(b) LAWS RELATED TO NATIONAL BISON RANGE Act of August 12, 1958 (72 Stat. 561) MONTANA NATIONAL BISON RANGE SECTION 1. In order to provide adequate pasture for the display of bison in their natural habitat at a location readily available to the public, the Secretary of the Interior is authorized to procure title, in such manner as he shall consider to be in the public interest, including but not limited to, donation and the use of donated funds, not to exceed four hundred acres of land in Lake County, Montana, as he shall find to be suitable for development of a display pasture for a part of the bison herd on the Montana National Bison Range. The property so acquired shall be administered by the Secretary of the Interior as a part of the Montana National Bison Range. SAFE TITLE SEC. 2. In furtherance of the aforesaid purposes, the Secretary may take such action and make such expenditures as he shall find to be necessary in order to secure satisfactory title in the United States to such properties, including the payment of expenses incidental to the location, examination, and survey of such lands and the acquisition of title thereto; but no payment shall be made for any such lands until the title thereto shall be satisfactory to the Attorney General: Provided, That the acquisition of such lands or interests therein by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which, in the opinion of the Secretary of the Interior, will not interfere materially with the use of such properties for the purposes of this Act. 279 D. Specific authorities relating to the conservation of migratory birds 1. ACQUISITION FOR MANAGEMENT AND CONTROL OF WATERFOWL IN CALIFORNIA (LEA ACT LANDS) Act of May 18, 1948 (62 Stat. 238; 16 U.S.C. 695-695c) TABLE OF CONTENTS Sec. 1. Migratory waterfowl and other wildlife in California; participation by State. Sec. 2. Title in United States; existence of easements, reservations; affecting acquisition. Sec. 3. Applicability of Migratory Bird Conservation Act. MIGRATORY WATERFOWL AND OTHER WILDLIFE REFUGE IN CALIFORNIA; PARTICIPATION BY STATE SECTION 1. The Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable locations in the State of California, for the management and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appropriated under this authority for the acquisition of lands shall be expended for such purposes unless and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior. (May 18, 1948, c. 303, § 1, 62 Stat. 238.) TITLE IN UNITED STATES; EXISTENCE OF EASEMENTS, RESERVATIONS AFFECTING ACQUISITION SEC. 2. The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under this Act, including purchase of options when deemed necessary, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which from their nature will, in the opinion of the Secretary of the Interior, in no manner interfere with the use of the areas so encumbered for the purposes of this Act. (May 18, 1948, c. 303, § 2, 62 Stat. 238.) APPLICABILITY OF MIGRATORY BIRD CONSERVATION ACT SEC. 3. Sections 8, 9, 10, 13, 14, and 15 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222; 16 U.S.C. 715), as amended, are hereby made applicable for the purposes of this Act in the same manner and to the same extent as though they were enacted as part of this Act, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in section 10 of the Migratory Bird Conservation Act, and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of this Act subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 (49 Stat. 1555; 16 U.S.C. 703-711), as amended. (May 18, 1948, c. 363, § 3, 62 Stat. 239.) AVAILABILITY OF FUNDS FOR CONSTRUCTION SEC. 4. Funds made available under this Act or any other Act for the administration, maintenance, and development of any areas acquired under said sections, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. (May 18, 1948, c. 303, § 4, 62 Stat. 239.) 2. TULE LAKE-KLAMATH REFUGES, CALIFORNIA-OREGON Act of September 2, 1964 (78 Stat. 850; 16 U.S.C. 695k-695r) TABLE OF CONTENTS Sec. 1. Wildlife resources in Pacific flyway; Congressional policy thereon. Sec. 3. Revenues; payments. Sec. 4. Agricultural use of certain lands. Sec. 5. Maintenance of sumps. Sec. 6. Sump levels. Sec. 7. Studies. Sec. 8. Regulations. WILDLIFE RESOURCES IN PACIFIC FLYWAY; CONGRESSIONAL POLICY THEREON SECTION 1. It is hereby declared to be the policy of the Congress to stabilize the ownership of the land in the Klamath Federal reclamation project, Oregon and California, as well as the administration and management of the Klamath Federal reclamation project and the Tule Lake National Wildlife Refuge, Lower Klamath National Wildlife Refuge, Upper Klamath National Wildlife Refuge, and Clear Lake National Wildlife Refuge, to preserve intact the necessary existing habitat for migratory waterfowl in this vital area of the Pacific flyway, and to prevent depredations of migratory waterfowl on agricultural crops in the Pacific Coast States. ADMINISTRATION OF REFUGE LANDS; HOMESTEADING PROHIBITED SEC. 2. Notwithstanding any other provisions of law, all lands owned by the United States lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge, the Lower Klamath National Wildlife Refuge, the Upper Klamath National Wildlife Refuge, and the Clear Lake Wildlife Refuge are hereby dedicated to wildlife conservation. Such lands shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith. Such lands shall not be opened to homestead entry. The following public lands shall also be included within the boundaries of the area dedicated to widlife conservation, shall be administered by the Secretary of the Interior for the major purpose of waterfowl management, but with full consideration to optimum agricultural use that is consistent therewith, and shall not be opened to homestead entry: Hanks Marsh, and first form withdrawal lands (approximately one thousand four hundred and forty acres) in Klamath County, Oregon, lying adjacent to Upper Klamath National Wildlife Refuge; White Lake in Klamath County, Oregon, and Siskiyou County, California; and thirteen tracts of land in Siskiyou County, California, lettered as tracts "A", "B", "C", "D", "E", "F", “G”, “H”, “I”, "K", "L", and "N" totaling approximately three thousand two hundred and ninety-two acres, and tract "P" in Modoc County, California, containing about ten acres, all as shown on plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956, prepared by the United States Fish and Wildlife Service. All the above lands shall remain permanently the property of the United States. REVENUES; PAYMENTS SEC. 3. Subject to conditions hereafter prescribed, and pursuant to such regulations as may be issued by the Secretary, 25 per centum of the net revenues collected during each fiscal year from the leasing of Klamath project reserved Federal lands within the Executive order boundaries of the Lower Klamath National Wildlife Refuge and the Tule Lake National Wildlife Refuge shall be paid annually by the Secretary, without further authorization, for each full fiscal year after the date of this Act to the counties in which such refuges are located, such payments to be made on a pro rata basis to each county based upon the refuge acreage in each county: Provided, That the total annual payment per acre to each county shall not exceed 50 per centum of the average per acre tax levied on similar lands in private ownership in each county, as determined by the Secretary: Provided further, That no such payments shall be made which will reduce the credits or the payments to be made pursuant to contractual obligations of the United States with the Tulelake Irrigation District or the payments to the Klamath Drainage District as full reimbursement for the construction of irrigation facilities within said district, and that the priority of use of the total net revenues collected from the leasing of the lands described in this section shall be (1) to credit or pay from each revenues to the Tulelake Irrigation District the amounts already committed to such payment or credit; (2) to pay from such revenues to the Klamath Drainage District the sum of $197,315; and (3) to pay from such revenues to the counties the amounts prescribed by this section. AGRICULTURAL USE OF CERTAIN LANDS SEC. 4. The Secretary shall, consistent with proper waterfowl management, continue the present pattern of leasing the reserved lands of the Klamath Straits unit, the Southwest Sump, the League of Nations unit, the Henzel lease, and the Frog Pond unit, all within the Executive order boundaries of the Lower Klamath and Tule Lake National Wildlife Refuges and shown in plate 4 of the report entitled "Plan for Wildlife Use of Federal Lands in the Upper Klamath Basin, Oregon-California," dated April 1956. Leases for these lands shall be at a price or prices designed to obtain the maximum lease revenues. The leases shall provide for the growing of grain, forage, and soilbuilding crops, except that not more than 25 per centum of the total leased lands may be planted to row crops. All other reserved public lands included in section 2 of this Act shall continue to be managed by the Secretary for waterfowl purposes, including the growing of agricultural crops by direct planting and sharecrop agreements with local cooperators where necessary. |