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whom the United States receives title under this or any other Act for the acquisition by the Secretary of Agriculture of areas for wildlife refuges shall be subject to rules and regulations prescribed by the Secretary of Agriculture for the occupation, use, operation, protection, and administration of such areas as inviolate sanctuaries for migratory birds or as refuges for wildlife; and it shall be expressed in the deed or lease that the use, occupation, and operation of such rights-of-way, easements, and reservations shall be subordinate to and subject to such rules and regulations as are set out in such deed or lease or, if deemed necessary by the Secretary of Agriculture, to such rules and regulations as may be prescribed by him from time to time. (Feb. 18, 1929, sec. 6, 45 Stat. 1223; June 15, 1935, sec. 301, Title III, Public 148, 74th Cong.; 16 U. S. C., sec. 715e.)

1175. Same; consent of State to conveyance. That no deed or instrument of conveyance shall be accepted by the Secretary of Agriculture under this Act unless the State in which the area lies shall have consented by law to the acquisition by the United States of lands in that State. (Feb. 18, 1929, sec. 7, 45 Stat. 1223; 16 U. S. C., sec. 715f.)

1176. Jurisdiction of State over areas acquired.—That the jurisdiction of the State, both civil and criminal, over persons upon areas acquired under this Act shall not be affected or changed by reason of their acquisition and administration by the United States as migratory-bird reservations, except so far as the punishment of offenses against the United States is concerned. (Feb. 18, 1929, sec. 8, 45 Stat. 1224; 16 U. S. C., sec. 715g.)

1177. Same; operation of State game laws.—That nothing in this Act is intended to interfere with the operation of the game laws of the several States applying to migratory game birds insofar as they do not permit what is forbidden by Federal law. (Feb. 18, 1929, sec. 9, 45 Stat. 1224; 16 U. S. C., sec. 715h.)

1178. Prohibited acts on areas acquired.—That no person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, dam, dike embankment, flume, spillway, or other improvement or property of the United States on any area acquired under this Act, or cut, burn, or destroy any timber, grass, or other natural growth, on said area or on any area of the United States which heretofore has been or which hereafter may be set apart or reserved for the use of the Department of Agriculture as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law, proclamation, or Executive order, or occupy or use any part thereof, or enter thereon for any purpose, except in accordance with regulations of the Secretary of Agriculture; nor shall any person take any bird, or nest or egg thereof on any area acquired under this Act, except for scientific or propagating purposes under permit of the Secretary of Agriculture; but nothing in this Act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this Act for the purpose of fishing in accordance with the law of the State in which such area is located: Provided, That such person complies with the regulations of the Secretary of Agriculture covering such area. (Feb. 18, 1929, sec. 10, 45 Stat. 1224; 16 U. S. C., sec. 715i.)

1179. Migratory birds defined.—That for the purposes of this Act, migratory birds are those defined as such by the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916. (Feb. 18, 1929, sec. 11, 45 Stat. 1224; 16 U. S. C., sec. 715j.)

1180. Appropriations; disposal, reservation protectors.—For the acquisition, including the location, examination, and survey, of suitable areas of land, water, or land and water, for use as migratory bird reservations, and necessary expenses incident thereto, and for the administration, maintenance, and development of such areas and other preserves, reservations, or breeding grounds frequented by migratory game birds and under the administration of the Secretary of Agriculture, including the construction of dams, dikes, ditches, flumes, spillways, buildings, and other necessary improvements, and for the elimination of the loss of migratory birds from alkali poisoning, oil pollution of waters, or other causes, for cooperation with local authorities in wildlife conservation, for investigations and publications relating to North American birds, for personal services, printing, engraving, and issuance of circulars, posters, and other necessary matter

and for the enforcement of the provisions of this Act, there are authorized to be appropriated, in addition to all other amounts authorized by law to be appropriated, the following amounts for the fiscal years specified

$75,000 for the fiscal year ending June 30, 1930;
$200,000 for the fiscal year ending June 30, 1931;
$600,000 for the fiscal year ending June 30, 1932;
$1,000,000 for the fiscal year ending June 30, 1933;

$1,000,000 for each fiscal year thereafter for a period of six years; and

$200,000 for the fiscal year ending June 30, 1940, and for each fiscal year thereafter. Not more than 20 per centum of the amounts appropriated pursuant to this authorization for the fiscal year beginning July 1, 1930, and for each fiscal year to and including the fiscal year ending June 30, 1939, shall be expended for personal services in the District of Columbia and elsewhere incident to the administration and maintenance of acquired areas, printing, engraving, and issuance of circulars and posters. No part of any appropriation authorized by this section shall be used for payment of the salary, compensation, or expenses of any United States game protector, except reservation protectors for the administration, maintenance, and protection of such reservations and the birds thereon: Provided, That reservation protectors appointed under the provisions of this Act shall be selected, when practicable, from qualified citizens of the State in which they are to be employed. The Secretary of Agriculture is authorized and directed to make such expenditures and to employ such means, including personal services in the District of Columbia and elsewhere, as may be necessary to carry out the foregoing objects. (Feb. 18, 1929, sec. 12, 45 Stat. 1224; 16 U. S. C., sec. 715k.)

1181. Execution of provisions of act; powers and duties of United States judges, etc.—That for the efficient execution of this Act, the judges of the several courts established under the laws of the United States, United States commissioners, and persons appointed by the

Secretary of Agriculture to enforce this Act, shall have, with respect thereto, like powers and duties as are conferred by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the United States Code) upon said judges, commissioners, and employees of the Department of Agriculture appointed to enforce the Act last aforesaid. Any bird, or part, nest or egg thereof, taken or possessed contrary to this Act, when seized shall be disposed of as provided by section 5 of said Migratory Bird Treaty Act [16 U. S. C., sec. 706). (Feb. 18, 1929, sec. 13, 45 Stat. 1225; 16 U. S. C., sec. 7151.)

1182. Violations; penalty.—That any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $500, or be imprisoned not more than six months, or both. (Feb. 18, 1929, sec. 14, 45 Stat. 1225; 16 U. S. C., sec. 715m.)

1183. Word “take " 'defined.—That for the purposes of this Act the word "take" shall be construed to mean pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill, unless the context otherwise requires. (Feb. 18, 1929, sec. 15, 45 Stat. 1225; 16 U. S. C., sec. 715n.)

1184. National forest and power sites; use for migratory bird reservations.—Nothing in this Act shall be construed as authorizing or empowering the Migratory Bird Conservation Commission herein created, the Secretary of Agriculture, or any other board, commission, or officer, to declare, withdraw, or determine, except heretofore designated, any part of any national forest or power site, a migratory bird reservation under any of the provisions of this Act, except by and with the consent of the legislature of the State wherein such forest or power site is located. (Feb. 18, 1929, sec. 16, 45 Stat. 1225; 16 U. S. C., sec. 7150.)

1185. Cooperation of State in enforcement of provisions of act.—That when any State shall, by suitable legislation, make provision adequately to enforce the provisions of this Act and all regulations promulgated thereunder, the Secretary of Agriculture may so certify, and then and thereafter said State may cooperate with the Secretary of Agriculture in the enforcement of this Act and the regulations thereunder. (Feb. 18, 1929, sec. 17, 45 Stat. 1225; 16 U.S. C., sec. 715p.)

1186. Expenses of Commission; appropriation. That a sum sufficient to pay the necessary expenses of the commission and its members, not to exceed an annual expenditure of $5,000, is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated. Said appropriation shall be paid out on the audit and order of the chairman of said commission, which audit and order shall be conclusive and binding upon the General Accounting Office as to the correctness of the accounts of said commission. (Feb. 18, 1929, sec. 18, 45 Stat. 1225; 16 U. S. C., sec. 715q.).

1187. Partial invalidity of act.—That if any provision of this Act or the application thereof to any person or circumstances is held invalid the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. (Feb. 18, 1929, sec. 19, 45 Stat. 1226; 16 U. S. C., sec. 715r.)

STATE PARTICIPATION IN REVENUE FROM CERTAIN WILDLIFE REFUGES

1188. Participation of States in revenue from certain wildlife refuges.—That 25 per centum of all money received during each fiscal year from the sale or other disposition of surplus wildlife, or of timber, hay, grass, or other spontaneous products of the soil, shell, sand, or gravel, and from other privileges on refuges established under the Migratory Bird Conservation Act of February 18, 1929, or under any other law, proclamation, or Executive order, administered by the Bureau of Biological Survey of the United States Department of Agriculture, shall be paid at the end of such year by the Secretary of the Treasury to the county or counties in which such refuge is situated, to be expended for the benefit of the public schools and roads in the county or counties in which such refuge is situated : Provided, That when any such refuge is in more than one State or Territory or county or subdivision, the distributive share to each from the proceeds of such refuge shall be proportional to its area therein: Provided further, That the disposition or sale of surplus animals and products, and the grant of privileges on said wildlife refuges may be made upon such terms and conditions as the Secretary of Agriculture shall determine to be for the best interests of government or for the advancement of knowledge and the dissemination of information regarding the conservation of wildlife, including sale in the open market, exchange for animals of the same or other kinds, and gifts or loans to public or private institutions for exhibition or propagation: And provided further, That out of any moneys received from the grant, sale, or disposition of such animals, products, or privileges, or as a bonus upon the exchange of such animals the Secretary of Agriculture is authorized to pay any necessary expenses incurred in connection with and for the purpose of effecting the removal, grant, disposition, sale, or exchange of such animals, products, or privileges; and in all cases such expenditures shall be deducted from the gross receipts of the refuge before the Secretary of the Treasury shall distribute the 25 per centum thereof to the States as hereinbefore provided. (June 15, 1935, sec. 401, title IV, Public 148, 74th Cong.) EXCHANGE OF GOVERNMENT LANDS FOR PRIVATE LANDS CHIEFLY VALUABLE FOR WILD

LIFE REFUGES 1189. Secretary of Agriculture authorized to accept lands valuable for wildlife refuges, and in exchange therefor convey other lands or permit cutting of timber, etc., therefrom, under laws and regulations. That when the public interests will be benefited thereby the Secretary of Agriculture is authorized, in his discretion, to accept on behalf of the United States title to any land which he deems chiefly valuable for wildlife refuges, and in exchange therefor to convey by deed on behalf of the United States an equal value of lands required by him for like purposes, or he may authorize the grantor to cut and remove from such lands an equal value of timber, hay, or other products, or to otherwise use said lands, when compatible with the protection of the wildlife thereon, the values in each case to be determined by said Secretary. Timber or other products so granted shall be cut and removed, and other uses exercised, under the laws and regulations applicable to such refuges and under the direction of the Secretary of Agriculture and under such supervision and restrictions as he may prescribe. Any lands acquired by the Secretary of Agriculture under the terms of this section shall immediately become a part of the refuge or reservation of which the lands, timber, and other products or uses given in exchange were or are a part and shall be administered under the laws and regulations applicable to such refuge or reservation. (June 15, 1935, sec. 302, title III, Public 148, 74th Cong.)

1190. Secretary of Interior authorized to acquire lands for refuges in exchange for certain public lands.—That when the public interests will be benefited thereby the Secretary of the Interior is authorized, in his discretion, to accept on behalf of the United States title to any lands which, in the opinion of the Secretary of Agriculture, are chiefly valuable for migratory bird or other wildlife refuges, and in exchange therefor may patent not to exceed an equal value of surveyed or unsurveyed, unappropriated, and unreserved nonmineral public lands of the United States in the same State, the value in each case to be determined by the Secretary of Agriculture. Before any such exchange is effected notice thereof, reciting the lands involved, shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands proposed to be granted by the United States in such exchange. Lands conveyed to the United States under this section shall be held and administered by the Secretary of Agriculture under the terms of section 10 of the aforesaid Migratory Bird Conservation Act of February 18, 1929 (16 U. S. C., sec. 715i), and all the provisions of said section of said Act are hereby extended to and shall be applicable to the lands so acquired. (June 15, 1935, sec. 303, title III, Public 148, 74th Congress.)

1191. Other law applicable.—That all the provisions of section 6 of the aforesaid Migratory Bird Conservation Act (16 U. S. C., sec. 715e), as hereby amended, relating to rights-of-way, easements, and reservations shall apply equally to exchanges effected under the provisions of this Act, and in any such exchanges the value of such rights-of-way, easements, and reservations shall be considered in determining the relation of value of the lands received by the United States to that of the land conveyed by the United States. (June 15, 1935, sec. 304, title III, Public 148, 74th Cong.)

HUNTING STAMP TAX

1192. Federal migratory-bird hunting; stamps required for hunting migratory waterfowl; exemptions.—That no person over sixteen years of age shall take any migratory waterfowl unless at the time of such taking he carries on his person an unexpired Federal migratorybird hunting stamp validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds; except that no such stamp shall be required for the taking of migratory waterfowl by Federal or State institutions or official agencies, or for propagation, or by the resident owner, tenant, or share cropper of the property or officially designated agencies of the Department of Agriculture for the killing, under such restrictions as the Secretary of Agriculture may by regulation prescribe, of such waterfowl when found injuring crops or other property. Any person to whom

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