the State fish and game departments on the same basis and in the same manner as is provided as to other amounts authorized by sections 669-669j of this title to be apportioned among the States for such current fiscal year. The Secretary of the Interior, after making the aforesaid deduction, shall apportion the remainder of the revenues in said fund for each fiscal year among the several States in the following manner, that is to say, one-half in the ratio which the area of each State bears to the total area of all the States and one-half in the ratio which the number of paid hunting-license holders of each State in the preceding fiscal year, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States: Provided, That such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned to all the States. (Sept. 2, 1937, ch. 899, § 4, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; July 24, 1946, ch. 605, § 1, 60 Stat. 656.) AMENDMENTS 1946-Act July 24, 1946, amended section by striking out provisos providing for certain definite sums to be apportioned to each State and in lieu thereof inserting a proviso making the apportionment upon a percentage basis. TRANSFER OF FUNCTIONS See note to section 669 of this title. SUSPENSION OF EXPENSE LIMITATION The Interior Department Appropriation Act, 1945, act June 28, 1944, ch. 298, § 1, 58 Stat. 504, provided that the limitation in sections 669-669j of this title were waived to the extent necessary to provide overtime under the provisions of the War Overtime Pay Act, 1943, former sections 1401-1415 of Appendix to Title 50, War and National Defense, which act expired June 30, 1945. § 669d. Same; certification to States and Secretary of Treasury; acceptance by States; disposition of funds not accepted. Within sixty days after September 2, 1937, the Secretary of the Interior shall certify to the Secretary of the Treasury and to each State fish and game department the sum which he has estimated to be deducted for administering and executing sections 669-669j of this title and sections 715-715d, 715e, 715f-715k, and 7157-715s of this title and the sum which he has apportioned to each State for the fiscal year ending June 30, 1939, and on or before February 20 next preceding the commencement of each succeeding fiscal year shall make like certificates for such fiscal year. Any State desiring to avail itself of the benefits of sections 669-669j of this title shall notify the Secretary of the Interior to this effect within sixty days after it has received the certification referred to in this section. The sum apportioned to any State which fails to notify the Secretary of the Interior as herein provided is authorized to be made available for expenditure by the Secretary of the Interior in carrying out the provisions of sections 715-715d, 715e, 715f-715k, and 7157-715s of this title. (Sept. 2, 1937, ch. 889, § 5, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS See note to section 669 of this title. § 669e. Submission and approval of projects; setting funds aside. Any State desiring to avail itself of the benefits of sections 669-669j of this title shall by its State fish and game department submit to the Secretary of the Interior full and detailed statements of any wildliferestoration project proposed for that State. If the Secretary of the Interior finds that such project meets with the standards set up by him and approves said project, the State fish and game department shall furnish to him such surveys, plans, specifications, and estimates therefor as he may require: Provided, however, That the Secretary of the Interior shall approve only such projects as may be substantial in character and design and the expenditure of funds hereby authorized shall be applied only to such approved projects and if otherwise applied they shall be replaced by the State before it may participate in any further apportionment under said sections. Items included for engineering, inspection, and unforeseen contingencies in connection with any works to be constructed shall not exceed 10 per centum of the cost of such works and shall be paid by the State as a part of its contribution to the total cost of such works. If the Secretary of the Interior approves the plans, specifications, and estimates for the project, he shall notify the State fish and game department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside so much of said fund as represents the share of the United States payable under said sections on account of such project, which sum so set aside shall not exceed 75 per centum of the total estimated cost thereof. No payment of any money apportioned under said sections shall be made on any project until such statement of the project and the plans, specifications, and estimates thereof shall have been submitted to and approved by the Secretary of the Interior. (Sept. 2, 1937, ch. 899, § 6, 50 Stat. 918; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS See note to section 669 of this title. § 669f. Payment of funds to States; laws governing construction and labor. When the Secretary of the Interior shall find that any project approved by him has been completed or, if involving research relating to wildlife, is being conducted, in compliance with said plans and specifications, he shall cause to be paid to the proper authority of said State the amount set aside for said project: Provided, That the Secretary of the Interior may, in his discretion, from time to time, make payments on said project as the same progresses; but these payments, including previous payments, if any, shall not be more than the United States' pro-rata share of the project in conformity with said plans and specifications. Any construction work and labor in each State shall be performed in accordance with its laws and under the direct supervision of the State fish and game department, subject to the inspection and approval of the Secretary of the Interior and in accordance with rules and regulations made pursuant to sections 669—669j of this title. The Secretary of the Interior and the State fish and game department of each State may jointly determine at what times and in what amounts payments, as work progresses, shall be made under said sections. Such payments shall be made by the Secretary of the Treasury, on warrants drawn by the Secretary of the Interior against the said fund to such official or officials, or depository, as may be designated by the State fish and game department and authorized under the laws of the State to receive public funds of the State. (Sept. 2, 1937, ch. 899, § 7, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS See note to section 669 of this title. § 669g. Maintenance of projects; definition. Maintenance of wildlife-restoration projects established under the provisions of sections 669-669j of this title shall be the duty of the States in accordance with their respective laws: Provided, That beginning July 1, 1945, the term "wildlife-restoration project", as defined in section 669a of this title, shall include maintenance of completed projects, but not more than 25 per centum of the total amount ap portioned to any State under the provisions of said sections may be expended for such maintenance. (Sept. 2, 1937, ch. 899, § 8, 50 Stat. 919; July 24, 1946, ch. 605, § 2, 60 Stat. 656.) AMENDMENTS 1946-Act July 24, 1946, amended section by adding proviso defining "wildlife-restoration project". § 669g-1. Payment of funds to and cooperation with the Territories. The Secretary of the Interior is authorized to cooperate with the Alaska Game Commission, the Division of Game and Fish of the Board of Commissioners of Agriculture and Forestry of Hawaii, the Commissioner of Agriculture and Commerce of Puerto Rico, and the Governor of the Virgin Islands, in the conduct of wildlife-restoration projects, as defined in section 669a of this title, upon such terms and conditions as he shall deem fair, just, and equitable, and is authorized to apportion to said Territories, Puerto Rico, and the Virgin Islands, out of money available for apportionment under sections 669-669j of this title, such sums as he shall determine, not exceeding $75,000 for Alaska, not exceeding $25,000 for Hawaii, and not exceeding $10,000 each for Puerto Rico 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 said sections; 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 the Territories, Puerto Rico, 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 sections 715-715d, 715e, 715f-715k, and 7151-715r of this title. (Sept. 2, 1937, ch. 899, § 8 (a), as added Aug. 18, 1941, ch. 367, 55 Stat. 632, and amended Aug. 3, 1950, ch. 523, 64 Stat. 399.) AMENDMENTS 1950-Act Aug. 3, 1950, amended section by increasing the funds allocated annually to Alaska and Hawaii from $25,000 and $10,000, respectively, to $75,000 and $25,000. § 669h. Employment of personnel; equipment, etc. Out of the deductions set aside for administering and executing sections 669-669j of this title and sections 715-715d, 715e, 715f-715k, and 7157-715s of this title, 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 sections 669-669j of this Same; Grand Canyon Game Preserve included in park. All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. See, also, note to section 669 of this title. 678. 678a 678b. 679. 680. 681. 682. 683. 684. Same; inclosure. Same; exchange of lands with State of South Dakota. Same; mining locations; rules and regulations. Same; patents to State of South Dakota of certain lands in park; reservation of coal, oil, gas, and other mineral rights. Game animal and bird refuge in South Dakota; establishment. Same; erection of fence by State. Areas set aside for protection of game and fish; unlawfully taking game or fish. Game breeding areas in Wichita and Grand Canyon National Forests. 689a. 689b. 689c. 689d. 690. 690a. Same; hunting, pursuing, capturing, unlawful. Same; maintenance as refuge and breeding place 690b. Same; consent of Utah to acquisition of lands; approval of title to lands acquired. 690c. Same; existence of easements, reservations, or exceptions as barring acquisition of lands. 690d. Same; injuries to property; disturbance of birds, etc.; violation of regulations for use of refuge. 690e. Same; enforcement of laws and regulations: warrants and processes; jurisdiction of courts; forfeiture of property captured, injured, killed or removed. 6901. 690g. 690h. 6901. 691. Same; expenditures by Secretary of the Interior for construction, maintenance, etc.; employment of necessary means to execute functions imposed on him. Same; violation of laws and regulations; penalties. Same; "person" defined. Same; appropriation. Cheyenne Bottoms Migratory Bird Refuge; location; acquisition of land. 691a. Same; establishment; purpose. 691b. Same; appropriation. 691c. Same; acquisition of areas; title; rights-of-way. easements, and reservations. 691d. Same; application of certain statutes. 692. 692a. 693. 693a. 694. 694b. 695. Game sanctuaries or refuges in Ocala National Forest; creation. Same; hunting, pursuing, capturing, etc., unlawful. Game sanctuaries and refuges in Ouachita National Forest. Same; rules and regulations; violations; penalties. Fish and game sanctuaries in national forests; establishment by President. 694a. Same; hunting, pursuing, capturing, etc., unlawful. Same; rules and regulations; jurisdiction of States. Migratory waterfowl and other wildlife refuge in California; participation by State of California. 695a. Same; title in United States; existence of easements, reservations, etc.; affecting acquisition. 695b. Same; applicability of sections 715g-7151 and 715-715n of this title. 695c. Same; availability of funds for construction of dams, buildings, etc. § 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, ch. 192, 35 Stat. 267; Mar. 4, 1909, ch. 301, 35 Stat. 1051; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) 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. § 672. Wind Cave National Game Preserve. CODIFICATION Section, act Aug. 10, 1912, ch. 284, 37 Stat. 293, which established the Wind Cave National Game Preserve, is now obsolete since the preserve has been abolished. Preserve abolished and property transferred to Wind Cave National Park, to be administered by Secretary of the Interior for purposes expressed in this section, see section 141b of this title. § 673. Wyoming Elk Reserve. There is established a winter game (elk) reserve in the State of Wyoming, which shall be located in that section of Wyoming lying south of the Yellowstone Park, and shall include not less than two thousand acres in township 41 north, ranges 115 and 116 west, and the Secretary of the Interior is authorized to purchase said lands with improvements, to erect necessary buildings and inclosures, and to incur other expenses necessary for the maintenance of the reserve. The Secretary of the Interior is authorized to include in said refuge and to inclose not more than one thousand acres of unoccupied public lands, which when selected shall be made to conform to the lines of the public surveys, and shall be adjacent to or partly inclosed by said refuge. (Aug. 10, 1912, ch. 284, 37 Stat. 293; Mar. 4, 1913, ch. 145, 37 Stat. 847; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of Interior, see note under section 671 of this title. § 673a. Same; addition to reserve. The Secretary of the Interior is authorized to accept, on behalf of and without expense to the United States, from the Izaak Walton League of America, or its authorized trustees, a gift of certain lands in Teton County, Wyoming, described as the south half of section 4; the east half of the southeast quarter of section 5; the southwest quarter of the southeast quarter of section 5; the south half of the southwest quarter of section 5; the southeast quarter of the northeast quarter of section 7; the east half of the southeast quarter of section 7; the southwest quarter of the southeast quarter of section 7, and lot 4 of section 7; all of section 8; the north half of the northeast quarter of section 9; the north half of the northwest quarter of section 9; and the southwest quarter of the northwest quarter of section 9; the north half of the northeast quarter of section 17; lot 1 of section 18; and the east half of the northwest quarter of section 18; all in township 41 north, range 115 west, of the sixth principal meridian, including all the buildings and improvements thereon, and all 24626-53-vol. 2-39 rights, easements, and appurtenances thereunto appertaining, subject to the conditions that they be used and administered by the United States, under the supervision and control of the Secretary of the Interior, for the grazing of, and as a refuge for, American elk and other big game animals, and that they be known as the Izaak Walton League addition to the winter elk refuge: Provided, That upon the conveyance of said lands to the United States, as herein provided, they shall become a part of the winter elk refuge established under section 673 of this title, and shall be subject to any laws governing the administration and protection of said refuge. (Feb. 25, 1927, ch. 205, 44 Stat. 1246; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. § 673b. National Elk Refuge in Wyoming. The following-described lands of the Jackson Hole National Monument are made a part of the National Elk Refuge and shall be administered hereafter in accordance with the laws applicable to said refuge: SIXTH PRINCIPAL MERIDIAN Township 42 north, range 116 west: Those portions of sections 24, 25, 26, and 35 lying east of the east right-of-way line of United States Highway Numbered 187, and lying south and east of the north and west bank of the Gros Ventre River. Township 42 north, range 115 west: Those portions of sections 8, 9, 10, 17, 18, and 19 lying south and east of the north and west bank of the Gros Ventre River; section 20; section 29, northwest quarter; section 30, north half. Township 41 north, range 116 west: Entire portion now in Jackson Hole National Monument except that portion in section 2 lying west of the east rightof-way line of United States Highway Numbered 187. Containing in all six thousand three hundred and seventy-six acres, more or less. (Sept. 14, 1950, ch. 950, § 2, 64 Stat. 849.) REFERENCES IN TEXT The Jackson Hole National Monument, referred to in text, was created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943. For provisions transferring other lands of such former national monument, see sections 406d-1 and 482m of this title. REVOCATION OF TEMPORARY WITHDRAWALS OF PUBLIC LANDS Revocation of temporary withdrawals of public lands in aid of legislation pertaining to parks, monuments, etc., adjacent to Grand Teton National Park in Wyoming, see note under section 406d-1 of this title. REPEAL OF INCONSISTENT LAWS Repeal of laws inconsistent with act Sept. 14, 1950, see note under section 406d-1 of this title. § 673c. Conservation of elk in Wyoming-(a) Creation of program; licensed hunters deputized as rangers. The Wyoming Game and Fish Commission and the National Park Service shall devise, from technical information and other pertinent data assembled or produced by necessary field studies or investigations conducted jointly by the technical and administrative personnel of the agencies involved, and recommend to the Secretary of the Interior and the Governor of Wyoming for their joint approval, a program to insure the permanent conservation of the elk within the Grand Teton National Park established by sections 406d-1 and 406d-4 of this title. Such program shall include the controlled reduction of elk in such park, by hunters licensed by the State of Wyoming and deputized as rangers by the Secretary of the Interior, when it is found necessary for the purpose of proper management and protection of the elk. (b) Recommendations by Wyoming Game and Fish Commission, and National Park Service; controlled reduction; deputation of hunters; removal of carcasses. At least once a year between February 1 and April 1, the Wyoming Game and Fish Commission and the National Park Service shall submit to the Secretary of the Interior and to the Governor of Wyoming, for their joint approval, their joint recommendations for the management, protection, and control of the elk for that year. The yearly plan recommended by the Wyoming Game and Fish Commission and the National Park Service shall become effective when approved by the Secretary of the Interior and the Governor of Wyoming, and thereupon the Wyoming Game and Fish Commission and the Secretary of the Interior shall issue separately, but simultaneously such appropriate orders and regulations as are necessary to carry out those portions of the approved plan that fall within their respective jurisdictions. Such orders and regulations, to be issued by the Secretary of the Interior and the Wyoming Game and Fish Commission, shall include provision for controlled and managed reduction by qualified and experienced hunters licensed by the State of Wyoming and deputized as rangers by the Secretary of the Interior, if and when a reduction in the number of elk by this method within the Grand Teton National Park established by sections 406d-1 and 406d-4 of this title is required as a part of the approved plan for the year, provided that one elk only may be killed by each such licensed and deputized ranger. Such orders and regulations of the Secretary of the Interior for controlled reduction shall apply only to the lands within the Park which lie east of the Snake River and those lands west of Jackson Lake and the Snake River which lie north of the present north boundaries of Grand Teton National Park, but shall not be applicable to lands within the Jackson Hole Wildlife Park. After the Wyoming Game and Fish Commission and the National Park Service shall have recommended to the Secretary of the Interior and the Governor of Wyoming in any specified year a plan, which has received the joint approval of the Secretary of the Interior and the Governor of Wyoming, calling for the controlled and managed reduction by the method prescribed herein of the number of elk within the Grand Teton National Park established by said sections, and after the Wyoming Game and Fish Commission shall have transmitted to the Secretary of the Interior a list of persons who have elk hunting licenses issued by the State of Wyoming and who are qualified and experienced hunters, on or before July 1 of that year the Secretary of the Interior, without charge, shall cause to be issued orders deputizing the persons whose names appear on such list, in the number specified by the plan, as rangers for the purpose of entering the park and assisting in the controlled reduction plan. Each such qualified hunter, deputized as a ranger, participating in the controlled reduction plan shall be permitted to remove from the park the carcass of the elk he has killed as a part of the plan. (Sept. 14, 1950, ch. 950, § 6, 64 Stat. 851.) REPEAL OF INCONSISTENT LAWS Repeal of laws inconsistent with act Sept. 14, 1950, see note under section 406d-1 of this title. CROSS REFERENCES Grand Teton National Park in Wyoming, establishment, etc., see section 406d-1 et seq. of this title. § 674. Sullys Hill National Game Preserve. The Secretary of the Interior is authorized to inclose the Sullys Hill National Game Preserve with a good and substantial fence, to construct thereon all sheds, buildings, and corrals necessary for the proper care and maintenance of the animals and birds therein, to erect a suitable headquarters, to construct and maintain roads, trails, and other structures necessary for the convenience of visitors, and to incur such other expenses as may be necessary for the proper maintenance of the preserve and the animals and birds placed therein. He is also authorized to place in the park buffalos, elk, deer, and such other wild or rare animals and birds as he may in his discretion decide. (June 30, 1914, ch. 131, 38 Stat. 434; Mar. 3, 1931, ch. 439, § 1, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. CHANGE OF NAME Act Mar. 3, 1931, provided that the Sullys Hill National Park should be administered as a big-game preserve, refuge and breeding grounds for wild animals and birds, which should be known as the Sullys Hill National Game Preserve. § 674a. Sullys Hill National Park; transfer of control; change of name to Sullys Hill National Game Preserve; boundaries; use by public; hunting. The Secretary of the Interior shall administer Sullys Hill National Park, together with all improvements thereon, in the State of North Dakota, as a big game preserve, refuge, and breeding grounds for wild animals and birds, which shall be known as the Sullys Hill National Game Preserve and shall embrace within its boundaries the lands described in the proclamation of June 2, 1904, establishing Sullys Hill Park, together with all unsurveyed or public lands uncovered by the recession of the waters of Devils Lake in front of said reservation, the preserve |