MIGRATORY BIRD REFUGE ACT

COMMITTEE ON AGRICULTURE,

HOUSE OF REPRESENTATIVES, Washington, D. C., March 29, 1924.

The committee met, pursuant to adjournment, at 10 o'clock a. m., Hon. Gilbert N. Haugen (chairman) presiding.

Present: Representatives Haugen (chairman), Voigt, Tincher, Williams, Sinclair, Thompson, Clague, Clarke, Ketcham, Aswell, Kincheloe, Jones, Swank, Fulmer, Rubey, Johnson, and McSweeney.

The CHAIRMAN. The committee will take up H. R. 745, which will be printed at this point, together with a letter from the Secretary of Agriculture on the bill.

(The bill is as follows:)

[H. R. 745, Sixty-eighth Congress, first session]

A BILL For the establishment of migratory-bird refuges to furnish in perpetuity homes for migratory birds, the establishment of public shooting grounds to preserve the American system of free shooting, the provision of funds for establishing such areas, and the furnishing of adequate protection for migratory birds, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this act shall be known by the short title of "Migratory bird refuge act."

SECTION 1. That a commission to be known as the "Migratory Bird Refuge Commission," consisting of the Secretary of Agriculture, who shall act as its chairman, the Secretary of Commerce, the Postmaster General, and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives, to be selected by the Speaker, is hereby created and authorized to consider and pass upon such land, water, or land and water, as may be recommended by the Secretary of Agriculture for purchase or rental under this act, and to fix the price or prices at which such areas may be purchased or rented; and no purchases or rentals shall be made of any such areas until they have been duly approved for purchase or rental by said commission. The members of the commission hereby created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the same manner as for original appointment.

SEC. 2. That the commission hereby created shall, through its chairman, annually report to Congress, not later than the first Monday in December, the operations of the commission, in detail, during the preceding fiscal year.

SEC. 3. That the Secretary of Agriculture is authorized to purchase or rent such areas as have been approved for purchase or rental by the commission, at the price or prices fixed by said commission, and to acquire by gift, for use as migratory-bird refuges and public shooting grounds, areas which he shall determine to be suitable for such purposes, and to pay the purchase or rental price and other expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, from moneys in the migratorybird protection fund.

SEC. 4. That no deed or instrument of conveyance shall be accepted or approved by the Secretary of Agriculture under this act until the legislature of the State in which the area lies shall have consented to the acquisition thereof by the United States for the purposes of this act.

SEC. 5. That the Secretary of Agriculture may do all things necessary to secure the safe title in the United States to the areas which may be acquired

under this act, but no payment shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General and shall be vested in the United States; but the acquisition of such areas by the United States shall in no case be defeated because of rights of way, easements, and reservations which from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the areas so encumbered, for the purposes of this act; but such rights of way, easements, and reservations retained by the owner from whom the United States receives title shall be subject to rules and regulations prescribed from time to time by the Secretary of Agriculture for the occupation, use, operation, protection, and administration of such areas as migratory-bird refuges and public shooting grounds; and it shall be expressed in the deed or other conveyance that the use, occupation, and operation of such rights of way, easements, and reservations shall be subordinate to and subject to such rules and regulations; and all areas acquired under this act shall be subject to the laws of the State in which they are located, if such laws are not inconsistent with the migratory bird treaty act, this act, or regulations adopted pursuant to such acts.

SEC. 6. That no person shall take any migratory bird, or nest, or egg of such bird on any area of the United States which heretofore has been or which hereafter may be acquired, set apart, or reserved as a bird or game refuge or public shooting ground under this act, any other law, proclamation, or Executive order, or disturb, injure, or destory any notice, signboard, fence, building, or other property of the United States thereon, or cut, burn, or destroy any timber, grass or other natural growth thereon, or enter thereon for any purpose, except in accordance with rules and regulations which the Secretary of Agriculture is hereby authorized and directed to make, but nothing in this act or in any regulation adopted pursuant to this act shall be construed to prevent a person from entering upon any such area for the purpose of fishing or of trapping fur-bearing animals in accordance with the law of the State in which such area so entered is located, or to authorize the United States to make any charge, other than the hunting-license fee prescribed by this act for hunting migratory birds on any such area.

SEC. 7. That, except as hereinafter provided, each person who at any time shall take any migratory bird, or nest or egg thereof, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, shall first procure a license. issued as provided by this act, and then may take any such migratory bird, or nest or egg thereof, only in accordance with regulations adopted and approved pursuant to the migratory bird treaty act (act of July 3, 1918, Fortieth Statutes at Large, page 755); such license, however, shall not be required of any person or any member of his immediate family resident with him to take in accordance with such regulations any such migratory bird on any land owned or leased by such person and occupied by him as his place of permanent abode. and nothing in this act shall be construed to exempt any person from complying with the laws of the several States.

SEC. 8. That licenses where required under this act shall be issued, and the fees therefor collected, by the Post Office Department, under joint regulations to be prescribed by the Secretary of Agriculture and the Postmaster General. The provisions of the act of January 21, 1914 (Thirty-eighth Statutes at Large, page 278), as amended by the act of July 2, 1918 (Fortieth Statutes at Large. page 254), shall apply to such licenses and funds received from sales thereof in possession of postmasters.

SEC. 9. That all moneys received for such licenses shall be covered into the Treasury and shall constitute a special fund to be known as the "Migratorybird protection fund," which is hereby reserved, set aside, appropriated, and made available until expended as follows: Not less than 45 per centum thereof for the purchase or rental or necessary expenses incident to the acquisition of suitable land, waters. or land and waters for use as migratory-bird refuges and public shooting grounds. and for the administration, maintenance, and development of such refuges and grounds, and the construction of cabins and other necessary improvements; not less than 45 per centum thereof for enforcing the migratory bird treaty act, the Lacey Act (sections 241, 242, 243, and 244, Criminal Code), including salaries in Washington, District of Columbia, for cooperation with local authorities in the protection of migratory birds, for investigations and publications relating to North American birds, and for printing and engraving licenses, circulars, posters, and other necessary matter under this act; and not to exceed 10 per centum thereof for expenditures as follows: