54 STAT.] 7TrI CONG. , 3 D SESS.-CHS. 278, 279-JUNE 8, 1940 barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, alive or dead, or any part, nest, or egg thereof, shall be fined not more than $500 or imprisoned not more than six months, or both: Provided,That nothing herein shall be construed to prohibit possession or transportation of any such eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the effective date of this Act, but the proof of such taking shall lie upon the accused in any prosecution under this Act. SEC. 2. That whenever after investigation the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle as a species to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, or zoological parks, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality he may issue permits therefor under regulations which he is hereby authorized and directed to prescribe. SEC. 3. That for the efficient execution of this Act section 5 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended by the Act of June 20, 1936 (49 Stat. 1555), shall be deemed to be incorporated herein in haec verba. SEC. 4 . That as used in this Act "whoever" includes also associa- tions, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, wound, kill, capture, trap, collect, or otherwise will- fully molest or disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation. SEC. 5 . That moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of the aforesaid Migratory Bird Treaty Act of July 3, 1918, shall be equally available for the administration and enforcement of this Act. Approved, June 8, 1940. [CHAPTER 279] AN ACT To extend the provisions of the Forest Exchange Act, as amended, to certain lands so that they may become part of the Ochoco National Forest, Oregon. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any lands in private, State, or county ownership within the following-described area, which are found by the Secretary of Agriculture to be chiefly valuable for national-forest purposes, may be offered in exchange under the provisions of the Act approved March 20, 1922, as amended (U. S . C., title 16, sees. 485, 486), and upon acceptance of title shall become part of the Ochoco National Forest, Oregon, and shall there- after be subject to the laws, rules, and regulations applicable to national forests: Section 36, township 15 south, range 24 east; section 36, township 15 south, range 25 east; section 36, township 20 south, range 24 east; section 5, township 20 south, range 25 east; section 36, township 20 south, range 26 east; sections 9, and 13 to 16, inclusive, sections 21 to 27, inclusive, and sections 33 to 36, inclusive, township 21 south, range 25 east; sections 7, 18, and 19, township 21 south, range 26 east; sections 1, 3, 11, and 12, township 22 south, range 24 east; sections 3 to 7, inclusive, township 22 south, range 25 east; and section 16, township 22 south, range 27 east; all Willamette base and meridian. Approved, June 8, 1940. 251 Penalty. Proviso. Eagles lawfully taken prior to effec- tive date. Issuance of permits for taking, etc., for certain purposes. Regulations. Arrest, etc. , of of- fenders. 40 Stat. 756. 16 U. S. C.§706; Supp. V, § 706. Terms defined. Availability of funds. June 8, 1040 [H. R. 54041 [Public, No. 5681 Ochoco National Forest, Oreg. Exchange of certain lands for incorporation in. 42 Stat. 465. 16 U. . C., Supp. V, §486. Description.
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