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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695] of this title.

8695j. Same; conformity of water use with California laws; construction of sections 695d to 695j.

The use of all water furnished by the Secretary of the Interior under sections 695e and 695i of this title Eshall be subject to and not inconsistent with the laws of the State of California relating to priorities of deliveries and use of water. Nothing contained in sections 695d to 695j of this title shall be construed as an allocation of water. (Aug. 27, 1954, ch. 1012, § 7, 68 Stat. 880.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695g of this title. §695k. Congressional declaration of policy for preservation of habitat for migratory waterfowl and prevention of depredations on agricultural crops. It is hereby declared to be the policy of the ConEgress 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 1 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. (Pub. L. 88-567, § 1, Sept. 2, 1964, 78 Stat. 850.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title. $6954 Same; dedication of lands within boundaries of the refuges to wildlife conservation; administration of lands for waterfowl management and optimum agricultural use; homestead entry prohibition; inclusion of other public lands; property of the United States.

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 wildlife 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 Kiamath 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”, “J”, “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. (Pub. L. 88-567, § 2, Sept. 2, 1964, 78 Stat. 850.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695n, 695r of this title.

§ 695m. Same; annual percentage payments of net revenues from leases on pro rata basis; limitation on payments; priority of use of net revenues. 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 September 2, 1964 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. (Pub. L. 88-567, § 3, Sept. 2, 1964, 78 Stat. 850.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

§ 695n. Same; leases of Lower Klamath and Tule Lake National Wildlife Refuge reserved lands; management of other reserved public lands for waterfowl purposes.

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 soil-building crops, except that not more than 25 per centum of the total leased lands may be planted to row crops. All other reserved pubic lands included in section 6951 of this title shall continue to be managed by the Secretary for waterfowl purposes, inIcluding the growing of agricultural crops by direct planting and sharecrop agreements with local cooperators where necessary. (Pub. L. 88-567, § 4, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

§ 6950. Same; limitation on reduction of areas by diking or other construction.

The areas of sumps 1(a) and 1(b) in the Klamath project lying within the Executive order boundaries of the Tule Lake National Wildlife Refuge shall not be reduced by diking or by any other construction to less than the existing thirteen thousand acres. (Pub. L. 88-567, § 5, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

§ 695p. Same; regulation of waters to maintain sump levels.

In carrying out the obligations of the United States under any migratory bird treaty, the Migratory Bird Treaty Act (40 Stat. 755), as amended, or the Migratory Bird Conservation Act (45 Stat. 1222), as amended, waters under the control of the Secretary of the Interior shall be regulated, subject to valid existing rights, to maintain sump levels in the Tule Lake National Wildlife Refuge at levels established by regulations issued by the Secretary pursuant to the contract between the United States and the Tulelake Irrigation District, dated September 10, 1956, or any amendment thereof. Such regulations shall accommodate to the maximum extent practicable waterfowl management needs. (Pub. L. 88-567, § 6, Sept. 2, 1964, 78 Stat. 851.)

REFERENCES IN TEXT

The Migratory Bird Treaty Act, as amended, referred to in the text, is classified to sections 703 to 711 of this title.

The Migratory Bird Conservation Act, as amended, referred to in the text, was classified to sections 715 to 715d, 715e, 7151 to 715k, 715n to 715r and former sections 7151 and 715m of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title. §695q. Same; research studies; report to Congress.

The Secretary is hereby directed to complete studies that have been undertaken relating to the development of the water resources and waterfowl management potential of the Clear Lake National Wildlife Refuge. The results of such studies, when completed, and the recommendations of the Secretary shall be submitted to the Congress. (Pub. L.

88-567, § 7, Sept. 2, 1964, 78 Stat. 851.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 695r of this title. § 695r. Same; regulations.

The Secretary may prescribe such regulations as may be necessary to carry out the provisions of sections 695k to 695r of this title. (Pub. L. 88-567, § 8, Sept. 2, 1964, 78 Stat. 851.)

§ 696. National Key Deer Refuge; establishment; acquisition of property: exchanges, cash equalization payments; administration.

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 by purchase, lease, exchange, and donations, including the use of donated funds, such 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, That no lands within a one thousand-foot zone adjacent to either side of United States Highway Numbered 1 in Monroe County shall be acquired for the Key Deer National Wildlife Refuge by condemnation. The Secretary, in the exercise of his exchange authority, may accept title to any non-Federal property in townships 65 and 6 south, ranges 28, 29, and 30 east, Monroe County. Florida, and in exchange therefor convey to the grantor of such property any federally owned property in the State of Florida under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. 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 664. 666a, and 666b of this title, relating to the conservation of wildlife, fish, and game. (Pub. L. 85–164, § 1. Aug. 22, 1957, 71 Stat. 412; Pub. L. 89-669, § 10(a), Oct. 15, 1966, 80 Stat. 930.)

AMENDMENTS

1966 Pub. L. 89-669 eliminated one thousand acres limitation on acquisition of property, substituted prohibition against condemnation of lands within a one thousand-foot zone adjacent to either side of U.S. Highway Numbered 1 for the Key Deer National Wildlife Refuge for former prohibition against condemnation of lands on an island that is traversed at any point by U.S. Highway Numbered 1, and required cash equalization payments when making unequal exchanges of properties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 696a, 696b of this title.

§ 696a. Same; acquisition of title to properties; rightsof-way and easements.

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 incia dental 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-ways, 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 sections 696 to 696b of this title. (Pub. L. 85-164, § 2, Aug. 22, 1957, 71 Stat. 412.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 696b of this title.

§ 696b. Same; authorization of appropriations; limitation.

There is hereby 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 sections 696 to 696b of this title. The Secretary shall not utilize more than $2,035,000 from appropriated funds for the acquisition of land and interests in land for the purposes of sections 696 to 696b of this title. (Pub. L. 85-164, § 3, Aug. 22, 1957, 71 Stat. 413; Pub. L. 89669, § 10(b), Oct. 15, 1966, 80 Stat. 930.)

AMENDMENTS

1966-Pub. L. 89-669 increased from $35,000 to $2,035,000 the limitation on funds for acquisition of land, provided for such acquisition "for the purposes of sections 696 to 696b of this title", and deleted sentence which provided that exchange by the Secretary of lands and interests therein shall not be considered an expenditure from ap

propriated funds for acquisition of land.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 696a of this title.

§ 697. Wyandotte National Wildlife Refuge; establishment and designation; administration.

The islands more specifically referred to in section 697a of this title in the Detroit River are established and designated as the Wyandotte National Wildlife Refuge. The Wyandotte National Wildlife Refuge shall be administered by the Secretary of the Interior in accordance with the laws and regulations relating to national wildlife refuges, and shall be maintained as a refuge and breeding place for migratory birds and other wildlife in connection therewith. (Pub. L. 87-119, § 1, Aug. 3, 1961, 75 Stat. 243.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 697a of this title. § 697a. Same; description.

The lands referred to in section 697 of this title are more specifically described as follows:

In township 3 south, range 11 east, Michigan meridian, those federally owned islands in the Detroit River known as Grassy and Mammy Juda (or Mammajuda) Islands, together with all accretion and reliction and all soil of the bed of the Detroit River bordering on the meander lines of said islands and appurtenant thereto by reason of riparian ownership. (Pub. L. 87-119, § 2, Aug. 3, 1961, 75 Stat. 243.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 697 of this title.

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$701. Game and wild birds; preservation.

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this section and section 667e of this title, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this section and section 667e of this title, is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of the Interior shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such

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§ 702. Importation of eggs of game birds for propa. gation.

The Secretary of the Interior shall have the power to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the importation of eggs of said birds for such purposes. (June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 701 of this title.

MIGRATORY BIRD TREATY

§ 703. Taking, killing, or possessing migratory birds unlawful.

Unless and except as permitted by regulations made as hereinafter provided in sections 703 to 711 of this title, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, or any part, nest, or egg of any such birds, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), and the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936. (July 3, 1918, ch. 128, § 2, 40 Stat. 755: June 20, 1936, ch. 634, § 3, 49 Stat. 1556.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

EFFECTIVE DATE OF 1936 AMENDMENT

Section 1 of act June 20, 1936, provided that the amend ment of this section and sections 704, 705, 707, 708 and the addition of section 709a of this title by that act, shall become effective as of the day on which the Presi dent shall proclaim the exchange of ratifications of the convention between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, or on June 20, 1986, "whichever date is later". Such proclamation was made on June 30, 1937.

APPROPRIATION

Authorization of appropriation see section 709a of this

title

SECTION REFERRED TO IN OTHER SECTIONS The sin is referred to in sections 459a-1, 668d, 704 706 707 78 79 70 71 718, 718′ of this title.

AMENDMENTS

1888. Act Dane M. 1856 made changes in phraseology

SPOTION RESKED TO IN DC. COOK The s*** s refered to section 22-1628 of the

§ 704. Determination as to when and how migratory birds may be taken, killed, or possessed.

Subject to the provisions and in order to carry out the purposes of the conventions, referred to in section 703 of this title, the Secretary of the Interior is authorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the conventions to allow hunting, taking, capture, killing, possession, sale, purchase, shipment. transportation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations, which regulations shall become effective when approved by the President. (July 3, 1918, ch. 128, § 3, 40 Stat. 755; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

AMENDMENTS

1936-Act June 20, 1936, substituted "conventions" for "convention" wherever appearing.

EFFECTIVE DATE OF 1936 AMENDMENT

Section effective June 30, 1937, see section 1 of act of June 20, 1936, set out as a note.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior see note under section 701 of this title.

DELEGATION OF FUNCTIONS

For delegation to the Secretary of the Interior of authority vested in the President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F. R. 973, set out as a note following section 715) of Title 15, Commerce and Trade.

Secretary of the Interior empowered to promulgate regulations under this section without the approval, ratification, or other action of the President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3. The President.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 668d, 703, 706, 707, 708, 709a, 710, 711, 718 718f of this title. SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 22-1628 of the District of Columbia Code.

$705. Transportation or importation of migratory birds; when unlawful.

It shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Territory, or district to or through another State, Territory, or district, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or district in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried. (July 3, 1918, ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff.

July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Dec. 5, 1969, Pub. L. 91-135, § 10, 83 Stat. 282.)

AMENDMENTS

1969-Pub. L. 91-135 repealed the second par., which prohibited the shipment of wild game mammals or parts thereof by any person of the United States to and from Mexico, except by permit from the Secretary of the Interior.

1936-Act June 20, 1936, added last sentence.

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of this title.

EFFECTIVE DATE OF 1936 AMENDMENT

Section effective June 30, 1987, see section 1 of act June 20, 1936, set out as a note under section 703 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 668d, 703, 706, 707, 708, 709a, 710, 711, 718, 718f of this title. § 706. Arrests; search warrants.

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of sections 703 to 711 of this title shall have power, without warrant, to arrest any person committing a violation of said sections in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of said sections; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of said sections or of any regulations made pursuant thereto shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of said sections or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (July 3, 1918, ch. 128, § 5, 40 Stat. 756; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever

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