I. Endangered species preservation 1. NATIONAL KEY DEER REFUGE Act of August 22, 1957 (71 Stat. 412; 16 U.S.C. 696–696b) NATIONAL KEY DEER REFUGE; ESTABLISHMENT SECTION 1. In order to protect and preserve in the national interest the Key deer and other wildlife resources in the Florida Keys, the Secretary of the Interior is authorized to acquire title, in such manner as he shall consider to be in the public interest, including but not limited to donation, the use of donated funds, and exchange for unreserved public land or interests therein when such exchanges involve properties of approximately equal value, not to exceed one thousand acres of the lands or interests therein in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, as he shall find to be suitable for the conservation and management of the said Key deer and other wildlife: Provided, however, That no land shall be acquired by condemnation on any island that is traversed at any point by United States Highway Numbered 1. The properties so acquired shall constitute the National Key Deer Refuge, and shall be administered by the Secretary of the Interior in accordance with the laws and regulations relating to the national wildlife refuges, including, but not limited to, sections 4, 7, and 8 of the Act of March 10, 1934, as amended by the Act of August 14, 1946 (60 Stat. 1080; 16 U.S.C., 1952 edition, secs. 664, 666a, and 666b), relating to the conservation of wildlife, fish, and game. (Aug. 22, 1957, § 1, 71 Stat. 412.) ACQUISITION OF TITLE TO PROPERTIES; RIGHTS-OF-WAY AND EASEMENTS 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-ofways, 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. (Aug. 22, 1957, § 2, 71 Stat. 412.) 353 AUTHORIZATION OF APPROPRIATIONS; LMITATION SEC. 3. There is authorized to be appropriated from time to time out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to effectuate the purposes of this Act. The Secretary shall not utilize more than $35,000 from appropriated funds for the acquisition of land and interests in land. For the purposes of the immediately preceding sentence, the exchange by the Secretary of lands and interests therein shall not be considered an expenditure from appropriated funds. (Aug. 22, 1957, § 3, 71 Stat. 413.) 2. NENE GOOSE PRESERVATION Act of September 2, 1958 (72 Stat. 1712) HAWAIIAN NENE GOOSE, PRESERVATION SECTION 1. Whereas there are less than fifty Nene geese in the wild state in the Territory of Hawaii, and this unique, native species of waterfowl is threatened with imminent extinction, the Secretary of the Interior is hereby authorized and directed to promote a program of research, propagation, and management necessary to effect the restoration of this threatened species in its natural habitat. (Sept. 2, 1958, § 1, 72 Stat. 1712.) APPROPRIATION SEC. 2. The sum of $15,000 per annum is hereby authorized to be appropriated each year for a period of five years to carry out the purposes of this Act. (Sept. 2, 1958, § 2, 72 Stat. 1712.) 41-802-65 -24 355 3. PROTECTION OF BALD AND GOLDEN EAGLES-BALD EAGLE PROTECTION ACT Act of June 8, 1940 (54 Stat. 250), as amended (16 U.S.C. 668-668d) BALD AND GOLDEN EAGLES; ACTS PROHIBITED; PENALTIES SECTION 1. Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this Act, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner any bald eagle commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, shall be fined not more than $500 or imprisoned not more than six months, or both: Provided, That nothing in said Act shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940 and that nothing in this Act shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle. (As amended Oct. 24, 1962, Pub. L. 87-884, 76 Stat. 1246.) HISTORICAL NOTE 1962 Amendment.-Pub. L. 87-884 extended the prohibitions against the enumerated acts to the golden eagle and changed the proviso by substituting "bald eagle". "June 8, 1940" and "and that nothing in said Act shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle" for "such eagle", "the effective date of said sections" and "but the proof of such taking shall lie upon the accused in any prosecution under said Act", respectively. 1959 Amendment.—Pub. L. 87–70 amended section to eliminate words "except the Territory of Alaska", which followed "subject to the jurisdiction thereof,". Enacting clause of Act June 8, 1940, provided: "Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and "Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and "Whereas by that Act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the "Whereas the bald eagle is now threatened with extinction: "Be it enacted ***" " Enacting clause of Act of October 24, 1962 provided: "Whereas the population of the golden eagle has declined at such an alarming rate that it is now threatened with extinction; and "Whereas the golden eagle should be preserved because of its value to agriculture in the control of rodents; and "Whereas protection of the golden eagle will afford greater protection for the bald eagle, the national symbol of the United States of America, because the bald eagle is often killed by persons mistaking it for the golden eagle: Now, therefore, be it ***," etc. TAKING AND USE FOR SCIENTIFIC, EXHIBITION AND RELIGIOUS PURPOSES SEC. 2. Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally protecting domesticated flocks and herds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior. (As amended Oct. 24, 1962, Pub. L. 87-884, 76 Stat. 1246.) INCORPORATION IN HAEC VERBA OF SECTION 706 OF THIS TITLE SEC. 3. That for the efficient execution of this Act section 5 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended by the Act of June 20, 1936 (49 Stat. 1555), shall be deemed to be incorporated herein in haec verba. DEFINITIONS SEC. 4. That as used in this Act "whoever" includes also associations, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, wound, kill, capture, trap, collect, or otherwise willfully molest or disturb; "transport" includes also ship, convey, carry, |