Page:United States Statutes at Large Volume 45 Part 1.djvu/500

This page needs to be proofread.

SEVENTIETH CONGRESS . SESS. I. CII. 413. 1928 .

449 SEc . 3 . That no such area shall be acquired by the Secretary of As sent of l egisl atur e Agr iculture unle ss or until t he Legislature of the State of Utah required . 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 Iands ptance of State of an y lands owned or controlled by the State in Bear Rive r 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, as it e, etc., to be se. 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 th e Attorney Ge neral . 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 Co ndit ions . 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 regula- tions prescribed under authority of this Act . SEc . 5. That no person shall take, injure, or disturb any bird, or Prohibitions. nest or egg thereof, or injure or destroy any notice, signboard, fence, dike, ditch, dam, spillway, impr ovement, or o ther property of the Unite d States on a ny area acquir ed or receive d 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 Pactto be inviolate 60 per centum of the total acreage of the said refuge be maintained sanctuary as an inviolate sanctuary for such migratory birds .

Aut hority of De part . SEc . 6 . (a) Any employee of the Department of Agriculture meat employees for en- authorized by the Secretary of Agriculture to enforce the provisions forcemeat, etc. of this Act () shall have ower, without warrant, to arrest any per- warant' etc ., without son 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 et Esecute warrants, any warrant or other process issued by an officer or court of compe- tent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the Issue or warrants by judges or commission- laws of the United States, or an y United Stat es commission er may, ers . within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases . (b) All birds or animals, or parts thereof, captured, injured, or Summary seizures. 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 em- ployee 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 S ecretary of A griculture is authorized to make i , Xfo°a co ns' autho r - such expenditures for construction, equipment, maintenance, re- equ ipment, etc • pairs, and improvements, including necessary investigations, and ex- penditures for personal services and office expenses at the seat of government and elsewhere, and to employ such means as may be