Department of the Interior, which affect the breeding, raising, producing, marketing, or any other phase of the production or distribution, of domestically raised fur-bearing animals, or products thereof, are transferred to and vested in the Secretary of Agriculture. (b) Appropriations and unexpended balances of appropriations, or parts thereof, which the Director of the Budget determines to be available for expenditure for the administration of any function transferred by this section and section 433 of this title. shall be available for expenditure for the continued administration of such function by the officer to whom such function is so transferred. (c) All records and property (including office furniture and equipment) under the jurisdiction of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior used primarily in connection with the administration of functions transferred by said sections are transferred to the jurisdiction of the Secretary of Agriculture. (Apr. 30, 1946, c. 242, § 2, 60 Stat. 127.) EFFECTIVE DATE Section as effective 60 days after Apr. 30, 1946, see note set out under section 433 of this title. 9. Game and Wildlife Preserves 673a. Same; addition to reserve. 673b. National Elk Refuge in Wyoming. 673c. Conservation of elk in Wyoming. 674. 16 U.S.C. 671-697a (a) Creation of program; licensed hunters deputized as rangers. (b) Recommendations by Wyoming Game and Fish Commission, and National Park Service; controlled reduction; deputation of hunters; removal of carcasses. 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. 674b. Sullys Hill National Game Preserve; acquisition of additional lands. 674c. Same; boundary and division fences; buildings and improvements; supplies; employees. 674d. Same; appropriations. Norbeck Wildlife Preserve; establishment. Same; hunting, trapping, killing, or capturing game unlawful. 678a. Same; mining locations; rules and regulations. 678b. Same; redefinition of western boundary. 679. 675. 676. 693. Same; patents to State of South Dakota of certain lands in park; reservation of coal, oil, gas, and other mineral rights. 693a. 693b. 694a. Same; acquisition of areas; title; rights-of-way, easements, and reservations. Same; application of certain statutes. Game sanctuaries or refuges in Ocala National Forest; creation. Same; hunting, pursuing, capturing, etc., unlaw- Game sanctuaries and refuges in Ouachita National Same; rules and regulations; violations; penalties. Same; administration by Secretary of Agriculture. 693d. Same; cooperation with public and private agencies; contributions and gifts. 694. 695b. 695c. Fish and game sanctuaries in national forests; establishment by President. 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. Same; title in United States; existence of easements, reservations, etc.; affecting acquisition. Same; applicability of sections 715g to 7151 and 7151 to 715n of this title. Same; availability of funds for construction of dams, buildings, etc. 695d. Development of water supplies for waterfowl management in California; reauthorization of Central Valley Project. 695e. Same; construction, operation, and maintenance of water supply development works. Same; construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws. 6951. 695m. 695n. 6950. 695p. 695q. 695r. 696. crops. Same; dedication of lands within boundaries of the refuges to wildlife conservation; administration of lands for waterfowl management and optimum agricultural use; homestead entry prohibition; inclusion of other public lands; property of United States. Same; annual percentage payments of net revenues from leases on pro rata basis; limitation on payments; priority of use of net revenues. Same; leases of Lower Klamath and Tule Lake National Wildlife Refuge reserved lands; management of other reserved public lands for waterfowl purposes. Same; limitation on reduction of areas by diking or other construction. Same; regulation of waters to maintain sump Same; research studies; report to Congress. National Key Deer Refuge; establishment; acquisi- 696a. Same; acquisition of title to properties; rights-ofway and easements. 696b. Same; authorization of appropriations; limitation. 697. Wyandotte National Wildlife Refuge; establishment and designation; administration. 697a. Same; description. § 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.) CODIFICATION Act May 23, 1908, authorized the President to reserve and except 12,800 acres, only, for the purposes of this section. The act of May 23, 1908, 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 is 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 the Appendix to Title 5, Government Organization 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.) CODIFICATION Section is a combination provision, the first sentence being from act Aug. 10, 1912, and the last from act Mar. 4, 1913. As originally enacted, the first sentence was in the form of an appropriation for the purposes thereof as was also the second sentence which began with the following words: "For the establishment and maintenance of a winter elk refuge in the State of Wyoming, $5,000, to be available until expended, and the Secretary, etc." Res. Feb. 25, 1927, ch. 205, 44 Stat. 1246, authorized the acceptance of title to certain lands in accordance with this section. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of Interior, see note under section 671 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 673a 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 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 406d-1, 406d-2, 406d-5 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 techni cal 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 406d-1, 406d-2, 406d-5 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.) CODIFICATION This section was a provision of the agricultural appropriation act for the fiscal year 1915, act June 30, 1914, which, in the first sentence, made an appropriation of $5,000 for the improvement of a game preserve in Sullys Hill National Park, the same to be available until expended. 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. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. § 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 to be bounded on the north and northwest by the waters of Devils Lake, and on the west and southwest by a stream which flows through lands uncovered by the recession of the waters of Devils Lake, approximately midway between lots 10 and 11, section 17; lots 1, 2, 6, and 8, section 16; and lot 2, section 9; lots 3, 4, and 5, section 16, township 152 north, range 65 west, fifth principal meridian, as meandered on the official plats of survey approved June 23, 1904, and June 2, 1927: Provided, That the said game preserve is to be made available to the public for recreational purposes insofar as consistent with the use of this area as a game preserve: Provided further, That hunting shall not be permitted on said game preserve. (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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 674b, 674d of this title. § 674b. Sullys Hill National Game Preserve; acquisition of additional lands. The Secretary of the Interior is authorized to acquire, by purchase or otherwise, after July 1, 1932, an area of land not to exceed three thousand acres, at an average cost of not more than $10 per acre, with the improvements thereon, situated on the east and south of said preserve as described in section 674a of this title, within sections 10, 11, 12, 13, 14, 15, 22, 23, and 24, township 152 north, range 65 west, fifth principal meridian, said lands, upon acquisition by the United States, to become a part of the Sullys Hill National Game Preserve. (Mar. 3, 1931, ch. 439, § 2, 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 674d of this title. § 674c. Same; boundary and division fences; buildings and improvements; supplies; employees. The Secretary of the Interior is authorized to construct and maintain such boundary and division fences as are required to inclose and subdivide the preserve; to construct such buildings and improvements, to install and maintain a suitable water-supply and sanitary system, to purchase such supplies, and to employ such assistants as are necessary for the maintenance of the preserve and the improvements thereon and for the accommodation of visitors thereto. (Mar. 3, 1931, ch. 439, § 3, 46 Stat. 1510; 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 674d of this title. § 674d. Same; appropriations. There is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as Congress shall from time to time deem necessary to carry out the purposes of sections 674a to 674c of this title. (Mar. 3, 1931, ch. 439, § 4, 46 Stat. 1510.) § 675. Norbeck Wildlife Preserve; establishment. There is designated as the Norbeck Wildlife Preserve such areas, not exceeding forty-six thousand acres, of the Harney National Forest, and adjoining or in the vicinity of the Custer State Park, in the State of South Dakota, as should, in the opinion of the President of the United States, be set aside for the protection of game animals and birds, and be recognized as a breeding place therefor. (June 5, 1920, ch. 247, § 1, 41 Stat. 986; June 7, 1924, ch. 324, 43 Stat. 632; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.) CODIFICATION As enacted by act June 5, 1920, this section authorized the President to designate areas not exceeding 30,000 acres, but by amendment by act June 7, 1924, the President was authorized, upon recommendation of the Secretary of Agricultre, to enlarge the area by proclamation to embrace a total of not to exceed 46,000 acres and the provisions of sections 676-678 of this title, apply with equal force to the additional area. CHANGE OF NAME The name "Custer State Park Game Sanctuary" was changed to "Norbeck Wildlife Preserve" by act Oct. 6, 1949. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 676, 678a of this title. § 676. Same; hunting, trapping, killing, or capturing game unlawful. When such areas have been designated as provided for in section 675 of this title, hunting, trapping, killing, or capturing of game animals and birds upon the lands of the United States within the limits of said areas shall be unlawful, except under such regulations as may be prescribed from time to time by the Secretary of the Interior. (June 5, 1920, ch. 247, §§ 2, 3, 41 Stat. 986; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 25, 1948, ch. 645, § 11, 62 Stat. 860.) CODIFICATION First sentence of section is from section 2 and the last from section 3 of act June 5, 1920. AMENDMENTS 1948-Act June 25, 1948, omitted penal provisions which are covered by section 41 of Title 18, Crimes and Criminal Procedure. EFFECTIVE Date of 1948 AMENDMENT Section 20 of act June 25, 1948, provided that the amendment of this section shall be effective Sept. 1, 1948. TRANSFER OF FUNCTIONS Transfer of functions of S-cretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 678a of this title. § 677. Same; inclosure. The State of South Dakota is authorized and permitted to erect and maintain a good substantial fence, inclosing in whole or in part Norbeck Wildlife Preserve. The State shall erect and maintain such gates in this fence as may be required by the authorized agents of the Federal Government in administering this game sanctuary and the adjoining national forest lands, and may erect and maintain such additional inclosures as may be agreed upon with the Secretary of the Interior. The right of the State to maintain this fence shall continue so long as Norbeck Wildlife Preserve is also given similar protection by the laws of the State of South Dakota. (June 5, 1920, ch. 247, § 4, 41 Stat. 986, 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.) CHANGE OF NAME The name "Custer State Park Game Sanctuary" was changed to "Norbeck Wildlife Preserve" by act Oct. 6, 1949. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 678a of this title. § 678. Same; exchange of lands with State of South Dakota. The Secretary of the Interior may patent to the State of South Dakota not to exceed one thousand six hundred acres of nonmineral national forest lands not otherwise appropriated or withdrawn within the areas of Norbeck Wildlife Preserve: Provided, That the State of South Dakota conveys to the Government good and sufficient title to other lands of equal value owned by the State and lying within the exterior boundaries of a national forest in the State of South Dakota and approved by the Secretary of the Interior as equally desirable for national forest purposes, the lands thus conveyed to the Government to become a part of the national forest. This shall not operate to restrict any selection rights which the State may have or may be hereafter granted, excepting as to the specific lands conveyed to the Government under authority of this section. (June 5, 1920, ch. 247, § 5, 41 Stat. 986; 1939 Reorg. Plan No. II § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.) CODIFICATION Words "upon recommendation of the Secretary of Agriculture" were omitted from the text for purposes of codification in order to conform provisions with transfer of functions from Secretary of Agriculture to the Secretary of the Interior. CHANGE OF NAME The name "Custer State Park Game Sanctuary" was changed to "Norbeck Wildlife Preserve" by act Oct. 6, 1949. TRANSFER OF FUNCTIONS Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 678a of this title. |