(j) SULLYS HILL NATIONAL GAME PRESERVE

Act of March 3, 1931 (46 Stat. 1509), as amended (16 U.S.C. 674a–674d)

TRANSFER OF CONTROL; CHANGE OF NAME TO SULLYS HILL NATIONAL GAME PRESERVE; BOUNDARIES; USE BY PUBLIC; HUNTING

SECTION 1. The Secretary of the Interior shall administer Sullys Hill National Park, together with all improvements thereon, in the State of North Dakota, as a big game preserve, refuge and breeding grounds for wild animals and birds, which shall be known as the Sullys Hill National Game Preserve and shall embrace within its boundaries the lands described in the proclamation of June 2, 1904, establishing Sullys Hill Park, together with all unsurveyed or public lands uncovered by the recession of the waters of Devils Lake in front of said reservation, the preserve to be bounded on the north and northwest by the waters of Devils Lake, and on the west and southwest by a stream which flows through lands uncovered by the recession of the waters of Devils Lake, approximately midway between lots 10 and 11, section 17; lots 1, 2, 6, and 8, section 16; and lot 2, section 9; lots 3, 4, and 5, section 16, township 152 north, range 65 west, fifth principal meridian, as meandered on the official plats of survey approved June 23, 1904, and June 2, 1927: Provided, That the said game preserve is to be made available to the public for recreational purposes in so far as consistent with the use of this area as a game preserve: Provided further, That hunting shall not be permitted on said game preserve. (Mar. 3, 1931, c. 439, § 1, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

ACQUISITION OF ADDITIONAL LANDS

SEC. 2. The Secretary of the Interior is authorized to acquire, by purchase or otherwise, after July 1, 1932, an area of land not to exceed three thousand acres, at an average cost of not more than $10 per acre, with the improvements thereon, situated on the east and south of said preserve as described in section 1 of this Act, within sections 10, 11, 12, 13, 14, 15, 22, 23, and 24, township 152 north, range 65 west, fifth principal meridian, said lands, upon acquisition by the United States, to become a part of the Sullys Hill National Game Preserve. (Mar. 3, 1931, c. 439, § 2, 46 Stat. 1509; 1939 Reorg.Plan No. II, 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

BOUNDARY AND DIVISION FENCES; BUILDINGS AND IMPROVEMENTS; SUPPLIES; EMPLOYEES

SEC. 3. The Secretary of the Interior is authorized to construct and maintain such boundary and division fences as are required to inclose and subdivide the preserve; to construct such buildings and im

provements, to install and maintain a suitable water-supply and sanitary system, to purchase such supplies, and to employ such assistants as are necessary for the maintenance of the preserve and the improvements thereon and for the accommodation of visitors thereto. (Mar. 3, 1931, c. 439, § 3, 46 Stat. 1510; 1939 Reorg.Plan No. II, §4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

APPROPRIATION

SEC. 4. There is authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated such sums as Congress shall from time to time deem necessary to carry out the purposes of this Act. (Mar. 3, 1931, c. 439, § 4, 46 Stat. 1510.)

Act of June 30, 1914 (38 Stat. 434), as amended (16 U.S.C. 674)

SULLYS HILL NATIONAL GAME PRESERVE

The Secretary of the Interior is authorized to inclose the Sullys Hill National Game Preserve with a good and substantial fence, to construct thereon all sheds, buildings, and corrals necessary for the proper care and maintenance of the animals and birds therein, to erect a suitable headquarters, to construct and maintain roads, trails, and other structures necessary for the convenience of visitors, and to incur such other expenses as may be necessary for the proper maintenance of the preserve and the animals and birds placed therein. He is also authorized to place in the park buffalos, elk, deer, and such other wild or rare animals and birds as he may in his discretion decide. (June 30, 1914, c. 131, 38 Stat. 434; Mar. 3, 1931, c. 439, § 1, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

HISTORICAL NOTE

This section was a provision of the agricultural appropriation act for the fiscal year 1915, Act June 30, 1914, which, in the first sentence, made an appropriation of $5,000 for the improvement of a game preserve in Sullys Hill National Park, the same to be available until expended.

(k) TALCOT NATIONAL WILDLIFE REFUGE EXCHANGE

Act of October 23, 1951 (65 Stat. 602)

EXCHANGE OF LANDS-MINNESOTA

SECTION 1. The Secretary of the Interior is authorized, in his discretion, to convey any lands and improvements, or interests therein, of the United States within the Talcot National Wildlife Refuge or the Beltrami Wildlife Management Area to the State of Minnesota in exchange for other lands and improvements, or interests therein, of equal value, which he deems chiefly valuable for migratory bird management purposes.

SEC. 2. Any lands acquired by the Secretary of the Interior pursuant to this Act, if located within or adjacent to an existing wildlife refuge or reservation, shall immediately become a part of such refuge or reservation and shall be administered under the laws and regulations applicable thereto; and if not so located, may be administered as migratory waterfowl management areas, refuges, reservations, or breeding grounds in accordance with the provisions of the Act of March 10, 1934, as amended (60 Stat. 1080), and Acts supplementary thereto.

HISTORICAL NOTE

This refuge was abolished on August 10, 1957, by transfer of it to the State of Minnesota in exchange for State lands within Rice Lake and Tamarac National Wildlife Refuges.

266

(1) UPPER MISSISSIPPI RIVER WILDLIFE AND FISH REFUGE

Act of June 7, 1924 (43 Stat. 650), as amended (16 U.S.C. 721-731)

SHORT TITLE

SECTION 1. This Act may be cited as "The Upper Mississippi River Wild Life and Fish Refuge Act”.

TABLE OF CONTENTS

Sec. 2. Acquisition of land and water.

Sec. 3. Purpose of refuge.

Sec.

4. Consent of State to acquisition; existing rights-of-way, easements. Sec. 5. Regulations of the Secretary of the Interior.

Sec. 8. Power of employees of Department of the Interior; searches and

Sec.

seizures.

9. Expenditures.

Sec. 10. Appropriation authorization; price per acre.

Sec. 11. Violations; punishment.

Sec. 12. Definition.

Sec. 13. Effect on other laws.

ACQUISITION OF LANDS AND WATER

SEC. 2. 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 Act. (June 7, 1924, c. 346, § 2, 43 Stat. 650; June 18, 1934, c. 602, 48 Stat. 1015; 1939 Reorg. Plan No. II, § 4(f), eff, July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

HISTORICAL NOTE

1934 Amendment.-Act June 18, 1934, amended section by eliminating the words "which are subject to overflow by such river" which appeared after the words "Mississippi River."

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.

PURPOSE OF REFUGE

SEC. 3. Any such area, when acquired in accordance with the provisions of this Act, shall become a part of the Upper Mississippi River Wild Life and Fish Refuge (hereinafter in this Act referred to as the "refuge"). 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, (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.

CONSENT OF STATES TO ACQUISITION; EXISTING RIGHTS-OF-WAY, EASEMENTS

SEC. 4. (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 this Act 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 interfere 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 Act. (June 7, 1924, c. 346, § 4, 43 Stat. 650; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

REGULATIONS OF THE SECRETARY OF THE INTERIOR

SEC. 5. 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 Act. (June 7, 1924, c. 346 § 5, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

ACTS PROHIBITED IN REFUGE

SEC. 6. 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 aquatic-animal 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. (June 7, 1924, c. 346, § 6, 43 Stat. 651; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)