[CHAPTER 316-3D SESSION] (H. R. 4852] AN ACT To provide for the creation of the Saratoga National Historical Park in the State of New York, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when title to all the lands, structures, and other property in the area at Saratoga, New York, whereon was fought the Battle of Saratoga during the War of the Revolution, shall have been vested in the United States, such area shall be, and it is hereby, established, dedicated, and set apart as a public park for the benefit and inspiration of the people and shall be known as the Saratoga National Historical Park: Provided, That such area shall include that part of the Saratoga Battlefield now belonging to the State of New York and any additional lands in the immediate vicinity thereof which the Secretary of the Interior may, within six months after the approval of this Act, designate as necessary or desirable for the purposes of this Act. SEC. 2. That the Secretary of the Interior be, and he is hereby, authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of said historical park as determined and fixed hereunder and donations of funds for the purchase or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States, out of any donated funds, by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of the Act of August 1, 1888, such tracts of land within the said historical park as may be necessary for the completion thereof. SEC. 3. That the administration, protection, and development of the aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes", as amended. Approved, June 1, 1938. (H. R. 4088.] An Act To establish the Upper Mississippi River Wild Life and Fish Refuge. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Upper Mississippi River Wild Life and Fish Refuge Act." SEC. 2. The Secretary of Agriculture is authorized and directed to acquire by purchase, gift, or lease, such areas of land, or of land and water, situated between Rock Island, Illinois, and Wabasha, Minnesota, on either side of or upon islands in the Mississippi River which are subject to overflow by such river and which are not used for agricultural purposes, as he determines suitable for the purposes of this Act. SEC. 3. Any such area, when acquired in accordance with the provisions of this Act, shall become a part of the Upper Mississippi River Wild Life and Fish Refuge (hereinafter in this Act referred to as the "refuge"). The refuge shall be established and maintained (a) 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 Agriculture 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, and (c) to such extent as the Secretary of Commerce may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. SEC. 4. (a) No such area shall be acquired by the Secretary of Agriculture 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 of this Act, 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 Agriculture 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. SEC. 5. Except where it is specifically provided otherwise, the Secretary of Agriculture and the Secretary of Commerce shall jointly 71-490 O-66-5 prescribe such regulations, exercise such functions, and perform such duties as may be necessary to carry out the purposes of this Act. SEC. 6. No person shall, except in accordance with regulations prescribed by the Secretary of Agriculture in respect of wild birds, game animals, fur-bearing animals, wild flowers, and aquatic plants, or by the Secretary of Commerce in respect of fish and other aquaticanimal 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. SEC. 7. Commercial fishing may be conducted in the waters of this refuge under regulation by the Secretary of Commerce. SEC. 8. (a) Any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this Act, and any employee of the Department of Commerce so authorized by the Secretary of Commerce (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 ursuant 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 Agriculture and the Secretary of Commerce may jointly 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 attor ney shall give notice thereof, and the custodian shall thereupon release the articles seized. SEC. 9. (a) The Secretary of Agriculture and the Secretary of Commerce are 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 apon them by this Act and as may be provided for by Congress from time to time. (b) For such expenditures there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, to be available until expended, $25,000 of such sum to be available for expenditure by the Secretary of Agriculture and $25,000 by the Secretary of Commerce. 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; 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. 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. SEC. 12. As used in this Act the term "person" includes an individual, partnership, association, or corporation. 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 War Department in carrying out any project now or hereafter adopted for the improvement of said river. Approved, June 7, 1924. [H. R. 11929] AN ACT Granting to the State of Iowa for State park purposes certain land of the United States in Clayton County, Iowa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the State of Iowa, upon the conditions and limitations hereinafter expressed, the following-described land of the United States lying and being in the Upper Mississippi River Wild Life and Fish Refuge, in Clayton County, Iowa, aggregating five hundred and forty-four and twenty-seven one-hundredths acres, more or less, to be held and administered by said State for the purposes of a State public park: Lots 2, 3, and 4, section 35, township 95 north, range 3 west, fifth principal meridian (excepting, however, from said lot 2 a strip of land on the north side eight chains wide at the east end and twelve chains wide at the west end, containing twenty-eight and seventy-two one-hundredths acres, more or less; and also excepting from said lots 2, 3, and 4, a strip of land containing six and twenty-five onehundredths acres, more or less, being the right-of-way of the Chicago, Milwaukee, Saint Paul and Pacific Railway), the parcel hereby conveyed containing according to survey one hundred twenty-seven and seventy-three one-hundredths acres, more or less. Lot 21, block 11; lot 21, block 13; lots 7, 8, 12, 14, and 17, block 14; and lots 4, 5, 6, 7, 8, and 9, block 42; all situate in the James McGregor, Junior, addition to the town of McGregor, Iowa, containing according to survey one and fifty-seven one-hundredths acres, more or less. A parcel of land in sections 22 and 27, township 95 north, range 3 west, fifth principal meridian, described as follows: Beginning at corner 1, the center of section 27, an established fence corner; thence south eighty-nine degrees twenty-three minutes east, with quarter-section line, eighteen and ninety-three one-hundredths chains to corner 2, a two-by-two-by-fifteen-inch oak stake beside fence corner of land formerly owned by Pearl Johnson; thence with boundary of land formerly owned by Pearl Johnson, north fortyfour degrees east seven and ninety-eight one-hundredths chains to corner 3, an elm post five inches in diameter, four feet above ground; thence south fifty-four degrees east exactly five chains to corner 4, an elm post four inches in diameter, four feet above ground; thence south forty-four degrees west exactly four chains to corner 5, an elm stake three inches in diameter, one foot above ground; thence south eighty-nine degrees twenty-three minutes east, with quartersection line and leaving land formerly owned by Pearl Johnson, fourteen and sixty one-hundredths chains to corner 6, the quartercorner between sections 26 and 27, a six-by-six-by-forty-eight-inch post above ground, scribed "US", and a one-and-one-half-by-fifteen |