§ 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. 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. 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. § 7181. 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. 11. Upper Mississippi River Wild Life and Fish Refuge 16 U.S.C. 721-731 721. Upper Mississippi River Wild Life and Fish Refuge; short title: person defined. 722. Same; acquisition of lands and water for. 723. Same; purposes of refuge; regulations by Secretary of the Interior. 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, 1989, 4 F. R. 2731, 53 Stat. 1433.) CODIFICATION Section as a combination provision, the latter portion g 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, 13, 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, 1), 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 natura: 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. Sec. 1221. Congressional declaration of policy. 1222. 12. Estuarine Areas 16 U.S.C. 1221-1226 General study and inventory of estuaries and their natural resources. (a) Estuaries included; considerations; other (b) Federal or State land acquisition or admin- (d) Authorization of appropriations. 1223. Agreements with States and subdivisions; equitable sharing of costs; development improvements; availability of appropriations; State hunting and fishing laws applicable. § 1221. Congressional declaration of policy. Congress finds and declares that many estuaries in the United States are rich in a variety of natural, commercial, and other resources, including environmental natural beauty, and are of immediate and potential value to the present and future generations of Americans. It is therefore the purpose of this chapter to provide a means for considering the need to protect, conserve, and restore these estuaries in a manner that adequately and reasonably maintains a balance between the national need for such protection in the interest of conserving the natural resources and natural beauty of the Nation and the need to develop these estuaries to further the growth and development of the Nation. In connection with the exercise of jurisdiction over the estuaries of the Nation and in consequence of the benefits resulting to the public, it is declared to be the policy of Congress to recognize, preserve, and protect the responsibilities of the States in protecting, conserving, and restoring the estuaries in the United States. (Pub. L. 90-454, § 1, Aug. 3, 1968, 82 Stat. 625.) § 1222. General study and inventory of estuaries and their natural resources. (a) Estuaries included; considerations; other applicable studies. The Secretary of the Interior, in consultation and in cooperation with the States, the Secretary of the Army, and other Federal agencies, shall conduct directly or by contract a study and inventory of the Nation's estuaries, including without limitation coastal marshlands, bays, sounds, seaward areas, lagoons, and land and waters of the Great Lakes. For the purpose of this study, the Secretary shall consider, among other matters, (1) their wildlife and recreational potential, their ecology, their value to the marine, anadromous, and shell fisheries and their esthetic value, (2) their importance to navigation, their value for flood, hurricane, and erosion control, their mineral value, and the value of submerged lands underlying the waters of the estuaries, and (3) the value of such areas for more intensive development for economic use as part of urban developments and for commercial and industrial developments. This study and inventory shall be carried out in conjunction with the comprehensive estuarine pollution study authorized by section 466c (g) of Title 33 and other applicable studies. (b) Federal or State land acquisition or administration; other protective methods. The study shall focus attention on whether any land or water area within an estuary and the Great Lakes should be acquired or administered by the Secretary or by a State or local subdivision thereof, or whether such land or water area may be protected adequately through local, State, or Federal laws or other methods without Federal land acquisition or administration. (c) Report to Congress; recommendations; authorization for acquisition of lands; consultation with States and Federal agencies; accompanying statement of views, probable effects, and major trends. The Secretary of the Interior shall, not later than January 30, 1970, submit to the Congress through the President a report of the study conducted pursuant to this section, together with any legislative recommendations, including recommendations on the feasibility and desirability of establishing a nationwide system of estuarine areas, the terms, conditions, and authorities to govern such system, and the designation and acquisition of any specific estuarine areas of national significance which he believes should be acquired by the United States. No lands within such area may be acquired until authorized by subsequent Act of Congress. Recommendations made by the Secretary for the acquisition of any estuarine area shall be developed in consultation with the States, municipalities, and other interested Federal agencies. Each such recommendation shall be accompanied by (1) expressions of any views which the interested States, municipalities, and other Federal agencies and river basin commissions may submit within sixty days after having been notified of the proposed recommendations, (2) a statement setting forth the probable effect of the recommended action on any comprehensive river basin plan that may have been adopted by Congress or that is serving as a guide for coordinating Federal programs in the basin wherein such area is located, (3) in the absence of such a plan, a statement indicating the probable effect of the recommended action on alternative beneficial users of the resources of the proposed estuarine area, and (4) a discussion of the major economic, social, and ecological trends occurring in such area. (d) Authorization of appropriations. There is authorized to be appropriated not to exceed $250,000 for fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the provisions of this section. Such sums shall be available until expended. (Pub. L. 90-454, § 2, Aug. 3, 1968, 82 Stat. 626.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1223 of this title. § 1223. Agreements with States and subdivisions; equitable sharing of costs; development improvements; availability of appropriations; State hunting and fishing laws applicable. After the completion of the general study authorized by section 1222 of this title, the Secretary of the Interior, with the approval of the President, may enter into an agreement, containing such terms and conditions as are mutually acceptable, with any State or with a political subdivision or agency thereof (if the agreement with such subdivision or agency is first approved by the Governor of the State involved or by a State agency designated for that purpose) for the permanent management, development, and administration of any area, land, or interests therein within an estuary and adjacent lands which are owned or thereafter acquired by a State or by any political subdivision thereof: Provided, That, with the approval of the Governor of the State involved or of a State agency designated for that purpose, the Secretary may also enter into such an agreement for any particular area whenever the segment of the general study applicable to that area is completed subject to the provisions of subsections (a) and (b) of section 1222 of this title. Such agreement shall, among other things, provide that the State or a political subdivision or agency thereof and the Secretary shall share in an equitable manner in the cost of managing, administering, and developing such areas, and such development may include the construction, operation, installation, and maintenance of buildings, devices, structures, recreational facilities, access roads, and other improvements, and such agreement shall be subject to the availability of appropriations. State hunting and fishing laws and regulations shall be applicable to such areas to the extent they are now or hereafter applicable. (Pub. L. 90-454, § 3, Aug. 3, 1968, 82 Stat. 627.) § 1224. Commercial and industrial development considerations; reports to Congress; recommendations. In planning for the use or development of water and land resources, all Federal agencies shall give consideration to estuaries and their natural resources, and their importance for commercial and industrial developments, and all project plans and reports affecting such estuaries and resources submitted to the Congress shall contain a discussion by the Secretary of the Interior of such estuaries and such resources and the effects of the project on them and his recommendations thereon. The Secretary of the Interior shall make his recommendations within ninety days after receipt of such plans and reports. (Pub. L. 90-454, § 4, Aug. 3, 1968, 82 Stat. 627.) § 1225. State consideration of protection and restora tion of estuaries in State comprehensive planning and proposals for financial assistance under certain Federal laws; grants: terms and conditions, prohibition against disposition of lands without approval of the Secretary. The Secretary of the Interior shall encourage States and local subdivisions thereof to consider, in their comprehensive planning and proposals for financial assistance under the Federal Aid in Wildlife Restoration Act, as amended, the Federal Aid in Fish Restoration Act, as amended, the Land and Water Conservation Fund Act of 1965, the Commercial Fisheries Research and Development Act of 1964, and the Anadromous and Great Lakes Fisheries Conservation Act of October 30, 1965, the needs and opportunities for protecting and restoring estuaries in accordance with the purposes of this chapter. In approving grants made pursuant to said laws for the acquisition of all or part of an estuarine area by a State, the Secretary shall establish such terms and conditions as he deems desirable to insure the permanent protection of such areas, including a provision that the lands or interests therein shall not be disposed of by sale, lease, donation, or exchange without the prior approval of the Secretary. (Pub. L. 90-454, § 5, Aug. 3, 1968, 82 Stat. 627.) REFERENCES IN TEXT The Federal Aid in Wildlife Restoration Act, as amended, referred to in the text, is classified to section 669 et seq. of this title. The Federal Aid in Fish Restoration Act, as amended, referred to in the text, is classified to section 777 et seq. of this title. The Land and Water Conservation Fund Act of 1965, referred to in the text, is classified to section 4601-4 et seq. of this title. The Commercial Fisheries Research and Development Act of 1964, referred to in the text, is classified to section 779 et seq. of this title. The Anadromous and Great Lakes Fisheries Conservation Act of Oct. 30, 1965, referred to in the text, is classified to section 757a et seq. of this title. § 1226. Federal agency authority to carry out Federal project within an estuary unaffected. Nothing in this chapter shall be construed to affect the authority of any Federal agency to carry out any Federal project heretofore or hereafter authorized within an estuary. (Pub. L. 90-454, § 6, Aug 3, 1968, 82 Stat. 628.) 13. Predatory Mammal Control Program 7 U.S.C. 426 § 426. Predatory and other wild animals; eradication and control; investigations, experiments, and tests by Secretary of Agriculture; cooperation with other agencies. The Secretary of Agriculture is authorized and directed to conduct such investigations, experiments, and tests as he may deem necessary in order to determine, demonstrate, and promulgate the best methods of eradication, suppression, or bringing under control on national forests and other areas of the public domain as well as on State, Territory, or privately owned lands of mountain lions, wolves. coyotes, bobcats, prairie dogs, gophers, ground squirrels, jack rabbits, and other animals injurious to |