16 U.S.C. § 695b — Applicability of certain statutes

Page 1232 TITLE 16—CONSERVATION § 694b trapping, netting, or any other means, or at- tempting to hunt, pursue, angle for, kill, or cap- ture any wild animals or fish for any purpose whatever upon the lands of the United States within the limits of said fish and game sanc- tuaries or refuges shall be unlawful except as hereinafter provided. (Mar. 10, 1934, ch. 54, § 2, 48 Stat. 400; June 25, 1948, ch. 645, § 16, 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 10 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. § 694b. Rules and regulations for administration of sanctuaries in national forests; jurisdic- tion of States The Secretaries of Agriculture and Commerce shall execute the provisions of sections 694 to 694b of this title, and they are jointly authorized to make all needful rules and regulations for the administration of such fish and game sanc- tuaries or refuges in accordance with the pur- pose of sections 694 to 694b of this title, includ- ing regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wildlife or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the present jurisdiction of the States shall not be altered or changed without the legisla- tive approval of such States. (Mar. 10, 1934, ch. 54, § 3, 48 Stat. 401.) Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with sections 694 to 694b of this title with respect to pre-construction, construc- tion, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Fed- eral Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anni- versary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 695. Migratory waterfowl and other wildlife ref- uge in California; participation by State of California The Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable lo- cations in the State of California, for the man- agement and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appro- priated under this authority for the acquisition of lands shall be expended for such purpose un- less and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior. (May 18, 1948, ch. 303, § 1, 62 Stat. 238.) § 695a. Title in United States of California refuge areas; existence of easements, reservations, etc.; affecting acquisition The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under sections 695 to 695c of this title, including purchase of op- tions when deemed necessary, and expenses inci- dent to the location, examination and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which from their nature will, in the opinion of the Secretary of the Interior, in no manner interfere with the use of the areas so encumbered for the purposes of said sections. (May 18, 1948, ch. 303, § 2, 62 Stat. 238.) § 695b. Applicability of certain statutes Sections 715g to 715i and 715l to 715n of this title are made applicable for the purposes of sec- tions 695 to 695c of this title in the same manner and to the same extent as though they were en- acted as part of sections 695 to 695c of this title, except that lands acquired hereunder may be ad- ministered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in section 715i of this title, and hunt- ing thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of sections 695 to 695c of this title subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 [16 U.S.C. 703 et seq.]. (May 18, 1948, ch. 303, § 3, 62 Stat. 239.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Treaty Act of July 3, 1918, re- ferred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II of chapter 7 (§ 703 et seq.) of this title. For complete classification Page 1233 TITLE 16—CONSERVATION § 695i of this Act to the Code, see section 710 of this title and Tables. Sections 715l and 715m of this title, referred to in text, were repealed by Pub. L. 89–669, § 7(d), Oct. 15, 1966, 80 Stat. 930. See section 668d(f) and (e) of this title. § 695c. Availability of funds for construction of dams, buildings, etc., for California refuge Funds made available under sections 695 to 695c of this title or any other Act for the admin- istration, maintenance, and development of any areas acquired under said sections, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. (May 18, 1948, ch. 303, § 4, 62 Stat. 239.) § 695d. Development of water supplies for water- fowl management in California; reauthoriza- tion of Central Valley Project The entire Central Valley project, California, heretofore authorized under the Act of August 26, 1937 (50 Stat. 844, 850), and reauthorized under the Act of October 17, 1940 (54 Stat. 1198, 1199), the Act of October 14, 1949 (63 Stat. 852), and the Act of September 26, 1950 (64 Stat. 1036), is reau- thorized and declared to be for the purposes set forth in said Acts, and also for the use of the wa- ters thereof for fish and wildlife purposes, sub- ject to such priorities as are applicable under said Acts. (Aug. 27, 1954, ch. 1012, § 1, 68 Stat. 879.) Editorial Notes REFERENCES IN TEXT Act of August 26, 1937 (50 Stat. 844, 850), Act of Octo- ber 17, 1940 (54 Stat. 1198, 1199), Act of October 14, 1949 (63 Stat. 852), and Act of September 26, 1950 (64 Stat. 1036), referred to in text, are acts Aug. 26, 1937, ch. 832, 50 Stat. 844; Oct. 17, 1940, ch. 895, 54 Stat. 1198; Oct. 14, 1949, ch. 690, 63 Stat. 852; Sept. 26, 1950, ch. 1047, 64 Stat. 1036, which were not classified to the Code. § 695e. Construction, operation, and maintenance of water supply development works The Secretary of the Interior is authorized to construct, operate, and maintain such works on waterfowl management areas and refuges owned and operated by the State of California or the United States as may be necessary or desirable for the development of a water supply by means of wells and the recovery of drainage, and to fur- nish water available from such works, and water available from Central Valley project sources, for wildlife management purposes substantially in accordance with the recommendations set forth in the report of the United States Depart- ment of the Interior entitled ‘‘Waterfowl Con- servation in the Lower San Joaquin Valley, Its Relation to the Grasslands and the Central Val- ley Project,’’ dated October 1950, and such works should be developed in cooperation with the State of California. (Aug. 27, 1954, ch. 1012, § 2, 68 Stat. 879.) § 695f. Construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws The cost of investigation, planning, and con- struction of the works and the delivery of water as authorized in section 695e of this title shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). (Aug. 27, 1954, ch. 1012, § 3, 68 Stat. 879.) Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chap- ter 12 (§ 371 et seq.) of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Ta- bles. § 695g. Authorization of appropriations There are hereby authorized to be appro- priated such funds, not to exceed $400,000, for construction of necessary works to supply water for State and federally owned and operated wa- terfowl management areas in the San Joaquin Valley to carry out the purposes of sections 695d to 695j–1 of this title. (Aug. 27, 1954, ch. 1012, § 4, 68 Stat. 879.) § 695h. Ownership by State of California of works constructed Works constructed under the authorization of section 695e of this title, for the purpose of sup- plying State wildlife management areas with water, shall become the property of the State of California when constructed. (Aug. 27, 1954, ch. 1012, § 5, 68 Stat. 879.) § 695i. Authorization of Secretary of the Interior to contract for water delivery; nonreimburs- able or nonreturnable basis of delivery The Secretary of the Interior is authorized to contract for the delivery of water to public orga- nizations or agencies for use within the bound- aries of such organizations or agencies for wa- terfowl purposes in the Grasslands area of the San Joaquin Valley. If and when available, such water shall be delivered from the Central Valley project to the contracting entity, and the cost of furnishing the water shall not be reimbursable or returnable under the Federal reclamation laws: Provided, That, in order for the delivery of such water to continue on a nonreimbursable or nonreturnable basis— (a) Amount and time of water delivery to Serv- ice the public organizations or agencies con- tracting with the Secretary of the Interior, ex- cluding the State of California, shall deliver annually to the United States Fish and Wild- life Service (hereinafter referred to as the ‘‘Service’’), at no cost to the United States, not less than three thousand five hundred acre-feet of water during the period October 1