Chapter 346. To establish the Upper Mississippi River Wild Life and Fish Refuge
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CHAP. 346.— An Act To establish the Upper Mississippi River Wild Life and Fish Refuge. June 7, 1924.[[H. R. 4088](/us/bill/68/hr/4088).][[Public, No. 268](/us/68/pl/268).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Upper Mississippi River Wild Life and Fish Refuge Act. That this Act may be cited as “The Upper Mississippi River Wild Life and Fish Refuge Act.” Sec. 2. Lands to be acquired.Location. The Secretary of Agriculture is authorized and directed to acquire by purchase, gift, or lease, such areas of land, or of land and water, situated between Rock Island, Illinois, and Wabasha, Minnesota, on either side of or upon islands in the Mississippi River which are subject to overflow by such river and which are not used for agricultural purposes, as he determines suitable for the purposes of tins Act.
Sec. 3. Area made part of refuge. Any such area, when acquired in accordance with the provisions of this Act, shall become a part of the Upper Mississippi River Wild Life and Fish Refuge (hereinafter in this Act referred Purposes.to as the “refuge”). The refuge shall be established and maintained
(a)as a refuge and breeding place for migratory birds included in For migratory birds.Vol. 39, p. 1702.the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, Other wild birds, game animals, flowers, etc.1916, and
(b)to such extent as the Secretary of Agriculture may by regulations prescribe, as a refuge and breeding place for other wild birds, game animals, fur-bearing animals, and for the conservation of wild flowers and aquatic plants, and
(c)to such extent as the Secretary of Commerce may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. Sec. 4. Assent of legislatures.
(a)No such area shall be acquired by the Secretary of Agriculture until the legislature of each State in which is situated any part of the areas to be acquired under this Act has consented to the acquisition of such part by the United States for the purposes651of this Act, and, except in the case of a lease, no payment shall be made by the United States for any such area until title thereto isTitle, etc., to be secured. satisfactory to the Attorney General and is vested in the United States.
(b)The existence of a right of way, easement, or other reservationEasements permitted. or exception in respect of such area shall not be a bar to its acquisition
(1)if the Secretary of Agriculture determines that any suchConditions. reservation or exception will in no manner interfere with the use of the area for the purposes of this Act, or
(2)if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area, in favor of the person from whom the United States receives title, shall be subject to regulations prescribed under authority of this Act. Sec. 5. Except where it is specifically provided otherwise, theRegulations, etc. Secretary of Agriculture and the Secretary of Commerce shall jointly prescribe such regulations, exercise such functions, and perform such duties as may be necessary to carry out the purposes of this Act. Sec. 6. No person shall, except in accordance with regulationsProhibitions. prescribed by the Secretary of Agriculture in respect of wild birds, game animals, fur-bearing animals, wild flowers, and aquatic plants, or by the Secretary of Commerce in respect of fish and other aquatic-animal life—
(a)Enter the refuge for any purpose; orUnauthorized entrance.Disturbing, etc., any animal life on refuge.
(b)Disturb, injure, kill, or remove, or attempt to disturb, injure, kill, or remove any wild bird, game animal, fur-bearing animal, fish or other aquatic-animal life on the refuge; or
(c)Remove from the refuge, or injure or destroy thereon anyRemoving flowers, plants, nests, etc. flower, plant, tree, or other natural growth, or the nest or egg of any wild bird; or
(d)Injure or destroy any notice, sign board, fence, building, orInjuring, etc., any property. other property of the United States thereon. Sec. 7. Commercial fishing may be conducted in the waters ofCommercial fishing permitted. this refuge under regulation by the Secretary of Commerce. Sec. 8.
(a)Any employee of the Department of AgricultureAuthority of employees for inforcement. authorized by the Secretary of Agriculture to enforce the provisions of this Act, and any employee of the Department of Commerce so authorized by the Secretary of Commerce
(1)shall have power, without warrant,Arrest, etc., without warrant. to arrest any person committing in the presence of such employee a violation of this Act or of any regulation made pursuant to this Act, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction,
(2)shall haveExecute warrants, etc. power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto, and
(3)shall haveMake searches. authority, with a search warrant issued by an officer or court of competent jurisdiction to make a search in accordance with the terms of such warrant. Any judge of a court established under theIssue of warrants by judges or commissioners. laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.Summary seizures.
(b)All birds, animals, fish, or parts thereof captured, injured, or killed, and all flowers, plants, trees, and other natural growths, and nests and eggs of birds removed, and all implements or paraphernalia, including guns, fishing equipment, and boats used or attempted to be used contrary to the provisions of this Act or any regulations made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of Agriculture and the Secretary of Commerce may jointly by regulation prescribe. 652
(c)Report to district attorney. A report of the seizure shall be made to the United States attorney for the judicial district in which the seizure is made, for forfeiture either
(1)upon conviction of the offender under section Proceedings in court.11, or
(2)by proceedings by libel in rem. Such libel proceedings shall conform as near as may be to civil suits in admiralty, except that either party may demand trial by jury upon any issue of fact when the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as the finding of the court upon the facts. Libel proceedings shall be at the suit and Release if no forfeiture proceedings in reasonable time.in the name of the United States. If such forfeiture proceedings are not instituted within a reasonable tune, the United States attorney shall give notice thereof, and the custodian shall thereupon release the articles seized. Sec. 9. Expenditures authorized for construction, etc.*Post*, p. 1047.
(a)The Secretary of Agriculture and the Secretary of Commerce are authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including expenditures for personal sendees at the seat of government and elsewhere, as may be necessary to execute the functions imposed upon them by this Act and as may be provided for by Congress from time to time.
(b)Amounts authorized to be appropriated for expenditures.*Post*, p. 842. For such expenditures there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, to be available until expended, $25,000 of such sum to be available for expenditure by the Secretary of Agriculture and $25,000 by the Secretary of Commerce. Sec. 10. Amount authorized for acquiring areas.*Post*, p. 842. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and to be available until expended, the sum of $1,500,000, or so much thereof as may be necessary for the acquisition of any areas authorized by this Act to be acquired for such refuge and for all necessary expense Conditions.incident to the acquisition of such areas; but no money shall be available for the acquisition of any area until the Secretary of Agriculture has ascertained that all of the areas to be acquired under this Act will be acquired within the amounts appropriated or authorized *Post*, p. 1354.to be appropriated therefor and at an average price not in excess of $5 per acre, and not in excess of the average selling price, during the years 1921, 1922, and 1923, of comparable lands within the vicinity of such areas. Sec. 11. Punishment for violations. Any person who shall violate or fail to comply with any provision of or any regulation made pursuant to this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both. Sec. 12. Meaning of “person.” As used in this Act the term “person” includes an individual, partnership, association, or corporation. Sec. 13. No exemption of laws for improvement, etc., of Mississippi River. Nothing in this Act shall be construed as exempting any portion of the Mississippi River from the provisions of Federal laws for the improvement, preservation, and protection of navigable waters, nor as authorizing any interference with the operations of the War Department in carrying out any project now or hereafter adopted for the improvement of said river. Approved, June 7, 1924.