Executive Order 7178—Establishing the Hart Mountain Game Range

NEVADA AND OREGON By virtue of and pursuant to the authority vested in me by the act of June 25, 1910 (ch. 421, 36 Stat. 847), as amended by the act of August 24, 1912 (ch. 369, 37 Stat. 497), and subject to the conditions therein expressed and to all valid existing rights, it is ordered that the following-described lands, insofar as title thereto is in the United States, be, and they are hereby, withdrawn from settlement, location, sale, or entry and reserved and set apart for the conservation and development of natural wild-life resources and for the protection and improvement of public grazing lands and natural forage resources: Provided , That upon the termination of any private right to, or appropriation of, any public lands within the exterior limits of the area included in this order, such lands shall become part of this preserve: And provided further , That upon the acquisition by the United States of title to any private lands within such limits for wild-life conservation purposes such lands shall become part of the preserve, but the grazing rights thereon shall accrue primarily to the use of wild life, and such lands shall not be homesteaded, sold, exchanged, or patented under any law or regulation relating to public lands or the establishment of wild-life refuges or grazing districts. NEVADA MOUNT DIABLO MERIDIAN T. 45 N., R. 22 E., secs. 1, 2, and 3; secs. 10 to 15, inclusive; and secs. 19 to 36, inclusive. T. 46 N., R. 22 E., secs. 1 to 18, inclusive; secs. 22 to 27, inclusive; and secs. 34, 35, and 36. T. 47 N., R. 22 E., all. Tps. 43 to 47 N., inclusive, R. 23 E., all. Tps. 46 and 47 N., R. 23½ E., all. Tps. 43 to 45½ N., inclusive, R. 24 E., all. Tps. 46 and 47 N., R. 24 E., all. Tps. 43 and 44 N., R. 24½ E., all. Tps. 43 to 47 N., inclusive, Rs. 25 and 26 E., all. Tps. 46 and 47 N., R. 27 E., all. T. 46 N., R. 28 E., secs. 5 to 8, inclusive; secs. 17 to 20, inclusive; and secs. 29 to 32, inclusive. T. 47 N., R. 28 E., secs. 19 and 20, and secs. 29 to 32, inclusive, unsurveyed. OREGON WILLAMETTE MERIDIAN Tps. 34 to 39 S., inclusive, Rs. 25 and 26 E., all. Tps. 32 to 41 S., inclusive, R. 27 E., all. Tps. 32 to 39 S., inclusive, Rs. 28 and 29 E., all. This range or preserve, insofar as it relates to conservation and development of wild life, shall be under the joint jurisdiction of the Secretaries of the Interior and Agriculture, and they shall have power jointly to make such rules and regulations for its protection, administration, regulation, and improvement, and for the removal and disposition of surplus game animals, as they may deem necessary to accomplish its purposes: Provided, however , That the natural forage resources therein shall be first utilized for the purpose of sustaining in a healthy condition a maximum of four thousand (4,000) antelope, the primary species, and such nonpredatory secondary species in such numbers as may be necessary to maintain a balanced wild-life population, but in no case shall the consumption of forage by the combined population of the wild-life species be allowed to increase the burden of the range dedicated to the primary species: And provided further , That all the lands embraced in this range or preserve may be included within a grazing district established under the authority of the act of June 28, 1934 (48 Stat. 1269), or as such act may hereafter be amended, and all the remainder of the forage resources thereof shall be available for domestic livestock under rules and regulations promulgated by the Secretary of the Interior under the authority of that act. It is unlawful within this preserve: ( a ) to hunt, trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or take or destroy the eggs or nest of any such bird, except in accordance with the rules and regulations of the Secretaries of the Interior and Agriculture; ( b ) to willfully injure, molest, or destroy any property of the United States; ( c ) to willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass, or leave or suffer fire to burn unattended near any timber, or other inflammable material; ( d ) to build a fire in or near any forest, timber, or other inflammable material and leave it without extinguishing it totally; or (e) to occupy or use any part of this preserve, or enter thereon for any purpose, except in accordance with such rules and regulations as may be promulgated in accordance with the purposes of this order. Any person, however, may enter this reservation for the purpose of fishing in accordance with the law of the State in which it is located: Provided , That he complies with the regulations of the Secretaries of the Interior and Agriculture. All persons are hereby informed that sections 52, 53 (as amended), and 84 (as amended) of the Criminal Code of the United States (secs. 106, 107, 145, title 18, U.S.C.), section 2 of the act of June 28, 1934 (48 Stat. 1269, 1270), and section 14 of the Migratory Bird Conservation Act of February 18, 1929 (sec. 715m, title 16, U.S.C.), prescribe penalties for the commission of the offenses enumerated in the preceding paragraph. Executive Order No. 6910, of November 26, 1934, withdrawing for classification and other purposes all vacant, unreserved, and unappropriated public lands in the States of Nevada and Oregon, and certain other States, as amended by Executive Order No. 7048, of May 20, 1935, is hereby further amended to exclude from the provisions of that order as amended the above-described lands. This preserve shall be known as the Hart Mountain Game Range. FRANKLIN D. ROOSEVELT The White House, September 6, 1935.