Chapter 413. To establish the Bear River Migratory-Bird Refuge
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Chap. 413: To establish the Bear River Migratory-Bird Refuge. Chapter 413 45 Stat. 448 1928-04-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 413.— An Act To establish the Bear River Migratory-Bird Refuge. April 23, 1928.[[S. 3194](/us/bill/70/s/3194).][[Public, No. 304](/us/pl/70/304).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary Bear River Migratory Bird Refuge, Utah.Establishment of.of Agriculture is hereby authorized to construct, at Bear River Bay and vicinity, Utah, such dikes, ditches, spillways, buildings, and improvements as may be necessary, in his judgment, for the establishment of a suitable refuge and feeding and breeding grounds for Lands, etc., to be acquired.*Post,* pp. 895, 1186, 1210.migratory wild fowl; also to acquire, by purchase, gift, or lease, water rights and privately-owned lands, including the improvements thereon, deemed necessary by him for the purpose, or, in lieu of purchase, to compensate any owner for any damage sustained by reason of the submergence of his lands.
Lands to constitute Bear River Migratory Bird Refuge. Sec. 2. That such lands, when acquired in accordance with the provisions of this Act, together with such lands of the United States as may be designated for the purpose by proclamations or Executive orders of the President, shall constitute the Bear River Migratory Bird Refuge and shall be maintained as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916. 449 Sec. 3.
That no such area shall be acquired by the Secretary of Assent of legislature required.Agriculture unless or until the Legislature of the State of Utah has consented to the acquisition of lands by the United States for use as a refuge for migratory wild fowl, and shall have provided for the use as a refuge for migratory wild fowl by the United States Acceptance of State lands.of any lands owned or controlled by the State in Bear River Bay, Utah, and vicinity, which the Secretary of Agriculture may deem necessary for such purpose, and which the Secretary of Agriculture is hereby authorized to accept on behalf of the United States; and, Title, etc., to be secured.except in the case of a lease, no payments shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General.
Sec. 4. That the existence of a right-of-way easement or other Easement permitted.reservation or exception in respect of such area shall not be a bar to its acquisition
(1)if the Secretary of Agriculture determines Conditions.that any such 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. That no person shall take, injure, or Prohibitions.disturb any bird, or nest or egg thereof, or injure or destroy any notice, signboard, fence, dike, ditch, dam, spillway, improvement, or other property of the United States on any area acquired or received under this Act, or remove therefrom or cut, burn, injure, or destroy any grass or other natural growth thereon, or enter, use, or occupy the refuge for any purpose, except in accordance with regulations prescribed by the Secretary of Agriculture: *Provided,* That at no time shall less than *Proviso.*Part to be inviolate sanctuary.60 per centum of the total acreage of the said refuge be maintained as an inviolate sanctuary for such migratory birds. Sec. 6.
(a)Any employee of the Department of Agriculture Authority of Department employees for enforcement, etc.Arrest, etc., without warrant.authorized by the Secretary of Agriculture to enforce the provisions of this Act
(1)shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or of any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and
(2)shall have power to execute Execute warrants, etc.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. Any judge of a court established under the Issue 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.
(b)All birds or Summary seizures.animals, or parts thereof, captured, injured, or killed, and all grass and other natural growths, and nests and eggs of birds removed contrary to the provisions of this Act or any regulation made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, or removed contrary to the provisions of this Act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. Sec. 7. That the Secretary of Agriculture is authorized to make Expenditures authorized for construction, equipment, etc.such expenditures for construction, equipment, maintenance, repairs, and improvements, including necessary investigations, and expenditures for personal services and office expenses at the seat of government and elsewhere, and to employ such means as may be 450necessary to execute the functions imposed upon him by this Act and as may be provided for by Congress from time to time. Amount authorized.*Post,* pp. 895, 1210. Sec. 8. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $350,000, or so much thereof as may be necessary to effectuate the *Proviso.*Limit for land.provisions of this Act: *Provided,* That not to exceed $50,000 may be expended for the purchase of land, including improvements thereon. Punishment for violations, etc. Sec. 9. That 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. 10. That as used in this Act the term “person” includes an individual, partnership, association, or corporation. Approved, April 23, 1928.
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