Chapter 247. For the creation of the Custer State Park Game Sanctuary, in the State of South Dakota, and for other purposes
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CHAP. 247.— An Act For the creation of the Custer State Park Game Sanctuary, in the State of South Dakota, and for other purposes. June 5, 1920. [[H. R. 11398](/us/bill/66/hr/11398).] [[Public, No. 258](/us/pl/66/258).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Custer State Park Game Sanctuary, S. Dak.Creation of.*Post*, p. 1875. That the President of the United States is hereby authorized to designate as the Custer State Park Game Sanctuary such areas, not exceeding thirty 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 his opinion, be set aside for the protection of game animals and birds and be recognized as a breeding place therefor.
Sec. 2. That when such areas have been designated as provided forUnauthorized hunting, etc., therein, unlawful. 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; and any person violating such regulations or the provisions ofPunishment for. this Act shall be deemed guilty of a misdemeanor, and shall, upon conviction in any United States court of competent jurisdiction, be fined in a sum not exceeding $1,000, or be imprisoned for a period not exceeding one year, or shall suffer both fine and imprisonment, in the discretion of the court.
Sec. 3. That it is the purpose of this Act to protect from trespassLocal game laws not interfered with. the public lands of the United States and the game animals and birds which may be thereon, and not to interfere with the operation of the local game laws as affecting private or State lands. Sec. 4. That the State of South Dakota is hereby authorized andFencing, etc., by State. permitted to erect and maintain a good substantial fence, inclosing in whole or in part such areas as may be designated and set aside by the President under the authority of section 1.
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 fenceContinuance. shall continue so long as the area designated by the President as a game sanctuary is also given similar protection by the laws of the State of South Dakota.
Sec. 5. That upon recommendation of the Secretary of Agriculture,Patent to State of nonmineral forest lands within reserved area. 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 withdrawn within the areas set aside by the President under the authority of section 1: *Provided,**Provisos.* Lands for national forests required in exchange. 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 987 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: *Provided,* *however, *That this authority shall not operate to restrict any selectionOther selections by State not affected. 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 Act. Approved, June 5, 1920.