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16 USC CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL

WILDLIFE AND FISH REFUGE 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

.

-HEAD-

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-MISC1-

Sec.

721. Short title; ''person'' defined.

722. Acquisition of lands and water.

723. Purposes of refuge; regulations by Secretary of the Interior.

724. Consent of States to acquisition; existing rights-of-way,

easements, etc.

725. Regulations, etc., by Secretary of the Interior.

726. Acts prohibited in refuge; commercial fishing.

727. Powers of employees of Department of the Interior.

(a) Arrest; execution of warrants; searches.

(b) Seizures.

(c) Reports of seizures; forfeiture and libel

proceedings.

728. Expenditures.

729. Price per acre.

730. Violations of law or regulations; punishment.

731. Effect on other laws.

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16 USC Sec. 721 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 721. Short title; ''person'' defined

-STATUTE-

This chapter may be cited as ''The Upper Mississippi River

National Wildlife and Fish Refuge Act.'' The term ''person'' as

used therein includes an individual, partnership, association, or

corporation.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 1, 12, 43 Stat. 650, 652; Pub. L.

105-312, title II, Sec. 202(b), Oct. 30, 1998, 112 Stat. 2957.)

-COD-

CODIFICATION

Section is a combination provision, the first sentence being

derived from section 1 and the last from section 12, of act June 7,

1924.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-312 substituted ''National Wildlife'' for

''Wild Life''.

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16 USC Sec. 722 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 722. Acquisition of lands and water

-STATUTE-

The Secretary of the Interior is authorized to acquire, by

purchase, gift, or lease, such areas of land, or of land and water,

situated between Rock Island, Illinois, and Wabasha, Minnesota, on

either side of or upon islands in the Mississippi River which are

not used for agricultural purposes, as he determines suitable for

the purposes of this chapter, and any such area when acquired shall

become a part of the Upper Mississippi River National Wildlife and

Fish Refuge (referred to in this chapter as the ''refuge'').

-SOURCE-

(June 7, 1924, ch. 346, Sec. 2, 3, 43 Stat. 650; June 18, 1934, ch.

602, 48 Stat. 1015; 1939 Reorg. Plan No. II, Sec. 4(f), eff. July

1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105-312, title II,

Sec. 202(b), Oct. 30, 1998, 112 Stat. 2957.)

-COD-

CODIFICATION

Section is a combination provision, the latter portion beginning

with the words ''and any such area,'' being from section 3, and the

remainder of the section from section 2 of act June 7, 1924.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-312, which directed the amendment of section 2

of the Upper Mississippi River Wild Life and Fish Refuge Act by

substituting ''National Wildlife'' for ''Wild Life'', was executed

to the part of this section based on section 3 of the act, to

reflect the probable intent of Congress. See Codification note

above.

1934 - Act June 18, 1934, struck out ''which are subject to

overflow by such river'' after ''Mississippi River''.

-TRANS-

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 relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

-MISC5-

LAND CONVEYANCE, UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

Pub. L. 105-312, title II, Sec. 202(a), Oct. 30, 1998, 112 Stat.

2957, provided that: ''In accordance with section 4(a)(5) of the

National Wildlife Refuge System Administration Act of 1966 (16

U.S.C. 668dd(a)(5)), there are transferred to the Corps of

Engineers, without reimbursement, approximately 37.36 acres of land

of the Upper Mississippi River Wildlife and Fish Refuge in the

State of Minnesota, as designated on the map entitled 'Upper

Mississippi National Wildlife and Fish Refuge lands transferred to

Corps of Engineers', dated January 1998, and available, with

accompanying legal descriptions of the land, for inspection in

appropriate offices of the United States Fish and Wildlife

Service.''

ADDITIONAL LANDS

Act June 13, 1944, ch. 243, 58 Stat. 274, provided for the

acquisition of certain tracts of land situated in Wabasha County,

Minnesota.

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16 USC Sec. 723 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 723. Purposes of refuge; regulations by Secretary of the

Interior

-STATUTE-

The refuge shall be established and maintained (a) 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, and (b)

to such extent as the Secretary of the Interior may by regulations

prescribe, as a refuge and breeding place for other wild birds,

game animals, fur-bearing animals, and for the conservation of wild

flowers and aquatic plants, and (c) to such extent as the Secretary

of the Interior may by regulations prescribe as a refuge and

breeding place for fish and other aquatic animal life.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 3, 43 Stat. 650; 1939 Reorg. Plan No.

II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.

1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Reorg. Plan No. III of 1940, Sec. 3, eff. June 30, 1940, 5 F.R.

2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government

Organization and Employees, consolidated Bureau of Fisheries and

Bureau of Biological Survey into one agency in Department of the

Interior to be known as Fish and Wildlife Service.

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5,

transferred Bureau of Fisheries in Department of Commerce and its

functions to Department of the Interior; transferred functions of

Secretary of Commerce relating to protection of fur-bearing animals

to Secretary of the Interior; and transferred functions of

Secretary of Agriculture relating to conservation of wildlife,

game, and migratory birds to Secretary of the Interior.

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16 USC Sec. 724 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

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Sec. 724. Consent of States to acquisition; existing rights-of-way,

easements, etc.

-STATUTE-

(a) No such area shall be acquired by the Secretary of the

Interior until the legislature of each State in which is situated

any part of the areas to be acquired under this chapter has

consented to the acquisition of such part by the United States for

the purposes of this chapter, and, except in the case of a lease,

no payment shall be made by the United States for any such area

until title thereto is satisfactory 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 such reservation or exception will in no manner interfere

with the use of the area for the purposes of this chapter, 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 regulations prescribed under authority of this chapter.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 4, 43 Stat. 650; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 723 of this title.

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16 USC Sec. 725 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 725. Regulations, etc., by Secretary of the Interior

-STATUTE-

Except where it is specifically provided otherwise, the Secretary

of the Interior shall prescribe such regulations, exercise such

functions, and perform such duties as may be necessary to carry out

the purposes of this chapter.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 5, 43 Stat. 651; 1939 Reorg. Plan No.

II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.

1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with approval to

cross national wildlife refuges under this chapter with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see Reorg. Plan No. 1 of 1979, Sec. 102(e), 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.

Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority 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.

Transfer of functions of Secretary of Agriculture and Secretary

of Commerce to Secretary of the Interior by Reorg. Plan No. II of

1939, see Transfer of Functions note set out under section 723 of

this title.

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16 USC Sec. 726 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 726. Acts prohibited in refuge; commercial fishing

-STATUTE-

No person shall, except in accordance with regulations prescribed

by the Secretary of the Interior in respect of wild birds, game

animals, fur-bearing animals, wild flowers, and aquatic plants, or

in respect 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 natural 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.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 6, 7, 43 Stat. 651; 1939 Reorg. Plan

No. II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.

1433.)

-COD-

CODIFICATION

Section is a combination of sections 6 and 7 of act June 7, 1924,

the last sentence only being from section 7.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of the Interior under this chapter to

Federal Inspector, Office of Federal Inspector for the Alaska

Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, see Transfer of Functions note set out under

section 725 of this title.

Transfer of functions of Secretary of Agriculture and Secretary

of Commerce to Secretary of the Interior by Reorg. Plan No. II of

1939, see Transfer of Functions note set out under section 723 of

this title.

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16 USC Sec. 727 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 727. Powers of employees of Department of the Interior

-STATUTE-

(a) Arrest; execution of warrants; searches

Any employee of the Department of the Interior 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 presence of such employee a violation of this

chapter or of any regulation made pursuant to this chapter, and to

take such person immediately for examination or trial before an

officer or court of competent jurisdiction, (2) shall have power to

execute any warrant or other process issued by an officer or court

of competent jurisdiction to enforce the provisions of this chapter

or regulations made pursuant thereto, and (3) shall have authority,

with a search warrant issued by an officer or court of competent

jurisdiction to make 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 magistrate judge may, within

his respective jurisdiction, upon proper oath or affirmation

showing probable cause, issue warrants in all such cases.

(b) Seizures

All birds, animals, fish, or parts thereof captured, injured, or

killed, and all flowers, plants, trees, and other natural growths,

and nests and eggs of birds removed, and all implements or

paraphernalia, including guns, fishing equipment, and boats used or

attempted to be used contrary to the provisions of this chapter or

any regulations made 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) Reports of seizures; forfeiture and libel proceedings

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.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 8, 43 Stat. 651; 1939 Reorg. Plan No.

II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;

Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat.

1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure. Previously, ''United States

magistrate'' substituted in subsec. (a) for ''United States

commissioner'' pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631

et seq.) of Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Secretary or

other official in Department of the Interior under this chapter to

Federal Inspector, Office of Federal Inspector for the Alaska

Natural Gas Transportation System, and subsequent transfer to

Secretary of Energy, see Transfer of Functions note set out under

section 725 of this title.

Transfer of functions of Secretary of Agriculture and Secretary

of Commerce to Secretary of the Interior by Reorg. Plan No. II of

1939, see Transfer of Functions note set out under section 723 of

this title.

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16 USC Sec. 728 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 728. Expenditures

-STATUTE-

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 from time to time.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 9, 43 Stat. 652; 1939 Reorg. Plan No.

II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.

1433.)

-COD-

CODIFICATION

As originally enacted, this section contained an additional

paragraph which appropriated a sum half of which was to be

available, until expended, for the expenditures mentioned herein.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture and Secretary

of Commerce to Secretary of the Interior, by Reorg. Plan No. II of

1939, see Transfer of Functions note set out under section 723 of

this title.

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16 USC Sec. 729 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 729. Price per acre

-STATUTE-

The Secretary of the Interior shall not pay for any land or land

and water a price which shall exceed an average cost of $10 per

acre: Provided, That this provision shall not apply to any land or

land and water prior to May 12, 1928, acquired or contracted for

under the provisions of this chapter.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 10, 43 Stat. 652; Mar. 4, 1925, ch.

558, 43 Stat. 1354; May 12, 1928, ch. 534, 45 Stat. 502; 1939

Reorg. Plan No. II, Sec. 4 (f), eff. July 1, 1939, 4 F.R. 2731, 53

Stat. 1433.)

-COD-

CODIFICATION

Provisions of this section, which authorized an appropriation of

$1,500,000 for the acquisition of authorized areas and for all

necessary expenses thereto, were omitted. The text set out above

constituted the first and second provisos to the omitted

provisions.

-MISC3-

AMENDMENTS

1928 - Act May 12, 1928, substituted ''which shall exceed an

average cost of $10 per acre'' for ''which when added to the price

of land or land and water theretofore purchased, shall exceed an

average cost of $5 per acre'', and inserted proviso making the

provision of this section inapplicable to any land or land and

water prior to May 12, 1928.

1925 - Act Mar. 4, 1925, substituted proviso for restriction on

availability of money for acquisition of areas.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 723 of this title.

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16 USC Sec. 730 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 730. Violations of law or regulations; punishment

-STATUTE-

Any person who shall violate or fail to comply with any provision

of or any regulation made pursuant to this chapter shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be fined

not more than $500 or be imprisoned not more than six months, or

both.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 11, 43 Stat. 652.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 727 of this title.

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16 USC Sec. 731 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 8 - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH

REFUGE

-HEAD-

Sec. 731. Effect on other laws

-STATUTE-

Nothing in this chapter shall be construed as exempting any

portion of the Mississippi River from the provisions of Federal

laws for the improvement, preservation, and protection of navigable

waters, nor as authorizing any interference with the operations of

the Department of the Army in carrying out any project now or

hereafter adopted for the improvement of said river.

-SOURCE-

(June 7, 1924, ch. 346, Sec. 13, 43 Stat. 652; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE IN NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-CITE-