4. CUSTER STATE GAME SANCTUARY AND RELATED LAWS (NORBECK WILDLIFE PRESERVE)

Act of June 5, 1920 (41 Stat. 986), as amended (16 U.S.C. 675-678)

ESTABLISHMENT

SECTION 1. There is designated as the Custer State Park Game Sanctuary such areas, not exceeding forty-six thousand acres, of the Harney National Forest, and adjoining or in the vicinity of the Custer State Park, in the State of South Dakota, as should, in the opinion of the President of the United States, be set aside for the protection of game animals and birds, and be recognized as a breeding place therefor. (June 5, 1920, c. 247, § 1, 41 Stat. 986; June 7, 1924, c. 324, 43 Stat. 632.)

HISTORICAL NOTE

As amended by Act June 5, 1920, this section authorized the President to designate areas not exceeding 30,000 acres, but by amendment by Act June 7, 1924, the President was authorized, upon recommendation of Secretary of Agriculture, to enlarge the area by proclamation to embrace a total of not to exceed 46,000 acres and the provisions of sections 2, 3, 4, and 5 of this Act, apply with equal force to the additional

area.

Change of Name.-The name "Custer State Park Game Sanctuary" was changed to "Norbeck Wildlife Preserve" by section 1 of Act Oct. 6, 1949, c. 620, 63 Stat. 708.

HUNTING, TRAPPING, KILLING, OR CAPTURING GAME UNLAWFUL SEC. 2. When such areas have been designated as provided for in section 1 of this Act, hunting, trapping, killing, or capturing of game animals and birds upon the lands of the United States within the limits of said areas shall be unlawful, except under such regulations as may be prescribed from time to time by the Secretary of Agriculture. (June 5, 1920, c. 247, §§ 2, 3, 41 Stat. 986; June 25, 1948, c. 645, § 11, 62 Stat. 860.)

HISTORICAL NOTE

First sentence of section is from section 2 and the last from section 3, of Act June 5, 1920.

1948 Amendment.-Act of June 25, 1948, amended section by omitting penal provisions which are covered by section 41 of Title 18, Crimes and Criminal Procedure, U.S. Code. Effective Date of 1948 Amendment.-Section 20 of Act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

INCLOSURE

SEC. 4. The State of South Dakota is authorized and permitted to erect and maintain a good substantial fence, inclosing in whole or in part Custer State Park Game Sanctuary. The State shall erect and maintain such gates in this fence as may be required by the authorized agents of the Federal Government in administering this game sanctuary and the adjoining national forest lands, and may erect and maintain such additional inclosures as may be agreed upon with the Secretary of Agriculture. The right of the State to maintain this fence shall continue so long as Custer State Park Game Sanctuary is also given similar protection by the laws of the State of South Dakota. (June 5, 1920, c. 247, § 4, 41 Stat. 986.)

EXCHANGE OF LANDS WITH STATE OF SOUTH DAKOTA

SEC. 5. Upon recommendations of the Secretary of Agriculture, the Secretary of the Interior may patent to the State of South Dakota not to exceed one thousand six hundred acres of nonmineral national forest lands not otherwise appropriated or withdraw within the areas of Custer State Park Game Sanctuary: Provided, That the State of South Dakota conveys to the Government good and sufficient title to other lands of equal value owned by the State and lying within the exterior boundaries of a national forest in the State of South Dakota and approved by the Secretary of Agriculture as equally desirable for national forest purposes, the lands thus conveyed to the Government to become a part of the national forest. This shall not operate to restrict any selection rights which the State may have or may be hereafter granted, excepting as to the specific lands conveyed to the Government under authority of this section. (June 5, 1920, c. 247, § 5, 41 Stat. 986.)

Act of October 6, 1949 (63 Stat. 708)

CHANGE OF NAME OF CUSTER STATE PARK GAME SANCTUARY

SECTION 1. From and after the approval of this Act, that portion of the Harney National Forest in the Black Hills of South Dakota heretofore known as the Custer State Park Game Sanctuary and adjoining or in the vicinity of the Custer State Park and the Mount Rushmore National Memorial reservation and referred to in the Act of June 5, 1920 (Public Law 258 of the Sixty-sixth Congress, 41 Stat. 986), as amended, and the Act of June 24, 1948 (Public Law 747 of the Eightieth Congress, 62 Stat. 580), shall be known and designated as the Norbeck Wildlife Preserve and that all records, surveys, maps, and public documents of the United States and of the State of South Dakota in which Custer State Park Game Sanctuary is referred to shall be held to refer to the Norbeck Wildlife Preserve. (Oct. 6, 1949, § 1, 63 Stat. 708.)

Act of June 24, 1948 (62 Stat. 580; 16 U.S.C. 678a-678b)

MINING LOCATIONS; RULES AND REGULATIONS

SECTION 1. Subject to the conditions herein provided, mining locations may be made under the general mining laws of the United States. on lands of the United States situated within the exterior boundaries. of that portion of the Harney National Forest designated as the Custer State Park Game Sanctuary, South Dakota, created pursuant to the provisions of the Act of June 5, 1920 (41 Stat. 986), as amended. A locator shall have the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber, required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy: Provided, however, That the mining operations herein authorized shall be subject to such rules and regulations as the Secretary of Agriculture may deem necessary in furtherance of the purposes for which the said sanctuary was established: Provided further, That the cuttingand removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the marking rules and timber sale practices applicable to the Harney National Forest, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining and prospecting shall be allowed except under the nationalforest rules and regulations, nor shall the locator prevent or obstruct. other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development: Provided further, That the Secretary of Agriculture in his discretion may prohibit the location of mining claims within six hundred and sixty feet of any Federal, State, or country road, and within such other areas where the location of mining claims would not be in the public interest: And provided further, That no patent shall be issued by the United States on any location filed pursuant to the authority contained in this Act. (June 24, 1948, § 1, 62 Stat. 580.)

REDEFINITION OF WESTERN BOUNDARY

SEC. 2. To facilitate administration for the purpose for which the sanctuary has been established, the western boundary of the sanctuary lying north of Custer State Park is hereby redefined as follows:

Beginning at the east quarter corner of section 7, township 2 south,. range 5 east, Black Hills meridian; thence south along said section line to its intersection with a line three hundred feet north of the Horse Thief Lake Road; thence southwesterly along a line three hundred feet northwesterly from the center line of said road and running approximately parallel thereto to the intersection of said road with United States Highway 85A; thence southerly along a line three hundred feet west of United States Highway 85A and approximately

5. WILDLIFE SANCTUARIES IN OUACHITA NATIONAL FOREST

Act of June 13, 1933 (48 Stat. 128; 16 U.S.C. 693-693a)

GAME SANCTUARIES AND REFUGES IN OUACHITA NATIONAL FOREST

SECTION 1. For the purpose of providing breeding places and for the protection and administration of game animals, birds, and fish, the President of the United States as authorized, upon the recommendation of the Secretary of Agriculture, to establish by public proclamation certain specified areas within the Ouachita National Forest as game sanctuaries and refuges. (June 13, 1933, c. 63, § 1, 48 Stat. 128.)

RULES AND REGULATIONS; VIOLATIONS; PENALTIES

SEC. 2. The Secretary of Agriculture shall execute the provisions of this Act, and he is authorized to prescribe all general rules and regulations for the administration of such game sanctuaries and refuges, and violation of such rules and regulations shall be punished by fine of not more than $500 or imprisonment for not more than six months or both. (June 13, 1933, c. 63, § 2, 48 Stat. 128.)

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