[S. 3194]

An Act To establish the Bear River Migratory-Bird Refuge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is hereby authorized to construct, at Bear River Bay and vicinity, Utah, such dikes, ditches, spillways, buildings, and improvements as may be necessary, in his judgment, for the establishment of a suitable refuge and feeding and breeding grounds for migratory wild fowl; also to acquire, by purchase, gift, or lease, water rights and privately-owned lands, including the improvements thereon, deemed necessary by him for the purpose, or, in lieu of purchase, to compensate any owner for any damage sustained by reason of the submergence of his lands.

SEC. 2. That such lands, when acquired in accordance with the provisions of this Act, together with such lands of the United States as may be designated for the purpose by proclamations or Executive orders of the President, shall constitute the Bear River Migratory Bird Refuge and shall be maintained as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916.

SEC. 3. That no such area shall be acquired by the Secretary of Agriculture unless or until the Legislature of the State of Utah has consented to the acquisition of lands by the United States for use as a refuge for migratory wild fowl, and shall have provided for the use as a refuge for migratory wild fowl by the United States of any lands owned or controlled by the State in Bear River Bay, Utah, and vicinity, which the Secretary of Agriculture may deem necessary for such purpose, and which the Secretary of Agriculture is hereby authorized to accept on behalf of the United States; and, except in the case of a lease, no payments shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General.

SEC. 4. That the existence of a right-of-way easement or other reservation or exception in respect of such area shall not be a bar to its acquisition (1) if the Secretary of Agriculture determines that any such reservation or exception will in no manner interfere with the use of the area for the purposes of this Act, or (2) if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area, in favor of the person from whom the United States receives title, shall be subject to regulations prescribed under authority of this Act.

SEC. 5. That no person shall take, injure, or disturb any bird, or nest or egg thereof, or injure or destroy any notice, signboard, fence, dike, ditch, dam, spillway, improvement, or other property of the United States on any area acquired or received under this Act, or remove therefrom or cut, burn, injure, or destroy any grass or other

natural growth thereon, or enter, use, or occupy the refuge for any purpose, except in accordance with regulations prescribed by the Secretary of Agriculture: Provided, That at no time shall less than 60 per centum of the total acreage of the said refuge be maintained as an inviolate sanctuary for such migratory birds.

SEC. 6. (a) Any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this Act (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or of any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) All birds or animals, or parts thereof, captured, injured, or killed, and all grass and other natural growths, and nests and eggs of birds removed contrary to the provisions of this Act or any regulation made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, or removed contrary to the provisions of this Act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction.

SEC. 7. That the Secretary of Agriculture is authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including necessary investigations, and expenditures for personal services and office expenses at the seat of government and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by this Act and as may be provided for by Congress from time to time.

SEC. 8. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $350,000, or so much thereof as may be necessary to effectuate the provisions of this Act: Provided, That not to exceed $50,000 may be expended for the purchase of land, including improvements thereon. SEC. 9. That any person who shall violate or fail to comply with any provision of, or any regulation made pursuant to, this Act 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.

SEC. 10. That as used in this Act the term "person " includes an individual, partnership, association, or corporation.

Approved, April 23, 1928.

[S. J. Res. 111]

Joint Resolution Authorizing the acceptance of title to certain lands in the counties of Benton and Walla Walla, Washington, adjacent to the Columbia River bird refuge in said State established in accordance with the authority contained in Executive Order Numbered 4501, dated August 28, 1926.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture be, and he is hereby, authorized to accept, on behalf of and without expense to the United States, from the Northern Pacific Railway Company, a corporation organized and existing under the laws of the State of Wisconsin, or its authorized agents, a gift of certain lands situate in the counties of Benton and Walla Walla, State of Washington, described as lot 8, section 21, and lot 5, section 33, all in township 7 north, range 31 east, Willamette principal meridian, containing six and ninety-seven hundredths acres, more or less, including all the buildings and improvements thereon, and all rights, easements, and appurtenances thereunto appertaining: Provided, That upon the acceptance of the title to the lands above described by the United States they shall become a part of the Columbia River bird refuge established pursuant to the authority contained in Executive Order Numbered 4501, dated August 28, 1926, and shall be subject to any laws governing the administration and protection of said refuge.

Approved, February 28, 1929.

(98)

[H. R. 8120]

An Act To create within the San Bernardino National Forest in Riverside County, California, a national game preserve under the jurisdiction of the Secretary of Agriculture, and to authorize an exchange of Government land for privately owned land within the area of said preserve.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby created within the San Bernardino National Forest in Riverside County, California, for the protection of game animals, and as the recognized breeding place therefor, the Tahquitz National Game Preserve, which shall include the following lands: Sections 28, 29, 30, 31, 32, 33, 34, and 35, township 3 south, range 3 east, San Bernardino meridian; sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 4 south, range 3 east, San Bernardino meridian; and sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, and 24, township 5 south, range 3 east, San Bernardino meridian; but the establishment of this reservation shall not interfere with any existing right or withdrawals made prior to passage of this Act: Provided, That all the land with the exterior boundary of the aforesaid tract shall first become the property of the United States.

That where the Government survey has not been completed the aforesaid description shall be deemed to refer to and be determined by lines projected from the official survey.

SEC. 2. That the lands inclulded in said game preserve shall continue to be parts of the national forest and nothing contained in this Act shall prevent the Secretary of Agriculture from permitting other uses of said lands under and in conformity with the laws and rules and regulations applicable thereto so far as any such use may be consistent with the purposes for which said game preserve is established.

SEC. 3. On lands within the game preserve established in section 2 of this Act, hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any wild animals or birds for any purpose whatever upon the lands of the United States within the limits of said game preserve shall be unlawful except as hereinafter provided, and any person violating any provision of this section or any of the rules and regulations made under the provisions of this Act shall be deemed guilty of a misdemeanor and shall, upon conviction in any United States court, be fined in a sum not exceeding $500, or be imprisoned for a period not exceeding six months, or shall suffer both the fine and imprisonment, in the discretion of the court.

SEC. 4. The Secretary of Agriculture shall execute the provision of this Act, and he is hereby authorized to make all needful rules and regulations for the administration of such game preserves in accordance with the purpose of this Act, including regulations for

hunting, capturing, or killing predatory animals, such as wolves, coyotes, cougar, and other species destructive to livestock or wild life within the limits of said game preserve.

SEC. 5. Upon the recommendation of the Secretary of Agriculture the Secretary of the Interior be, and hereby is, authorized in his discretion to accept, on behalf of the United States, title to any lands in private ownership within the boundaries of the game preserve established hereby, and make exchange therefor under the provisions of the Act approved March 20, 1922 (Forty-second Statutes, page 465).

Approved, July 3, 1926.