EMPLOYMENT OF PERSONNEL SEC. 9. Out of the deductions set aside for administering and executing this Act and the Migratory Bird Conservation Act, the Secretary of the Interior is authorized to employ such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the Civil Service; to rent or construct buildings outside of the city of Washington; to purchase such supplies, materials, equipment, office fixtures, and apparatus; and to incur such travel and other expenses, including purchase, maintenance, and hire of passenger-carrying motor vehicles, as he may deem necessary for carrying out the purposes of this Act. (Sept. 2, 1937, c. 899, § 9, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) RULES AND REGULATIONS SEC. 10. The Secretary of the Interior is authorized to make rules and regulations for carrying out the provisions of this Act. (Sept. 2, 1937, c. 899, § 10, 50 Stat. 919; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) HISTORICAL NOTE Section 11 of the Act directed the Secretary of Agriculture to make an annual report to the Congress of the sum set apart in "The Federal aid to wildlife restoration fund", giving detailed information as to the projects and expenditures therefor. This section was later repealed by the Act of August 7, 1946 (60 Stat. 867). The General Appropriation Act of 1951 provides a permanent indefinite appropriation as follows: "For carrying out the provisions of the Act of September 2, 1937, as amended (16 U.S.C. 669-669j), amounts equal to the sums credited during the next preceding fiscal year and each fiscal year thereafter to the special fund created by said act." (Sept. 6, 1950, 64 Stat. 693.) 2. APPROPRIATION OF ACCUMULATED UNAPPROPRIATED RECEIPTS IN THE FEDERAL AID TO WILDLIFE RESTORATION FUND Act of August 12, 1955 (69 Stat. 698; 16 U.S.C. 669b-1) APPROPRIATION OF ACCUMULATED UNAPPROPRIATED RECEIPTS SECTION 1. There is hereby authorized to be appropriated, out of the Federal aid to wildlife restoration fund established by the Act entitled "An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes", approved September 2, 1937, as amended (16 U.S.C., secs. 669–669i), for the 1956 fiscal year and for each fiscal year thereafter, an amount equal to 20 per centum of the accumulated unappropriated receipts in such fund on the date of enactment of this Act, until the accumulated unappropriated receipts in such fund on such date have been appropriated and expended. Funds appropriated under the authority of this section shall be made available to the States in accordance with the provisions of, and under the apportionment formula set forth in, such Act of September 2, 1937, and shall be in addition to the funds appropriated under section 3 of such Act. C. Special Acts re wildlife refuges and ranges administered by the Secretary of the Interior 1. REFUGES (a) BEAR RIVER MIGRATORY BIRD REFUGE Act of April 23, 1928 (45 Stat. 448), as amended (16 U.S.C. 690-690i) TABLE OF CONTENTS Sec. 1. Establishment; acquisition of lands. Sec. 2. Maintenance as refuge and breeding place for migratory birds. Sec. 4. Existence of easements, reservations, or exceptions as barring acquisition of lands. Sec. 5. Injuries to property; disturbance of birds; violations. Sec. 6. Enforcement; forfeiture of property captured, injured, killed, or removed. Sec. 7. Expenditures by Secretary of the Interior for construction, maintenance. Sec. 9. Violations of laws and regulations; penalties. ESTABLISHMENT; ACQUISITION OF LANDS SECTION 1. The Secretary of the Interior is 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. (Apr. 23, 1928, c. 413, § 1, 45 Stat. 448; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) MAINTENANCE AS REFUGE AND BREEDING PLACE FOR MIGRATORY BIRDS SEC. 2. 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. (Apr. 28, 1928, c. 413, § 2, 45 Stat. 448.) CONSENT OF UTAH TO ACQUISITION; APPROVAL OF TITLE SEC. 3. No such area shall be acquired by the Secretary of the Interior unless or until the Legislature of the State of Utah has con sented 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 the Interior may deem necessary for such purpose, and which the Secretary of the Interior is 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. Apr. 23, 1928, c. 413, § 3, 45 Stat. 449; 1939 Reorg. Plan. No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXISTENCE OF EASEMENTS, RESERVATIONS, OR EXCEPTIONS AS BARRING ACQUISITION OF LANDS SEC. 4. 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 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. (Apr. 23, 1928, c. 413, § 4, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) INJURIES TO PROPERTY; DISTURBANCE OF BIRDS; VIOLATIONS SEC. 5. 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 the Interior: 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. (Apr. 23, 1928, c. 413, § 5, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) ENFORCEMENT; FORFEITURE OF PROPERTY CAPTURED, INJURED, KILLED OR REMOVED SEC. 6. (a) Any employee of the Department of the Interior authorized by the Secretary of the Interior 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 said section 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 said section or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (Apr. 23, 1928, c. 413, § 6, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) EXPENDITURES BY SECRETARY OF THE INTERIOR FOR CONSTRUCTION, MAINTENANCE SEC. 7. The Secretary of the Interior 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. (Apr. 23, 1928, c. 413, § 7, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) APPROPRIATION AUTHORIZATION 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. VIOLATIONS OF LAWS AND REGULATIONS; PENALTIES SEC. 9. 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. (Apr. 23, 1928, c. 413, § 9,45 Stat. 450.) "PERSON" DEFINED SEC. 10. As used in this Act the term "person" includes an individual, partnership, association, or corporation. (Apr. 23, 1928, c. 413, § 10, 45 Stat. 450.) HISTORICAL NOTE Definition of "person". Definition of "person" in any Act of Congress, unless context indicates otherwise see section 1 of Title 1, General Provisions, U.S. Code. |