Current through the 2024 Fourth Special Session
Section 23A-6-204 - Acquisition of lands by United States for migratory bird refuges(1)(a) The state consents to acquisition by the United States of the areas of land or water in the state, as the United States may consider necessary, by and with the consent of the county legislative body of the county where the land or water are located and after approval of application, subject to the laws of the state for water rights, for the establishment and maintenance of migratory waterfowl refuges in accordance with and for the purpose of the Migratory Bird Conservation Act, 16 U.S.C. Sec. 715 to 715s, as amended, and Migratory Bird Hunting Stamp Act, 16 U.S.C. Sec. 718a to 718k, as amended.(b) The United States may use the land or water described in this Subsection (1) as refuge for migratory birds, reserving to the state jurisdiction, both civil and criminal, of persons upon the areas acquired except so far as the punishment of offenses against the United States are concerned.(2)(a) This section may not be construed to impose upon the state or an agency of the state an obligation to convey to the United States any interest in land or water owned or controlled by the state, except upon appropriate terms and for adequate consideration.(b) The reservation to the state of coal and other minerals in lands sold by the state within areas so established and easements retained by the state to prospect for, mine, and remove the same are declared to be subject to rules and regulations prescribed from time to time by the Secretary of the Interior for the occupation, use, operation, protection, and administration of these areas as refuges for migratory birds.Renumbered from § 23-21-6 and amended by Chapter 103, 2023 General Session ,§ 149, eff. 7/1/2023.Amended by Chapter 227, 1993 General Session