452 



J 3. 43 Stat. 650: 1939 Reoig. Plan No. n. § 4 (e. f > . 

 fff. July 1, 1939. 4 F. R. 2731, 53 Slat. 1433.) 



§724. Same; consent of States to acqiiisilion; existing 

 rights-of-way, easements, and so fortli. 



(a) Such area shall not be acquired by the Secretary 

 of tlie Interior until the legislature of each State In 

 which is situated any part of the areas to be acquired 

 under section 722 of this title has consented to the 

 acquisition of such part by the United States for the 

 purposes therein stated, and, except In the case of a 

 lease, no payment shall be made by the United 

 Stat'^s for any such area until title thereto Is satis- 

 factory to the Attorney General and is vested In the 

 United States. 



(b) The existence of a right of way, easement, or 

 other reservation or exception in respect of such 

 area shall not be a bar to its acquisition (1) If the 

 Secretary of the Interior determines that any siich 

 reservation or exception will In no manner inter- 

 fere with the use of the area for the purposes for 

 which acquired, or (2) if in the deed or other con- 

 veyance It is stipulated that any reservation or ex- 

 ception 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 chapter. (June 7. 1924, ch. 346. § 4. 43 Stat. 

 650; 1939 Reorg. Plan No. II, § 4 (f) . eff. July 1, 1939. 

 4 F. R. 2731, 53 Stat. 1433.) 



§ 725. Same; regulations, and so forth, by Secretary of 

 the Interior. 



Except where It is specifically provided otherwise, 

 the Secretary of the Interior shall prescribe such 

 refiulation.s, exercise such functions, and perform 

 such duties) as may be neci^ssary to carry out th" 

 purposes of this chapter. (June 7, 1924, ch. 346, 

 J 5, 43 Stat. 651; 1939 Reorg. Plan No. II. §4 (e, f), 

 efT. July 1. 1939, 4 F. R.-2731. 53 Stat. 1433.) 



§72fi. Same; acts prohibited in refuge; commercial 

 6.shing. 



No person shall, except In accordance with regu- 

 lations prescribed by the Secretary of the Interior 

 in respect of wild birds, game animals, fur-bearing 

 animals, wild flowers, and aquatic plants, or in re- 

 spect of fish and other aquatic-animal life — 



(a) Enter the refuge for any purpose; or 



(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 any flower, plant, tree, or other natura" 

 growth, or the nest or egg of any wild bird; or 



(d) Injure or destroy any notice, sign board, fence, 

 building, or other property of the United States 

 thereon. 



Commercial fishing may, however, be conducted 

 in the waters of this refuge under regulation by the 

 Secretary of the Interior. (June 7. 1924, ch. 345. 

 55 6. 7. 43 Stat. 651; 1939 Reorg. Plan No. II, § 4 (e, 

 f), eff. July 1. 1939, 4 F. R. 2731. 53 Slac. 1433.) 



§727. Same; powers of emplojces of Department of 

 the Interior: searches and seizures. 



(a) Any employee of the Department of the In- 

 terior authorized by the Secretary of the Interior 

 to enforce the provisions of this chapter (1) shall 

 have power, without warrant, to arrest any person 

 committing In the pr^ence of such employee a viola- 

 tion of this chapter or of any regulation made pur- 

 suant to this chapter, and to take such person 

 immediately for examination or trial before an ofS- 

 cer or court of competent jurisdiction. (2) shall have 

 power to execute any warrant or other process is- 

 sued by an ofBcer or court of competent jurisdiction 

 to enforce the provisions of this chapter or regula- 

 tions made pursuant thereto, and (3) shall have au- 

 thority, with a search warrant issued by an oEQcer 

 or court of competent jurisdiction to ma'.-:e a search 

 in accordance with the terms of such warrant. Any 

 judge of a court established under the 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 birrt'5, animals, fish, or parts thereof cap- 

 tured, injured, or killed, and all flowers, plants, trees, 

 and other natural growths, and nests and eggs of 

 bird.s removed, and all Implements or paraphernaliP.. 

 including guns, fishuig equipment, and boats u.ird or 

 attempted to be used contrary to the provisions of 

 this chapter or any regulatiorvs mode 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 the Interior may by regulation 

 prescribe. 



(c) 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 730 of 

 this title, 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 in the name 

 of the United States. If such forfeiture proceedings 

 are not instituted within a reasonable time, the 

 United States attorney shall give notice thereof, and 

 the custodian shall thereupon release the articles 

 seized. (June 7. 1924. ch. 346. §8. 43 Stat. 651; 

 1939 Reorg. Plan No. II. § 4 (e. f). eff. July 1, 1939. 

 4 P. R. 2731. 53 Stat. 1433.) 



6 728. Same; expenditures. 



The Secretary of the Interior is authorized to make 

 such expenditures for construction, equipment, 

 maintenance, repairs, and improvements, including 

 expenditures for personal services at the seat of 

 government and elsewhere, as may be necessary to 

 execute the functions imposed upon him by this 

 chapter and as may be provided for by Congress 



