mately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(c) Prohibited and permitted activities; application of mining and mineral leasing laws, hunting or fishing regulations, and State laws or regulations. No person shall knowingly disturb, injure, cut, burn, remove, destroy, or possess any real or personal property of the United States, including natural growth, in any area of the System; or take or possess any fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such activities are performed by persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation, Executive order, or public land order establishing the area, or amendment thereof: Provided, That the United States mining and mineral leasing laws shall continue to apply to any lands within the System to the same extent they apply prior to October 15, 1966, unless subsequently withdrawn under other authority of law. With the exception of endangered species and threatened species listed by the Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement does not exist pursuant to section 1535 (c) of this title, nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife on lands not within the system. The regulations permitting hunting and fishing of resident fish and wildlife within the System shall be, to the extent practicable, consistent with State fish and wildlife laws and regulations. The provisions of this Act shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations in any area within the System.

(d) Use of areas; administration of migratory bird sanctuaries as game taking areas; rights of way, easements, and reservations; payment of fair market value.

(1) The Secretary is authorized, under such regulations as he may prescribe, to

(A) permit the use of any area within the System for any purpose, including but not limited to hunting, fishing, public recreation and accommodations, and access whenever he determines that such uses are compatible with the major purposes for which such areas were established: Provided, That not to exceed 40 per centum at any one time of any area that has been, or hereafter may be acquired, reserved, or set apart as an inviolate sanctuary for migratory birds, under any law, proclamation, Executive order, or public land order may be administered by the Secretary as an area within which the taking of migratory game birds may be permitted under such regulations as he may prescribe; and

(B) permit the use of, or grant easements in,

over, across, upon, through, or under any areas within the System for purposes such as but not necessarily limited to, powerlines, telephone lines, canals, ditches, pipelines, and roads, including the construction, operation, and maintenance thereof, whenever he determines that such uses are compatibale with the purposes for which these areas are established.

(2) Notwithstanding any other provision of law, the Secretary of the Interior may not grant to any Federal, State, or local agency or to any private individual or organization any right-of-way, easement, or reservation in, over, across, through, or under any area within the system in connection with any use permitted by him under paragraph (1)(B) of this subsection unless the grantee pays to the Secretary, at the option of the Secretary, either (A) in lump sum the fair market value (determined by the Secretary as of the date of conveyance to the grantee) of the right-of-way, easement, or reservation; or (B) annually in advance the fair market rental value (determined by the Secretary) of the right-of-way, easement, or reservation. If any Federal, State, or local agency is exempted from such payment by any other provision of Federal law, such agency shall otherwise compensate the Secretary by any other means agreeable to the Secretary, including, but not limited to, making other land available or the loan of equipment or personnel; except that (A) any such compensation shall relate to, and be consistent with, the objectives of the National Wildlife Refuge System, and (B) the Secretary may waive such requirement for compensation if he finds such requirement impracticable or unnecessary. All sums received by the Secretary of the Interior pursuant to this paragraph shall, after payment of any necessary expenses incurred by him in administering this paragraph, be deposited into the Migratory Bird Conservation Fund and shall be available to carry out the provisions for land acquisition of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et seq.).

(e) Penalties.

Any person who violates or fails to comply with any of the provisions of this Act or any regulations issued thereunder shall be fined not more than $500 or be imprisoned not more than six months, or both. (f) Enforcement provision; arrests, searches, and seizures; custody of property; forfeitures; disposition.

Any person authorized by the Secretary of the Interior to enforce the provisions of this Act or any regulations issued thereunder, may, without a warrant, arrest any person violating this Act or regulations in his presence or view, and may execute any warrant or other process issued by an officer or court of competence jurisdiction to enforce the provisions of this Act or regulations, and may with a search warrant search for and seize any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof, taken or possessed in violation of this Act or the regulations issued thereunder. Any property, fish, bird, mammal, or other wild vertebrate or invertebrate

animals or part or egg thereof seized with or without a search warrant shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the court.

(g) Regulations; continuation, modification, or rescission.

Regulations applicable to areas of the System that are in effect on October 15, 1966, shall continue in effect until modified or rescinded.

(h) National conservation recreational area provisions; amendment, repeal, or modification. Nothing in this section shall be construed to amend, repeal, or otherwise modify the provision of sections 460k to 460k-4 of this title which authorizes the Secretary of the Interior to administer the areas within the System for public recreation. The provisions of this section relating to recreation shall be administered in accordance with the provisions of said sections.

(i) Exemption from State water laws.

Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws (As amended Pub. L. 93-205, § 13(a), Dec. 28, 1973, 1603; Pub. L. 94-215, § 5, Feb. 17, 1976, 90 Stat. 189; Pub. L. 94-223, Feb. 27, 1976, 90 Stat. 199.)

AMENDMENTS

1976 Subsec. (a). Pub. L. 94-223 amended subsec. (a) generally.

Subsec. (b) (3). Pub. L. 94-215 amended paragraph (3) generally.

1974-Subsec. (d). Pub. L. 93-509 designated existing provisions as par. (1)(A) and (B), and added par. (2).

1973-Subsec. (c). Pub. L. 93-205 inserted "With the exception of endangered species and threatened species listed by the Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement does not exist pursuant to section 1535 (c) of this title" preceding "nothing in this Act shall be construed" and struck out", including endangered species thereof," preceding "on lands not within the System" in the second sentence. NATIONAL WILDLIFE REFUGES

NATIONAL ENVIRONMENTAL CENTERS Environmental Centers

Date Designated June 30, 1972

§ 668ee. Definitions.

(a) The term "person" as used in this Act means any individual, partnership, corporation, or association.

(b) The terms "take" or "taking" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.

(c) The terms "State" and the "United States" as used in this Act mean the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. (Pub. L. 89669, § 5, Oct. 15, 1966, 80 Stat. 929.)

§ 668ff. San Francisco Bay National Wildlife Refuge; establishment and designation.

For the preservation and enhancement of highly significant wildlife habitat in the area known as south San Francisco Bay in the State of California, for the protection of migatory waterfowl and other wildlife, including species known to be threatened with extinction, and to provide an opportunity for wildlife-oriented recreation and nature study within the open space so preserved, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to establish, as herein provided, a national wildlife refuge to be known as the San Francisco Bay National Wildlife Refuge (hereinafter referred to as the "refuge"). (Pub. L. 92-330, §1, June 30, 1972, 86 Stat. 399.)

§ 668gg. Same; description.

There shall be included within the boundaries of the refuge those lands, marshes, tidal flats, salt ponds, submerged lands, and open waters in the south San Francisco Bay area generally depicted on the map entitled "Boundary Map, Proposed San Francisco Bay National Wildlife Refuge", dated July 1971, and which comprise approximately twenty-one thousand six hundred and sixty-two acres within four distinct units to be known as Fremont (five thousand five hundred and twenty acres), Mowry Slough (seven thousand one hundred and seventy-five acres), Alviso (three thousand and eighty acres), and Greco Island (five thousand eight hundred and eighty-seven acres). Said boundary map shall be on file and available for public inspection in the offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. (Pub. L. 92-330, § 2, June 30, 1972, 86 Stat. 399.)

§ 668hh. Same; establishment of area; publication in Federal Register; corrections in boundaries; maximum area; administration by Secretary. (a) The Secretary shall establish the refuge by publication of a notice to that effect in the Federal Register at such time as he determines that lands, waters, and interests therein sufficient to constitute an efficiently administrable refuge have been acquired for administration in accordance with the purposes of sections 668ff to 668jj of this title. The Secretary may from time to time make corrections

in the boundaries of the refuge, but the total area within the boundaries shall not exceed twentythree thousand acres of land, marshes, tidal flats, salt ponds, submerged lands, and open waters.

(b) Prior to the establishment of the refuge and thereafter, the Secretary shall administer the lands, waters, and interests therein acquired for the refuge in accordance with the provisions of sections 668dd and 668ee of this title; except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate to carry out the purposes of sections 668ff to 668jj of this title. (Pub. L. 92-330, § 3, June 30, 1972, 86 Stat. 399.)

§ 668ii. Same acquisition by Secretary of lands and waters or interests therein.

The Secretary may acquire lands and waters or

interests therein within the boundaries of the refuge by donation, purchase with donated or appropriated funds, or exchange: Provided, however, That lands, waters, and interests therein owned by the State of California or any political subdivision thereof may be acquired only by donation. (Pub. L. 92-330, § 4, June 30, 1972, 86 Stat. 399.)

§ 668jj. Same; authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 668ff to 668jj of this title for the period beginning July 1, 1972, and ending June 30, 1977, not to exceed, however, $9,000,000 for the acquisition of lands and interests therein as authorized by section 668ii of this title, and not to exceed $11,300,000 for the carrying out of the other provisions of sections 668ff to 668jj of this title. (Pub. L. 92-330, §5, June 30, 1972, 86 Stat. 400.)

AN ACT

To provide for the granting of an easement for a public road or public toll road through the wildlife refuge located in Princess Anne County, Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to convey to the Commonwealth of Virginia or to a public toll road authority which may now or hereafter be created by the Commonwealth of Virginia a permanent easement for the construction of a public road or public toll road (together with rights for such other uses as may be

customary or necessary in connection with the construction or operation of such a road) through the wildlife refuge located in Princess Anne County, Virginia, upon such terms and conditions as he may prescribe: Provided, however, That the conveyance authorized by this Act shall be made only upon payment to the United States of a sum equal to the value, as determined by the Secretary of the Interior, of the lands included therein and any such sums shall be credited to the migratory bird conservation fund and shall be available for expenditure in accordance with authorizations relating thereto.

Approved August 19, 1950.

AN ACT

To authorize conveyance of certain lands to the State of Utah based upon fair market value.

SEC. 2. Subject to the other provisions of this Act, the Secretary of the Interior shall by quitclaim deed convey to the State of Utah all right, title, and interest of the United States in lands including brines and minerals in solution in the brines or precipitated or extracted therefrom, lying below the meander line of the Great Salt Lake in such State, as duly surveyed heretofore or in accordance with sec

tion 1 of this Act, whether such lands now are or in the future may become uncovered by the recession of the waters of said lake: Provided, however, That the provisions of this Act shall not affect (1) any valid existing rights or interests, if any, of any person, partnership, association, corporation, or other nongovernmental entity, in or to any of the lands within and below said meander line, or (2) any lands within the Bear River Migratory Bird Refuge and the Weber Basin Federal reclamation project. Such conveyance shall be made when the survey required by section 1 has been completed and the agreement required by section 6 has been made. * * *

§ 459f-5. Same; administration.

(a) Public outdoor recreation and enjoyment; utilization of other authorities.

Except as provided in subsection (b) of this sec

tion, the Secretary shall administer the Assateague Island National Seashore for general purposes of public outdoor recreation, including conservation of natural features contributing to public enjoyment.

AN ACT

To establish the Great Dismal Swamp National Wildlife Refuge.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is established a national wildlife refuge to be known as the "Great Dismal Swamp National Wildlife Refuge" (hereinafter referred to in this Act as the "Refuge"). The Refuge shall consist of

(1) those lands and waters, comprising forty-nine thousand ninety-seven and eleven one-thousandths acres, of which a 40 per centum undivided interest therein was granted to the United States of America by The Nature Conservancy by deed dated February 22, 1973, and which are more particularly described in exhibit A of the deed, dated February 21, 1973, by which such interest in such lands and waters was granted to The Nature Conservancy by the Union Camp Corporation (and such deeds shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior); and

(2) such additional lands and waters and interests therein as the Secretary of the Interior (hereinafter referred to in this Act as the "Secretary") may acquire after the date of the enactment of this Act pursuant to section 3 of this Act.

(b) Until such time as the remaining undivided interest in the lands and waters described in subsection (a) (1) of this section is granted to the Secretary, he shall lease such remaining interest on such terms and conditions as he deems appropriate.

SEC. 2. Subject to such restrictions, conditions, and reservations as are specified in the deeds referred to in the first section of this Act, the Secretary shall administer the lands and waters and interests therein within the Refuge in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16

U.S.C. 668dd-668ee), except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretative education as he deems appropriate to carry out the purposes of this Act. In the administration of the Refuge, the Secretary and the Chief of Engineers, Corps of Engineers, shall enter into such consultations and take such cooperative actions as they deem necessary and appropriate to insure that any navigational or other uses made of the Dismal Swamp Canal do not adversely affect the Refuge and, in this regard, particular attention shall be given by the Secretary and the Chief of Engineers with respect to maintaining an appropriate water level in Lake Drummond.

SEC. 3. The Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange, such lands and waters and interests therein (including in-holdings) that are adjacent to the lands and waters described in subsection (a) (1) of the first section of this Act and are within the area known as the Great Dismal Swamp located in the States of Virginia and North Carolina as he determines to be suitable to carry out the purposes of this Act; except that Secretary may not acquire any such lands and waters and interests therein by purchase or exchange without first taking into account such recommendations as may result from the study required under Public Law 92-478, approved October 9, 1972 (86 Stat. 793-794).

SEC. 4 (a) Except as provided in subsection (b) of this section, there is authorized to be appropriated for the fiscal year ending June 30, 1975, not to exceed $1,000,000; for the fiscal year ending June 30, 1976, not to exceed $3,000,000; and for the fiscal year ending ending June 30, 1977, not to exceed $3,000,000.

(b) In no event shall the amount authorized to be appropriated exceed the cost estimates of the report to be submitted to the Congress by the Secretary pursuant to Public Law 92-478. Approved August 30, 1974.

1971-Pub. L. 92-77, title I, § 101, Aug. 10, 1971, 85 Stat.

248.

§ 277d-34. American-Mexican Boundary Treaty, authorization for carrying out treaty provisions; investigations; land acquisition, purposes; damages, repair or compensation.

In connection with the treaty between the United