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 the Interior for the killing, under such restrictions as the Secretary of the Interior may by regulation prescribe, of such waterfowl when found injuring crops or other property. Any person to whom a stamp has been sold under section 718b of this title shall upon request exhibit such stamp for inspection to any officer or employee of the Department of the Interior authorized to enforce the provisions of sections 718 to 718b, and 718c to 718h of this title or to any officer of any State or any political subdivision thereof authorized to enforce game laws. (Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722.)

AMENDMENTS

1956-Act July 30, 1956, substituted "no person who has attained the age of sixteen years", for "no person over sixteen years of age".

1935-Act June 15, 1935, substituted "validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds" for "issued to him in the manner hereinafter provided," and eliminated provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior. See the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718b, 718c, 718e, 718f, 718g, 718h of this title.

§ 718b. Issuance and sale of stamps; fees; validity; expiration; redemption; definition of retail dealer. The stamps required by section 718a of this title shall be issued and sold by the Post Office Department under regulations prescribed by the Postmaster General: Provided, That the stamps shall be sold at all post offices of the first- and second-class and at such others as the Postmaster General shall direct. For each such stamp sold under the provisions of this section there shall be collected by the Post Office Department the sum of $3. No such stamp shall be valid under any circumstances to authorize the taking of migratory waterfowl except in compliance with Federal and State laws and regulations and then only when the person so taking such waterfowl shall himself have written his signature in ink across the face of the stamp prior to such taking. Each such stamp shall expire and be void after the thirtieth day of June next succeeding its issuance. The Postmaster General, pursuant to regulations to be prescribed by him, shall provide for the redemption, on or before the thirtieth day of June of each fiscal year, of blocks composed of two or more attached unused stamps issued for such year that were sold on consignment to retail dealers for resale to their customers and that have not been resold by such dealers. As used in this section, the term "retail dealers" means persons regularly engaged in the

business of retailing hunting or fishing equipment, and persons duly authorized to act as agents of a State or political subdivision thereof for the sale of State or county hunting or fishing licenses. Such stamps shall be usable as migratory-bird hunting stamps only during the fiscal year for which issued. (Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3 (b), 70 Stat. 722; Aug. 1, 1958, Pub. L. 85-585, § 1, 72 Stat. 486.)

AMENDMENTS

1958-Pub. L. 85-585 increased cost of stamp from $2 to $3.

1956-Act July 30, 1956, made it mandatory for Postmaster General to provide for redemption of unused stamps which are on consignment to retail dealers and are returned at the end of the season in blocks of two or more, added provision defining retail dealers, and added provision allowing use of stamps only during fiscal year for which issued.

1949-Act Aug. 12, 1949, increased cost of stamp from $1 to $2.

1935-Act June 15, 1935, amended section generally.

EFFECTIVE Date of 1958 AMENDMENT

Section 4 of Pub. L. 85-585 provided that: "The amendment made by the first section of this Act [to this The section] shall become effective on July 1, 1959. amendment made by section 2 of this Act [amending section 718d (a) (b) of this title] making available the net proceeds of all moneys received in the migratory bird conservation fund for the location, ascertainment, and acquisition of Waterfowl Production Areas and suitable areas for migratory bird refuges shall become effective on July 1, 1960. The remaining amendments made by this Act [adding section 718d (c) and amending section 718d (a), (b) of this title] shall become effective on the date of the enactment of this Act [Aug. 1, 1958]. Any unobligated balance remaining in the migratory bird conservation fund on June 30, 1960, shall thereafter be available for expenditure only for the purposes specified in the Migratory Bird Hunting Stamp Act of March 16, 1934 [section 718-718b, and 718c-718h of this title], as amended by this Act."

SPENDING OF STAMP MONEY

Section 1 of act Aug. 12, 1949, provided in part: "Provided, That the moneys derived from the sale of such stamps shall be spent only upon specific appropriation by the Congress."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718e, 718f, 718g. 718h of this title.

§718b-1. Disposition of unsold stamps; collectors' supply; destruction of surplus.

On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postmaster General to be (1) required to supply the market for sale to collectors, and (2) in suitable condition for such sale to collectors, shall be turned over to the Philatelic Agency and therein placed on sale. Any surplus stock of such migratory-bird hunting stamps may be destroyed in such manner as the Postmaster General shall direct. (July 30, 1956, ch. 782, § 3 (a), 70 Stat. 722.)

§ 718c. Compliance with treaty regulations and State game laws.

Nothing in sections 718 to 718b, and 718c to 718h of this title shall be construed to authorize any person to take any migratory waterfowl otherwise than

in accordance with regulations adopted and approved pursuant to any treaty heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States. (Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 718, 718a, 718e, 718f, 718g, 718h of this title.

§ 718d. Disposition of receipts from sale of stamp.

All moneys received for such stamps shall be accounted for by the Post Office Department and paid into the Treasury of the United States, and shall be reserved and set aside as a special fund to be known as the migratory bird conservation fund, to be administered by the Secretary of the Interior. All moneys received into such fund are appropriated for the following objects and shall be available therefor until expended:

(a) Advance allotments to Post Office.

So much as may be necessary shall be used by the Secretary of the Interior to make advance allotments to the Post Office Department at such times and in such amounts as may be mutually agreed upon by the Secretary of the Interior and the Postmaster General for direct expenditure by the Post Office Department for engraving, printing, issuing, selling, and accounting for migratory bird hunting stamps and moneys received from the sale thereof, in addition to expenses for personal services in the District of Columbia and elsewhere, and such other expenses as may be necessary in executing the duties and functions required of the postal service.

(b) Acquisition of bird refuges.

Except as authorized in subsection (c) of this section, the remainder shall be available for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under the provisions of the Migratory Bird Conservation Act and for the administrative costs incurred in the acquisition of such areas.

(c) Waterfowl Production Areas.

The Secretary of the Interior is authorized to utilize funds made available under subsection (b) of this section for the purposes of such subsection, and such other funds as may be appropriated for the purposes of such subsection, or of this subsection, to acquire, or defray the expense incident to the acquisition by gift, devise, lease, purchase, or exchange of, small wetland and pothole areas, interests therein, and rights-of-way to provide access thereto. Such small areas, to be designated as "Waterfowl Production Areas", may be acquired without regard to the limitations and requirements of the Migratory Bird Conservation Act, but all of the provisions of such Act which govern the administration and protection of lands acquired thereunder, except the inviolate sanctuary provisions of such Act, shall be applicable to areas acquired pursuant to this subsection. (Mar. 16, 1934, ch. 71, § 4, 48 Stat. 451; June 15, 1935, ch. 261, title I, §§ 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421,

§ 2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Aug. 1, 1958, Pub. L. 85-585, §§ 2, 3, 72 Stat. 486, 487; Oct. 15, 1966, Pub. L. 89-669, § 6, 80 Stat. 929.)

REFERENCES IN TEXT

Migratory Bird Conservation Act. referred to in subsecs. (b) and (c), is classified to sections 715-715d, 715e, 7151-715k, and 7151-715r of this title.

Such Act, referred to in subsec. (c) has reference to Migratory Bird Conservation Act.

AMENDMENTS

1966 Subsec. (b). Pub. L. 89-669 struck out provisos relating to wildlife management areas and rule making for such areas which are now covered by section 668bb (d) (1) of this title.

1958 Subsecs. (a), (b). Pub. L. 85-585 earmarked proceeds from sale of stamps, less expenses of Post Office Department in connection with fish and wildlife matters, for the acquisition of migratory bird refuges, and permitted hunting of resident game birds in designated wildlife management areas.

Subsec. (c). Pub. L. 85-585 added subsec. (c). 1951-Subsec. (a). Act Oct. 20, 1951, substituted "85 per centum" for "90 percentum".

Subsec. (b). Act Oct. 20, 1951, inserted "in enforcing" immediately following "The remainder shall be available for expenses".

1949 Subsec. (a). Act Aug. 12, 1949, added proviso. 1935-Act June 15, 1935, amended section generally.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment in part of subsecs. (a) and (b) by Pub. L. 85-585 effective on July 1, 1960, and amendment in part of subsecs. (a) and (b) and addition of subsec. (c) by Pub. L. 85-585 effective Aug. 1, 1958, see note set out under section 718b of this title.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 718a of this title.

CROSS REFERENCES

Funds appropriated pursuant to sections 715k-3 to 715k-5 of this title, to be added to, accounted and used for purposes of the migratory bird conservation fund established under this section, see section 715k-4 of this title.

Repayment of funds treated as an advance without interest to the migratory bird conservation fund, see section 715k-5 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 715k-4, 718, 718a, 718c, 718e, 718f, 718g, 718h of this title; title 25 section 564w-1.

§ 718e. Offenses.

(a) No person to whom has been sold a migratory-bird hunting stamp, validated as provided in section 718a of this title, shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.

(b) No person shall alter, mutilate, imitate, or counterfeit any stamp authorized by section 718 to 718b, and 718c to 718h of this title, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving. (Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380.)

AMENDMENTS

1935-Act June 15, 1935, amended section generally. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718f, 718g, 718h of this title.

§ 718f. Enforcement;

authority of United States judges, commissioners, and employees of Department of the Interior.

For the efficient execution of sections 718 to 718b, and 718c to 718h of this title, the judges of the several courts, established under the laws of the United States, United States commissioners, and persons appointed by the Secretary of the Interior to enforce the provisions of said sections, shall have, with respect thereto, like powers and duties as are conferred upon said judges, commissioners, and employees of the Department of the Interior by sections 703 to 711 of this title, or any other Act to carry into effect any treaty for the protection of migratory birds with respect to sections 703 to 711 of this title. Any bird or part thereof taken or possessed contrary to such sections or Acts shall, when seized, be disposed of as provided by sections 703 to 711 of this title, or Acts aforesaid. (Mar. 16, 1934, ch. 71, § 6, 48 Stat. 452; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

REFERENCES IN TEXT

Section 709, included within the references to sections 703 to 711 of this title, was omitted from this Code.

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90– 578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 718a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718e, 718g, 718h of this title.

§ 718g. Penalties.

Any person who shall violate any provision of sections 718 to 718b, and 718c to 718h of this title, or who shall violate or fail to comply with any regulation made pursuant thereto shall be subject to the penalties provided in section 707 of this title. (Mar. 16, 1934, ch. 71, § 7, 48 Stat. 452.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718e, 718f, 718h of this title.

§ 718h. Cooperation with States and Territories. The Secretary of the Interior is authorized to cooperate with the several States and Territories in the enforcement of the provisions of sections 718 to 718b, and 718c to 718h of this title. (Mar. 16, 1934, ch. 71, § 8, 48 Stat. 452; 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 718a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718a, 718c, 718e, 718f, 718g of this title.

§ 718i. Repealed. July 30, 1956, ch. 782, § 3 (c), 70 Stat. 722.

Section, act June 28, 1941, ch. 259, § 1, 55 Stat. 356, related to disposal of surplus stamps and restricted use of stamps to the fiscal year for which issued, and is now covered by sections 718b and 718b-1 of this title.

Sec.

CODIFICATION

Section is a combination provision, the first sentence being derived from section 1 and the last from section 12, of act June 7, 1924.

§ 722. Same; acquisition of lands and water for.

The Secretary of the Interior is authorized 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 not used for agricultural purposes, as he determines suitable for the purposes of this chapter, and any such area when acquired shall become a part of the Upper Mississippi River Wild Life and Fish Refuge (referred to in this chapter as the "refuge"). (June 7, 1924, ch. 346, §§ 2, 3, 43 Stat. 650; June 18, 1934, ch. 602, 48 Stat. 1015; 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 latter portion beginning with the words "and any such area," being

from section 3, and the remainder of the section from section 2 of act June 7, 1924.

AMENDMENTS

1935-Act June 18, 1934 eliminated "which are subject to overflow by such river" following "Mississippi River". TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, which is set out in the Appendix to Title 5, Government Organization and Employees, transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior.

ADDITIONAL LANDS

Act June 13, 1944, ch. 243, 58 Stat. 274, provided for the acquisition of certain tracts of land situated in Wabasha County, Minnesota.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 724, 729 of this title.

§ 723. Same; purposes of refuge; regulations by Secretary of the Interior.

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 the Interior 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 the Interior may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. (June 7, 1924, ch. 346, 3, 43 Stat. 650; 1939 Reorg. Plan No. II, § 4 (e, f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, which is set out in the Appendix to Title 5. Government Organization and Employees, transferred the Bureau of Fisheries in the Department of Commerce and its functions to the Department of the Interior; transferred the functions of the Secretary of Commerce relating to the protection of fur-bearing animals to the Secretary of the Interior; and transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior.

1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F. R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, consolidated the Bureau of Fisheries and the Bureau of Biological Survey into one agency in the Department of the Interior to be known as the Fish and Wildlife Service.

§724. Same; consent of States to acquisition; existing rights-of-way, easements, and so forth.

(a) Such area shall not be acquired by the Secretary of the Interior until the legislature of each State in which is situated any part of the areas to be acquired under section 722 of this title has consented to the acquisition of such part by the United States for the purposes therein stated, 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 the Interior determines that any such reservation or exception will in no manner inter

fere with the use of the area for the purposes for which acquired, 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 chapter. (June 7, 1924, ch. 346, § 4, 43 Stat. 650; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939. 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 725. Same; regulations, and so forth, by Secretary of the Interior.

Except where it is specifically provided otherwise, the Secretary of the Interior shall prescribe such regulations, exercise such functions, and perform such duties as may be necessary to carry out the purposes of this chapter. (June 7, 1924, ch. 346, $5, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4 (e, f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.) TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 726. Same; acts prohibited in refuge; commercial fishing.

No person shall, except in accordance with regulations prescribed by the Secretary of the Interior In respect of wild birds, game animals, fur-bearing animals, wild flowers, and aquatic plants. or in respect of fish and other aquatic-animal 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 aquaticanimal 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.

Commercial fishing may, however, be conducted in the waters of this refuge under regulation by the Secretary of the Interior. (June 7, 1924, ch. 346, §§ 6, 7, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4 (e. f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

CODIFICATION

Section is a combination of sections 6 and 7 of act June 7, 1924, the last sentence only being from section 7. TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 727. Same; powers of employees of Department of the Interior; searches and seizures.

(a) Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this chapter (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this chapter or of any regulation made pursuant to this chapter, and to take such person immediately for examination or trial before an offcer or court of competent jurisdiction, (2) shall have power to execute any warrant or other process is

sued by an officer or court of competent jurisdiction to enforce the provisions of this chapter 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 chapter 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 the Interior may 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 730 of this title, 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 attorney shall give notice thereof, and the custodian shall thereupon release the articles seized. (June 7, 1924, ch. 346, § 8, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4 (e, f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

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 upon him by this chapter and as may be provided for by Congress from time to time. (June 7, 1924, ch. 346, § 9, 43 Stat. 652; 1939 Reorg. Plan No. II, § 4 (e, f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 729. Same; price per acre.

The Secretary of the Interior shall not pay for any land or land and water a price which shall exceed an average cost of $10 per acre: Provided further, That this provision shall not apply to any land or land and water prior to May 12, 1928, acquired or contracted for under the provisions of section 722 of this title. (June 7, 1924, ch. 346, § 10, 43 Stat. 652; Mar. 4, 1925, ch. 558, 43 Stat. 1354; May 12, 1928, ch. 534, 45 Stat. 502; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 730. Same; violations of law or regulations; punishment.

Any person who shall violate or fail to comply with any provision of or any regulation made pursuant to this chapter 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. (June 7, 1924, ch. 346, § 11, 43 Stat. 652.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 727 of this title.

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

§ 731. Same; effect on other laws.

Nothing in this chapter 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 Department of the Army in carrying out any project now or hereafter adopted for the improvement of said river. (June 7, 1924, ch. 346,

§ 13, 43 Stat. 652.)

TRANSFER OF FUNCTIONS

See note under section 723 of this title.

§ 728. Same; expenditures.

The Secretary of the Interior is authorized to make such expenditures for construction, equipment,

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.