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12. Estuarine Areas
16 U.S.C. 1221-1226 Sec.
their esthetic value, (2) their importance to naviga1221. Congressional declaration of policy. 1222. General study and inventory of estuarles and their
tion, their value for flood, hurricane, and erosion natural resources.
control, their mineral value, and the value of sub(a) Estuaries included; considerations; other merged lands underlying the waters of the estuaries, applicable studies.
and (3) the value of such areas for more intensive (b) Federal or State land acquisition or adminIstration; other protective methods.
development for economic use as part of urban de(c) Report to Congress; recommendations; au. velopments and for commercial and industrial de
thorization for acquisition of lands; con- velopments. This study and inventory shall be carsultation with States and Federal agen
ried out in conjunction with the comprehensive cies; accompanying statement of views, probable effects, and major trends.
estuarine pollution study authorized by section 4660 (d) Authorization of appropriations.
(g) of Title 33 and other applicable studies. 1223. Agreements with States and subdivisions; equitable sharing of costs; development improvements;
(b) Federal or State land acquisition or administraavailability of appropriations; State hunting and
tion; other protective methods. fishing laws applicable.
The study shall focus attention on whether any 1224. Commercial and industrial development considera- land or water area within an estuary and the Great
tions; reports to Congress; recommendations. 1225. State consideration of protection and restoration
Lakes should be acquired or administered by the of estuaries in State comprehensive planning and
Secretary or by a State or local subdivision thereof, proposals for financial assistance under certain or whether such land or water area may be protected Federal laws; grants: terms and conditions, pro- adequately through local, State, or Federal laws or hibition against disposition of lands without ap
other methods without Federal land acquisition or proval of the Secretary. 1226. Federal agency authority to carry out Federal proj
administration. ect within an estuary unaffected.
(c) Report to Congress; recommendations; authoriza$ 1221. Congressional declaration of policy.
tion for acquisition of lands; consultation with
States and Federal agencies; accompanying stateCongress finds and declares that many estuaries ment of views, probable effects, and major trends. in the United States are rich in a variety of natural, The Secretary of the Interior shall, not later than commercial, and other resources, including environ- January 30, 1970, submit to the Congress through the mental natural beauty, and are of immediate and President a report of the study conducted pursuant to potential value to the present and future generations this section, together with any legislative recommenof Americans. It is therefore the purpose of this
dations, including recommendations on the feasibilchapter to provide a means for considering the need
ity and desirability of establishing a nationwide systo protect, conserve, and restore these estuaries in a
tem of estuarine areas, the terms, conditions, and manner that adequately and reasonably maintains a
authorities to govern such system, and the designa
tion and acquisition of any specific estuarine areas balance between the national need for such protec
of national significance which he believes should be tion in the interest of conserving the natural re
acquired by the United States. No lands within such sources and natural beauty of the Nation and the
area may be acquired until authorized by subsequent need to develop these estuaries to further the growth
Act of Congress. Recommendations made by the and development of the Nation. In connection with
Secretary for the acquisition of any estuarine area the exercise of jurisdiction over the estuaries of the
shall be developed in consultation with the States, Nation and in consequence of the benefits resulting
municipalities, and other interested Federal agencies. to the public, it is declared to be the policy of Con
Each such recommendation shall be accompanied by gress to recognize, preserve, and protect the respon
(1) expressions of any views which the interested sibilities of the States in protecting, conserving, and
States, municipalities, and other Federal agencies & restoring the estuaries in the United States. (Pub. L.
and river basin commissions may submit within sixty 90-454, § 1, Aug. 3, 1968, 82 Stat. 625.)
days after having been notified of the proposed rec8 1222. General study and inventory of estuaries and ommendations, (2) a statement setting forth the their natural resources.
probable effect of the recommended action on any (a) Estuaries included; considerations; other appli. comprehensive river basin plan that may have been cable studies.
adopted by Congress or that is serving as a guide for The Secretary of the Interior, in consultation and
coordinating Federal programs in the basin wherein in cooperation with the States, the Secretary of the
such area is located, (3) in the absence of such a Army, and other Federal agencies, shall conduct directly or by contract a study and inventory of the
plan, a statement indicating the probable effect of Nation's estuaries, including without limitation
the recommended action on alternative beneficial coastal marshlands, bays, sounds, seaward areas,
users of the resources of the proposed estuarine area, lagoons, and land and waters of the Great Lakes. For and (4) a discussion of the major economic, social, the purpose of this study, the Secretary shall con
and ecological trends occurring in such area. sider, among other matters, (1) their wildlife and (d) Authorization of appropriations. recreational potential, their ecology, their value to There is authorized to be appropriated not to exthe marine, anadromous, and shell fisheries and
ceed $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.
8 1223. Agreements with States and subdivisions;
equitable sharing of costs; development improvements; availability of appropriations; State hunt
ing 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) or 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.) 8 1224. Commercial and industrial development consid.
erations; 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.) 8 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 & 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 4602–4 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 Conservetion 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
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426b of this title.
$ 426a. Same; appropriations.
CODIFICATION Section, act Mar. 2, 1931, ch.370, $ 2, 46 Stat. 1469, related to authorization of $1,000,000, per year for Escal years 1932-1941, inclusive.
agriculture, horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals, and birds, and for the protection of stock and other domestic animals through the suppression of rabies and tularemia in predatory or other wild animals; and to conduct campaigns for the destruction or control of such animals: Provided, That in carrying out the provisions of this section the Secretary of Agriculture may cooperate with States, individuals, and public and private agencies, organizations, and institutions. (Mar. 2, 1931, ch. 370, § 1, 46 Stat. 1468.)
TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture administered through the Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by 1939 Reorg. Plan No. II, § 4 (1), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401–404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds.
§ 426b. Same; expenditures; execution of functions by
Secretary. The Secretary of Agriculture is authorized to make such expenditures for equipment, supplies, and materials, including the employment of persons and means in the District of Columbia and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by section 426 of this title. (Mar. 2. 1931, ch. 370. $ 3. 46 Stat. 1469.)
14. Land Conservation and Utilization by the Secretary of Agriculture
To Protect Fish and Wildlife
7 U.S.C. 1010
8 1010. Land conservation and land utilization.
The Sccrctary is authorized and directed to dcvelop a program of land conscrvation and land utille zation, in order thcrcby to correct maladjustments In land use, and thus assist in controlling soll crosion, reforestation, prescrving natural resources, protecting fish and wildlife, developing and protecting recreational facilltics, mitigating floods, preventing impairment of dams and reservoirs. conserving surface and subsurface moisture, protecting the watersheds of navigablc strcams, and protecting thc public lands, health, safety, and welfare, but not to build industrial parks or establish private industrial or commercial enterprises. (July 22, 1937, ch. 517, title III, $ 31, 50 Stat. 525; Sept. 27, 1962,
Pub. L, 87-703, titic I, § 102(a), 76 Stat. 607; Nov. 8, 1966, Pub. L. 89-796, $ 1(a), 80 Stat. 1478.)
AMENDMENTS 1066–Pub. L. 80-796 Inverted "developing and protecting rccrcational facilitics,” following "protecting Ash and wildlilc.".
1062—Pub. L. 87-703 eliminated referenco to "including tho retirement of Innds which are submarginal or not prininrily sultablo por cultivation," following "land ulillzation", provided for assistnnco in protecting non and wildliic nnd prohibited tho building of industrial parks or cstablishment of private Industrial or commercial ontcrpr:scs.
SECTION RESEARED TO IN OTIIER SECTIONS This scction is referred to in scctions 1011, 1033 of this titlo; titlo 10 sections 4419, 478a; titlc 30 section 601.
15. Waterfowl Depredations Prevention
7 U.S.C. 442-446
to one or more designated locations in each State. (July 3, 1956, ch. 512, § 1, 70 Stat. 492.)
REFERENCES IN TEXT Section 446, included within the reference to sections 442–446 of this title, was repealed by Pub. L. 86–133, Aug. 4, 1959, 73 Stat. 279.
8 442. Availability of grain to prevent waterfowl dep
redations; payment of packaging, transporting, handling, and other charges. For the purpose of preventing crop damage by migratory waterfowl, the Commodity Credit Corporation shall make available to the Secretary of the Interior such wheat, corn, or other grains, acquired through price support operations and certified by the Commodity Credit Corporation to be available for purposes of sections 442 to 446 of this title or in such condition through spoilage or deterioration as not to be desirable for human consumption, as the Secretary of the Interior shall requisition pursuant to section 443 of this title. With respect to any
grain thus made available, the Commodity Credit e Corporation may pay packaging, transporting, han
dling, and other charges up to the time of delivery
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 444, 445 of this title.
§ 443. Same; requisition of grain upon finding of
threat to farmers' crops. Upon a finding by the Secretary of the Interior that any area in the United States is threatened with damage to farmers' crops by migratory waterfowl, whether or not during the open season for such migratory waterfowl, the Secretary of the Interior REFERENCES IN TEXT Section 446, included within the reference to sections 442—446 of this title, was repealed by Pub. L. 86–133, Aug. 4, 1959, 73 Stat. 279.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 442, 445 of this title.
is authorized and directed to requisition from the Commodity Credit Corporation and to make available to Federal, State, or local governmental bodies or officials, or to private organizations or persons, such grain acquired by the Commodity Credit Corporation through price-support operations in such quantities and subject to such regulations as the Secretary determines will most effectively lure migratory waterfowl away from crop depredations and at the same time not expose such migratory waterfowl to shooting over areas to which the waterfowl have been lured by such feeding programs. (July 3, 1956, ch. 512, § 2, 70 Stat. 492.)
8 445. Same; authorization of appropriations.
There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its investment in the grair. transferred pursuant to sections 442 to 446 of this title. (July 3, 1956, ch. 512, § 4, 70 Stat. 492.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 442, 444, 445 of this title.
REFERENCES IN TEXT Section 446, included within the reference to sections 442—446 of this title, was repealed by Pub. L. 86-133, Aug. 4, 1959, 73 Stat. 279.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 442, 444 of this title.
8 444. Same; reimbursement of packaging and trang.
porting expenses. With respect to all grain made available pursuant to section 443 of this title, the Commodity Credit Corporation shall be reimbursed by the Secretary of the Interior for its expenses in packaging and transporting such grain for purposes of sections 442 to 446 of this title. (July 3, 1956, ch. 512, § 3, 70 Stat. 492.)
8 446. Repealed. Pub. L. 85–133, Aug. 4, 1959, 73 Stat.
279. Section, act July 3. 1956, ch. 512, § 5, 70 Stat. 492. prescribed three years following July 3, 1956, as the expiration date for the availability of grain under sections 442-446 of this title.
16. Surplus Grain for Wildlife
7 U.S.C. 447-449
8 447. Requisition of surplus grain; prevention of
starvation of resident game birds and other resident wildlife; utilization by State agencies; reim
bursement for packaging and transporting. For the purpose of meeting emergency situations caused by adverse weather conditions or other factoi's destructive of important wildlife resources, the States are authorized, upon the request of the State fish and game authority or other State agency having similar authority and a finding by the Secretary of the Interior that any area of the United States is threatened with serious damage or loss to resident game birds and other resident wildlife from starvation, to requisition from the Commodity Credit Corporation grain acquired by the Corporation through price support operations. Such grain may thereafter be furnished to the particular State for direct and sole utilization by the appropriate State agencies for purposes of sections 447 to 449 of this title in such quantities as mutually agreed upon by the State and the Commodity Credit Corporation and subject to such regulations as may be considered desirable by the Corporation. The Corporation shall be reimbursed by the particular State in each instance for the expense of the Corporation in packaging and transporting such grain for purposes of sections 447 to 449 of this title. (Pub. L. 87-152, § 1, Aug. 17, 1961, 75 Stat. 389.)
§ 448. Same; prevention of starvation of migratory
birds; reimbursement for packaging and trans
porting. Upon a finding by the Secretary of the Interior that migratory birds are threatened with starvation in any area of the United States, the Secretary is authorized to requisition from the Commodity Credit Corporation grain acquired by that Corporation through price support operations in such quantities as may be mutually agreed upon. The Corporation shall be reimbursed by the Secretary for its expense in packaging and transporting of such grain for purposes of sections 447 to 449 of this title. (Pub. L. 87-152, § 2, Aug. 17, 1961, 75 Stat. 389.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 447, 449 of this title.
$ 449. Same; authorization of appropriations.
There are authorized to be appropriated such sums as may be necessary to reimburse the commodity Credit Corporation for its investment in grain transferred pursuant to sections 447 to 449 of this title. (Pub. L. 87-152, § 3, Aug. 17, 1961, 75 Stat. 389.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 448, 449 of this title.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 447, 448 of this title.
To provide for the granting of an easement for a public road or public toll road through the wildlife refuge located in Princess Anne County, Virginia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to convey to the Commonwealth of Virginia or to a public toll road authority which may now or hereafter be created by the Commonwealth of Virginia a permanent easement for the construction of a public road or public toll road (together with rights for such other uses as may be
customary or necessary in connection with the construction or operation of such a road) through the wildlife refuge located in Princess Anne County, Virginia, upon such terms and conditions as he may prescribe: Provided, however, That the conveyance authorized by this Act shall be made only upon payment to the United States of a sum equal to the value, as determined by the Secretary of the Interior, of the lands included therein and any such sums shall be credited to the migratory bird conservation fund and shall be available for expenditure in accordance with authorizations relating thereto.
Approved August 19, 1950.
18. Bear River Migratory Bird Refuge Act of June 3, 1966, P.L. 89-441 (80 Stat. 192-4)
To authorize conveyance of certain lands to the State of
Utah based upon fair market value.
Sec. 2. Subject to the other provisions of this Act, the Secretary of the Interior shall by quitclaim deed convey to the State of Utah all right, title, and interest of the United States in lands including brines and minerals in solution in the brines or precipitated or extracted therefrom, lying below the meander line of the Great Salt Lake in such State, as duly surveyed heretofore or in accordance with sec
tion 1 of this Act, whether such lands now are or in the future may become uncovered by the recession of the waters of said lake: Provided, however, That the provisions of this Act shall not affect (1) any valid existing rights or interests, if any, of any person, partnership, association, corporation, or other nongovernmental entity, in or to any of the lands within and below said meander line, or (2) any lands within the Bear River Migratory Bird Refuge and the Weber Basin Federal reclamation project. Such conveyance shall be made when the survey required by section 1 has been completed and the agreement required by section 6 has been made. * * *
19. Crab Orchard National Wildlife Refuge
Act of June 15, 1968, P.L.90–339 (82 Stat. 177)
To provide for the adjustment of the legislative juris
diction exercised by the United States over lands within the Crab Orchard National Wildlife Refuge in Illinois
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the obtaining or retaining of exclusive jurisdiction or any other measure of legislative jurisdiction by the United States over lands or interests therein which have been or shall hereafter be acquired as part of the Crab Orchard National Wildlife Refuge in Illinois shall not be required. The Secretary of the Interior may relinquish to the State of Illinois such measure of legislative jurisdiction as he may deem desirable over any lands or interests in the said refuge that are under his immediate jurisdiction, custody, or control. Such relinquishment of jurisdiction on the part of the United States shall be indicated by filing a notice thereof in such manner as may be pre
scribed for this purpose by the laws of the State of Illinois, and unless and until a notice is filed in accordance with such State laws, or with the Governor if the laws of such State do not prescribe another manner, it shall be conclusively presumed that no transfer of jurisdiction pursuant to this Act has taken place, nor shall any transfer of legislative jurisdiction pursuant to this Act take place unless and until the State of Illinois has accepted jurisdiction in such manner as its laws may provide. Upon a relinquishment by the United States of all of its legislative jurisdiction over said refuge to the State of Illinois, the State thereafter shall, with respect to such area, exercise the same jurisdiction which it would have had if legislative jurisdiction over such area had never been in the United States.
SEC. 2. Any civil or criminal process, lawfully issued by competent authority of the State of Illinois or political subdivision thereof may be served and executed within any area of the Crab Orchard National Wildlife Refuge under the exclusive, partial, or concurrent jurisdiction of the United States