Gambar halaman
PDF
ePub

fere with any existing right or withdrawals made prior to passage of this Act: Provided, That all the land within the exterior boundary of the aforesaid tract shall first become the property of the United States.

That where the Government survey has not been completed the aforesaid description shall be deemed to refer to and be determined by lines projected from the official survey. (July 3, 1926, sec. 1, 44 Stat. 889; 16 U. S. C., sec. 689.)

1129. Other uses of land permitted.-That the lands included in said game preserve shall continue to be parts of the national forest and nothing contained in this Act [16 U. S. C., secs. 689-689d] shall prevent the Secretary of Agriculture from permitting other uses of said lands under and in conformity with the laws and rules and regulations applicable thereto so far as any such use may be consistent with the purposes for which said game preserve is established. (July 3, 1926, sec. 2, 44 Stat. 889; 16 U. S. C., sec. 689a.)

1130. Hunting, etc., prohibited; penalties.-On lands within the game preserve established in section 2 of this Act [16 U. S. C., sec. 689], hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any wild animals or birds for any purpose whatever upon the lands of the United States within the limits of said game preserve shall be unlawful except as hereinafter provided, and any person violating any provision of this section or any of the rules and regulations made under the provisions of this Act [16 U. S. C., secs. 689689d] shall be deemed guilty of a misdemeanor and shall, upon conviction in any United States court, be fined in a sum not exceeding $500, or be imprisoned for a period not exceeding six months, or shall suffer both the fine and imprisonment, in the discretion of the court. (July 3, 1926, sec. 3, 44 Stat. 889; 16 Ú. S. C., sec. 689b.)

1131. Rules and regulations; predatory animals.-The Secretary of Agriculture shall execute the provision of this Act [16 U. S. C., secs. 689-689d], and he is hereby authorized to make all needful rules and regulations for the administration of such game preserves in accordance with the purpose of this Act, including regulations for hunting, capturing, or killing predatory animals, such as wolves, coyotes, cougar, and other species destructive to livestock or wild life within the limits of said game preserve. (July 3, 1926, sec. 4, 44 Stat. 889; 16 U. S. C., sec. 689c.)

1132. Acceptance of title to privately owned lands.-Upon the recommendation of the Secretary of Agriculture the Secretary of the Interior be, and hereby is, authorized in his discretion to accept, on behalf of the United States, title to any lands in private ownership within the boundaries of the game preserve established hereby, and make exchange therefor under the provisions of the Act approved March 20, 1922 (Forty-second Statutes, page 465) [16 U. S. C., sec. 485]. (July 3, 1926, sec. 5, 44 Stat. 889; 16 U. S. C., sec. 689d.)

1133. Bear River Migratory Bird Refuge; establishment; acquisition of lands. That the Secretary of Agriculture is hereby 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, sec. 1, 45 Stat. 448; 16 U. S. C., sec. 690.)

1134. Maintenance as refuge and breeding place for migratory birds.That such lands, when acquired in accordance with the provisions of this Act [16 U. S. C., secs. 690-6901], 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. 23, 1928, sec. 2, 45 Stat. 448; 16 U. S. C., sec. 690a.)

1135. Consent of Utah to acquisition of lands; approval of title to acquired lands. That no such area shall be acquired by the Secretary of Agriculture unless or until the Legislature of the State of Utah has consented 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 Agriculture may deem necessary for such purpose, and which the Secretary of Agriculture is hereby 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, sec. 3, 45 Stat. 449; 16 U. S. C., sec. 690b.)

1136. Existence of easements, reservations, or exceptions as barring acquisition of lands.-That 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 [16 U. S. C., secs. 690-6901], 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 [16 U. S. C., secs. 690-6901]. (Apr. 23, 1928, sec. 4, 45 Stat. 449; 16 U. S. C., sec. 690c.)

1137. Injuries to property; disturbance of birds; violation of regulations. That 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 [16 U. S. C., secs. 690-690i], 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 Agriculture: 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, sec. 5, 45 Stat. 449; 16 U. S. C., sec. 690d.)

1138. Enforcement of laws and regulations; warrants; jurisdiction of courts; forfeiture of property captured, injured, killed, or removed.—(a) Any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this Act [16 U. S. C., secs. 690-690i] (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act [16 U. S. C., secs. 690-690i] 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 this Act [16 U. S. C., secs. 6906901] or regulations made pursuant thereto. 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 or animals, or parts thereof, captured, injured, or killed, and all grass and other natural growths, and nests and eggs of birds removed contrary to the provisions of this Act [16 U. S. Č., secs. 690-6901] or any regulation made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, or removed contrary to the provisions of this Act [16 U. S. C., secs. 690-690i] or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (Apr. 23, 1928, sec. 6, 45 Stat. 449; 16 U. S. C., sec. 690e.)

1139. Expenditures by Secretary for construction, maintenance, etc.; employment of necessary means to execute functions imposed.-That the Secretary of Agriculture is authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including necessary investigations, and expenditures for personal services and office expenses at the seat of government and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by this Act [16 U. S. Č., secs. 6906901] and as may be provided for by Congress from time to time. (Apr. 23, 1928, sec. 7, 45 Stat. 449; 16 U. S. Č., sec. 690f.)

1140. Appropriations.-That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $350,000, or so much thereof as may be necessary to effectuate the provisions of this Act [16 U. S. C., secs. 690-690i]: Provided, That not to exceed $50,000 may be expended for the purchase of land, including improvements thereon. (Apr. 23, 1928, sec. 8, 45 Stat. 450; 16 U. S. C., secs. 690-690i.)

1141. Violation of laws and regulations.-That any person who shall violate or fail to comply with any provision of, or any regulation made pursuant to, this Act [16 U. S. C., secs. 690-6901] 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. (Apr. 23, 1928, sec. 9, 45 Stat. 450; 16 U. S. C., sec. 690g.)

1142. "Person" defined. That as used in this Act [16 U. S. C., secs. 690-6901] the term "person" includes an individual, partnership, association, or corporation. (Apr. 23, 1928, sec. 10, 45 Stat. 450; 16 U. S. C., sec. 690h.)

1143. Cheyenne Bottoms Migratory Bird Refuge; location; acquisition of land. That the Secretary of Agriculture be, and he is hereby, authorized to acquire by purchase, gift, or lease not to exceed twenty thousand acres of land in what is known as the Cheyenne Bottoms. in Barton County, Kansas, or, in lieu of purchase, to compensate any owner for any damage sustained by reason of submergence of his lands. (June 12, 1930, sec. 1, 46 Stat. 579; 16 U. S. C., sec. 691.)

1144. Establishment; purpose. That such lands, when acquired in accordance with the provisions of this Act [16 U. S. C., secs. 691691d], shall constitute the Cheyenne Bottoms 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. (June 12, 1930, sec. 2, 46 Stat. 579; 16 U. S. C., sec. 691a.)

1145. Appropriation.-That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sum of $250,000, or so much thereof as may be necessary to purchase or otherwise acquire the land described in section 1 of this Act [16 U. S. C., sec. 691]. (June 12, 1930, sec. 3, 46 Stat. 579; 16 U. S. C., sec. 691b.)

1146. Acquisition of areas.-That the Secretary of Agriculture 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 [16 U. S. C., secs. 691-691d], including purchase of options when deemed necessary by the Secretary of Agriculture, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payment shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. That the acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, and reservations which from their nature will in the opinion of the Secretary of Agriculture in no manner interfere with the use of the areas so encumbered for the purpose of this Act [16 U. S. C., secs. 691–691d]. (June 12, 1930, sec. 4, 46 Stat. 579; 16 U. S. C., sec. 691c.)

1147. Laws applicable.-Sections 7, 8, 9, 10, 13, 14, and 15 of the Migratory Bird Conservation Act, approved February 18, 1929 [16 U. S. C., secs. 715f, 715g, 715h, 715i, 7151, 715m, 715n], are hereby made applicable for the purposes of this Act [16 U. S. C., secs. 691691d] in the same manner and to the same extent as though they were enacted as a part of this Act [16 U. S. C., secs. 691-691d]. (June 12, 1930, sec. 5, 46 Stat. 579; 16 U. S. C., sec. 691d.)

1148. Game sanctuaries or refuges in Ocala National Forest.-That the President of the United States be, and he is hereby, authorized to designate as game refuges such lands of the United States within the Ocala National Forest, in the State of Florida, as in his judgment

should be set aside for the protection of game animals and birds, but it is not intended that the lands so designated shall cease to be parts of the national forest within which they are located, and the establishment of such game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the lands under and in conformity with the laws and regulations applicable thereto so far as such uses may be consistent with the purposes for which such game sanctuaries or refuges are established. (June 28, 1930, 46 Stat. 827; 16 U. S. C., sec. 692.)

1149. Unlawful acts; penalty.-That when such game sanctuaries or refuges have been established as provided in section 1 hereof [16 U. S. C., sec. 692], the hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any game animals or birds upon the lands of the United States within the limits of such game sanctuaries or refuges, except as herein provided, shall be unlawful, and any person violating any of the provisions of this Act [16 U. S. C., secs. 692692a], or any of the rules and regulations made thereunder, shall be deemed guilty of a misdemeanor and shall, upon conviction in any United States court, be fined in a sum not exceeding $500 or imprisonment not more than six months, or both. (June 28, 1930, sec. 1, 46 Stat. 828; 16 U. S. C., sec. 692a.)

1150. Game sanctuaries and refuges in Ouachita National Forest.That for the purpose of providing breeding places and for the protection and administration of game animals, birds, and fish, the President of the United States is hereby authorized, upon the recommendation of the Secretary of Agriculture, to establish by public proclamation certain specified areas within the Ouachita National Forest as game sanctuaries and refuges. (June 13, 1933, sec. 1, 48 Stat. 128; 16 U. S. C., sec. 693.)

1151. Rules and regulations; violations; penalties.-That the Secretary of Agriculture shall execute the provisions of this Act [16 U. S. C., secs. 693-693a], and he is hereby authorized to prescribe all general rules and regulations for the administration of such game sanctuaries and refuges, and violation of such rules and regulations shall be punished by fine of not more than $500 or imprisonment for not more than six months or both. (June 13, 1933, sec. 2, 48 Stat. 128; 16 U. S. C., sec. 693a.)

1152. Fish and game sanctuaries in national forests; President to designate areas. That for the purpose of providing breeding places for game birds, game animals, and fish on lands and waters in the national forests not chiefly suitable for agriculture, the President of the United States is hereby authorized, upon recommendation of the Secretary of Agriculture and the Secretary of Commerce and with the approval of the State legislatures of the respective States in which said national forests are situated, to establish by public proclamation certain specified and limited areas within said forests as fish and game sanctuaries or refuges which shall be devoted to the increase of game birds, game animals, and fish of all kinds naturally adapted thereto, but it is not intended that the lands included in such fish and game sanctuaries or refuges shall cease to be parts of the national forests wherein they are located, and the establishment of such fish and game sanctuaries or refuges shall not prevent

« SebelumnyaLanjutkan »