16 U.S.C. § 688 — Repealed. Pub. L. 95–625, title III, § 314(g),

Page 1226 TITLE 16—CONSERVATION § 685 1 So in original. Probably should be ‘‘within’’. thorizes the setting aside of areas in Wichita National Forest, while the latter authorizes areas in Grand Can- yon National Forest. The two acts have been combined to form this section and sections 685 and 686 of this title. ‘‘Wichita National Forest’’ and ‘‘Grand Canyon Na- tional Forest’’ substituted for ‘‘Wichita Forest Re- serve’’ and ‘‘Grand Canyon Forest Reserve’’, respec- tively, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. Executive Documents PRESIDENTIAL DESIGNATION; ABOLITION OF WICHITA NATIONAL FOREST The entire Wichita National Forest was designated a Game Preserve by Proclamation of June 2, 1905 (34 Stat. 3062), enlarged by Executive Order No. 7116, July 26, 1935, and designated the Wichita Mountains Wildlife Refuge by Act June 4, 1936, ch. 489, title I, § 1, 49 Stat. 1446. Proclamation No. 2211, Nov. 27, 1936 (50 Stat. 1797), revoked the proclamations of July 4, 1901 (32 Stat. 1973), May 29, 1906 (34 Stat. 3207), and Oct. 13, 1910 (36 Stat. 2754), establishing, enlarging, and modifying the Wich- ita National Forest, but did affect the Wichita Moun- tains Wildlife Refuge. The Grand Canyon National Game Preserve was es- tablished by Proclamation of Nov. 28, 1906 (34 Stat. 3263), enlarged by Proclamation of June 23, 1908 (35 Stat. 2192), and diminished by Proclamation of June 3, 1909 (36 Stat. 2496). The lands of the Grand Canyon Na- tional Forest were divided among and combined with those of the Coconino and Kaibab National Forests by Proclamation of July 2, 1908 (35 Stat. 2196). § 685. Hunting, trapping, killing, or capturing game in designated breeding areas unlawful When such areas have been designated in the Wichita National Forest as provided for in sec- tion 684 of this title, 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 the Interior. When such areas have been designated in the Grand Canyon National Forest as provided in section 684 of this title, hunting, trapping, kill- ing, or capturing of game animals 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. (Jan. 24, 1905, ch. 137, § 2, 33 Stat. 614; June 29, 1906, ch. 3593, § 2, 34 Stat. 607; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 25, 1948, ch. 645, §§ 8, 9, 62 Stat. 860.) Editorial Notes CODIFICATION Words ‘‘in the Wichita National Forest and in the Grand Canyon National Forest’’ inserted, and ‘‘Sec- retary of the Interior and Secretary of Agriculture, re- spectively’’ substituted for ‘‘Secretary of Agriculture’’ because of Reorg. Plan No. II of 1939, which transferred Bureau of Biological Survey from Department of Agri- culture to Department of the Interior. The successor to Wichita National Forest, which was then administered by that Bureau, was affected by the transfer. However, the successor to Grand Canyon National Forest was ad- ministered by Forest Service and was consequently not affected. For successors to Wichita National Forest and Grand Canyon National Forest, see Presidential Designation note set out under section 684 of this title. AMENDMENTS 1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Proce- dure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Section 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. Executive Documents TRANSFER OF FUNCTIONS Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relat- ing to conservation of wildlife, game, and migratory birds to Secretary of the Interior. § 686. Operation of local game laws not affected It is the purpose of sections 684 and 685 of this title to protect from trespass 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 af- fecting private, State, or Territorial lands. (Jan. 24, 1905, ch. 137, § 3, 33 Stat. 614; June 29, 1906, ch. 3593, § 3, 34 Stat. 607.) § 687. Grand Canyon Game Preserve included in park Such parts of the Grand Canyon National Game Preserve, designated under authority of section 684 of this title, as are by this Act in- cluded with 1 the Grand Canyon National Park are excluded and eliminated from said game pre- serve. (Feb. 26, 1919, ch. 44, § 9, 40 Stat. 1178.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Feb. 26, 1919, ch. 44, 40 Stat. 1175, which is classified principally to sub- chapter XXIV (§ 221 et seq.) of chapter 1 of this title. For complete classification of this Act to the Code, see Tables. § 688. Repealed. Pub. L. 95–625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483 Section, acts July 3, 1926, ch. 744, § 6, 44 Stat. 821; June 25, 1948, ch. 645, § 13, 62 Stat. 861, related to des- ignation of Sequoia National Game Refuge. See section 45f(b)(2) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 95–625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483, provided in part that the repeal of this section and section 45a–3 of this title is effective upon the transfer of abolished Sequoia National Game Refuge by the Sec- retary of Agriculture to the administrative jurisdiction of the Secretary of the Interior under section 45f(b)(2) of this title. WILD ANIMAL PROTECTION Pub. L. 95–625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483, provided in part that repeal of this section should Page 1227 TITLE 16—CONSERVATION § 690a 1 So in original. Probably should be ‘‘within’’. not be construed to prohibit or prevent the Secretary of the Interior from exercising any authority applica- ble to the national parks respecting protection of birds, game, or other wild animals. § 689. Tahquitz National Game Preserve There is created within the San Bernardino National Forest in Riverside County, California, for the protection of game animals, and as the recognized breeding place therefor, the Tahquitz National Game Preserve, which shall include the following lands: Sections 28, 29, 30, 31, 32, 33, 34, and 35, township 3 south, range 3 east, San Bernardino meridian; sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 4 south, range 3 east, San Bernardino meridian; and sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, and 24, township 5 south, range 3 east, San Bernardino meridian; but the estab- lishment of this reservation shall not interfere with any existing right or withdrawals made prior to July 3, 1926: Provided, That all the land with 1 the exterior boundary of the aforesaid tract shall first become the property of the United States. That where the Government survey has not been completed the aforesaid description shall be deemed to refer to and be determined by lines projected from the official survey. (July 3, 1926, ch. 776, § 1, 44 Stat. 889.) § 689a. Other uses of land permitted in Tahquitz National Game Preserve The lands included in said game preserve shall continue to be parts of the national forest and nothing contained in sections 689 to 689d of this title shall prevent the Secretary of Agriculture from permitting other uses of said lands under and in conformity with the laws and rules and regulations applicable thereto so far as any such use may be consistent with the purposes for which said game preserve is established. (July 3, 1926, ch. 776, § 2, 44 Stat. 889.) § 689b. Hunting, pursuing, capturing in Tahquitz National Game Preserve unlawful On lands within the game preserve established in section 689a of this title, hunting, pursuing, poisoning, killing, or capturing by trapping, net- ting, or any other means, or attempting to hunt, pursue, kill, or capture any wild animals or birds for any purpose whatever upon the lands of the United States within the limits of said game preserve shall be unlawful except as hereinafter provided. (July 3, 1926, ch. 776, § 3, 44 Stat. 889; June 25, 1948, ch. 645, § 14, 62 Stat. 861.) Editorial Notes AMENDMENTS 1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Proce- dure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Section 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. § 689c. Rules and regulations for administration of the Tahquitz Preserve; predatory animals The Secretary of Agriculture shall execute the provisions of sections 689 to 689d of this title, and he is authorized to make all needful rules and regulations for the administration of such game preserves in accordance with the purposes of said sections, including regulations for hunt- ing, capturing, or killing predatory animals, such as wolves, coyotes, cougar, and other spe- cies destructive to livestock or wildlife within the limits of said game preserve. (July 3, 1926, ch. 776, § 4, 44 Stat. 889.) § 689d. Acceptance of title to privately owned lands within Tahquitz Preserve Upon the recommendation of the Secretary of Agriculture the Secretary of the Interior is au- thorized in his discretion to accept, on behalf of the United States, title to any lands in private ownership within the boundaries of the game preserve established, and make exchange there- for under the provisions of sections 485 and 486 of this title. (July 3, 1926, ch. 776, § 5, 44 Stat. 889.) § 690. Bear River Migratory Bird Refuge; estab- lishment; acquisition of lands The Secretary of the Interior is authorized to construct, at Bear River Bay and vicinity, Utah, such dikes, ditches, spillways, buildings, and im- provements as may be necessary, in his judg- ment, for the establishment of a suitable refuge and feeding and breeding grounds for 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 dam- age sustained by reason of the submergence of his lands. (Apr. 23, 1928, ch. 413, § 1, 45 Stat. 448; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) Executive Documents TRANSFER OF FUNCTIONS Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relat- ing to conservation of wildlife, game, and migratory birds to Secretary of the Interior. § 690a. Maintenance of lands acquired as refuge and breeding place for migratory birds Such lands, when acquired in accordance with the provisions of sections 690 to 690i of this title, together with such lands of the United States as may be designated for the purpose by proclama- tions or Executive orders of the President, shall constitute the Bear River Migratory Bird Ref- uge 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. (Apr. 23, 1928, ch. 413, § 2, 45 Stat. 448.)