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 the Secretary of the Interior from permitting other uses of the national forests under and in conformity with the laws and the rules and regulations applicable thereto so far as such uses may be consistent with the purposes for which such fish and game sanctuaries or refuges are authorized to be established. (Mar. 10, 1934, ch. 54, § 1, 48 Stat. 400; 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 694a, 694b of this title.

§694a. Same; hunting, pursuing, capturing, etc., unlawful.

When such fish and game sanctuaries or refuges have been established as provided in section 694 of this title, hunting, pursuing, poisoning, angling for, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, angle for, kill, or capture any wild animals or fish for any purpose whatever upon the lands of the United States within the limits of said fish and game sanctuaries or refuges shall be unlawful except as hereinafter provided. (Mar. 10, 1934, ch. 54, § 2, 48 Stat. 400; June 25, 1948, ch. 645, § 16, 62 Stat. 861.)

AMENDMENTS

1948-Act June 25, 1948, omitted the penal provisions which are now 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. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 694b of this title.

§ 694b. Same; rules and regulations; jurisdiction of States.

The Secretaries of the Interior and Commerce shall execute the provisions of this section and sections 694 and 694a of this title, and they are jointly authorized to make all needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of sections 694 to 694b of this title, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wild life or agriculture within the limits of said fish anl game sanctuaries or refugees: Provided, That the present jurisdiction of the States shall not be altered or changed without the legislative approval of such States. (Mar. 10, 1934, ch. 54, § 3, 48 Stat. 401; 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.

§ 695. Migratory waterfowl and other wildlife refuge in California; participation by State of California. The Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable locations in the State of California, for the management and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appropriated under this authority for the acquisition of lands shall be expended for such purpose unless and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior. (May 18, 1948, ch. 303, § 1, 62 Stat. 238.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695b, 695c of this title.

§ 695a. Same; title in United States; existence of easements, reservations, etc.; affecting acquisition. The Secretary of the Interior 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 sections 695 to 695c of this title, including purchase of options when deemed necessary, and expenses incident to the location, examination and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, casements, exceptions, and reservations which from their nature will, in the opinion of the Secretary of the Interior, in no manner interfere with the use of the areas so encumbered for the purposes of said sections. (May 18, 1948, ch. 303, § 2, 62 Stat. 238.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695b, 695c of this title.

695b. Same; applicability of sections 715g to 715i and 715 to 715n of this title.

Sections 715g to 7151 and 7151 to 715n of this title are made applicable for the purposes of sections 695 to 695c of this title in the same manner and to the same extent as though they were enacted as part of sections 695 to 695c of this title, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in section 7151 of this title, and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of sections 695 to 695c of this title subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918. (May 18, 1948, ch. 303, § 3, 62 Stat. 239.)

REFERENCES IN TEXT

The Migratory Bird Treaty Act of July 3, 1918, referred

to in the text, is classified to sections 703 to 711 of this title.

Sections 7151 and 715m of this title, referred to in text, were repealed by Pub. L. 89-669, § 7(d), Oct. 15, 1966, 80 Stat. 930, and are now covered by section 668dd (f) and (e) of this title, respectively.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695c of this title.

8695c. Same; availability of funds for construction of dams, buildings, etc.

Funds made available under sections 695 to 695c of this title or any other Act for the administration, maintenance, and development of any areas acquired under said sections, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. (May 18, 1948, ch. 303, § 4, 62 Stat. 239.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695b of this title.

§ 695d. Development of water supplies for waterfowl management in California; reauthorization of Central Valley Project.

The entire Central Valley project, California, heretofore authorized under the Act of August 26, 1937 (50 Stat. 844, 850), and reauthorized under the Act of October 17, 1940 (54 Stat. 1198, 1199), the Act of October 14, 1949 (63 Stat. 852), and the Act of September 26, 1950 (64 Stat. 1036), is reauthorized and declared to be for the purposes set forth in said Acts, and also for the use of the waters thereof for fish and wildlife purposes, subject to such priorities as are applicable under said Acts. (Aug. 27, 1954, ch. 1012, § 1, 68 Stat. 879.)

REFERENCES IN TEXT

The act of Aug. 26, 1937 (50 Stat. 844, 850), the act of Oct. 17, 1940 (54 Stat. 1198, 1199). the act of Oct. 14, 1949 (63 Stat. 852), and the act of Sept. 26, 1950 (64 Stat. 1036), referred to in the text of this section, are acts Aug. 26, 1937, ch. 832, 50 Stat. 844; Oct. 17, 1940, ch. 895, 54 Stat. 1198; Oct. 14, 1949, ch. 690, 63 Stat. 852; Sept. 26, 1950, ch. 1047, 64 Stat. 1036, which, except for one irrelevant provision of said act Aug. 26, 1937 (classified as a note under section 540 of Title 33, Navigation and Navigable Waters), were not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695) of this title.

§ 695e. Same; construction, operation, and maintenance of water supply development works.

The Secretary of the Interior is authorized to construct, cperate, and maintain such works on waterfowl management areas and refuges owned and operated by the State of California or the United States as may be necessary or desirable for the development of a water supply by means of wells and the recovery of drainage, and to furnish water available from such works, and water available from Central Valley project sources, for wildlife management purposes substantially in accordance with the recommendations set forth in the report of the United States

Department of the Interior entitled "Waterfowl Conservation in the Lower San Joaquin Valley, Its Relation to the, Grasslands and the Central Valley Project," dated October 1950, and such works should be developed in cooperation with the State of California. (Aug. 27, 1954, ch. 1012, § 2, 68 Stat. 879.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6951, 695g, 695h, 6951 of this title.

§ 695f. Same; construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws.

The cost of investigation, planning, and construction of the works and the delivery of water as authorized in section 695e of this title shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). (Aug. 27, 1954, ch. 1012, § 3, 68 Stat. 79.)

REFERENCES IN TEXT

The reclamation laws, including the act of June 17, 1902, 32 Stat. 388, and the acts amendatory thereof and supplementary thereto, referred to in the text of this section, are classified generally to chapter 12 of Title 43, Public Lands.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695) of this title.

8695g. Same; authorization of appropriations.

There are hereby authorized to be appropriated such funds, not to exceed $400,000, for construction of necessary works to supply water for State and federally owned and operated waterfowl management areas in the San Joaquin Valley to carry out the purposes of sections 695d to 695] of this title. (Aug. 27, 1954, ch. 1012, § 4, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695) of this title.

§ 695h. Same; ownership by State of California of works constructed.

Works constructed under the authorization of section 695e of this title, for the purpose of supplying State wildlife management areas with water, shall become the property of the State of California when constructed. (Aug. 27, 1954, ch. 1012, § 5, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695) of this title.

§695i. Same; authorization of Secretary of the Inte rior to contract for water delivery; delivery charge.

The Secretary of the Interior is authorized to contract for the delivery of water to public organizations or agencies for use within the boundaries of such organizations or agencies for waterfowl purposes in the Grasslands area of the San Joaquin Valley. If and when available, such water shall be delivered from the Central Valley project at a charge not to exceed the prevailing charge for class 2 water. (Aug. 27, 1954, ch. 1012, § 6, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695] of this title.

§ 695j. Same; conformity of water use with California laws; construction of sections 695d to 695j.

The use of all water furnished by the Secretary of the Interior under sections 695e and 6951 of this title shall be subject to and not inconsistent with the laws of the State of California relating to priorities of deliveries and use of water. Nothing contained in sections 695d to 695j of this title shall be construed as an allocation of water. (Aug. 27, 1954, ch. 1012, § 7, 68 Stat. 880.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695g of this title. § 695k. Congressional declaration of policy for preservation of habitat for migratory waterfowl and prevention of depredations on agricultural crops. It is hereby declared to be the policy of the ConTess to stabilize the ownership of the land in the Klamath Federal reclamation project, Oregon and California, as well as the administration and management of the Klamath Federal reclamation project and the Tule Lake National Wildlife Refuge, Lower Klamath National Wildlife Refuge, Upper Klamath National Wildlife Refuge, and Clear Lake National Wildlife Refuge, to preserve intact the necessary existing habitat for migratory waterfowl in this vital area of the Pacific flyway, and to prevent depredations of migratory waterfowl on agricultural crops in the Pacific Coast States. (Pub. L. 88-567, § 1, Sept. 2, 1964, 78 Stat. 850.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title. § 6954. 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 the United States.

The

Notwithstanding any other provisions of law, all lands owned by the United States lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge, the Lower Klamath National Wildlife Refuge, the Upper Klamath National Wildlife Refuge, and the Clear Lake Wildlife Refuge are hereby dedicated to wildlife conservation. Such lands shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith. Such lands shall not be opened to homestead entry. following public lands shall also be included within the boundaries of the area dedicated to wildlife conservation, shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith, and shall not be opened to homestead entry: Hanks Marsh, and first form withdrawal lands (approximately one thousand four hundred and forty acres) in Klamath County, Oregon, lying adjacent to Upper Klamath National Wildlife Refuge; White Lake in Kiamath County, Oregon, and Siskiyou County,

California; and thirteen tracts of land in Siskiyou County, California, lettered as tracts "A", "B", "C", "D", "E", "F"'', “G”, “H”, “I”, “J”, “K”, “L”, and “N" totaling approximately three thousand two hundred and ninety-two acres, and tract "P" in Modoc County, California, containing about ten acres, all as shown on plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956, prepared by the United States Fish and Wildlife Service. All the above lands shall remain permanently the property of the United States. (Pub. L. 88-567, § 2, Sept. 2, 1964, 78 Stat. 850.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695n, 695r of this title.

§ 695m. Same; annual percentage payments of net revenues from leases on pro rata basis; limitation on payments; priority of use of net revenues. Subject to conditions hereafter prescribed, and pursuant to such regulations as may be issued by the Secretary, 25 per centum of the net revenues collected during each fiscal year from the leasing of Klamath project reserved Federal lands within the Executive order boundaries of the Lower Klamath National Wildlife Refuge and the Tule Lake National Wildlife Refuge shall be paid annually by the Secretary, without further authorization, for each full fiscal year after September 2, 1964 to the counties in which such refuges are located, such payments to be made on a pro rata basis to each county based upon the refuge acreage in each county: Provided, That the total annual payment, per acre to each county shall not exceed 50 per centum of the average per acre tax levied on similar lands in private ownership in each county, as determined by the Secretary: Provided further, That no such payments shall be made which will reduce the credits or the payments to be made pursuant to contractual obligations of the United States with the Tulelake Irrigation District or the payments to the Klamath Drainage District as full reimbursement for the construction of irrigation facilities within said district, and that the priority of use of the total net revenues collected from the leasing of the lands described in this section shall be (1) to credit or pay from each revenues to the Tulelake Irrigation District the amounts already committed to such payment or credit; (2) to pay from such revenues to the Klamath Drainage District the sum of $197,315; and (3) to pay from such revenues to the counties the amounts prescribed by this section. (Pub. L. 88-567, § 3, Sept. 2, 1964, 78 Stat. 850.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 695r of this title.

§ 695n. Same; leases of Lower Klamath and Tule Lake National Wildlife Refuge reserved lands; management of other reserved public lands for waterfowl purposes.

The Secretary shall, consistent with proper waterfowl management, continue the present pattern of leasing the reserved lands of the Klamath Straits unit, the Southwest Sump, the League of Nations unit, the Henzel lease, and the Frog Pond unit, all

within the Executive order boundaries of the Lower Klamath and Tule Lake National Wildlife Refuges and shown in plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956. Leases for these lands shall be at a price or prices designed to obtain the maximum lease revenues. The leases shall provide for the growing of grain, forage, and soil-building crops, except that not more than 25 per centum of the total leased lands may be planted to row crops. All other reserved pubic lands included in section 6951 of this title shall continue to be managed by the Secretary for waterfowl purposes, including the growing of agricultural crops by direct planting and sharecrop agreements with local cooperators where necessary. (Pub. L. 88-567, § 4, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

§ 6950. Same; limitation on reduction of areas by diking or other construction.

The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to less than the existing thirteen thousand acres. (Pub. L. 88-567, § 5, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

§ 695p. Same; regulation of waters to maintain sump levels.

In carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended, or the Migratory Bird Conservation Act (45 Stat. 1222), as amended, waters under the control of the Secretary of the Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs. (Pub. L. 88-567, § 6, Sept. 2, 1964, 78 Stat. 851.)

REFERENCES IN TEXT

The Migratory Bird Treaty Act, as amended, referred to in the text, is classified to sections 703 to 711 of this title.

The Migratory Bird Conservation Act, as amended, referred to in the text, was classifed to sections 715 to 715d, 715e, 7151 to 715k, 715n to 715r and former sections 7151 and 715m of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 695r of this title. § 695q. Same; research studies; report to Congress. The Secretary is hereby directed to complete studies that have been undertaken relating to the development of the water resources and waterfowl management potential of the Clear Lake National Wildlife Refuge. The results of such studies, when completed, and the recommendations of the Secretary shall be submitted to the Congress. (Pub. L.

88-567, § 7, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 695r of this title.

§ 695r. Same; regulations.

The Secretary may prescribe such regulations as may be necessary to carry out the provisions of sections 695k to 695r of this title. (Pub. L. 88-567, § 8, Sept. 2, 1964, 78 Stat. 851.)

§ 696. National Key Deer Refuge; establishment; acquisition of property: exchanges, cash equalization payments; administration.

In order to protect and preserve in the national interest the key deer and other wildlife resources in the Florida Keys, the Secretary of the Interior is authorized to acquire by purchase, lease, exchange, and donations, including the use of donated funds, such lands or interests therein in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, as he shall find to be suitable for the con servation and management of the said key deer and other wildlife: Provided, That no lands within a one thousand-foot zone adjacent to either side of United States Highway Numbered 1 in Monroe County shall be acquired for the Key Deer National Wildlife Refuge by condemnation. The Secretary, in the exercise of his exchange authority, may accept title to any non-Federal property in townships 65 and 6 south, ranges 28, 29, and 30 east, Monroe County, Florida, and in exchange therefor convey to the grantor of such property any federally owned property in the State of Florida under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. The properties so acquired shall constitute the National Key Deer Refuge, and shall be administered by the Secretary of the Interior in accordance with the laws and regulations relating to the national wildlife refuges, including, but not limited to, sections 664, 666a, and 666b of this title, relating to the conservation of wildlife, fish, and game. (Pub. L. 85–164, § 1, Aug. 22, 1957, 71 Stat. 412; Pub. L. 89-669, § 10(a), Oct. 15, 1966, 80 Stat. 930.)

AMENDMENTS

1966 Pub. L. 89-669 eliminated one thousand acres limitation on acquisition of property, substituted prohibition against condemnation of lands within a one thousand-foot zone adjacent to either side of U.S. Highway Numbered 1 for the Key Deer National Wildlife Refuge for former prohibition against condemnation of lands on an island that is traversed at any point by U.S. Highway Numbered 1, and required cash equalization payments when making unequal exchanges of properties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 696a, 696b of this title.

§ 696a. Same; acquisition of title to properties; rightsof-way and easements.

In furtherance of the aforesaid purposes, the Secretary may take such action and make such expenditures as he shall find to be necessary in order to

secure satisfactory title in the United States to such properties, including the payment of expenses incidental to the location, examination, and survey of such lands and the acquisition of title thereto; but no payment shall be made for any such lands until the title thereto shall be satisfactory to the Attorney General: Provided, That the acquisition of such lands or interests therein by the United States shall in no case be defeated because of rights-of-ways, easements, exceptions, and reservations which, in the opinion of the Secretary of the Interior, will not interfere materially with the use of such properties for the purposes of sections 696 to 696b of this title. (Pub. L. 85-164, § 2, Aug. 22, 1957, 71 Stat. 412.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 696b of this title. § 696b. Same; authorization of appropriations; limitation.

There is hereby authorized to be appropriated from time to time out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to effectuate the purposes of sections 696 to 696b of this title. The Secretary shall not utilize more than $2,035,000 from appropriated funds for the acquisition of land and interests in land for the purposes of sections 696 to 696b of this title. (Pub. L. 85-164, § 3, Aug. 22, 1957, 71 Stat. 413; Pub. L. 89669, § 10(b), Oct. 15, 1966, 80 Stat. 930.)

AMENDMENTS

1966-Pub. L. 89-669 increased from $35,000 to $2,035,000 the limitation on funds for acquisition of land, provided for such acquisition "for the purposes of sections 696 to 696b of this title", and deleted sentence which provided that exchange by the Secretary of lands and interests therein shall not be considered an expenditure from ap

Sec.

701.

702.

propriated funds for acquisition of land.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 696a of this title.

§ 697. Wyandotte National Wildlife Refuge; establishment and designation; administration.

The islands more specifically referred to in section 697a of this title in the Detroit River are established and designated as the Wyandotte National Wildlife Refuge. The Wyandotte National Wildlife Refuge shall be administered by the Secretary of the Interior in accordance with the laws and regulations relating to national wildlife refuges, and shall be maintained as a refuge and breeding place for migratory birds and other wildlife in connection therewith. (Pub. L. 87-119, § 1, Aug. 3, 1961, 75 Stat. 243.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 697a of this title. § 697a. Same; description.

The lands referred to in section 697 of this title are more specifically described as follows:

In township 3 south, range 11 east, Michigan meridian, those federally owned islands in the Detroit River known as Grassy and Mammy Juda (or Mammajuda) Islands, together with all accretion and reliction and all soil of the bed of the Detroit River bordering on the meander lines of said islands and appurtenant thereto by reason of riparian ownership. (Pub. L. 87-119, § 2, Aug. 3, 1961, 75 Stat. 243.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 697 of this title.

703.

Taking, killing, or possessing migratory birds unlawful.

715f.

715g.

704.

Determination as to when and how migratory birds may be taken, killed, or possessed.

715h.

7151.

705.

Transportation or importation of migratory birds;

when unlawful.

706.

Arrests; search warrants.

707.

Violations and penalties; forfeitures.

708.

State or Territorial laws or regulations.

715j. 715k.

709.

Migratory birds, nests, or eggs for scientific or prop