MARVIN MANDEL, Governor                                 597

LEASE ANY AREA OF WATER OF LAND, EXCLUDING THE
OWNERSHIP OF AND THE RIGHT TO DRILL ANY MINERAL, OIL,
OR GAS.

REVISOR'S NOTE: This section is new language
derived from Article 66C, section 186 of
the Code, as amended by Chapter 470, S.B.
1055, Acts of 1973. Its provisions are
adapted for the subject matter of this
title. As to the Garrett County exception,
reference is made to the approval of "the
county" to avoid future amendment should
the county change its form of government.
Receipt of any gift is subject to the
provisions of article 15a, section 5.
Reference is made in this section and
throughout this subtitle to area of water
or land. The department advises that it is
necessary in some instances to acquire land
as well when hatcheries and refuges are
established.

4-402. TITLE AND CONTROL OF WATERS OR LAND;
EXPENDITURES FOR ACQUISITION.

THE TITLE TO ANY AREA OF WATER OR LAND ACQUIRED
BY PURCHASE, GIFT, OR CONDEMNATION SHALL BE TAKEN IN
THE NAME OF THE STATE FOR THE DEPARTMENT'S USE. THE
ENTIRE CONTROL OF THE AREA OF WATER OR LAND SHALL BE
UNDER THE STATE'S DIRECTION. THE SECRETARY MAY EXPEND
FROM THE STATE [[GAME]] FISHERIES MANAGEMENT AND
PROTECTION FUND ANY AMOUNT NECESSARY TO PURCHASE OR
CONDEMN AS AREA OF WATER OR LAND.

REVISOR'S NOTE: This section is new language
derived from Article 66c, section 188 of
the Code.

4-403. SALE AND EXCHANGE OF AREA OF WATER OR LAND.

(A) EXCHANGE FOR PRIVATELY OWNED AREA OF WATER
OR LAND OR SALE FOR HIGHEST PRICE. - IF THE DEPARTMENT
CONSIDERS IT IN THE STATE'S BEST INTEREST AND THE
GOVERNOR CONSENTS, IT MAY EXCHANGE ANY AREA OF WATER
OR LAND OR PART IT OWNS, TOGETHER WITH ANT IMPROVEMENT
ON IT, FOR ANY PRIVATELY OWNED AREA OF WATER OR LAND
EQUAL TO OR GREATER IN VALUE THAN THE AREA OF WATER OR
LAND THE DEPARTMENT EXCHANGES AND ADAPTS FOR FISH
REFUGE AND MANAGEMENT. ALSO, THE DEPARTMENT MAY SELL
ANY AREA OF WATER OR LAND OR PART IT OWNS TO THE
PERSON WHO OFFERS THE HIGHEST PRICE.