888 



mately equal the values shall be equalized by 

 the payment of cash to the grantor or to the 

 Secretary as the circumstances require. 



(c) Prohibited and permitted activities; application 

 of mining and mineral leasing laws, hunting or 

 fishing regulations, and State laws or regulations. 



No person shall knowingly disturb, injure, cut, 

 bum, remove, destroy, or possess any real or personal 

 property of the United States, including natural 

 growth, in any area of the System; or take or possess 

 any fish, bird, mammal, or other wUd vertebrate or 

 invertebrate animals or part or nest or egg thereof 

 within any such area; or enter, use, or otherwise 

 occupy any such area for any purpose; unless such 

 activities are performed by persons authorized to 

 manage such area, or unless such activities are per- 

 mitted either under subsection (d) of this section 

 or by express provision of the law, proclamation. 

 Executive order, or public land order establishing 

 the area, or amendment thereof: Provided, That 

 the United States mining and mineral leasing laws 

 shall continue to apply to any lands within the 

 System to the same extent they apply prior to Octo- 

 ber 15, 1966, unless subsequently withdrawn under 

 other authority of law. With the exception of endan- 

 gered species and threatened species listed by the 

 Secretary pursuant to section 1533 of this title in 

 States wherein a cooperative agreement does not 

 exist pursuant to section 1535(c) of this title, 

 nothing in this Act shall be construed to authorize 

 the Secretary to control or regulate hunting or fish- 

 ing of resident fish and wildlife on lands not within 

 the system. The regulations permitting hunting and 

 fishing of resident fish and wildlife within the Sys- 

 tem shall be, to the extent practicable, consistent 

 with State fish and wildlife laws and regulations. 

 The provisions of this Act shall not be construed as 

 affecting the authority, jurisdiction, or responsibility 

 of the several States to manage, control, or regulate 

 fish and resident wildlife under State law or regula- 

 tions in any area within the System. 



(d) Use of areas; administration of migratory bird 

 sanctuaries as game taking areas; rights of way, 

 easements, and reservations; payment of fair 

 market value. 



(1) The Secretary is authorized, under such reg- 

 ulations as he may prescribe, to — 



(A) permit the use of any area within the Sys- 

 tem for any purpose, including but not limited to 

 hunting, fishing, public recreation and accommo- 

 dations, and access whenever he determines that 

 such uses are compatible with the major purposes 

 for which such areas were established: Provided, 

 That not to exceed 40 per centum at any one time 

 of any area that has been, or hereafter may be ac- 

 quired, reserved, or set apart as an inviolate sanc- 

 tuary for migratory birds, under any law, 

 proclamation, Executive order, or public land order 

 may be administered by the Secretary as an area 

 within which the taking of migratory game birds 

 may be permitted under such regulations as he 

 may prescribe; and 



(B) permit the use of, or grant easements in, 



over, across, upon, through, or under any areas 

 within the System for purposes such as but not 

 necessarily limited to, powerlines, telephone lines, 

 canals, ditches, pipelines, and roads, including the 

 construction, operation, and maintenance thereof, 

 whenever he determines that such uses are com- 

 patibale with the purposes for which these areas 

 are established. 



(2) Notwithstanding any other provision of law, 

 the Secretary of the Interior may not grant to any 

 Federal, State, or local agency or to any private in- 

 dividual or organization any right-of-way, easement, 

 or reservation in, over, across, through, or under 

 any area within the system in connection with any 

 use permitted by him under paragraph (1)(B) of 

 this subsection unless the grantee pays to the Secre- 

 tary, at the option of the Secretary, either (A) in 

 lump sum the fair market value (determined by the 

 Secretary as of the date of conveyance to the 

 grantee) of the right-of-way, easement, or reserva- 

 tion; or (B) annually in advance the fair market 

 rental value (determined by the Secretary) of the 

 right-of-way, easement, or reservation. If any Fed- 

 eral, State, or local agency is exempted from such 

 payment by any other provision of Federal law, such 

 agency shall otherwise compensate the Secretary by 

 any other means agreeable to the Secretary, includ- 

 ing, but not limited to, making other land available 

 or the loan of equipment or personnel; except that 

 (A) any such compensation shall relate to, and be 

 consistent with, the objectives of the National Wild- 

 life Refuge System, and (B) the Secretary may 

 waive such requirement for compensation if he finds 

 such requirement impracticable or unnecessary. All 

 sums received by the Secretary of the Interior pur- 

 suant to this par'agraph shall, after payment of any 

 necessary expenses incurred by him in administering 

 this paragraph, be deposited into the Migratory 

 Bird Conservation Fund and shall be available to 

 carry out the provisions for land acquisition of the 

 Migratory Bird Conservation Act (16 U.S.C. 715 et 

 seq.) and the Migratory Bird Hunting Stamp Act (16 

 U.S.C. 718 et seq.). 



(e) Penalties. 



Any person who violates or falls to comply with 

 any of the provisions of this Act or any regulations 

 Issued thereunder shall be fined not more than $500 

 or be Imprisoned not more than six months, or both. 



(f) Enforcement provision; arrests, searches, and 

 seizures; custody of property; forfeitures; dispo- 

 sition. 



Any person authorized by the Secretary of the 

 Interior to enforce the provisions of this Act or any 

 regulations issued thereunder, may, without a war- 

 rant, arrest any person violating this Act or regula- 

 tions In his presence or view, and may execute any 

 warrant or other process issued by an officer or court 

 of competence jurisdiction to enforce the provisions 

 of this Act or regulations, and may with a search 

 warrant search for and seize any property, fish, 

 bird, mammal, or other wild vertebrate or inverte- 

 brate animals or part or nest or egg thereof, taken 

 or possessed in violation of this Act or the regula- 

 tions Issued thereunder. Any property, flsh, bird, 

 mammal, or other wild vertebrate or invertebrate 



