US (United States) Code. Title 16. Chapter 6: Game and bird preserves, protection

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

.

-HEAD-

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-MISC1-

Sec.

671. National Bison Range.

672. Omitted.

673. Wyoming Elk Reserve.

673a. Addition to the Wyoming Elk Reserve.

673b. National Elk Refuge in Wyoming.

673c. Conservation of elk in Wyoming.

(a) Creation of program; licensed hunters deputized

as rangers.

(b) Recommendations by Wyoming Game and Fish

Commission, and National Park Service;

controlled reduction; deputation of hunters;

removal of carcasses.

673d. Restoration and conservation of elk in California.

673e. Cooperation of Secretaries of the Interior, Agriculture and

Defense with State of California.

673f. Repealed.

673g. Plan for elk restoration and conservation; coordination of

Secretary of the Interior with Federal, State and other officers;

integration with State plans.

674. Sullys Hill National Game Preserve.

674a. Sullys Hill National Park; transfer of control; change of

name to Sullys Hill National Game Preserve; boundaries; use by

public; hunting.

674b. Sullys Hill National Game Preserve; acquisition of additional

lands.

674c. Boundary and division fences for Sullys Hill National Game

Preserve; buildings and improvements; supplies; employees.

674d. Authorization of appropriations.

675. Norbeck Wildlife Preserve; establishment.

676. Hunting, trapping, killing, or capturing game on Norbeck

Wildlife Preserve unlawful.

677. Inclosure of Norbeck Wildlife Preserve.

678. Exchange of lands with State of South Dakota and Norbeck

Wildlife Preserve.

678a. Mining locations in Norbeck Wildlife Preserve; rules and

regulations.

678b. Redefinition of western boundary of Norbeck Wildlife

Preserve.

679. Patents to State of South Dakota of certain lands in Custer

State Park; reservation of coal, oil, gas, and other mineral

rights.

680. Game animal and bird refuge in South Dakota; establishment.

681. Erection of fence by South Dakota for game animal and bird

refuge.

682. Game refuge in Ozark National Forest.

683. Areas set aside for protection of game and fish; unlawfully

taking game or fish.

684. Game breeding areas in Wichita and Grand Canyon National

Forests.

685. Hunting, trapping, killing, or capturing game in designated

breeding areas unlawful.

686. Operation of local game laws not affected.

687. Grand Canyon Game Preserve included in park.

688. Repealed.

689. Tahquitz National Game Preserve.

689a. Other uses of land permitted in Tahquitz National Game

Preserve.

689b. Hunting, pursuing, capturing in Tahquitz National Game

Preserve unlawful.

689c. Rules and regulations for administration of the Tahquitz

Preserve; predatory animals.

689d. Acceptance of title to privately owned lands within Tahquitz

Preserve.

690. Bear River Migratory Bird Refuge; establishment; acquisition

of lands.

690a. Maintenance of lands acquired as refuge and breeding place

for migratory birds.

690b. Consent of Utah to acquisition of lands for Bear River

Refuge; approval of title to lands acquired.

690c. Existence of easements, reservations, or exceptions as

barring acquisition of lands.

690d. Injuries to property on Bear River Refuge; disturbance of

birds, etc.; violation of regulations for use of refuge.

690e. Enforcement of laws and regulations; warrants and processes;

jurisdiction of courts; forfeiture of property captured, injured,

killed or removed.

(a) Arrests and warrants.

(b) Seizures and forfeitures.

690f. Expenditures by Secretary of the Interior for construction,

maintenance, etc. of Bear River Refuge; employment of necessary

means to execute functions imposed on him.

690g. Violation of laws and regulations; penalties.

690h. ''Person'' defined.

690i. Omitted.

691. Cheyenne Bottoms Migratory Bird Refuge; location; acquisition

of land.

691a. Establishment of Cheyenne Bottoms Migratory Bird Refuge;

purpose.

691b. Omitted.

691c. Acquisition of areas for Cheyenne Bottoms Refuge; title;

rights-of-way, easements, and reservations.

691d. Applicability of certain statutes.

692. Game sanctuaries or refuges in Ocala National Forest;

creation.

692a. Hunting, pursuing, capturing, etc., in Ocala National Forest

unlawful.

693. Game sanctuaries and refuges in Ouachita National Forest.

693a. Rules and regulations for administration of Ouachita National

Forest; violations; penalties.

693b. Robert S. Kerr Memorial Arboretum and Nature Center in

Ouachita National Forest; authority to establish.

693c. Administration by Secretary of Agriculture of the Robert S.

Kerr Center.

693d. Cooperation with public and private agencies; contributions

and gifts for Robert S. Kerr Center.

694. Fish and game sanctuaries in national forests; establishment

by President.

694a. Hunting, pursuing, capturing, etc., in sanctuaries in

national forests unlawful.

694b. Rules and regulations for administration of sanctuaries in

national forests; jurisdiction of States.

695. Migratory waterfowl and other wildlife refuge in California;

participation by State of California.

695a. Title in United States of California refuge areas; existence

of easements, reservations, etc.; affecting acquisition.

695b. Applicability of certain statutes.

695c. Availability of funds for construction of dams, buildings,

etc., for California refuge.

695d. Development of water supplies for waterfowl management in

California; reauthorization of Central Valley Project.

695e. Construction, operation, and maintenance of water supply

development works.

695f. Construction, etc., authorized by section 695e as not

reimbursable or returnable under reclamation laws.

695g. Authorization of appropriations.

695h. Ownership by State of California of works constructed.

695i. Authorization of Secretary of the Interior to contract for

water delivery; nonreimbursable or nonreturnable basis of

delivery.

(a) Amount and time of water delivery to Service.

(b) Construction, operation, and maintenance of water

conveyance facilities.

(c) Reversionary rights of Secretary.

(d) Restrictive covenants.

695j. Conformity of water use with California laws; construction of

sections 695d to 695j-1.

695j-1. Conformity of contracts with Federal law through

negotiation of amendments.

695k. Congressional declaration of policy for preservation of

habitat for migratory waterfowl and prevention of depredations on

agricultural crops.

695l. Dedication of lands within boundaries of refuges to wildlife

conservation; administration of lands for waterfowl management

and optimum agricultural use; homestead entry prohibition;

inclusion of other public lands; property of the United States.

695m. Annual percentage payments of net revenues from leases of

Klamath project lands on pro rata basis; limitation on payments;

priority of use of net revenues.

695n. Leases of Lower Klamath and Tule Lake National Wildlife

Refuge reserved lands; management of other reserved public lands

for waterfowl purposes.

695o. Limitation on reduction of areas by diking or other

construction.

695p. Regulation of waters to maintain sump levels.

695q. Research studies on Clear Lake Refuge; report to Congress.

695r. Regulations by Secretary.

696. National Key Deer Refuge; establishment; acquisition of

property: exchanges, cash equalization payments; administration.

696a. Acquisition of title to properties for National Key Deer

Refuge; rights-of-way and easements.

696b. Authorization of appropriations; limitation.

697, 697a. Omitted.

698. Big Thicket National Preserve.

(a) Establishment.

(b) Location; boundaries; publication in Federal

Register.

(c) Methods of acquisition of land.

(d) Exchanges of land.

(e) Indian Springs Youth Camp.

698a. Acquisition of property for Big Thicket Preserve.

(a) Mineral rights; easements; improved properties.

(b) Plan to Congressional committees; time; contents.

(c) Completion of land acquisition program; time.

698b. Right of use and occupancy of improved property on Big

Thicket Preserve.

(a) Election of right of use and occupancy; payment

of fair market value; termination of right.

(b) ''Improved property'' defined.

(c) Waiver of right to relocation assistance by

election of right of use and occupancy.

698c. Administration of Big Thicket Preserve.

(a) Natural and ecological integrity.

(b) Limitation on construction of roads, campgrounds,

etc.; rules and regulations for use of Federal

lands and waters.

(c) Hunting, fishing, and trapping authorized in

accordance with applicable Federal and State

laws; consultation with appropriate State

agency prior to implementation of regulations

restricting activities.

698d. Review of Big Thicket Preserve area by Secretary; report to

President.

698e. Authorization of appropriations for Big Thicket Preserve.

698f. Big Cypress National Preserve; Big Cypress National Preserve

Addition.

(a) Establishment.

(b) Location; boundaries; publication in Federal

Register; area.

(c) Methods of acquisition of land; prerequisites to

Federal appropriations; improved property; oil

and gas rights; appraisal of property; transfer

of Federal property to Secretary.

(d) Land within Addition; United States share of

acquisition costs.

698g. Acquisition of lands for Big Cypress Preserve.

(a) Expeditious acquisition of Florida lands.

(b) Submission of plan to Congressional committees;

time; contents.

(c) Time for completion of land acquisition program.

698h. Right of use and occupancy of improved property on Big

Cypress Preserve and Addition.

(a) Election of right of use and occupancy; payment

of fair market value; termination of right.

(b) ''Improved property'' defined.

(c) Waiver of right to relocation assistance by

election of right of use and occupancy.

698i. Administration of Big Cypress Preserve; applicability of

other laws; rules and regulations for use of lands and waters;

transportation facilities; consultation and cooperation with

Secretary of Transportation.

698j. Hunting, fishing, and trapping in Big Cypress Preserve and

Addition authorized in accordance with applicable Federal and

State laws; consultation with appropriate State agency prior to

implementation of regulations restricting activities; land use

and retention rights of Miccosukee and Seminole Indian Tribes.

698k. Contracts for providing visitor services in Big Cypress

Preserve and Addition; right of first refusal to Miccosukee and

Seminole Tribes.

698l. Review of Big Cypress Preserve area and Addition area by

Secretary; report to President.

698m. Authorization of appropriations for Big Cypress Preserve and

Addition.

698m-1. Big Cypress National Preserve Addition.

(a) Establishment.

(b) Location; boundaries; publication in Federal

Register.

(c) Designation; management.

(d) Completion of land acquisition; time.

698m-2. Establishment of recreational access points, roads, etc.,

in conjunction with creation of Big Cypress National Preserve

Addition; cooperation among agencies.

698m-3. Status of Big Cypress National Preserve and Addition;

report to Congress; plan.

698m-4. Oil and gas exploration, development, and production in Big

Cypress National Preserve and Addition.

(a) Promulgation of rules and regulations.

(b) Contents of rule or regulation; permit from

National Park Service.

(c) Activities to conform to requirements of National

Park Service.

(d) Consideration of practices used in similar

habitats or ecosystems.

(e) Interim agreements with owners of non-Federal oil

and gas interests prior to promulgation of

rules and regulations.

(f) Minerals Management Office; establishment;

duties.

(g) Authorization of appropriations.

698n. Timucuan Ecological and Historic Preserve.

(a) Establishment.

(b) Land acquisition.

(c) Administration.

(d) Development of multiunit residential/resort

project.

698o. Protection of significant historic assets.

698p. Integrated administration and interpretation.

698q. Little River Canyon National Preserve; establishment.

(a) In general.

(b) Area included.

(c) Map.

(d) Publication of description.

698r. Administration.

(a) In general.

(b) Hunting and fishing.

(c) Water resources projects.

(d) Cooperative agreements with State.

(e) DeSoto State Park.

(f) Public involvement.

(g) Green Pitcher Plant.

698s. Acquisition.

(a) Authorization.

(b) Negotiations for acquisition.

(c) Environmental audits.

(d) Future additions.

698t. Authorization of appropriations.

698u. Tallgrass Prairie National Preserve: findings and purposes.

(a) Findings.

(b) Purposes.

698u-1. Definitions.

698u-2. Establishment of Tallgrass Prairie National Preserve.

(a) In general.

(b) Description.

698u-3. Administration of National Preserve.

(a) In general.

(b) Application of regulations.

(c) Facilities.

(d) Liability.

(e) Unit of National Park System.

(f) Agreement and donations.

(g) General management plan.

698u-4. Limited authority to acquire.

(a) In general.

(b) Payments in lieu of taxes.

(c) Prohibitions.

698u-5. Advisory Committee.

(a) Establishment.

(b) Duties.

(c) Membership.

(d) Terms.

(e) Chairperson.

(f) Meetings.

(g) Quorum.

(h) Compensation.

(i) Charter.

698u-6. Restriction on authority.

698u-7. Authorization of appropriations.

698v. Findings and purposes.

(a) Findings.

(b) Purposes.

698v-1. Definitions.

698v-2. Acquisition of lands.

(a) Acquisition of Baca ranch.

(b) Addition of land to Bandelier National Monument.

(c) Plat and maps.

(d) Watershed management report.

(e) Outstanding mineral interests.

(f) Boundaries of the Baca ranch.

(g) Pueblo of Santa Clara.

698v-3. The Valles Caldera National Preserve.

(a) Establishment.

(b) Purposes.

(c) Management authority.

(d) Eligibility for payment in lieu of taxes.

(e) Withdrawals.

(f) Fish and game.

(g) Redondo Peak.

698v-4. The Valles Caldera Trust.

(a) Establishment.

(b) Corporate purposes.

(c) Necessary powers.

(d) Staff.

(e) Government Corporation.

(f) Taxes.

(g) Donations.

(h) Proceeds.

(i) Restrictions on disposition of receipts.

(j) Suits.

(k) Bylaws.

(l) Insurance and bond.

(m) Name and insignia.

698v-5. Board of Trustees.

(a) In general.

(b) Initial appointments.

(c) Terms.

(d) Quorum.

(e) Organization and compensation.

(f) Liability of trustees.

(g) Meetings.

698v-6. Resource management.

(a) Assumption of management.

(b) Management responsibilities.

(c) Authorities.

(d) Management program.

(e) Public use and recreation.

(f) Applicable laws.

(g) Law enforcement and fire management.

698v-7. Authorities of the Secretary.

(a) In general.

(b) Interim management.

(c) Secretarial authority.

(d) Access.

698v-8. Termination of the Trust.

(a) In general.

(b) Recommendations.

(c) Effect of termination.

(d) Assets.

(e) Valles Caldera Fund.

698v-9. Limitations on funding.

(a) Authorization of appropriations.

(b) Schedule of appropriations.

698v-10. General Accounting Office study.

(a) Initial study.

(b) Second study.

698w. Special management requirements for Federal lands recently

added to Craters of the Moon National Monument, Idaho.

(a) Redesignation.

(b) Administration.

-CITE-

16 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 671. National Bison Range

-STATUTE-

There is reserved and excepted from the unallotted lands now

embraced within the Flathead Indian Reservation, in the State of

Montana, a parcel not to exceed twenty thousand acres of said

lands, near the confluence of the Pend d'Oreille and Jocko Rivers,

for a permanent National Bison Range for the herd of bison

presented by the American Bison Society. The Secretary of the

Interior is authorized and directed to inclose said lands with a

good and substantial fence and to erect thereon the necessary sheds

and buildings for the proper care and maintenance of the said

bison.

-SOURCE-

(May 23, 1908, ch. 192, 35 Stat. 267; Mar. 4, 1909, ch. 301, 35

Stat. 1051; 1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1, 1939,

4 F.R. 2731, 53 Stat. 1433.)

-COD-

CODIFICATION

Act May 23, 1908, authorized President to reserve and except

12,800 acres, only, for the purposes of this section.

Act May 23, 1908, also made an appropriation to enable Secretary

of the Interior to pay the confederated tribes of the Flathead,

Kootenai, and Upper Pend d'Oreille, and such other Indians as

rightfully belonged on the reservation, the appraised value of the

lands which provision was omitted as temporary and executed.

Act Mar. 4, 1909, directed President to reserve and except a

sufficient area to enlarge the range to not to exceed 20,000 acres.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of Agriculture relating to conservation of

wildlife, game, and migratory birds transferred to Secretary of the

Interior by Reorg. Plan No. II of 1939, set out in the Appendix to

Title 5, Government Organization and Employees.

-CITE-

16 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 672. Omitted

-COD-

CODIFICATION

Section, act Aug. 10, 1912, ch. 284, 37 Stat. 293, established

Wind Cave National Game Preserve. Preserve abolished and property

transferred to Wind Cave National Park, to be administered by

Secretary of the Interior for purposes expressed in this section,

see section 141b of this title.

-CITE-

16 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673. Wyoming Elk Reserve

-STATUTE-

There is established a winter game (elk) reserve in the State of

Wyoming, which shall be located in that section of Wyoming lying

south of the Yellowstone Park, and shall include not less than two

thousand acres in township 41 north, ranges 115 and 116 west, and

the Secretary of the Interior is authorized to purchase said lands

with improvements, to erect necessary buildings and inclosures, and

to incur other expenses necessary for the maintenance of the

reserve. The Secretary of the Interior is authorized to include in

said refuge and to inclose not more than one thousand acres of

unoccupied public lands, which when selected shall be made to

conform to the lines of the public surveys, and shall be adjacent

to or partly inclosed by said refuge.

-SOURCE-

(Aug. 10, 1912, ch. 284, 37 Stat. 293; Mar. 4, 1913, ch. 145, Sec.

1(part), 37 Stat. 847; 1939 Reorg. Plan No. II, Sec. 4(f), eff.

July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-COD-

CODIFICATION

Section is a combination provision, the first sentence being from

act Aug. 10, 1912, and the last from act Mar. 4, 1913.

As originally enacted, the first sentence was in the form of an

appropriation for the purposes thereof as was also the second

sentence which began with the following words: ''For the

establishment and maintenance of a winter elk refuge in the State

of Wyoming, $5,000, to be available until expended, and the

Secretary, etc.''

Res. Feb. 25, 1927, ch. 205, 44 Stat. 1246, authorized the

acceptance of title to certain lands in accordance with this

section.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 673a of this title.

-CITE-

16 USC Sec. 673a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673a. Addition to the Wyoming Elk Reserve

-STATUTE-

The Secretary of the Interior is authorized to accept, on behalf

of and without expense to the United States, from the Izaak Walton

League of America, or its authorized trustees, a gift of certain

lands in Teton County, Wyoming, described as the south half of

section 4; the east half of the southeast quarter of section 5; the

southwest quarter of the southeast quarter of section 5; the south

half of the southwest quarter of section 5; the southeast quarter

of the northeast quarter of section 7; the east half of the

southeast quarter of section 7; the southwest quarter of the

southeast quarter of section 7, and lot 4 of section 7; all of

section 8; the north half of the northeast quarter of section 9;

the north half of the northwest quarter of section 9; and the

southwest quarter of the northwest quarter of section 9; the north

half of the northeast quarter of section 17; lot 1 of section 18;

and the east half of the northwest quarter of section 18; all in

township 41 north, range 115 west, of the sixth principal meridian,

including all the buildings and improvements thereon, and all

rights, easements, and appurtenances thereunto appertaining,

subject to the conditions that they be used and administered by the

United States, under the supervision and control of the Secretary

of the Interior, for the grazing of, and as a refuge for, American

elk and other big game animals, and that they be known as the Izaak

Walton League addition to the winter elk refuge: Provided, That

upon the conveyance of said lands to the United States, as herein

provided, they shall become a part of the winter elk refuge

established under section 673 of this title, and shall be subject

to any laws governing the administration and protection of said

refuge.

-SOURCE-

(Feb. 25, 1927, ch. 205, 44 Stat. 1246; 1939 Reorg. Plan No. II,

Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-CITE-

16 USC Sec. 673b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673b. National Elk Refuge in Wyoming

-STATUTE-

The following-described lands of the Jackson Hole National

Monument are made a part of the National Elk Refuge and shall be

administered hereafter in accordance with the laws applicable to

said refuge:

SIXTH PRINCIPAL MERIDIAN

Township 42 north, range 116 west: Those portions of sections 24,

25, 26, and 35 lying east of the east right-of-way line of United

States Highway Numbered 187, and lying south and east of the north

and west bank of the Gros Ventre River.

Township 42 north, range 115 west: Those portions of sections 8,

9, 10, 17, 18, and 19 lying south and east of the north and west

bank of the Gros Ventre River; section 20; section 29, northwest

quarter; section 30, north half.

Township 41 north, range 116 west: Entire portion now in Jackson

Hole National Monument except that portion in section 2 lying west

of the east right-of-way line of United States Highway Numbered

187.

Containing in all six thousand three hundred and seventy-six

acres, more or less.

-SOURCE-

(Sept. 14, 1950, ch. 950, Sec. 2, 64 Stat. 849.)

-REFTEXT-

REFERENCES IN TEXT

The Jackson Hole National Monument, referred to in text, was

created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943,

57 Stat. 731. For provisions transferring other lands of such

former national monument, see sections 406d-1 and 482m of this

title.

-MISC2-

REVOCATION OF TEMPORARY WITHDRAWALS OF PUBLIC LANDS

Revocation of temporary withdrawals of public lands in aid of

legislation pertaining to parks, monuments, etc., adjacent to Grand

Teton National Park in Wyoming, see note set out under section

406d-1 of this title.

REPEAL OF INCONSISTENT LAWS

Repeal of laws inconsistent with act Sept. 14, 1950, see note set

out under section 406d-1 of this title.

-CITE-

16 USC Sec. 673c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673c. Conservation of elk in Wyoming

-STATUTE-

(a) Creation of program; licensed hunters deputized as rangers

The Wyoming Game and Fish Commission and the National Park

Service shall devise, from technical information and other

pertinent data assembled or produced by necessary field studies or

investigations conducted jointly by the technical and

administrative personnel of the agencies involved, and recommend to

the Secretary of the Interior and the Governor of Wyoming for their

joint approval, a program to insure the permanent conservation of

the elk within the Grand Teton National Park established by this

Act. Such program shall include the controlled reduction of elk in

such park, by hunters licensed by the State of Wyoming and

deputized as rangers by the Secretary of the Interior, when it is

found necessary for the purpose of proper management and protection

of the elk.

(b) Recommendations by Wyoming Game and Fish Commission, and

National Park Service; controlled reduction; deputation of

hunters; removal of carcasses

At least once a year between February 1 and April 1, the Wyoming

Game and Fish Commission and the National Park Service shall submit

to the Secretary of the Interior and to the Governor of Wyoming,

for their joint approval, their joint recommendations for the

management, protection, and control of the elk for that year. The

yearly plan recommended by the Wyoming Game and Fish Commission and

the National Park Service shall become effective when approved by

the Secretary of the Interior and the Governor of Wyoming, and

thereupon the Wyoming Game and Fish Commission and the Secretary of

the Interior shall issue separately, but simultaneously such

appropriate orders and regulations as are necessary to carry out

those portions of the approved plan that fall within their

respective jurisdictions. Such orders and regulations, to be

issued by the Secretary of the Interior and the Wyoming Game and

Fish Commission, shall include provision for controlled and managed

reduction by qualified and experienced hunters licensed by the

State of Wyoming and deputized as rangers by the Secretary of the

Interior, if and when a reduction in the number of elk by this

method within the Grand Teton National Park established by this Act

is required as a part of the approved plan for the year, provided

that one elk only may be killed by each such licensed and deputized

ranger. Such orders and regulations of the Secretary of the

Interior for controlled reduction shall apply only to the lands

within the Park which lie east of the Snake River and those lands

west of Jackson Lake and the Snake River which lie north of the

present north boundaries of Grand Teton National Park, but shall

not be applicable to lands within the Jackson Hole Wildlife Park.

After the Wyoming Game and Fish Commission and the National Park

Service shall have recommended to the Secretary of the Interior and

the Governor of Wyoming in any specified year a plan, which has

received the joint approval of the Secretary of the Interior and

the Governor of Wyoming, calling for the controlled and managed

reduction by the method prescribed herein of the number of elk

within the Grand Teton National Park established by this Act, and

after the Wyoming Game and Fish Commission shall have transmitted

to the Secretary of the Interior a list of persons who have elk

hunting licenses issued by the State of Wyoming and who are

qualified and experienced hunters, on or before July 1 of that year

the Secretary of the Interior, without charge, shall cause to be

issued orders deputizing the persons whose names appear on such

list, in the number specified by the plan, as rangers for the

purpose of entering the park and assisting in the controlled

reduction plan. Each such qualified hunter, deputized as a ranger,

participating in the controlled reduction plan shall be permitted

to remove from the park the carcass of the elk he has killed as a

part of the plan.

-SOURCE-

(Sept. 14, 1950, ch. 950, Sec. 6, 64 Stat. 851.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (b), is act Sept. 14,

1950, which is classified to sections 406d-1 to 406d-5, 531a, 451a,

482m, 673b, 673c of this title. For complete classification of

this Act to the Code, see Tables.

-MISC2-

REPEAL OF INCONSISTENT LAWS

Repeal of laws inconsistent with act Sept. 14, 1950, see note set

out under section 406d-1 of this title.

-CITE-

16 USC Sec. 673d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673d. Restoration and conservation of elk in California

-STATUTE-

It is the sense of Congress that the restoration and conservation

of a Tule elk population in California of at least two thousand,

except that the number of Tule elk in the Owens River Watershed

area shall at no time exceed four hundred and ninety or such

greater number which is determined by the State of California to be

the maximum holding capacity of such area, is an appropriate

national goal.

-SOURCE-

(Pub. L. 94-389, Sec. 1, Aug. 14, 1976, 90 Stat. 1189.)

-CITE-

16 USC Sec. 673e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673e. Cooperation of Secretaries of the Interior, Agriculture

and Defense with State of California

-STATUTE-

The Secretary of the Interior, the Secretary of Agriculture, and

the Secretary of Defense shall cooperate with the State of

California in making the lands under their respective jurisdictions

reasonably available for the preservation and grazing of Tule elk

in such manner and to such extent as may be consistent with Federal

law.

-SOURCE-

(Pub. L. 94-389, Sec. 2, Aug. 14, 1976, 90 Stat. 1190.)

-CITE-

16 USC Sec. 673f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673f. Repealed. Pub. L. 105-362, title IX, Sec. 901(b)(1),

Nov. 10, 1998, 112 Stat. 3289

-MISC1-

Section, Pub. L. 94-389, Sec. 3, Aug. 14, 1976, 90 Stat. 1190;

Pub. L. 97-375, title II, Sec. 208(c), Dec. 21, 1982, 96 Stat.

1825, related to report to Congress by Secretary of the Interior

concerning Tule elk herds in California.

-CITE-

16 USC Sec. 673g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 673g. Plan for elk restoration and conservation; coordination

of Secretary of the Interior with Federal, State and other

officers; integration with State plans

-STATUTE-

The Secretary of the Interior, in coordination with all Federal,

State, and other officers having jurisdiction over lands on which

Tule elk herds are located or lands which would provide suitable

Tule elk habitat, shall develop a plan for Tule elk restoration and

conservation, including habitat management, which shall be

integrated with the comparable plans of State and local authorities

in California.

-SOURCE-

(Pub. L. 94-389, Sec. 3, formerly Sec. 4, Aug. 14, 1976, 90 Stat.

1190; Pub. L. 97-375, title I, Sec. 108(a), Dec. 21, 1982, 96 Stat.

1820; renumbered Sec. 3, Pub. L. 105-362, title IX, Sec. 901(b)(2),

Nov. 10, 1998, 112 Stat. 3289.)

-MISC1-

PRIOR PROVISIONS

A prior section 3 of Pub. L. 94-389 was classified to section

673f of this title, prior to repeal by Pub. L. 105-362.

AMENDMENTS

1982 - Pub. L. 97-375 struck out requirement that the Secretary's

annual report to Congress describe the development and

implementation of the plan.

-CITE-

16 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 674. Sullys Hill National Game Preserve

-STATUTE-

The Secretary of the Interior is authorized to inclose the Sullys

Hill National Game Preserve with a good and substantial fence, to

construct thereon all sheds, buildings, and corrals necessary for

the proper care and maintenance of the animals and birds therein,

to erect a suitable headquarters, to construct and maintain roads,

trails, and other structures necessary for the convenience of

visitors, and to incur such other expenses as may be necessary for

the proper maintenance of the preserve and the animals and birds

placed therein. He is also authorized to place in the park

buffalos, elk, deer, and such other wild or rare animals and birds

as he may in his discretion decide.

-SOURCE-

(June 30, 1914, ch. 131, 38 Stat. 434; Mar. 3, 1931, ch. 439, Sec.

1, 46 Stat. 1509; 1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1,

1939, 4 F.R. 2731, 53 Stat. 1433.)

-COD-

CODIFICATION

This section was a provision of the agricultural appropriation

act for the fiscal year 1915, act June 30, 1914, which, in the

first sentence, made an appropriation of $5,000 for the improvement

of a game preserve in Sullys Hill National Park, the same to be

available until expended.

-CHANGE-

CHANGE OF NAME

Act Mar. 3, 1931, provided that the Sullys Hill National Park

should be administered as a big-game preserve, refuge and breeding

grounds for wild animals and birds, which should be known as the

Sullys Hill National Game Preserve.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-CITE-

16 USC Sec. 674a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 674a. Sullys Hill National Park; transfer of control; change

of name to Sullys Hill National Game Preserve; boundaries; use

by public; hunting

-STATUTE-

The Secretary of the Interior shall administer Sullys Hill

National Park, together with all improvements thereon, in the State

of North Dakota, as a big game preserve, refuge, and breeding

grounds for wild animals and birds, which shall be known as the

Sullys Hill National Game Preserve and shall embrace within its

boundaries the lands described in the proclamation of June 2, 1904,

establishing Sullys Hill Park, together with all unsurveyed or

public lands uncovered by the recession of the waters of Devils

Lake in front of said reservation, the preserve to be bounded on

the north and northwest by the waters of Devils Lake, and on the

west and southwest by a stream which flows through lands uncovered

by the recession of the waters of Devils Lake, approximately midway

between lots 10 and 11, section 17; lots 1, 2, 6, and 8, section

16; and lot 2, section 9; lots 3, 4, and 5, section 16, township

152 north, range 65 west, fifth principal meridian, as meandered on

the official plats of survey approved June 23, 1904, and June 2,

1927: Provided, That the said game preserve is to be made available

to the public for recreational purposes insofar as consistent with

the use of this area as a game preserve: Provided further, That

hunting shall not be permitted on said game preserve.

-SOURCE-

(Mar. 3, 1931, ch. 439, Sec. 1, 46 Stat. 1509; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 674b, 674d of this title.

-CITE-

16 USC Sec. 674b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 674b. Sullys Hill National Game Preserve; acquisition of

additional lands

-STATUTE-

The Secretary of the Interior is authorized to acquire, by

purchase or otherwise, after July 1, 1932, an area of land not to

exceed three thousand acres, at an average cost of not more than

$10 per acre, with the improvements thereon, situated on the east

and south of said preserve as described in section 674a of this

title, within sections 10, 11, 12, 13, 14, 15, 22, 23, and 24,

township 152 north, range 65 west, fifth principal meridian, said

lands, upon acquisition by the United States, to become a part of

the Sullys Hill National Game Preserve.

-SOURCE-

(Mar. 3, 1931, ch. 439, Sec. 2, 46 Stat. 1509; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 674d of this title.

-CITE-

16 USC Sec. 674c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 674c. Boundary and division fences for Sullys Hill National

Game Preserve; buildings and improvements; supplies; employees

-STATUTE-

The Secretary of the Interior is authorized to construct and

maintain such boundary and division fences as are required to

inclose and subdivide the preserve; to construct such buildings and

improvements, to install and maintain a suitable water-supply and

sanitary system, to purchase such supplies, and to employ such

assistants as are necessary for the maintenance of the preserve and

the improvements thereon and for the accommodation of visitors

thereto.

-SOURCE-

(Mar. 3, 1931, ch. 439, Sec. 3, 46 Stat. 1510; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 674d of this title.

-CITE-

16 USC Sec. 674d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 674d. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated out of any moneys

in the Treasury not otherwise appropriated such sums as Congress

shall from time to time deem necessary to carry out the purposes of

sections 674a to 674c of this title.

-SOURCE-

(Mar. 3, 1931, ch. 439, Sec. 4, 46 Stat. 1510.)

-CITE-

16 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 675. Norbeck Wildlife Preserve; establishment

-STATUTE-

There is designated as the Norbeck Wildlife Preserve such areas,

not exceeding forty-six thousand acres, of the Harney National

Forest, and adjoining or in the vicinity of the Custer State Park,

in the State of South Dakota, as should, in the opinion of the

President of the United States, be set aside for the protection of

game animals and birds, and be recognized as a breeding place

therefor.

-SOURCE-

(June 5, 1920, ch. 247, Sec. 1, 41 Stat. 986; June 7, 1924, ch.

324, 43 Stat. 632; Oct. 6, 1949, ch. 620, Sec. 1, 63 Stat. 708.)

-COD-

CODIFICATION

As enacted by act June 5, 1920, this section authorized the

President to designate areas not exceeding 30,000 acres, but by

amendment by act June 7, 1924, the President was authorized, upon

recommendation of the Secretary of Agriculture, to enlarge the area

by proclamation to embrace a total of not to exceed 46,000 acres

and the provisions of sections 676 to 678 of this title, apply with

equal force to the additional area.

-CHANGE-

CHANGE OF NAME

''Custer State Park Game Sanctuary'' changed to ''Norbeck

Wildlife Preserve'' by act Oct. 6, 1949.

Harney National Forest abolished and its lands transferred to and

consolidated with those of Black Hills National Forest by Public

Land Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.

-MISC4-

PRESIDENTIAL DESIGNATION

Areas comprising the Norbeck Wildlife Preserve, formerly known as

the Custer State Park Game Sanctuary, were designated by

Proclamations of Oct. 9, 1920 (41 Stat. 1805), Jan. 8, 1925 (43

Stat. 1981), and Jan. 14, 1929 (45 Stat. 2985).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 676, 678a of this title.

-CITE-

16 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 676. Hunting, trapping, killing, or capturing game on Norbeck

Wildlife Preserve unlawful

-STATUTE-

When such areas have been designated as provided for in section

675 of this title, hunting, trapping, killing, or capturing of game

animals and birds upon the lands of the United States within the

limits of said areas shall be unlawful, except under such

regulations as may be prescribed from time to time by the Secretary

of Agriculture. It is the purpose of this section to protect from

trespass the public lands of the United States and the game animals

and birds which may be thereon, and not to interfere with the

operation of the local game laws as affecting private or State

lands.

-SOURCE-

(June 5, 1920, ch. 247, Sec. 2, 3, 41 Stat. 986; June 25, 1948, ch.

645, Sec. 11, 62 Stat. 860.)

-COD-

CODIFICATION

First sentence of section is from section 2 and the last from

section 3 of act June 5, 1920.

-MISC3-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions. See

section 41 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 678a of this title.

-CITE-

16 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 677. Inclosure of Norbeck Wildlife Preserve

-STATUTE-

The State of South Dakota is authorized and permitted to erect

and maintain a good substantial fence, inclosing in whole or in

part Norbeck Wildlife Preserve. The State shall erect and maintain

such gates in this fence as may be required by the authorized

agents of the Federal Government in administering this wildlife

preserve and the adjoining national forest lands, and may erect and

maintain such additional inclosures as may be agreed upon with the

Secretary of Agriculture. The right of the State to maintain this

fence shall continue so long as Norbeck Wildlife Preserve is also

given similar protection by the laws of the State of South Dakota.

-SOURCE-

(June 5, 1920, ch. 247, Sec. 4, 41 Stat. 986; Oct. 6, 1949, ch.

620, Sec. 1, 63 Stat. 708.)

-CHANGE-

CHANGE OF NAME

''Custer State Park Game Sanctuary'' changed to ''Norbeck

Wildlife Preserve'' by act Oct. 6, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 678a of this title.

-CITE-

16 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 678. Exchange of lands with State of South Dakota and Norbeck

Wildlife Preserve

-STATUTE-

Upon recommendation of the Secretary of Agriculture, the

Secretary of the Interior may patent to the State of South Dakota

not to exceed one thousand six hundred acres of nonmineral national

forest lands not otherwise appropriated or withdrawn within the

areas of Norbeck Wildlife Preserve: Provided, That the State of

South Dakota conveys to the Government good and sufficient title to

other lands of equal value owned by the State and lying within the

exterior boundaries of a national forest in the State of South

Dakota and approved by the Secretary of Agriculture as equally

desirable for national forest purposes, the lands thus conveyed to

the Government to become a part of the national forest. This shall

not operate to restrict any selection rights which the State may

have or may be hereafter granted, excepting as to the specific

lands conveyed to the Government under authority of this section.

-SOURCE-

(June 5, 1920, ch. 247, Sec. 5, 41 Stat. 986; Oct. 6, 1949, ch.

620, Sec. 1, 63 Stat. 708.)

-CHANGE-

CHANGE OF NAME

''Custer State Park Game Sanctuary'' changed to ''Norbeck

Wildlife Preserve'' by act Oct. 6, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 678a of this title.

-CITE-

16 USC Sec. 678a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 678a. Mining locations in Norbeck Wildlife Preserve; rules and

regulations

-STATUTE-

Subject to the conditions herein provided, mining locations may

be made under the general mining laws of the United States on lands

of the United States situated within the exterior boundaries of

that portion of the Harney National Forest designated as the

Norbeck Wildlife Preserve, South Dakota, created pursuant to the

provisions of sections 675 to 678 of this title. A locator shall

have the right to occupy and use so much of the surface of the land

covered by the location as may be reasonably necessary to carry on

prospecting and mining, including the taking of mineral deposits

and timber required by or in the mining operations, and no permit

shall be required or charge made for such use or occupancy:

Provided, however, That the mining operations herein authorized

shall be subject to such rules and regulations as the Secretary of

Agriculture may deem necessary in furtherance of the purposes for

which the said preserve was established: Provided further, That the

cutting and removal of timber, except where clearing is necessary

in connection with mining operations or to provide space for

buildings or structures used in connection with mining operations,

shall be conducted in accordance with the marking rules and timber

sale practices applicable to the Harney National Forest, and no use

of the surface of the claim or the resources therefrom not

reasonably required for carrying on mining and prospecting shall be

allowed except under the national-forest rules and regulations, nor

shall the locator prevent or obstruct other occupancy of the

surface or use of surface resources under authority of

national-forest regulations, or permits issued thereunder, if such

occupancy or use is not in conflict with mineral development:

Provided further, That the Secretary of Agriculture in his

discretion may prohibit the location of mining claims within six

hundred and sixty feet of any Federal, State, or county road, and

within such other areas where the location of mining claims would

not be in the public interest: And provided further, That no patent

shall be issued by the United States on any location filed pursuant

to the authority contained in this section.

-SOURCE-

(June 24, 1948, ch. 611, Sec. 1, 62 Stat. 580; Oct. 6, 1949, ch.

620, Sec. 1, 63 Stat. 708.)

-REFTEXT-

REFERENCES IN TEXT

The general mining laws of the United States, referred to in

text, are classified generally to Title 30, Mineral Lands and

Mining.

-CHANGE-

CHANGE OF NAME

''Custer State Park Game Sanctuary'' changed to ''Norbeck

Wildlife Preserve'' by act Oct. 6, 1949.

Harney National Forest abolished and its lands transferred to and

consolidated with those of Black Hills National Forest by Public

Land Order No. 1016 of Oct. 4, 1954, 19 F.R. 6500.

-CITE-

16 USC Sec. 678b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 678b. Redefinition of western boundary of Norbeck Wildlife

Preserve

-STATUTE-

To facilitate administration for the purpose for which the

preserve has been established, the western boundary of the preserve

lying north of Custer State Park is redefined as follows:

Beginning at the east quarter corner of section 7, township 2

south, range 5 east, Black Hills meridian; thence south along said

section line to its intersection with a line three hundred feet

north of the Horse Thief Lake Road; thence southwesterly along a

line three hundred feet northwesterly from the center line of said

road and running approximately parallel thereto to the intersection

of said road with United States Highway 85A; thence southerly along

a line three hundred feet west of United States Highway 85A and

approximately parallel thereto to the present south boundary of

said preserve in section 3 south, range 4 east, Black Hills

meridian.

-SOURCE-

(June 24, 1948, ch. 611, Sec. 2, 62 Stat. 581; Oct. 6, 1949, ch.

620, Sec. 1, 63 Stat. 708.)

-CHANGE-

CHANGE OF NAME

''Custer State Park Game Sanctuary'' changed to ''Norbeck

Wildlife Preserve'' by act Oct. 6, 1949.

-CITE-

16 USC Sec. 679 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 679. Patents to State of South Dakota of certain lands in

Custer State Park; reservation of coal, oil, gas, and other

mineral rights

-STATUTE-

The Secretary of the Interior is authorized and directed to issue

to the State of South Dakota patents conveying title, but reserving

the minerals therein, to any unpatented lands of the United States

held or claimed by virtue of locations made prior to March 3, 1925,

under the United States general mining laws, within the Custer

State Park, not exceeding a total of two thousand acres, upon

payment to the United States of $1.25 per acre therefor, and upon

evidence being furnished that all claim, right, title, and interest

of such claimants have been transferred to the State or have been

abandoned. Patents so issued to the State of South Dakota shall be

conditioned upon the lands being used for park purposes, and

provide for the reversion of the lands of the United States in the

event of failure to so hold and use. The United States reserves

all coal, oil, gas, or other minerals in the lands patented under

this section with the right, in case any of said patented lands are

found by the Secretary of the Interior to be more valuable for the

minerals therein than for park purposes, to provide, by special

legislation, having due regard for the rights of the State of South

Dakota, for the disposition and extraction of the coal, oil, gas or

other minerals therein. The provisions of this section are limited

to lands lying within the limits of the Custer State Park, within

townships 3 and 4 south, range 6 east, and the east one-third of

townships 3 and 4 south, range 5 east, Black Hills meridian.

-SOURCE-

(Mar. 3, 1925, ch. 465, 43 Stat. 1185.)

-REFTEXT-

REFERENCES IN TEXT

The United States general mining laws, referred to in text, are

classified generally to Title 30, Mineral Lands and Mining.

-CITE-

16 USC Sec. 680 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 680. Game animal and bird refuge in South Dakota;

establishment

-STATUTE-

Subject to valid rights and entries initiated under the public

land laws, prior to June 7, 1924, any or all of the following

described lands in Government ownership may be withdrawn from entry

and disposition by proclamation of the President for the purpose of

protecting and propagating antelope and other game animals and

birds: National forest lands - Township 18 north, range 7 east,

Black Hills meridian, section 24, south half, and south half north

half; section 25, all; township 18 north, range 8 east, sections 17

to 20, inclusive; section 21, west half; sections 29 to 32,

inclusive. Public lands - Township 18 north, range 7 east,

sections 5 to 9, inclusive; sections 13 to 23, inclusive; section

24, north half north half; sections 26 to 36, inclusive; and those

parts of sections 3, 4, 10, and 11 lying south and west of the Riva

Road. The withdrawal of the lands herein authorized shall not

affect withdrawals for national forest purposes made prior to June

7, 1924.

-SOURCE-

(June 7, 1924, ch. 326, Sec. 1, 43 Stat. 634.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 681 of this title.

-CITE-

16 USC Sec. 681 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 681. Erection of fence by South Dakota for game animal and

bird refuge

-STATUTE-

The State of South Dakota is authorized and permitted to erect

and maintain a good, substantial fence inclosing in whole or in

part such areas as may be designated and set aside by the President

under the authority of section 680 of this title. The State shall

erect and maintain such gates in this fence as may be required by

the authorized agents of the Federal Government in the

administration of the National forest lands embraced therein, or to

provide ingress and egress to persons occupying lands within said

inclosure. The right of the State to maintain said fence shall

continue so long as the area designated by the President shall be

given protection by the laws of the State of South Dakota as a game

refuge.

-SOURCE-

(June 7, 1924, ch. 326, Sec. 2, 43 Stat. 634.)

-CITE-

16 USC Sec. 682 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 682. Game refuge in Ozark National Forest

-STATUTE-

The President of the United States is authorized to designate

such national forest lands within the Ozark National Forest, within

the State of Arkansas, as should, in his discretion, be set aside

for the protection of game animals, birds, or fish; and, except

under such rules and regulations as the Secretary of Agriculture

may from time to time prescribe, it shall be unlawful for any

person to hunt, catch, trap, willfully disturb, or kill any kind of

game animal, game or nongame bird, or fish, or take the eggs of any

such bird on any lands so set aside, or in or on the waters

thereof.

-SOURCE-

(Feb. 28, 1925, ch. 376, 43 Stat. 1091; Aug. 11, 1945, ch. 365, 59

Stat. 531; June 25, 1948, ch. 645, Sec. 12, 62 Stat. 861.)

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions (see

section 41 of Title 18, Crimes and Criminal Procedure), and

inserted provision relating to the unlawfulness in hunting,

catching, etc., game animals, etc., under rules and regulations of

the Secretary of Agriculture.

1945 - Act Aug. 11, 1945, struck out last sentence which read

''No lands within the present limits of the fourth congressional

district shall be included in such designations.''

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

PRESIDENTIAL DESIGNATION

Lands comprising the Ozark National Game Refuge were designated

by Proclamations of June 13, 1928 (45 Stat. 2953), and Oct. 25,

1935 (49 Stat. 3478).

-CITE-

16 USC Sec. 683 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 683. Areas set aside for protection of game and fish;

unlawfully taking game or fish

-STATUTE-

The President of the United States is authorized to designate

such areas on any lands which have been, or which may hereafter be,

purchased by the United States under the provisions of the Act of

March first, nineteen hundred and eleven, and Acts supplementary

thereto and amendatory thereof, as should, in his opinion, be set

aside for the protection of game animals, birds, or fish; and,

except under such rules and regulations as the Secretary of

Agriculture may from time to time prescribe, it shall be unlawful

for any person to hunt, catch, trap, willfully disturb or kill any

kind of game animal, game or nongame bird, or fish, or take the

eggs of any such bird on any lands so set aside, or in or on the

waters thereof.

-SOURCE-

(Aug. 11, 1916, ch. 313, 39 Stat. 476; June 25, 1948, ch. 645, Sec.

10, 62 Stat. 860.)

-REFTEXT-

REFERENCES IN TEXT

Act of March first, nineteen hundred and eleven, referred to in

text, was in the original ''Act of March first, nineteen hundred

and eleven (Thirty-six Statutes at Large, page nine hundred and

sixty-one), entitled 'An Act to enable any State to cooperate with

any other State or States, or with the United States, for the

protection of watersheds of navigable streams, and to appoint a

commission for the acquisition of lands for the purpose of

conserving the navigability of navigable streams' '', which is

popularly known as the Weeks Law, and is classified to sections

480, 500, 513 to 519, 521, 552, and 553 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 552 of this title and Tables.

-MISC2-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions (see

section 41 of Title 18, Crimes and Criminal Procedure), and

inserted provision relating to the unlawfulness in hunting,

catching, etc. game animals, etc. under rules and regulations of

Secretary of Agriculture.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

PRESIDENTIAL DESIGNATION

The following areas have been designated by the President:

Big Levels Game Refuge. Proclamation of July 6, 1935 (49 Stat.

3448).

Cherokee National Game Refuges. Proclamation of Aug. 5, 1924

(43 Stat. 1964), and Oct. 22, 1934 (49 Stat. 3423).

National Catahoula Wildlife Management Preserve. Proclamation

of Sept. 27, 1941 (55 Stat. 1689).

National Red Dirt Wildlife Management Preserve. Proclamation of

Sept. 27, 1941 (55 Stat. 1688).

Noontootly National Game Refuge. Proclamation of July 6, 1938

(52 Stat. 1549).

Pisgah National Game Preserve. Proclamation of Oct. 17, 1916

(39 Stat. 1811).

-CITE-

16 USC Sec. 684 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 684. Game breeding areas in Wichita and Grand Canyon National

Forests

-STATUTE-

The President of the United States is authorized to designate

such areas in the Wichita National Forest and in the Grand Canyon

National Forest as should, in his opinion, be set aside for the

protection of game animals and birds and be recognized as a

breeding place therefor.

-SOURCE-

(Jan. 24, 1905, ch. 137, Sec. 1, 33 Stat. 614; June 29, 1906, ch.

3593, Sec. 1, 34 Stat. 607.)

-COD-

CODIFICATION

Act Jan. 24, 1905, and act June 29, 1906, are identical in

language throughout, except that the earlier act authorizes the

setting aside of areas in Wichita National Forest, while the latter

authorizes areas in Grand Canyon National Forest. The two acts have

been combined to form this section and sections 685 and 686 of this

title.

''Wichita National Forest'' and ''Grand Canyon National Forest''

substituted for ''Wichita Forest Reserve'' and ''Grand Canyon

Forest Reserve'', respectively, on authority of act Mar. 4, 1907,

ch. 2907, 34 Stat. 1269, which provided that forest reserves shall

hereafter be known as national forests.

-MISC3-

PRESIDENTIAL DESIGNATION; ABOLITION OF WICHITA NATIONAL FOREST

The entire Wichita National Forest was designated a Game Preserve

by Proclamation of June 2, 1905 (34 Stat. 3062), enlarged by

Executive Order No. 7116, July 26, 1935, and designated the Wichita

Mountains Wildlife Refuge by Act June 4, 1936, ch. 489, title I,

Sec. 1, 49 Stat. 1446. Proclamation No. 2211, Nov. 27, 1936 (50

Stat. 1797), revoked the proclamations of July 4, 1901 (32 Stat.

1973), May 29, 1906 (34 Stat. 3207), and Oct. 13, 1910 (36 Stat.

2754), establishing, enlarging, and modifying the Wichita National

Forest, but did affect the Wichita Mountains Wildlife Refuge.

The Grand Canyon National Game Preserve was established by

Proclamation of Nov. 28, 1906 (34 Stat. 3263), enlarged by

Proclamation of June 23, 1908 (35 Stat. 2192), and diminished by

Proclamation of June 3, 1909 (36 Stat. 2496). The lands of the

Grand Canyon National Forest were divided among and combined with

those of the Coconino and Kaibab National Forests by Proclamation

of July 2, 1908 (35 Stat. 2196).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 685, 686, 687 of this

title.

-CITE-

16 USC Sec. 685 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 685. Hunting, trapping, killing, or capturing game in

designated breeding areas unlawful

-STATUTE-

When such areas have been designated in the Wichita National

Forest as provided for in section 684 of this title, hunting,

trapping, killing, or capturing of game animals and birds upon the

lands of the United States within the limits of said areas shall be

unlawful, except under such regulations as may be prescribed from

time to time, by the Secretary of the Interior.

When such areas have been designated in the Grand Canyon National

Forest as provided in section 684 of this title, hunting, trapping,

killing, or capturing of game animals upon the lands of the United

States within the limits of said areas shall be unlawful, except

under such regulations as may be prescribed from time to time by

the Secretary of Agriculture.

-SOURCE-

(Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June 29, 1906, ch.

3593, Sec. 2, 34 Stat. 607; 1939 Reorg. Plan No. II, Sec. 4(f),

eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 25, 1948, ch.

645, Sec. 8, 9, 62 Stat. 860.)

-COD-

CODIFICATION

Words ''in the Wichita National Forest and in the Grand Canyon

National Forest'' inserted, and ''Secretary of the Interior and

Secretary of Agriculture, respectively'' substituted for

''Secretary of Agriculture'' because of Reorg. Plan No. II of 1939,

which transferred Bureau of Biological Survey from Department of

Agriculture to Department of the Interior. The successor to Wichita

National Forest, which was then administered by that Bureau, was

affected by the transfer. However, the successor to Grand Canyon

National Forest was administered by Forest Service and was

consequently not affected.

For successors to Wichita National Forest and Grand Canyon

National Forest, see Presidential Designation note set out under

section 684 of this title.

-MISC3-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions. See

section 41 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 686 of this title.

-CITE-

16 USC Sec. 686 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 686. Operation of local game laws not affected

-STATUTE-

It is the purpose of sections 684 and 685 of this title to

protect from trespass the public lands of the United States and the

game animals and birds which may be thereon, and not to interfere

with the operation of the local game laws as affecting private,

State, or Territorial lands.

-SOURCE-

(Jan. 24, 1905, ch. 137, Sec. 3, 33 Stat. 614; June 29, 1906, ch.

3593, Sec. 3, 34 Stat. 607.)

-CITE-

16 USC Sec. 687 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 687. Grand Canyon Game Preserve included in park

-STATUTE-

Such parts of the Grand Canyon National Game Preserve, designated

under authority of section 684 of this title, as are by this Act

included with (FOOTNOTE 1) the Grand Canyon National Park are

excluded and eliminated from said game preserve.

(FOOTNOTE 1) So in original. Probably should be ''within''.

-SOURCE-

(Feb. 26, 1919, ch. 44, Sec. 9, 40 Stat. 1178.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Feb. 26, 1919, ch. 44, 40

Stat. 1175, as amended, which is classified principally to

subchapter XXIV (Sec. 221 et seq.) of chapter 1 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 221b, 224 of this title.

-CITE-

16 USC Sec. 688 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 688. Repealed. Pub. L. 95-625, title III, Sec. 314(g), Nov.

10, 1978, 92 Stat. 3483

-MISC1-

Section, acts July 3, 1926, ch. 744, Sec. 6, 44 Stat. 821; June

25, 1948, ch. 645, Sec. 13, 62 Stat. 861, related to designation of

Sequoia National Game Refuge. See section 45f(b)(2) of this title.

EFFECTIVE DATE OF REPEAL

Section 314(g) of Pub. L. 95-625 provided in part that the repeal

of this section and section 45a-3 of this title is effective upon

the transfer of abolished Sequoia National Game Refuge by the

Secretary of Agriculture to the administrative jurisdiction of the

Secretary of the Interior under section 45f(b)(2) of this title.

WILD ANIMAL PROTECTION

Section 314(g) of Pub. L. 95-625 provided in part that repeal of

this section should not be construed to prohibit or prevent the

Secretary of the Interior from exercising any authority applicable

to the national parks respecting protection of birds, game, or

other wild animals.

-CITE-

16 USC Sec. 689 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 689. Tahquitz National Game Preserve

-STATUTE-

There is created within the San Bernardino National Forest in

Riverside County, California, for the protection of game animals,

and as the recognized breeding place therefor, the Tahquitz

National Game Preserve, which shall include the following lands:

Sections 28, 29, 30, 31, 32, 33, 34, and 35, township 3 south,

range 3 east, San Bernardino meridian; sections 1, 2, 3, 4, 9, 10,

11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35,

and 36, township 4 south, range 3 east, San Bernardino meridian;

and sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, and 24, township 5

south, range 3 east, San Bernardino meridian; but the establishment

of this reservation shall not interfere with any existing right or

withdrawals made prior to July 3, 1926: Provided, That all the land

with (FOOTNOTE 1) the exterior boundary of the aforesaid tract

shall first become the property of the United States.

(FOOTNOTE 1) So in original. Probably should be ''within''.

That where the Government survey has not been completed the

aforesaid description shall be deemed to refer to and be determined

by lines projected from the official survey.

-SOURCE-

(July 3, 1926, ch. 776, Sec. 1, 44 Stat. 889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 689a, 689c of this title.

-CITE-

16 USC Sec. 689a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 689a. Other uses of land permitted in Tahquitz National Game

Preserve

-STATUTE-

The lands included in said game preserve shall continue to be

parts of the national forest and nothing contained in sections 689

to 689d of this title shall prevent the Secretary of Agriculture

from permitting other uses of said lands under and in conformity

with the laws and rules and regulations applicable thereto so far

as any such use may be consistent with the purposes for which said

game preserve is established.

-SOURCE-

(July 3, 1926, ch. 776, Sec. 2, 44 Stat. 889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 689b, 689c of this title.

-CITE-

16 USC Sec. 689b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 689b. Hunting, pursuing, capturing in Tahquitz National Game

Preserve unlawful

-STATUTE-

On lands within the game preserve established in section 689a of

this title, hunting, pursuing, poisoning, killing, or capturing by

trapping, netting, or any other means, or attempting to hunt,

pursue, kill, or capture any wild animals or birds for any purpose

whatever upon the lands of the United States within the limits of

said game preserve shall be unlawful except as hereinafter

provided.

-SOURCE-

(July 3, 1926, ch. 776, Sec. 3, 44 Stat. 889; June 25, 1948, ch.

645, Sec. 14, 62 Stat. 861.)

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions. See

section 41 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 689a, 689c of this title.

-CITE-

16 USC Sec. 689c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 689c. Rules and regulations for administration of the Tahquitz

Preserve; predatory animals

-STATUTE-

The Secretary of Agriculture shall execute the provisions of

sections 689 to 689d of this title, and he is authorized to make

all needful rules and regulations for the administration of such

game preserves in accordance with the purposes of said sections,

including regulations for hunting, capturing, or killing predatory

animals, such as wolves, coyotes, cougar, and other species

destructive to livestock or wildlife within the limits of said game

preserve.

-SOURCE-

(July 3, 1926, ch. 776, Sec. 4, 44 Stat. 889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 689a of this title.

-CITE-

16 USC Sec. 689d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 689d. Acceptance of title to privately owned lands within

Tahquitz Preserve

-STATUTE-

Upon the recommendation of the Secretary of Agriculture the

Secretary of the Interior is authorized in his discretion to

accept, on behalf of the United States, title to any lands in

private ownership within the boundaries of the game preserve

established, and make exchange therefor under the provisions of

sections 485 and 486 of this title.

-SOURCE-

(July 3, 1926, ch. 776, Sec. 5, 44 Stat. 889.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 689a, 689c of this title.

-CITE-

16 USC Sec. 690 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690. Bear River Migratory Bird Refuge; establishment;

acquisition of lands

-STATUTE-

The Secretary of the Interior is authorized to construct, at Bear

River Bay and vicinity, Utah, such dikes, ditches, spillways,

buildings, and improvements as may be necessary, in his judgment,

for the establishment of a suitable refuge and feeding and breeding

grounds for migratory wild fowl; also to acquire, by purchase,

gift, or lease, water rights and privately owned lands, including

the improvements thereon, deemed necessary by him for the purpose,

or, in lieu of purchase, to compensate any owner for any damage

sustained by reason of the submergence of his lands.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 1, 45 Stat. 448; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690c, 690d, 690f of

this title.

-CITE-

16 USC Sec. 690a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690a. Maintenance of lands acquired as refuge and breeding

place for migratory birds

-STATUTE-

Such lands, when acquired in accordance with the provisions of

sections 690 to 690i of this title, together with such lands of the

United States as may be designated for the purpose by proclamations

or Executive orders of the President, shall constitute the Bear

River Migratory Bird Refuge and shall be maintained as a refuge and

breeding place for migratory birds included in the terms of the

convention between the United States and Great Britain for the

protection of migratory birds, concluded August 16, 1916.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 2, 45 Stat. 448.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690c, 690d, 690e, 690f,

690g, 690h of this title.

-CITE-

16 USC Sec. 690b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690b. Consent of Utah to acquisition of lands for Bear River

Refuge; approval of title to lands acquired

-STATUTE-

No such area shall be acquired by the Secretary of the Interior

unless or until the Legislature of the State of Utah has consented

to the acquisition of lands by the United States for use as a

refuge for migratory wild fowl, and shall have provided for the use

as a refuge for migratory wild fowl by the United States of any

lands owned or controlled by the State in Bear River Bay, Utah, and

vicinity, which the Secretary of the Interior may deem necessary

for such purpose, and which the Secretary of the Interior is

authorized to accept on behalf of the United States; and, except in

the case of a lease, no payments shall be made by the United States

for any such area until title thereto is satisfactory to the

Attorney General.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 3, 45 Stat. 449; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690c, 690d, 690e,

690f, 690g, 690h of this title.

-CITE-

16 USC Sec. 690c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690c. Existence of easements, reservations, or exceptions as

barring acquisition of lands

-STATUTE-

The existence of a right-of-way easement or other reservation or

exception in respect of such area shall not be a bar to its

acquisition (1) if the Secretary of the Interior determines that

any such reservation or exception will in no manner interfere with

the use of the area for the purposes of sections 690 to 690i of

this title, or (2) if in the deed or other conveyance it is

stipulated that any reservation or exception in respect of such

area, in favor of the person from whom the United States receives

title, shall be subject to regulations prescribed under authority

of sections 690 to 690i of this title.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 4, 45 Stat. 449; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690d, 690e, 690f,

690g, 690h of this title.

-CITE-

16 USC Sec. 690d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690d. Injuries to property on Bear River Refuge; disturbance

of birds, etc.; violation of regulations for use of refuge

-STATUTE-

No person shall take, injure, or disturb any bird, or nest or egg

thereof, or injure or destroy any notice, signboard, fence, dike,

ditch, dam, spillway, improvement, or other property of the United

States on any area acquired or received under sections 690 to 690i

of this title, or remove therefrom or cut, burn, injure, or destroy

any grass or other natural growth thereon, or enter, use, or occupy

the refuge for any purpose, except in accordance with regulations

prescribed by the Secretary of the Interior: Provided, That at no

time shall less than 60 per centum of the total acreage of the said

refuge be maintained as an inviolate sanctuary for such migratory

birds.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 5, 45 Stat. 449; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690c, 690e, 690f, 690g,

690h of this title.

-CITE-

16 USC Sec. 690e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690e. Enforcement of laws and regulations; warrants and

processes; jurisdiction of courts; forfeiture of property

captured, injured, killed or removed

-STATUTE-

(a) Arrests and warrants

Any employee of the Department of the Interior authorized by the

Secretary of the Interior to enforce the provisions of sections 690

to 690i of this title (1) shall have power, without warrant, to

arrest any person committing in the presence of such employee a

violation of sections 690 to 690i of this title or of any

regulation made pursuant thereto, and to take such person

immediately for examination or trial before an officer or court of

competent jurisdiction, and (2) shall have power to execute any

warrant or other process issued by an officer or court of competent

jurisdiction to enforce the provisions of said sections or

regulations made pursuant thereto. Any judge of a court

established under the laws of the United States, or any United

States magistrate judge may, within his respective jurisdiction,

upon proper oath or affirmation showing probable cause, issue

warrants in all such cases.

(b) Seizures and forfeitures

All birds or animals, or parts thereof, captured, injured, or

killed, and all grass and other natural growths, and nests and eggs

of birds removed contrary to the provisions of sections 690 to 690i

of this title or any regulation made pursuant thereto, shall, when

found by such employee or by any marshal or deputy marshal, be

summarily seized by him, and upon conviction of the offender or

upon judgment of a court of the United States that the same were

captured, killed, taken, or removed contrary to the provisions of

sections 690 to 690i of this title or of any regulation made

pursuant thereto, shall be forfeited to the United States and

disposed of as directed by the Secretary of the Interior, in

accordance with law.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 6, 45 Stat. 449; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub.

L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;

Pub. L. 95-616, Sec. 3(g), Nov. 8, 1978, 92 Stat. 3111; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-MISC2-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-616 substituted ''as directed by

the Secretary of the Interior, in accordance with law'' for ''as

directed by the court having jurisdiction''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure. Previously, ''United States

magistrate'' substituted for ''United States commissioner''

pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of

Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690c, 690d, 690f,

690g, 690h of this title.

-CITE-

16 USC Sec. 690f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690f. Expenditures by Secretary of the Interior for

construction, maintenance, etc., of Bear River Refuge;

employment of necessary means to execute functions imposed on

him

-STATUTE-

The Secretary of the Interior is authorized to make such

expenditures for construction, equipment, maintenance, repairs, and

improvements, including necessary investigations, and expenditures

for personal services and office expenses at the seat of government

and elsewhere, and to employ such means as may be necessary to

execute the functions imposed upon him by this section or sections

690 to 690i of this title and as may be provided for by Congress

from time to time.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 7, 45 Stat. 449; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690c, 690d, 690e,

690g, 690h of this title.

-CITE-

16 USC Sec. 690g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690g. Violation of laws and regulations; penalties

-STATUTE-

Any person who shall violate or fail to comply with any provision

of, or any regulation made pursuant to sections 690d to 690i of

this title shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be fined not more than $500 or be

imprisoned not more than six months, or both.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 9, 45 Stat. 450.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 690a, 690c, 690d, 690e,

690f, 690h of this title.

-CITE-

16 USC Sec. 690h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690h. ''Person'' defined

-STATUTE-

As used in sections 690 to 690i of this title the term ''person''

includes an individual, partnership, association, or corporation.

-SOURCE-

(Apr. 23, 1928, ch. 413, Sec. 10, 45 Stat. 450.)

-REFTEXT-

REFERENCES IN TEXT

Section 690i, included within the reference to sections 690 to

690i, was omitted from the Code.

-CITE-

16 USC Sec. 690i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 690i. Omitted

-COD-

CODIFICATION

Section, act Apr. 23, 1928, ch. 413, Sec. 8, 45 Stat. 450,

authorized the appropriation of $350,000 for purposes of sections

690 to 690h of this title, including $50,000 for purchase of land

and improvements thereon.

-CITE-

16 USC Sec. 691 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 691. Cheyenne Bottoms Migratory Bird Refuge; location;

acquisition of land

-STATUTE-

The Secretary of the Interior is authorized to acquire by

purchase, gift, or lease not to exceed twenty thousand acres of

land in what is known as the Cheyenne Bottoms, in Barton County,

Kansas, or, in lieu of purchase, to compensate any owner for any

damage sustained by reason of submergence of his lands.

-SOURCE-

(June 12, 1930, ch. 469, Sec. 1, 46 Stat. 579; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 691a, 691c, 691d of this

title.

-CITE-

16 USC Sec. 691a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 691a. Establishment of Cheyenne Bottoms Migratory Bird Refuge;

purpose

-STATUTE-

Such lands, when acquired in accordance with the provisions of

section 691 of this title, shall constitute the Cheyenne Bottoms

Migratory Bird Refuge, and shall be maintained as a refuge and

breeding place for migratory birds included in the terms of the

convention between the United States and Great Britain for the

protection of migratory birds concluded August 16, 1916.

-SOURCE-

(June 12, 1930, ch. 469, Sec. 2, 46 Stat. 579.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 691c, 691d of this title.

-CITE-

16 USC Sec. 691b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 691b. Omitted

-COD-

CODIFICATION

Section, act June 12, 1930, ch. 469, Sec. 3, 46 Stat. 579,

authorized the appropriation of $250,000 for purchase of land

described in section 691 of this title.

-CITE-

16 USC Sec. 691c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 691c. Acquisition of areas for Cheyenne Bottoms Refuge; title;

rights-of-way, easements, and reservations

-STATUTE-

The Secretary of the Interior may do all things and make all

expenditures necessary to secure the safe title in the United

States to the areas which may be acquired under section 691 of this

title, including purchase of options when deemed necessary by the

Secretary of the Interior, and expenses incident to the location,

examination, and survey of such areas and the acquisition of title

thereto, but no payment shall be made for any such areas until the

title thereto shall be satisfactory to the Attorney General. That

the acquisition of such areas by the United States shall in no case

be defeated because of rights-of-way, easements, and reservations

which from their nature will in the opinion of the Secretary of the

Interior in no manner interfere with the use of the areas so

encumbered for the purpose of section 691a of this title.

-SOURCE-

(June 12, 1930, ch. 469, Sec. 4, 46 Stat. 579; 1939 Reorg. Plan No.

II, Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-TRANS-

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of

the Interior by Reorg. Plan No. II of 1939, see Transfer of

Functions note set out under section 671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 691d of this title.

-CITE-

16 USC Sec. 691d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 691d. Applicability of certain statutes

-STATUTE-

Sections 715f to 715i and 715l to 715n (FOOTNOTE 1) of this title

are made applicable for the purposes of sections 691, 691a, and

691c of this title in the same manner and to the same extent as

though they were enacted as a part of those sections.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 12, 1930, ch. 469, Sec. 5, 46 Stat. 579.)

-REFTEXT-

REFERENCES IN TEXT

Sections 715l and 715m of this title, referred to in text, were

repealed by Pub. L. 89-669, Sec. 7(d), Oct. 15, 1966, 80 Stat. 930.

See section 668dd(f) and (e) of this title.

-CITE-

16 USC Sec. 692 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 692. Game sanctuaries or refuges in Ocala National Forest;

creation

-STATUTE-

The President of the United States is authorized to designate as

game refuges such lands of the United States within the Ocala

National Forest, in the State of Florida, as in his judgment should

be set aside for the protection of game animals and birds, but it

is not intended that the lands so designated shall cease to be

parts of the national forest within which they are located, and the

establishment of such game sanctuaries or refuges shall not prevent

the Secretary of Agriculture from permitting other uses of the

lands under and in conformity with the laws and regulations

applicable thereto so far as such uses may be consistent with the

purposes for which such game sanctuaries or refuges are

established.

-SOURCE-

(June 28, 1930, ch. 709, Sec. 1, 46 Stat. 827.)

-MISC1-

PRESIDENTIAL DESIGNATION

Lands comprising the Ocala National Game Refuge were designated

by Proclamation of July 24, 1930 (46 Stat. 3031), and Executive

Order No. 5814 of Mar. 1, 1932.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 692a of this title.

-CITE-

16 USC Sec. 692a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 692a. Hunting, pursuing, capturing, etc., in Ocala National

Forest unlawful

-STATUTE-

When such game sanctuaries or refuges have been established as

provided in section 692 of this title, the hunting, pursuing,

poisoning, killing, or capturing by trapping, netting, or any other

means, or attempting to hunt, pursue, kill, or capture any game

animals or birds upon the lands of the United States within the

limits of such game sanctuaries or refuges shall be unlawful except

under such rules and regulations as the Secretary of Agriculture

may from time to time prescribe.

-SOURCE-

(June 28, 1930, ch. 709, Sec. 2, 46 Stat. 828; June 25, 1948, ch.

645, Sec. 15, 62 Stat. 861.)

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions (see

section 41 of Title 18, Crimes and Criminal Procedure), and

inserted reference to rules and regulations of the Secretary of

Agriculture.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-CITE-

16 USC Sec. 693 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 693. Game sanctuaries and refuges in Ouachita National Forest

-STATUTE-

For the purpose of providing breeding places and for the

protection and administration of game animals, birds, and fish, the

President of the United States is authorized, upon the

recommendation of the Secretary of Agriculture, to establish by

public proclamation certain specified areas within the Ouachita

National Forest as game sanctuaries and refuges.

-SOURCE-

(June 13, 1933, ch. 63, Sec. 1, 48 Stat. 128.)

-MISC1-

PRESIDENTIAL DESIGNATION

Areas comprising the Quachita National Wildlife Preserve,

formerly known as the Muddy Creek Refuge, were designated by

Proclamations of Mar. 8, 1935 (49 Stat. 3439), and Oct. 29, 1938

(53 Stat. 2495).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 693a of this title.

-CITE-

16 USC Sec. 693a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 693a. Rules and regulations for administration of Ouachita

National Forest; violations; penalties

-STATUTE-

The Secretary of Agriculture shall execute the provisions of this

section and section 693 of this title, and he is authorized to

prescribe all general rules and regulations for the administration

of such game sanctuaries and refuges, and violation of such rules

and regulations shall be punished by fine of not more than $500 or

imprisonment for not more than six months or both.

-SOURCE-

(June 13, 1933, ch. 63, Sec. 2, 48 Stat. 128.)

-CITE-

16 USC Sec. 693b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 693b. Robert S. Kerr Memorial Arboretum and Nature Center in

Ouachita National Forest; authority to establish

-STATUTE-

In order to preserve, develop, and make available to this and

future generations the opportunity to advance themselves morally,

intellectually, and spiritually by learning about nature and to

promote, demonstrate, and stimulate interest in and knowledge of

the management of forest lands under principles of multiple use and

sustained yield and the development and progress of management of

forest lands in America, the Secretary of Agriculture is hereby

authorized to establish the Robert S. Kerr Memorial Arboretum and

Nature Center in the Ouachita National Forest. As soon as possible

after June 4, 1968, the Secretary of Agriculture shall publish

notice of the designation thereof in the Federal Register, together

with an appropriate legal description of the property. A map

showing the location of the designated arboretum and center shall

be on file and available for public inspection in the office of the

Chief, Forest Service, Department of Agriculture.

-SOURCE-

(Pub. L. 90-327, Sec. 1, June 4, 1968, 82 Stat. 169.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 693c, 693d of this title.

-CITE-

16 USC Sec. 693c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 693c. Administration by Secretary of Agriculture of the Robert

S. Kerr Center

-STATUTE-

The area designated as the Robert S. Kerr Memorial Arboretum and

Nature Center shall be administered, protected, and developed

within and as a part of the Ouachita National Forest by the

Secretary of Agriculture in accordance with the laws, rules, and

regulations applicable to national forests in such manner as in his

judgment will best provide for the purposes of sections 693b to

693d of this title and to provide for such management, utilization,

and disposal of the natural resources as in his judgment will

promote or is compatible with and does not significantly impair the

purposes for which the Robert S. Kerr Memorial Arboretum and Nature

Center is established.

-SOURCE-

(Pub. L. 90-327, Sec. 2, June 4, 1968, 82 Stat. 169.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 693d of this title.

-CITE-

16 USC Sec. 693d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 693d. Cooperation with public and private agencies;

contributions and gifts for Robert S. Kerr Center

-STATUTE-

The Secretary of Agriculture is hereby authorized to cooperate

with and receive the cooperation of public and private agencies and

organizations and individuals in the development, administration,

and operation of the Robert S. Kerr Memorial Arboretum and Nature

Center. The Secretary of Agriculture is authorized to accept

contributions and gifts to be used to further the purposes of

sections 693b to 693d of this title.

-SOURCE-

(Pub. L. 90-327, Sec. 3, June 4, 1968, 82 Stat. 169.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 693c of this title.

-CITE-

16 USC Sec. 694 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 694. Fish and game sanctuaries in national forests;

establishment by President

-STATUTE-

For the purpose of providing breeding places for game birds, game

animals, and fish on lands and waters in the national forests not

chiefly suitable for agriculture, the President of the United

States is authorized, upon recommendation of the Secretary of

Agriculture and the Secretary of Commerce and with the approval of

the State legislatures of the respective States in which said

national forests are situated, to establish by public proclamation

certain specified and limited areas within said forests as fish and

game sanctuaries or refuges which shall be devoted to the increase

of game birds, game animals, and fish of all kinds naturally

adapted thereto, but it is not intended that the lands included in

such fish and game sanctuaries or refuges shall cease to be parts

of the national forests wherein they are located, and the

establishment of such fish and game sanctuaries or refuges shall

not prevent the Secretary of Agriculture from permitting other uses

of the national forests under and in conformity with the laws and

the rules and regulations applicable thereto so far as such uses

may be consistent with the purposes for which such fish and game

sanctuaries or refuges are authorized to be established.

-SOURCE-

(Mar. 10, 1934, ch. 54, Sec. 1, 48 Stat. 400.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with sections 694 to 694b of this title with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see Reorg. Plan No. 1 of 1979, Sec. 102(f), 203(a), 44 F.R.

33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out

in the Appendix to Title 5, Government Organization and Employees.

Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of Title 15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 694a, 694b of this title.

-CITE-

16 USC Sec. 694a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 694a. Hunting, pursuing, capturing, etc., in sanctuaries in

national forests unlawful

-STATUTE-

When such fish and game sanctuaries or refuges have been

established as provided in section 694 of this title, hunting,

pursuing, poisoning, angling for, killing, or capturing by

trapping, netting, or any other means, or attempting to hunt,

pursue, angle for, kill, or capture any wild animals or fish for

any purpose whatever upon the lands of the United States within the

limits of said fish and game sanctuaries or refuges shall be

unlawful except as hereinafter provided.

-SOURCE-

(Mar. 10, 1934, ch. 54, Sec. 2, 48 Stat. 400; June 25, 1948, ch.

645, Sec. 16, 62 Stat. 861.)

-MISC1-

AMENDMENTS

1948 - Act June 25, 1948, struck out penal provisions. See

section 41 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 10 of act June 25, 1948, provided that the amendment made

by that act is effective Sept. 1, 1948.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 694b of this title.

-CITE-

16 USC Sec. 694b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 694b. Rules and regulations for administration of sanctuaries

in national forests; jurisdiction of States

-STATUTE-

The Secretaries of Agriculture and Commerce shall execute the

provisions of sections 694 to 694b of this title, and they are

jointly authorized to make all needful rules and regulations for

the administration of such fish and game sanctuaries or refuges in

accordance with the purpose of sections 694 to 694b of this title,

including regulations not in contravention of State laws for

hunting, capturing, or killing predatory animals, such as wolves,

coyotes, foxes, pumas, and other species destructive to livestock

or wildlife or agriculture within the limits of said fish and game

sanctuaries or refuges: Provided, That the present jurisdiction of

the States shall not be altered or changed without the legislative

approval of such States.

-SOURCE-

(Mar. 10, 1934, ch. 54, Sec. 3, 48 Stat. 401.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with sections 694 to 694b of this title with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see Reorg. Plan No. 1 of 1979, Sec. 102(f), 203(a), 44 F.R.

33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out

in the Appendix to Title 5, Government Organization and Employees.

Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of Title 15, Commerce and Trade.

-CITE-

16 USC Sec. 695 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695. Migratory waterfowl and other wildlife refuge in

California; participation by State of California

-STATUTE-

The Secretary of the Interior is authorized to purchase or rent

not to exceed twenty thousand acres of land or interests therein in

suitable locations in the State of California, for the management

and control of migratory waterfowl and other wildlife in connection

therewith, from moneys to be appropriated by Congress from time to

time: Provided, That no sums appropriated under this authority for

the acquisition of lands shall be expended for such purpose unless

and until the State of California shall have set aside and made

available for expenditure funds for the purchase of equivalent

acreages as determined by the Secretary of the Interior.

-SOURCE-

(May 18, 1948, ch. 303, Sec. 1, 62 Stat. 238.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695b, 695c of this

title.

-CITE-

16 USC Sec. 695a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695a. Title in United States of California refuge areas;

existence of easements, reservations, etc.; affecting

acquisition

-STATUTE-

The Secretary of the Interior may do all things and make all

expenditures necessary to secure the safe title in the United

States to the areas which may be acquired under sections 695 to

695c of this title, including purchase of options when deemed

necessary, and expenses incident to the location, examination and

survey of such areas and the acquisition of title thereto, but no

payments shall be made for any such areas until the title thereto

shall be satisfactory to the Attorney General. The acquisition of

such areas by the United States shall in no case be defeated

because of rights-of-way, easements, exceptions, and reservations

which from their nature will, in the opinion of the Secretary of

the Interior, in no manner interfere with the use of the areas so

encumbered for the purposes of said sections.

-SOURCE-

(May 18, 1948, ch. 303, Sec. 2, 62 Stat. 238.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695b, 695c of this title.

-CITE-

16 USC Sec. 695b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695b. Applicability of certain statutes

-STATUTE-

Sections 715g to 715i and 715l to 715n of this title are made

applicable for the purposes of sections 695 to 695c of this title

in the same manner and to the same extent as though they were

enacted as part of sections 695 to 695c of this title, except that

lands acquired hereunder may be administered primarily as wildlife

management areas not subject to the prohibition against the taking

of birds or nests or the eggs thereof, as contained in section 715i

of this title, and hunting thereon may be regulated, at the option

of the Fish and Game Commission of the State of California, in such

cooperative manner as is deemed necessary to carry out the purposes

of sections 695 to 695c of this title subject, however, to the

provisions of the Migratory Bird Treaty Act of July 3, 1918 (16

U.S.C. 703 et seq.).

-SOURCE-

(May 18, 1948, ch. 303, Sec. 3, 62 Stat. 239.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Treaty Act of July 3, 1918, referred to in

text, is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which

is classified generally to subchapter II of chapter 7 (Sec. 703 et

seq.) of this title. For complete classification of this Act to

the Code, see section 710 of this title and Tables.

Sections 715l and 715m of this title, referred to in text, were

repealed by Pub. L. 89-669, Sec. 7(d), Oct. 15, 1966, 80 Stat. 930.

See section 668d(f) and (e) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695c of this title.

-CITE-

16 USC Sec. 695c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695c. Availability of funds for construction of dams,

buildings, etc., for California refuge

-STATUTE-

Funds made available under sections 695 to 695c of this title or

any other Act for the administration, maintenance, and development

of any areas acquired under said sections, shall be available also

for the construction of dams, dikes, ditches, buildings, and other

necessary improvements and for the purchase, planting, growing, and

harvesting of grains and other crops for the feeding of waterfowl

and other wildlife frequenting the localities where such lands may

be purchased or rented.

-SOURCE-

(May 18, 1948, ch. 303, Sec. 4, 62 Stat. 239.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695a, 695b of this title.

-CITE-

16 USC Sec. 695d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695d. Development of water supplies for waterfowl management

in California; reauthorization of Central Valley Project

-STATUTE-

The entire Central Valley project, California, heretofore

authorized under the Act of August 26, 1937 (50 Stat. 844, 850),

and reauthorized under the Act of October 17, 1940 (54 Stat. 1198,

1199), the Act of October 14, 1949 (63 Stat. 852), and the Act of

September 26, 1950 (64 Stat. 1036), is reauthorized and declared to

be for the purposes set forth in said Acts, and also for the use of

the waters thereof for fish and wildlife purposes, subject to such

priorities as are applicable under said Acts.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 1, 68 Stat. 879.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 26, 1937 (50 Stat. 844, 850), Act of October 17,

1940 (54 Stat. 1198, 1199), Act of October 14, 1949 (63 Stat. 852),

and Act of September 26, 1950 (64 Stat. 1036), referred to in text,

are acts Aug. 26, 1937, ch. 832, 50 Stat. 844; Oct. 17, 1940, ch.

895, 54 Stat. 1198; Oct. 14, 1949, ch. 690, 63 Stat. 852; Sept. 26,

1950, ch. 1047, 64 Stat. 1036, which were not classified to the

Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695i, 695j, 695j-1

of this title.

-CITE-

16 USC Sec. 695e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695e. Construction, operation, and maintenance of water supply

development works

-STATUTE-

The Secretary of the Interior is authorized to construct,

operate, and maintain such works on waterfowl management areas and

refuges owned and operated by the State of California or the United

States as may be necessary or desirable for the development of a

water supply by means of wells and the recovery of drainage, and to

furnish water available from such works, and water available from

Central Valley project sources, for wildlife management purposes

substantially in accordance with the recommendations set forth in

the report of the United States Department of the Interior entitled

''Waterfowl Conservation in the Lower San Joaquin Valley, Its

Relation to the Grasslands and the Central Valley Project,'' dated

October 1950, and such works should be developed in cooperation

with the State of California.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 2, 68 Stat. 879.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695f, 695g, 695h, 695i,

695j, 695j-1 of this title.

-CITE-

16 USC Sec. 695f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695f. Construction, etc., authorized by section 695e as not

reimbursable or returnable under reclamation laws

-STATUTE-

The cost of investigation, planning, and construction of the

works and the delivery of water as authorized in section 695e of

this title shall not be reimbursable or returnable under the

Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and

the Acts amendatory thereof and supplementary thereto).

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 3, 68 Stat. 879.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation laws, including the Act of June 17, 1902, 32

Stat. 388, and the Acts amendatory thereof and supplementary

thereto, referred to in text, are classified generally to chapter

12 (Sec. 371 et seq.) of Title 43, Public Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695i, 695j, 695j-1

of this title.

-CITE-

16 USC Sec. 695g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695g. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such funds, not to

exceed $400,000, for construction of necessary works to supply

water for State and federally owned and operated waterfowl

management areas in the San Joaquin Valley to carry out the

purposes of sections 695d to 695j-1 of this title.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 4, 68 Stat. 879.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695i, 695j, 695j-1 of

this title.

-CITE-

16 USC Sec. 695h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695h. Ownership by State of California of works constructed

-STATUTE-

Works constructed under the authorization of section 695e of this

title, for the purpose of supplying State wildlife management areas

with water, shall become the property of the State of California

when constructed.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 5, 68 Stat. 879.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695i, 695j, 695j-1

of this title.

-CITE-

16 USC Sec. 695i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695i. Authorization of Secretary of the Interior to contract

for water delivery; nonreimbursable or nonreturnable basis of

delivery

-STATUTE-

The Secretary of the Interior is authorized to contract for the

delivery of water to public organizations or agencies for use

within the boundaries of such organizations or agencies for

waterfowl purposes in the Grasslands area of the San Joaquin

Valley. If and when available, such water shall be delivered from

the Central Valley project to the contracting entity, and the cost

of furnishing the water shall not be reimbursable or returnable

under the Federal reclamation laws: Provided, That, in order for

the delivery of such water to continue on a nonreimbursable or

nonreturnable basis -

(a) Amount and time of water delivery to Service

the public organizations or agencies contracting with the

Secretary of the Interior, excluding the State of California,

shall deliver annually to the United States Fish and Wildlife

Service (hereinafter referred to as the ''Service''), at no cost

to the United States, not less than three thousand five hundred

acre-feet of water during the period October 1 through November

30, inclusive, and not less than four thousand acre-feet of water

during the period May 1 through September 30, inclusive, if

available: Provided, That such amounts of water and times of

delivery may be changed upon approval of the Secretary of the

Interior;

(b) Construction, operation, and maintenance of water conveyance

facilities

the public organizations or agencies, excluding the State of

California, shall construct, operate, and maintain any water

conveyance facilities necessary to deliver the water referred to

in subsection (a) of this section to a point or points within the

boundaries of such public organization or agency as designated by

the Service, or to such points as may be mutually agreed upon by

the public organization or agency and the Service. The Service

shall be responsible for delivering the water from such point or

points to appropriate locations within lands under its

jurisdiction;

(c) Reversionary rights of Secretary

any contract entered into by the Secretary of the Interior and

any public organization or agency pursuant to sections 695d to

695j-1 this title shall provide that in the event the public

organization or agency for any reason fails to carry out the

obligations imposed upon it by said contract or by sections 695d

to 695j-1 this title, the rights of use of any facilities

referred to in subsection (b) of this section, and the rights to

all water contracted for by the organization or agency pursuant

to sections 695d to 695j-1 this title shall revert to the

Secretary of the Interior for migratory waterfowl purposes in

accordance with the laws of the State of California; and

(d) Restrictive covenants

in accordance with existing or future contracts, the use of

lands located within the boundaries of the public organizations

or agencies shall be restricted by covenants requiring that such

lands be used only for the purpose of waterfowl and wildlife

habitat conservation or other uses as may be mutually agreed upon

by the public organizations or agencies and the Service.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 6, 68 Stat. 879; Pub. L. 95-616,

Sec. 10(a), Nov. 8, 1978, 92 Stat. 3115.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in introductory text,

include the act of June 17, 1902, ch. 1093, 32 Stat. 388, as

amended, popularly known as the Reclamation Act, and Acts

amendatory thereof and supplementary thereto, classified generally

to chapter 12 (Sec. 371 et seq.) of Title 43, Public Lands. For

complete classification of act June 17, 1902, to the Code, see

Short Title note set out under section 371 of Title 43 and Tables.

-MISC2-

AMENDMENTS

1978 - Pub. L. 95-616 inserted second sentence, including pars.

(a) to (d), and struck out prior second sentence which read as

follows: ''If and when available, such water shall be delivered

from the Central Valley project at a charge not to exceed the

prevailing charge for class 2 water.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695j, 695j-1 of

this title.

-CITE-

16 USC Sec. 695j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695j. Conformity of water use with California laws;

construction of sections 695d to 695j-1

-STATUTE-

The use of all water furnished by the Secretary of the Interior

under sections 695e and 695i of this title shall be subject to and

not inconsistent with the laws of the State of California relating

to priorities of deliveries and use of water. Nothing contained in

sections 695d to 695j-1 of this title shall be construed as an

allocation of water.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 7, 68 Stat. 880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695i, 695g, 695j-1 of

this title.

-CITE-

16 USC Sec. 695j-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695j-1. Conformity of contracts with Federal law through

negotiation of amendments

-STATUTE-

The Secretary is hereby authorized to negotiate amendments to

existing contracts to conform said contracts to the provisions of

sections 695d to 695j-1 of this title.

-SOURCE-

(Aug. 27, 1954, ch. 1012, Sec. 8, as added Pub. L. 95-616, Sec.

10(b), Nov. 8, 1978, 92 Stat. 3115.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695i, 695j of this

title.

-CITE-

16 USC Sec. 695k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695k. Congressional declaration of policy for preservation of

habitat for migratory waterfowl and prevention of depredations

on agricultural crops

-STATUTE-

It is hereby declared to be the policy of the Congress to

stabilize the ownership of the land in the Klamath Federal

reclamation project, Oregon and California, as well as the

administration and management of the Klamath Federal reclamation

project and the Tule Lake National Wildlife Refuge, Lower Klamath

National Wildlife Refuge, Upper Klamath National Wildlife Refuge,

and Clear Lake National Wildlife Refuge, to preserve intact the

necessary existing habitat for migratory waterfowl in this vital

area of the Pacific flyway, and to prevent depredations of

migratory waterfowl on agricultural crops in the Pacific Coast

States.

-SOURCE-

(Pub. L. 88-567, Sec. 1, Sept. 2, 1964, 78 Stat. 850.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695l. Dedication of lands within boundaries of refuges to

wildlife conservation; administration of lands for waterfowl

management and optimum agricultural use; homestead entry

prohibition; inclusion of other public lands; property of the

United States

-STATUTE-

Notwithstanding any other provisions of law, all lands owned by

the United States lying within the Executive order boundaries of

the Tule Lake National Wildlife Refuge, the Lower Klamath National

Wildlife Refuge, the Upper Klamath National Wildlife Refuge, and

the Clear Lake Wildlife Refuge are hereby dedicated to wildlife

conservation. Such lands shall be administered by the Secretary of

the Interior for the major purpose of waterfowl management, but

with full consideration to optimum agricultural use that is

consistent therewith. Such lands shall not be opened to homestead

entry. The following public lands shall also be included within

the boundaries of the area dedicated to wildlife conservation,

shall be administered by the Secretary of the Interior for the

major purpose of waterfowl management, but with full consideration

to optimum agricultural use that is consistent therewith, and shall

not be opened to homestead entry: Hanks March, and first form

withdrawal lands (approximately one thousand four hundred and forty

acres) in Klamath County, Oregon, lying adjacent to Upper Klamath

National Wildlife Refuge; White Lake in Klamath County, Oregon, and

Siskiyou County, California; and thirteen tracts of land in

Siskiyou County, California, lettered as tracts ''A'', ''B'',

''C'', ''D'', ''E'', ''F'', ''G'', ''H'', ''I'', ''J'', ''K'',

''L'', and ''N'' totaling approximately three thousand two hundred

and ninety-two acres, and tract ''P'' in Modoc County, California,

containing about ten acres, all as shown on plate 4 of the report

entitled ''Plan for Wildlife Use of Federal Lands in the Upper

Klamath Basin, Oregon-California,'' dated April 1956, prepared by

the United States Fish and Wildlife Service. All the above lands

shall remain permanently the property of the United States.

-SOURCE-

(Pub. L. 88-567, Sec. 2, Sept. 2, 1964, 78 Stat. 850.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695n, 695r of this title.

-CITE-

16 USC Sec. 695m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695m. Annual percentage payments of net revenues from leases

of Klamath project lands on pro rata basis; limitation on

payments; priority of use of net revenues

-STATUTE-

Subject to conditions hereafter prescribed, and pursuant to such

regulations as may be issued by the Secretary, 25 per centum of the

net revenues collected during each fiscal year from the leasing of

Klamath project reserved Federal lands within the Executive order

boundaries of the Lower Klamath National Wildlife Refuge and the

Tule Lake National Wildlife Refuge shall be paid annually by the

Secretary, without further authorization, for each full fiscal year

after September 2, 1964 to the counties in which such refuges are

located, such payments to be made on a pro rata basis to each

county based upon the refuge acreage in each county: Provided, That

the total annual payment per acre to each county shall not exceed

50 per centum of the average per acre tax levied on similar lands

in private ownership in each county, as determined by the

Secretary: Provided further, That no such payments shall be made

which will reduce the credits or the payments to be made pursuant

to contractual obligations of the United States with the Tulelake

Irrigation District or the payments to the Klamath Drainage

District as full reimbursement for the construction of irrigation

facilities within said district, and that the priority of use of

the total net revenues collected from the leasing of the lands

described in this section shall be (1) to credit or pay from each

revenues to the Tulelake Irrigation District the amounts already

committed to such payment or credit; (2) to pay from such revenues

to the Klamath Drainage District the sum of $197,315; and (3) to

pay from such revenues to the counties the amounts prescribed by

this section.

-SOURCE-

(Pub. L. 88-567, Sec. 3, Sept. 2, 1964, 78 Stat. 850.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695n. Leases of Lower Klamath and Tule Lake National Wildlife

Refuge reserved lands; management of other reserved public

lands for waterfowl purposes

-STATUTE-

The Secretary shall, consistent with proper waterfowl management,

continue the present pattern of leasing the reserved lands of the

Klamath Straits unit, the Southwest Sump, the League of Nations

unit, the Henzel lease, and the Frog Pond unit, all within the

Executive order boundaries of the Lower Klamath and Tule Lake

National Wildlife Refuges and shown in plate 4 of the report

entitled ''Plan for Wildlife Use of Federal Lands in the Upper

Klamath Basin, Oregon-California,'' dated April 1956. Leases for

these lands shall be at a price or prices designed to obtain the

maximum lease revenues. The leases shall provide for the growing

of grain, forage, and soil-building crops, except that not more

than 25 per centum of the total leased lands may be planted to row

crops. All other reserved public lands included in section 695l of

this title shall continue to be managed by the Secretary for

waterfowl purposes, including the growing of agricultural crops by

direct planting and sharecrop agreements with local cooperators

where necessary.

-SOURCE-

(Pub. L. 88-567, Sec. 4, Sept. 2, 1964, 78 Stat. 851.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695o. Limitation on reduction of areas by diking or other

construction

-STATUTE-

The areas of sumps 1(a) and 1(b) in the Klamath project lying

within the Executive order boundaries of the Tule Lake National

Wildlife Refuge shall not be reduced by diking or by any other

construction to less than the existing thirteen thousand acres.

-SOURCE-

(Pub. L. 88-567, Sec. 5, Sept. 2, 1964, 78 Stat. 851.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695p. Regulation of waters to maintain sump levels

-STATUTE-

In carrying out the obligations of the United States under any

migratory bird treaty, the Migratory Bird Treaty Act (40 Stat.

755), as amended (16 U.S.C. 703 et seq.), or the Migratory Bird

Conservation Act (45 Stat. 1222), as amended (16 U.S.C. 715 et

seq.), waters under the control of the Secretary of the Interior

shall be regulated, subject to valid existing rights, to maintain

sump levels in the Tule Lake National Wildlife Refuge at levels

established by regulations issued by the Secretary pursuant to the

contract between the United States and the Tulelake Irrigation

District, dated September 10, 1956, or any amendment thereof. Such

regulations shall accommodate to the maximum extent practicable

waterfowl management needs.

-SOURCE-

(Pub. L. 88-567, Sec. 6, Sept. 2, 1964, 78 Stat. 851.)

-REFTEXT-

REFERENCES IN TEXT

The Migratory Bird Treaty Act (40 Stat. 755), as amended,

referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, as

amended, which is classified generally to subchapter II of chapter

7 (Sec. 703 et seq.) of this title. For complete classification of

this Act to the Code, see section 710 of this title and Tables.

The Migratory Bird Conservation Act (45 Stat. 1222), as amended,

referred to in text, is act Feb. 18, 1929, ch. 257, 45 Stat. 1222,

as amended, which is classified generally to subchapter III (Sec.

715 et seq.) of chapter 7 of this title. For complete

classification of this Act to the Code, see section 715 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695q. Research studies on Clear Lake Refuge; report to

Congress

-STATUTE-

The Secretary is hereby directed to complete studies that have

been undertaken relating to the development of the water resources

and waterfowl management potential of the Clear Lake National

Wildlife Refuge. The results of such studies, when completed, and

the recommendations of the Secretary shall be submitted to the

Congress.

-SOURCE-

(Pub. L. 88-567, Sec. 7, Sept. 2, 1964, 78 Stat. 851.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695r of this title.

-CITE-

16 USC Sec. 695r 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 695r. Regulations by Secretary

-STATUTE-

The Secretary may prescribe such regulations as may be necessary

to carry out the provisions of sections 695k to 695r of this title.

-SOURCE-

(Pub. L. 88-567, Sec. 8, Sept. 2, 1964, 78 Stat. 851.)

-CITE-

16 USC Sec. 696 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 696. National Key Deer Refuge; establishment; acquisition of

property: exchanges, cash equalization payments; administration

-STATUTE-

In order to protect and preserve in the national interest the key

deer and other wildlife resources in the Florida Keys, the

Secretary of the Interior is authorized to acquire by purchase,

lease, exchange, and donations, including the use of donated funds,

such lands or interests therein in townships 65 and 66 south,

ranges 28, 29, and 30 east, Monroe County, Florida, as he shall

find to be suitable for the conservation and management of the said

key deer and other wildlife: Provided, That no lands within a one

thousand-foot zone adjacent to either side of United States Highway

Numbered 1 in Monroe County shall be acquired for the Key Deer

National Wildlife Refuge by condemnation. The Secretary, in the

exercise of his exchange authority, may accept title to any

non-Federal property in townships 65 and 66 south, ranges 28, 29,

and 30 east, Monroe County, Florida, and in exchange therefor

convey to the grantor of such property any federally owned property

in the State of Florida under his jurisdiction which he classifies

as suitable for exchange or other disposal. The values of the

properties so exchanged either shall be approximately equal, or if

they are not approximately equal the values shall be equalized by

the payment of cash to the grantor or to the Secretary as the

circumstances require. The properties so acquired shall constitute

the National Key Deer Refuge, and shall be administered by the

Secretary of the Interior in accordance with the laws and

regulations relating to the national wildlife refuges, including,

but not limited to, sections 664, 666a, and 666b of this title,

relating to the conservation of wildlife, fish, and game.

-SOURCE-

(Pub. L. 85-164, Sec. 1, Aug. 22, 1957, 71 Stat. 412; Pub. L.

89-669, Sec. 10(a), Oct. 15, 1966, 80 Stat. 930.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-669 struck out one thousand acres limitation on

acquisition of property, substituted prohibition against

condemnation of lands within a one thousand-foot zone adjacent to

either side of U.S. Highway Numbered 1 for the Key Deer National

Wildlife Refuge for former prohibition against condemnation of

lands on an island that is traversed at any point by U.S. Highway

Numbered 1, and required cash equalization payment when making

unequal exchanges of properties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 696a, 696b of this title.

-CITE-

16 USC Sec. 696a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 696a. Acquisition of title to properties for National Key Deer

Refuge; rights-of-way and easements

-STATUTE-

In furtherance of the aforesaid purposes, the Secretary may take

such action and make such expenditures as he shall find to be

necessary in order to secure satisfactory title in the United

States to such properties, including the payment of expenses

incidental to the location, examination, and survey of such lands

and the acquisition of title thereto; but no payment shall be made

for any such lands until the title thereto shall be satisfactory to

the Attorney General: Provided, That the acquisition of such lands

or interests therein by the United States shall in no case be

defeated because of rights-of-ways, easements, exceptions, and

reservations which, in the opinion of the Secretary of the

Interior, will not interfere materially with the use of such

properties for the purposes of sections 696 to 696b of this title.

-SOURCE-

(Pub. L. 85-164, Sec. 2, Aug. 22, 1957, 71 Stat. 412.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 696b of this title.

-CITE-

16 USC Sec. 696b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 696b. Authorization of appropriations; limitation

-STATUTE-

There is hereby authorized to be appropriated from time to time

out of any money in the Treasury not otherwise appropriated, such

amounts as may be necessary to effectuate the purposes of sections

696 to 696b of this title. The Secretary shall not utilize more

than $2,035,000 from appropriated funds for the acquisition of land

and interests in land for the purposes of sections 696 to 696b of

this title.

-SOURCE-

(Pub. L. 85-164, Sec. 3, Aug. 22, 1957, 71 Stat. 413; Pub. L.

89-669, Sec. 10(b), Oct. 15, 1966, 80 Stat. 930.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-669 increased from $35,000 to $2,035,000 the

limitation on funds for acquisition of land, provided for such

acquisition ''for the purposes of sections 696 to 696b of this

title'', and struck out sentence which provided that exchange by

the Secretary of lands and interests therein shall not be

considered an expenditure from appropriated funds for acquisition

of land.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 696a of this title.

-CITE-

16 USC Sec. 697, 697a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 697, 697a. Omitted

-COD-

CODIFICATION

Sections, Pub. L. 87-119, Aug. 3, 1961, 75 Stat. 243, which

established the Wyandotte National Wildlife Refuge to be

administered by the Secretary of the Interior in accordance with

the laws and regulations relating to national wildlife refuges,

have been omitted because of the limited scope of the subject

matter. The Wyandotte National Wildlife Refuge, was included

within and made a part of the Detroit River International Wildlife

Refuge by Pub. L. 107-91, Sec. 5(b), Dec. 21, 2001, 115 Stat. 896,

set out in the table of National Wildlife Refuges under section

668dd of this title.

-CITE-

16 USC Sec. 698 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698. Big Thicket National Preserve

-STATUTE-

(a) Establishment

In order to assure the preservation, conservation, and protection

of the natural, scenic, and recreational values of a significant

portion of the Big Thicket area in the State of Texas and to

provide for the enhancement and public enjoyment thereof, the Big

Thicket National Preserve is hereby established.

(b) Location; boundaries; publication in Federal Register

The Big Thicket National Preserve (hereafter referred to as the

''preserve'') shall include the units generally depicted on the map

entitled ''Big Thicket National Preserve'', dated October 1992, and

numbered 175-80008, which shall be on file and available for public

inspection in the offices of the National Park Service, Department

of the Interior, and the offices of the Superintendent of the

preserve. After advising the Committee on Energy and Natural

Resources of the United States Senate and the Committee on Natural

Resources of the United States House of Representatives, in

writing, the Secretary of the Interior (hereafter referred to as

the ''Secretary'') may make minor revisions of the boundaries of

the preserve when necessary by publication of a revised drawing or

other boundary description in the Federal Register. The Secretary

shall, as soon as practicable, but no later than six months after

October 11, 1974, publish a detailed description of the boundaries

of the preserve in the Federal Register. In establishing such

boundaries, the Secretary shall locate stream corridor unit

boundaries referenced from the stream bank on each side thereof and

he shall further make every reasonable effort to exclude from the

units hereafter described any improved year-round residential

properties which he determines, in his discretion, are not

necessary for the protection of the values of the area or for its

proper administration. The preserve shall consist of the following

units:

Big Sandy Creek unit, Polk County, Texas, comprising

approximately fourteen thousand three hundred acres;

Menard Creek Corridor unit, Polk, Hardin, and Liberty Counties,

Texas, including a module at its confluence with the Trinity

River, comprising approximately three thousand three hundred and

fifty-nine acres;

Hickory Creek Savannah unit, Tyler County, Texas, comprising

approximately six hundred and sixty-eight acres;

Turkey Creek unit, Tyler and Hardin Counties, Texas, comprising

approximately seven thousand eight hundred acres;

Beech Creek unit, Tyler County, Texas, comprising approximately

four thousand eight hundred and fifty-six acres;

Upper Neches River corridor unit, Jasper, Tyler, and Hardin

Counties, Texas, including the Sally Withers Addition, comprising

approximately three thousand seven hundred and seventy-five

acres;

Neches Bottom and Jack Gore Baygall unit, Hardin and Jasper

Counties, Texas, comprising approximately thirteen thousand three

hundred acres;

Lower Neches River corridor unit, Hardin, Jasper, and Orange

Counties, Texas, except for a one-mile segment on the east side

of the river including the site of the papermill near Evandale,

comprising approximately two thousand six hundred acres;

Beaumont unit, Orange, Hardin, and Jefferson Counties, Texas,

comprising approximately six thousand two hundred and eighteen

acres;

Loblolly unit, Liberty County, Texas, comprising approximately

five hundred and fifty acres;

Little Pine Island-Pine Island Bayou corridor unit, Hardin and

Jefferson Counties, Texas, comprising approximately two thousand

one hundred acres;

Lance Rosier Unit, Hardin County, Texas, comprising

approximately twenty-five thousand and twenty-four acres;

Village Creek Corridor unit, Hardin County, Texas, comprising

approximately four thousand seven hundred and ninety-three acres;

Big Sandy Corridor unit, Hardin, Polk, and Tyler Counties,

Texas, comprising approximately four thousand four hundred and

ninety-seven acres; and

Canyonlands unit, Tyler County, Texas, comprising approximately

one thousand four hundred and seventy-six acres.

(c) Methods of acquisition of land

The Secretary is authorized to acquire by donation, purchase with

donated or appropriated funds, transfer from any other Federal

agency, or exchange, any lands, waters, or interests therein which

are located within the boundaries of the preserve: Provided, That

privately owned lands located within the Village Creek Corridor,

Big Sandy Corridor, and Canyonlands units may be acquired only with

the consent of the owner: Provided further, That the Secretary may

acquire lands owned by commercial timber companies only by donation

or exchange: Provided further, That any lands owned by the State of

Texas, or any political subdivisions thereof may be acquired by

donation only. The Secretary may also acquire, by any of the above

methods, approximately 15 acres of land outside of the boundaries

of the preserve in the vicinity of the intersection of United

States Highway 69 and State Farm-Market Road 420, in Hardin County,

Texas, for purposes of a visitor contact and administrative site.

After notifying the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House of

Representatives, in writing, of his intention to do so and of the

reasons therefor, the Secretary may, if he finds that such lands

would make a significant contribution to the purposes for which the

preserve was created, accept title to any lands, or interests in

lands, located outside of the boundaries of the preserve which the

State of Texas or its political subdivisions may acquire and offer

to donate to the United States or which any private person,

organization, or public or private corporation may offer to donate

to the United States and he may administer such lands as a part of

the preserve after publishing notice to that effect in the Federal

Register. Notwithstanding any other provision of law, any federally

owned lands within the preserve shall, with the concurrence of the

head of the administering agency, be transferred to the

administrative jurisdiction of the Secretary for the purposes of

sections 698 to 698e of this title, without transfer of funds.

(d) Exchanges of land

Within sixty days after July 1, 1993, the Secretary and the

Secretary of Agriculture shall identify lands within their

jurisdiction located within the vicinity of the preserve which may

be suitable for exchange for commercial timber lands within the

preserve. In so doing, the Secretary of Agriculture shall seek to

identify for exchange National Forest lands that are near or

adjacent to private lands that are already owned by the commercial

timber companies. Such National Forest lands shall be located in

the Sabine National Forest in Sabine County, Texas, in the Davy

Crockett National Forest south of Texas State Highway 7, or in

other sites deemed mutually agreeable, and within reasonable

distance of the timber companies' existing mills. In exercising

this exchange authority, the Secretary and the Secretary of

Agriculture may utilize any authorities or procedures otherwise

available to them in connection with land exchanges, and which are

not inconsistent with the purposes of sections 698 to 698e of this

title. Land exchanges authorized pursuant to this subsection shall

be of equal value and shall be completed as soon as possible, but

no later than five years after July 1, 1993. The Secretary, in

considering the values of the private lands to be exchanged under

this subsection, shall consider independent appraisals submitted by

the owners of the private lands. The authority to exchange lands

under this subsection shall expire on July 1, 1998.

(e) Indian Springs Youth Camp

With respect to the thirty-seven-acre area owned by the

Louisiana-Pacific Corporation or its subsidiary, Kirby Forest

Industries, Inc., on Big Sandy Creek in Hardin County, Texas, and

now utilized as part of the Indian Springs Youth Camp (H.G. King

Abstract 822), the Secretary shall not acquire such area without

the consent of the owner so long as the area is used exclusively as

a youth camp.

-SOURCE-

(Pub. L. 93-439, Sec. 1, Oct. 11, 1974, 88 Stat. 1254; Pub. L.

98-489, Sec. 1(a), Oct. 17, 1984, 98 Stat. 2267; Pub. L. 103-46,

Sec. 2(a), (b), July 1, 1993, 107 Stat. 229, 230; Pub. L. 103-437,

Sec. 6(a)(6), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104-333, div.

I, title III, Sec. 306(a)-(c), Nov. 12, 1996, 110 Stat. 4132.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-333 substituted ''five years

after July 1, 1993'' for ''two years after July 1, 1993'' and

inserted at end ''The Secretary, in considering the values of the

private lands to be exchanged under this subsection, shall consider

independent appraisals submitted by the owners of the private

lands. The authority to exchange lands under this subsection shall

expire on July 1, 1998.''

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Committee on

Energy and Natural Resources of the Senate and the Committee on

Natural Resources of the House of Representatives'' for

''Committees on Interior and Insular Affairs of the United States

Congress''.

1993 - Subsec. (b). Pub. L. 103-46, Sec. 2(a), substituted ''map

entitled 'Big Thicket National Preserve', dated October 1992, and

numbered 175-80008, which shall be on file and available for public

inspection in the offices of the National Park Service, Department

of the Interior, and the offices of the Superintendent of the

preserve. After advising the Committee on Energy and Natural

Resources of the United States Senate and the Committee on Natural

Resources of the United States House of Representatives, in

writing, the Secretary of the Interior (hereafter referred to as

the 'Secretary') may make minor revisions of the boundaries of the

preserve when necessary by publication of a revised drawing or

other boundary description in the Federal Register. The Secretary''

for ''map entitled 'Big Thicket National Preserve', dated November

1973 and numbered NBR-BT 91,027 which shall be on file and

available for public inspection in the offices of the National Park

Service, Department of the Interior, Washington, District of

Columbia, and shall be filed with appropriate offices of Tyler,

Hardin, Jasper, Polk, Liberty, Jefferson, and Orange Counties in

the State of Texas. The Secretary of the Interior (hereafter

referred to as the 'Secretary')'' and added undesignated pars.

relating to Village Creek Corridor unit, Big Sandy Corridor unit,

and Canyonlands unit.

Subsec. (c). Pub. L. 103-46, Sec. 2(b)(1), inserted first

sentence and struck out former first sentence which read as

follows: ''The Secretary is authorized to acquire by donation,

purchase with donated or appropriated funds, transfer from any

other Federal agency, or exchange, any lands, waters, or interests

therein which are located within the boundaries of the preserve:

Provided, That any lands owned or acquired by the State of Texas,

or any of its political subdivisions, may be acquired by donation

only.''

Subsecs. (d) and (e). Pub. L. 103-46, Sec. 2(b)(2), added

subsecs. (d) and (e).

1984 - Subsec. (c). Pub. L. 98-489 authorized acquisition of

acreage for a visitor contact and administrative site outside the

boundaries of the preserve.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC4-

SHORT TITLE OF 1993 AMENDMENT

Section 1 of Pub. L. 103-46 provided that: ''This Act (amending

this section and section 698e of this title and enacting provisions

set out as a note below) may be referred to as the 'Big Thicket

National Preserve Addition Act of 1993'.''

REPORTING REQUIREMENT

Section 306(d) of title III of div. I of Pub. L. 104-333, as

amended by Pub. L. 106-176, title I, Sec. 104(1), Mar. 10, 2000,

114 Stat. 25, provided that: ''Not later than 6 months after the

date of the enactment of this Act (Nov. 12, 1996) and every 6

months thereafter until the earlier of the consummation of the

exchange or July 1, 1998, the Secretary of the Interior and the

Secretary of Agriculture shall each submit a report to the

Committee on Resources of the House of Representatives and the

Committee on Energy and Natural Resources of the Senate concerning

the progress in consummating the land exchange authorized by the

amendments made by the Big Thicket National Preserve Addition Act

of 1993 (Public Law 103-46) (see Short Title of 1993 Amendment note

above).''

LAND EXCHANGE

Section 306(e)-(g) of title III of div. I of Pub. L. 104-333, as

amended by Pub. L. 106-176, title I, Sec. 104(2), Mar. 10, 2000,

114 Stat. 25, provided that:

''(e) Land Exchange in Liberty County, Texas. - If, within one

year after the date of the enactment of this Act (Nov. 12, 1996) -

''(1) the owners of the private lands described in subsection

(f)(1) offer to transfer all their right, title, and interest in

and to such lands to the Secretary of the Interior, and

''(2) Liberty County, Texas, agrees to accept the transfer of

the Federal lands described in subsection (f)(2),

the Secretary shall accept such offer of private lands and, in

exchange and without additional consideration, transfer to Liberty

County, Texas, all right, title, and interest of the United States

in and to the Federal lands described in subsection (f)(2).

''(f) Lands Described. -

''(1) Private lands. - The private lands described in this

paragraph are approximately 3.76 acres of lands located in

Liberty County, Texas, as generally depicted on the map entitled

'Big Thicket Lake Estates Access - Proposed'.

''(2) Federal lands. - The Federal lands described in this

paragraph are approximately 2.38 acres of lands located in the

Menard Creek Corridor Unit of the Big Thicket National Preserve,

as generally depicted on the map referred to in paragraph (1).

''(g) Administration of Lands Acquired by the United States. -

The lands acquired by the Secretary under subsection (e) shall be

added to and administered as part of the Menard Creek Corridor Unit

of the Big Thicket National Preserve.''

PUBLICATION OF BOUNDARY DESCRIPTION

Section 2(c) of Pub. L. 103-46 provided that: ''Not later than

six months after the date of enactment of this subsection (July 1,

1993), the Secretary shall publish in the Federal Register a

detailed description of the boundary of the Village Creek Corridor

unit, the Big Sandy Corridor unit, and the Canyonlands unit of the

Big Thicket National Preserve.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698a, 698b, 698c, 698e of

this title.

-CITE-

16 USC Sec. 698a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698a. Acquisition of property for Big Thicket Preserve

-STATUTE-

(a) Mineral rights; easements; improved properties

The Secretary shall, immediately after the publication of the

boundaries of the preserve, commence negotiations for the

acquisition of the lands located therein: Provided, That he shall

not acquire the mineral estate in any property or existing

easements for public utilities, pipelines or railroads without the

consent of the owner unless, in his judgment, he first determines

that such property or estate is subject to, or threatened with,

uses which are, or would be, detrimental to the purposes and

objectives of sections 698 to 698e of this title: Provided further,

That the Secretary, insofar as is reasonably possible, may avoid

the acquisition of improved properties, as defined in sections 698

to 698e of this title, and shall make every effort to minimize the

acquisition of land where he finds it necessary to acquire

properties containing improvements.

(b) Plan to Congressional committees; time; contents

Within one year after October 11, 1974, the Secretary shall

submit, in writing, to the Committee on Interior and Insular

Affairs and to the Committees on Appropriations of the United

States Congress a detailed plan which shall indicate:

(i) the lands and areas which he deems essential to the

protection and public enjoyment of this preserve,

(ii) the lands which he has previously acquired by purchase,

donation, exchange or transfer for administration for the purpose

of this preserve, and

(iii) the annual acquisition program (including the level of

funding) which he recommends for the ensuing five fiscal years.

(c) Completion of land acquisition program; time

It is the express intent of the Congress that the Secretary

should substantially complete the land acquisition program

contemplated by sections 698 to 698e of this title within six years

after October 11, 1974.

-SOURCE-

(Pub. L. 93-439, Sec. 2, Oct. 11, 1974, 88 Stat. 1256.)

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the Senate abolished

and replaced by Committee on Energy and Natural Resources of the

Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of

the Senate, as amended by Senate Resolution No. 4 (popularly cited

as the ''Committee System Reorganization Amendments of 1977''),

approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698, 698b, 698c, 698e of

this title.

-CITE-

16 USC Sec. 698b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698b. Right of use and occupancy of improved property on Big

Thicket Preserve

-STATUTE-

(a) Election of right of use and occupancy; payment of fair market

value; termination of right

The owner of an improved property on the date of its acquisition

by the Secretary may, as a condition of such acquisition, retain

for himself and his heirs and assigns a right of use and occupancy

of the improved property for noncommercial residential purposes for

a definite term of not more than twenty-five years or, in lieu

thereof, for a term ending at the death of the owner or the death

of his spouse, whichever is later. The owner shall elect the term

to be reserved. Unless this property is wholly or partially

donated to the United States, the Secretary shall pay the owner the

fair market value of the property on the date of acquisition less

the fair market value, on that date, of the right retained by the

owner. A right retained pursuant to this section shall be subject

to termination by the Secretary upon his determination that it is

being exercised in a manner inconsistent with the purposes of

sections 698 to 698e of this title, and it shall terminate by

operation of law upon the Secretary's notifying the holder of the

right of such determination and tendering to him an amount equal to

the fair market value of that portion of the right which remains

unexpired.

(b) ''Improved property'' defined

As used in sections 698 to 698e of this title, the term

''improved property'' means a detached year-round one-family

dwelling which serves as the owner's permanent place of abode at

the time of acquisition, and construction of which was begun before

July 1, 1973, which is used for noncommercial residential purposes,

together with not to exceed three acres of land on which the

dwelling is situated and together with such additional lands or

interests therein as the Secretary deems to be reasonably necessary

for access thereto, such lands being in the same ownership as the

dwelling, together with any structures accessory to the dwelling

which are situated on such land.

(c) Waiver of right to relocation assistance by election of right

of use and occupancy

Whenever an owner of property elects to retain a right of use and

occupancy as provided in this section, such owner shall be deemed

to have waived any benefits or rights accruing under sections 4623,

4624, 4625, and 4626 of title 42, and for the purposes of such

sections such owner shall not be considered a displaced person as

defined in section 4601(6) of title 42.

-SOURCE-

(Pub. L. 93-439, Sec. 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L.

94-578, title III, Sec. 322, Oct. 21, 1976, 90 Stat. 2742.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-578 substituted ''detached

year-round one-family dwelling which serves as the owner's

permanent place of abode at the time of acquisition, and'' for

''detached, one-family dwelling,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698, 698a, 698c, 698e of

this title.

-CITE-

16 USC Sec. 698c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698c. Administration of Big Thicket Preserve

-STATUTE-

(a) Natural and ecological integrity

The area within the boundaries depicted on the map referred to in

section 698 of this title shall be known as the Big Thicket

National Preserve. Such lands shall be administered by the

Secretary as a unit of the National Park System in a manner which

will assure their natural and ecological integrity in perpetuity in

accordance with the provisions of sections 698 to 698e of this

title and with the provisions of sections 1, 2, 3, and 4 of this

title, as amended and supplemented.

(b) Limitation on construction of roads, campgrounds, etc.; rules

and regulations for use of Federal lands and waters

In the interest of maintaining the ecological integrity of the

preserve, the Secretary shall limit the construction of roads,

vehicular campgrounds, employee housing, and other public use and

administrative facilities and he shall promulgate and publish such

rules and regulations in the Federal Register as he deems necessary

and appropriate to limit and control the use of, and activities on,

Federal lands and waters with respect to:

(1) motorized land and water vehicles;

(2) exploration for, and extraction of, oil, gas, and other

minerals;

(3) new construction of any kind;

(4) grazing and agriculture; and

(5) such other uses as the Secretary determines must be limited

or controlled in order to carry out the purposes of sections 698

to 698e of this title.

(c) Hunting, fishing, and trapping authorized in accordance with

applicable Federal and State laws; consultation with

appropriate State agency prior to implementation of regulations

restricting activities

The Secretary shall permit hunting, fishing, and trapping on

lands and waters under his jurisdiction within the preserve in

accordance with the applicable laws of the United States and the

State of Texas, except that he may designate zones where and

periods when, no hunting, fishing, trapping, or entry may be

permitted for reasons of public safety, administration, floral and

faunal protection and management, or public use and enjoyment.

Except in emergencies, any regulations prescribing such

restrictions relating to hunting, fishing, or trapping shall be put

into effect only after consultation with the appropriate State

agency having jurisdiction over hunting, fishing and trapping

activities.

-SOURCE-

(Pub. L. 93-439, Sec. 4, Oct. 11, 1974, 88 Stat. 1257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698, 698a, 698b, 698e of

this title.

-CITE-

16 USC Sec. 698d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698d. Review of Big Thicket Preserve area by Secretary; report

to President

-STATUTE-

Within five years from October 11, 1974, the Secretary shall

review the area within the preserve and shall report to the

President, in accordance with section 1132(c) and (d) of this

title, his recommendations as to the suitability or nonsuitability

of any area within the preserve for preservation as wilderness, and

any designation of any such areas as a wilderness shall be

accomplished in accordance with section 1132(c) and (d) of this

title.

-SOURCE-

(Pub. L. 93-439, Sec. 5, Oct. 11, 1974, 88 Stat. 1257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698, 698a, 698b, 698c,

698e of this title.

-CITE-

16 USC Sec. 698e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698e. Authorization of appropriations for Big Thicket Preserve

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of sections 698 to 698e of

this title, but not to exceed $63,812,000 for the acquisition of

lands and interests in lands and not to exceed $7,000,000 for

development. Effective October 1, 1984, there is authorized to be

appropriated such sums as may be necessary for the acquisition of

the visitor contact and administrative site referred to in

subsection (c) of section 698 of this title. Effective upon July

1, 1993, there is authorized to be appropriated such sums as may be

necessary to carry out the purposes of subsections (c) and (d) of

section 698 of this title.

-SOURCE-

(Pub. L. 93-439, Sec. 6, Oct. 11, 1974, 88 Stat. 1257; Pub. L.

98-489, Sec. 1(b), Oct. 17, 1984, 98 Stat. 2267; Pub. L. 103-46,

Sec. 2(d), July 1, 1993, 107 Stat. 231.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-46 inserted at end ''Effective upon July 1,

1993, there is authorized to be appropriated such sums as may be

necessary to carry out the purposes of subsections (c) and (d) of

section 698 of this title.''

1984 - Pub. L. 98-489 authorized appropriations for acquisition

of a visitor contact and administrative site.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698, 698a, 698b, 698c of

this title.

-CITE-

16 USC Sec. 698f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698f. Big Cypress National Preserve; Big Cypress National

Preserve Addition

-STATUTE-

(a) Establishment

In order to assure the preservation, conservation, and protection

of the natural, scenic, hydrologic, floral and faunal, and

recreational values of the Big Cypress Watershed in the State of

Florida and to provide for the enhancement and public enjoyment

thereof, the Big Cypress National Preserve is hereby established.

(b) Location; boundaries; publication in Federal Register; area

The Big Cypress National Preserve (hereafter referred to as the

''preserve'') shall comprise the area generally depicted on the map

entitled ''Big Cypress National Preserve'', dated November 1971 and

numbered BC-91,001, which shall be on file and available for public

inspection in the Offices of the National Park Service, Department

of the Interior, Washington, District of Columbia, and shall be

filed with appropriate offices of Collier, Monroe, and Dade

Counties in the State of Florida. The Secretary of the Interior

(hereafter referred to as the ''Secretary'') shall, as soon as

practicable, publish a detailed description of the boundaries of

the preserve in the Federal Register which shall include not more

than five hundred and seventy thousand acres of land and water.

(c) Methods of acquisition of land; prerequisites to Federal

appropriations; improved property; oil and gas rights;

appraisal of property; transfer of Federal property to

Secretary

The Secretary is authorized to acquire by donation, purchase with

donated or appropriated funds, transfer from any other Federal

agency, or exchange, any lands, waters, or interests therein which

are located within the boundaries of the preserve or the Addition:

Provided, That any lands owned or acquired by the State of Florida,

or any of its subdivisions, in the preserve may be acquired by

donation only and, any land acquired by the State of Florida, or

any of its subdivisions, in the Addition shall be acquired in

accordance with subsection (d) of this section: Provided further,

That no Federal funds shall be appropriated until the Governor of

Florida executes an agreement on behalf of the State which (i)

provides for the transfer to the United States of all lands within

the preserve previously owned or acquired by the State and (ii)

provides for the donation to the United States of all lands

acquired by the State within the preserve pursuant to the provision

of ''the Big Cypress Conservation Act of 1973'' (Chapter 73-131 of

the Florida Statutes) or provides for the donation to the United

States of any remaining moneys appropriated pursuant to such Act

for the purchase of lands within the preserve. No improved

property, as defined by sections 698f to 698m-4 of this title, nor

oil and gas rights, shall be acquired without the consent of the

owner unless the Secretary, in his judgment, determines that such

property is subject to, or threatened with, uses which are, or

would be, detrimental to the purposes of the preserve. The

Secretary may, if he determines that the acquisition of any other

subsurface estate is not needed for the purposes of the preserve

and the Addition, exclude such interest in acquiring any lands

within the preserve and the Addition. Notwithstanding the

provisions of section 4651 of title 42 the Secretary (i) may

evaluate any offer to sell land within the preserve or the Addition

by any landowner and may, in his discretion, accept any offer not

in excess of $10,000 without an appraisal and (ii) may direct an

appraisal to be made of any unimproved property within the preserve

or the Addition without notice to the owner or owners, thereof.

Notwithstanding any other provision of law, any federally owned

lands within the preserve shall, with the concurrence of the head

of the administering agency, be transferred to the administrative

jurisdiction of the Secretary for the purposes of sections 698f to

698m-4 of this title, without transfer of funds. Nothing in

sections 698f to 698m-4 of this title shall be construed to

interfere with the right of the State of Florida to acquire such

property rights as may be necessary for Interstate 75.

(d) Land within Addition; United States share of acquisition costs

(1) The aggregate cost to the United States of acquiring lands

within the Addition may not exceed 80 percent of the total cost of

such lands.

(2) Except as provided in paragraph (3), if the State of Florida

transfers to the Secretary lands within the Addition, the Secretary

shall pay to or reimburse the State of Florida (out of funds

appropriated for such purpose) an amount equal to 80 percent of the

total costs to the State of Florida of acquiring such lands.

(3) The amount described in paragraph (1) shall be reduced by an

amount equal to 20 percent of the amount of the total cost incurred

by the Secretary in acquiring lands in the Addition other than from

the State of Florida.

(4) For purposes of this subsection, the term ''total cost''

means that amount of the total acquisition costs (including the

value of exchanged or donated lands) less the amount of the costs

incurred by the Federal Highway Administration and the Florida

Department of Transportation, including severance damages paid to

private property owners as a result of the construction of

Interstate 75.

-SOURCE-

(Pub. L. 93-440, Sec. 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L.

100-301, Sec. 4(a)-(e), Apr. 29, 1988, 102 Stat. 444, 445.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-301, Sec. 4(b), inserted in

provisions before first proviso ''or the Addition'' after

''boundaries of the preserve'' and in first proviso ''in the

preserve'' after ''subdivisions,'' and ''and, any land acquired by

the State of Florida, or any of its subdivisions, in the Addition

shall be acquired in accordance with subsection (d) of this

section'' before the colon.

Pub. L. 100-301, Sec. 4(e), inserted ''and the Addition'' after

''for the purposes of the preserve'' and after ''any lands within

the preserve'' in third sentence.

Pub. L. 100-301, Sec. 4(c), inserted ''or the Addition'' after

''land within the preserve'' and after ''property within the

preserve'' in fourth sentence.

Pub. L. 100-301, Sec. 4(d), inserted at end ''Nothing in sections

698f to 698m-4 of this title shall be construed to interfere with

the right of the State of Florida to acquire such property rights

as may be necessary for Interstate 75.''

Subsec. (d). Pub. L. 100-301, Sec. 4(a), added subsec. (d).

SHORT TITLE OF 1988 AMENDMENT

Section 1(a) of Pub. L. 100-301 provided that: ''This Act

(enacting sections 698m-1 to 698m-4 of this title, amending this

section and sections 698h and 698j to 698m of this title, and

enacting provisions set out below) may be cited as the 'Big Cypress

National Preserve Addition Act'.''

FINDINGS AND PURPOSE

Section 2 of Pub. L. 100-301 provided that:

''(a) Findings. - The Congress finds that -

''(1) the planned construction of Interstate 75 is presently

being designed in such a way as to improve the natural water flow

to the Everglades National Park, which has been disrupted by

State Road 84 (commonly known as 'Alligator Alley');

''(2) the planned construction of Interstate 75 provides an

opportunity to enhance protection of the Everglades National

Park, to promote protection of the endangered Florida panther,

and to provide for public recreational use and enjoyment of

public lands by expanding the Big Cypress National Preserve to

include those lands adjacent to Interstate 75 in Collier County

north and east of the Big Cypress National Preserve, west of the

Broward County line, and south of the Hendry County line;

''(3) the Federal acquisition of lands bordering the Big

Cypress National Preserve in conjunction with the construction of

Interstate 75 would provide significant public benefits by

limiting development pressure on lands which are important both

in terms of fish and wildlife habitat supporting endangered

species and of wetlands which are the headwaters of the Big

Cypress National Preserve; and

''(4) public ownership of lands adjacent to the Big Cypress

National Preserve would enhance the protection of the Everglades

National Park while providing recreational opportunities and

other public uses currently offered by the Big Cypress National

Preserve.

''(b) Purpose. - It is the purpose of this Act (see Short Title

of 1988 Amendment note above) to establish the Big Cypress National

Preserve Addition.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698g, 698h, 698i, 698j,

698m, 698m-1 of this title.

-CITE-

16 USC Sec. 698g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698g. Acquisition of lands for Big Cypress Preserve

-STATUTE-

(a) Expeditious acquisition of Florida lands

In recognition of the efforts of the State of Florida in the

preservation of the area, through the enactment of chapter 73-131

of the Florida statutes, ''The Big Cypress Conservation Act of

1973'', the Secretary is directed to proceed as expeditiously as

possible to acquire the lands and interests in lands necessary to

achieve the purposes of sections 698f to 698m-4 of this title.

(b) Submission of plan to Congressional committees; time; contents

Within one year after October 11, 1974, the Secretary shall

submit, in writing, to the Committee on Interior and Insular

Affairs and to the Committees on Appropriations of the United

States Congress a detailed plan which shall indicate:

(i) the lands and areas which he deems essential to the

protection and public enjoyment of this preserve.

(ii) the lands which he has previously acquired by purchase,

donation, exchange or transfer for administration for the purpose

of this preserve, and

(iii) the annual acquisition program (including the level of

funding) which he recommends for the ensuing five fiscal years.

(c) Time for completion of land acquisition program

It is the express intent of the Congress that the Secretary

should substantially complete the land acquisition program

contemplated by sections 698f to 698m-4 of this title within six

years after October 11, 1974.

-SOURCE-

(Pub. L. 93-440, Sec. 2, Oct. 11, 1974, 88 Stat. 1259.)

-CHANGE-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the Senate abolished

and replaced by Committee on Energy and Natural Resources of the

Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of

the Senate, as amended by Senate Resolution No. 4 (popularly cited

as the ''Committee System Reorganization Amendments of 1977''),

approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. Committee on Natural Resources of

House of Representatives treated as referring to Committee on

Resources of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698h, 698i, 698j,

698m, 698m-1 of this title.

-CITE-

16 USC Sec. 698h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698h. Right of use and occupancy of improved property on Big

Cypress Preserve and Addition

-STATUTE-

(a) Election of right of use and occupancy; payment of fair market

value; termination of right

The owner of an improved property on the date of its acquisition

by the Secretary may, as a condition of such acquisition, retain

for himself and his heirs and assigns a right of use of and

occupancy of the improved property for a definite term of not more

than twenty-five years or, in lieu thereof, for a term ending at

the death of the owner or the death of his spouse, whichever is

later. The owner shall elect the term to be reserved. Unless this

property is wholly or partially donated to the United States, the

Secretary shall pay the owner the fair market value of the property

on the date of acquisition less the fair market value, on that

date, of the right retained by the owner. A right retained

pursuant to this section shall be subject to termination by the

Secretary upon his determination that it is being exercised in a

manner inconsistent with the purposes of sections 698f to 698m-4 of

this title, which shall include the exercise of such right in

violation of any applicable State or local laws and ordinances, and

it shall terminate by operation of law upon the Secretary's

notifying the holder of the right of such determination and

tendering to him an amount equal to the fair market value of that

portion of the right which remains unexpired.

(b) ''Improved property'' defined

As used in sections 698f to 698m-4 of this title, the term

''improved property'' means:

(i) a detached one family dwelling, construction of which was

begun before November 23, 1971, with respect to the preserve and

January 1, 1986, with respect to the Addition which is used for

noncommercial residential purposes, together with not to exceed

three acres of land on which the dwelling is situated and such

additional lands as the Secretary deems reasonably necessary for

access thereto, such land being in the same ownership as the

dwelling, and together with any structures accessory to the

dwelling which are situated on such lands and

(ii) any other building, construction of which was begun before

November 23, 1971, with respect to the preserve and January 1,

1986, with respect to the Addition which was constructed and is

used in accordance with all applicable State and local laws and

ordinances, together with as much of the land on which the

building is situated, such land being in the same ownership as

the building, as the Secretary shall designate to be reasonably

necessary for the continued enjoyment and use of the building in

the same manner and to the same extent as existed in November 23,

1971, or January 1, 1986, as the case may be, together with any

structures accessory to the building which are situated on the

lands so designated. In making such designation the Secretary

shall take into account the manner of use in which the building,

accessory structures, and lands were customarily enjoyed prior to

November 23, 1971 or January 1, 1986, as the case may be.

(FOOTNOTE 1)

(FOOTNOTE 1) See 1988 Amendment note below.

(c) Waiver of right to relocation assistance by election of right

of use and occupancy

Whenever an owner of property elects to retain a right of use and

occupancy as provided in this section, such owner shall be deemed

to have waived any benefits or rights accruing under sections 4623,

4624, 4625, and 4626 of title 42, and for the purposes of such

sections such owner shall not be considered a displaced person as

defined in section 4601(6) of title 42.

-SOURCE-

(Pub. L. 93-440, Sec. 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L.

100-301, Sec. 4(f), Apr. 29, 1988, 102 Stat. 445.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(i). Pub. L. 100-301, Sec. 4(f)(1), inserted

''with respect to the preserve and January 1, 1986, with respect to

the Addition'' after ''November 23, 1971,''.

Subsec. (b)(ii). Pub. L. 100-301, Sec. 4(f)(2)(A), inserted

''with respect to the preserve and January 1, 1986, with respect to

the Addition'' after ''November 23, 1971,''.

Pub. L. 100-301, Sec. 4(f)(2)(B), which directed insertion of

''or January 1, 1986, as the case may be,'' after ''November 23,

1971,'' the second and third places it appears, was executed by

making the insertion after ''November 23, 1971,'' the second place

it appears and after ''November 23, 1971'' preceding the period as

the probable intent of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698i, 698j,

698m of this title.

-CITE-

16 USC Sec. 698i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698i. Administration of Big Cypress Preserve; applicability of

other laws; rules and regulations for use of lands and waters;

transportation facilities; consultation and cooperation with

Secretary of Transportation

-STATUTE-

(a) The area within the boundaries depicted on the map referred

to in section 698f of this title shall be known as the Big Cypress

National Preserve. Such lands shall be administered by the

Secretary as a unit of the National Park System in a manner which

will assure their natural and ecological integrity in perpetuity in

accordance with the provisions of sections 698f to 698m-4 of this

title and with the provisions of sections 1, 2, 3, and 4 of this

title, as amended and supplemented.

(b) In administering the preserve, the Secretary shall develop

and publish in the Federal Register such rules and regulations as

he deems necessary and appropriate to limit or control the use of

Federal lands and waters with respect to:

(1) motorized vehicles,

(2) exploration for and extraction of oil, gas, and other

minerals,

(3) grazing,

(4) draining or constructing of works or structures which alter

the natural water courses,

(5) agriculture,

(6) hunting, fishing, and trapping,

(7) new construction of any kind, and

(8) such other uses as the Secretary determines must be limited

or controlled in order to carry out the purposes of sections 698f

to 698m-4 of this title: Provided, That the Secretary shall

consult and cooperate with the Secretary of Transportation to

assure that necessary transportation facilities shall be located

within existing or reasonably expanded rights-of-way and

constructed within the reserve in a manner consistent with the

purposes of sections 698f to 698m-4 of this title.

-SOURCE-

(Pub. L. 93-440, Sec. 4, Oct. 11, 1974, 88 Stat. 1260.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698j,

698m, 698m-1 of this title.

-CITE-

16 USC Sec. 698j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698j. Hunting, fishing, and trapping in Big Cypress Preserve

and Addition authorized in accordance with applicable Federal

and State laws; consultation with appropriate State agency

prior to implementation of regulations restricting activities;

land use and retention rights of Miccosukee and Seminole Indian

Tribes

-STATUTE-

The Secretary shall permit hunting, fishing, and trapping on

lands and waters under his jurisdiction within the preserve and the

Addition in accordance with the applicable laws of the United

States and the State of Florida, except that he may designate zones

where and periods when no hunting, fishing, trapping, or entry may

be permitted for reasons of public safety, administration, floral

and faunal protection and management, or public use and enjoyment.

Except in emergencies, any regulations prescribing such

restrictions relating to hunting, fishing, or trapping shall be put

into effect only after consultation with the appropriate State

agency having jurisdiction over hunting, fishing, and trapping

activities. Notwithstanding this section or any other provision of

sections 698f to 698m-4 of this title, members of the Miccosukee

Tribe of Indians of Florida and members of the Seminole Tribe of

Florida shall be permitted, subject to reasonable regulations

established by the Secretary, to continue their usual and customary

use and occupancy of Federal or federally acquired lands and waters

within the preserve and the Addition, including hunting, fishing,

and trapping on a subsistence basis and traditional tribal

ceremonials.

-SOURCE-

(Pub. L. 93-440, Sec. 5, Oct. 11, 1974, 88 Stat. 1260; Pub. L.

100-301, Sec. 3(b), Apr. 29, 1988, 102 Stat. 444.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-301 inserted ''and the Addition'' in two

places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698m of this title.

-CITE-

16 USC Sec. 698k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698k. Contracts for providing visitor services in Big Cypress

Preserve and Addition; right of first refusal to Miccosukee and

Seminole Tribes

-STATUTE-

Notwithstanding any other provision of law, before entering into

any contract for the provision of revenue producing visitor

services,

(i) the Secretary shall offer those members of the Miccosukee

and Seminole Indian Tribes who, on January 1, 1972 (January 1,

1985, in the case of the Addition), were engaged in the provision

of similar services, a right of first refusal to continue

providing such services within the preserve and the Addition

subject to such terms and conditions as he may deem appropriate,

and

(ii) before entering into any contract or agreement to provide

new revenue-producing visitor services within the preserve or

within the Addition, the Secretary shall offer to the Miccosukee

Tribe of Indians of Florida and the Seminole Tribe of Florida the

right of first refusal to provide such services, the right to be

open for a period of ninety days. Should both Tribes respond

with proposals that satisfy the terms and conditions established

by the Secretary, the Secretary may allow the Tribes an

additional period of ninety days in which to enter into an

inter-Tribal cooperative agreement to provide such visitor

services, but if neither tribe responds with proposals that

satisfy the terms and conditions established by the Secretary,

then the Secretary shall provide such visitor services in

accordance with subchapter IV of chapter 1 of this title. No

such agreement may be assigned or otherwise transferred without

the consent of the Secretary.

-SOURCE-

(Pub. L. 93-440, Sec. 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L.

100-301, Sec. 3(d), Apr. 29, 1988, 102 Stat. 444.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-301 in cl. (i) inserted ''(January 1, 1985, in

the case of the Addition)'' after ''1972'' and ''and the Addition''

after ''preserve'', and in cl. (ii) inserted ''or within the

Addition'' after ''preserve''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m of this title.

-CITE-

16 USC Sec. 698l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698l. Review of Big Cypress Preserve area and Addition area by

Secretary; report to President

-STATUTE-

Within five years from October 11, 1974, with respect to the

preserve and five years from April 29, 1988, with respect to the

Addition, the Secretary shall review the area within the preserve

or the area within the Addition (as the case may be) and shall

report to the President, in accordance with section 1132(c) and (d)

of this title, his recommendations as to the suitability or

nonsuitability of any area within the preserve or the area within

the Addition (as the case may be) for preservation as wilderness,

and any designation of any such areas as a wilderness shall be

accomplished in accordance with section 1132(c) and (d) of this

title.

-SOURCE-

(Pub. L. 93-440, Sec. 7, Oct. 11, 1974, 88 Stat. 1261; Pub. L.

100-301, Sec. 3(c), Apr. 29, 1988, 102 Stat. 444.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-301 inserted ''with respect to the preserve

and five years from April 29, 1988, with respect to the Addition''

after ''October 11, 1974,'' and ''or the area within the Addition

(as the case may be)'' after ''preserve'' in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m of this title.

-CITE-

16 USC Sec. 698m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698m. Authorization of appropriations for Big Cypress Preserve

and Addition

-STATUTE-

(a) Except as provided in subsection (b) of this section, there

are authorized to be appropriated such sums as may be necessary to

carry out the provisions of sections 698f to 698m-4 of this title,

but not to exceed $156,700,000 for the acquisition of lands and

interests in lands and not to exceed $900,000 for development. Any

funds donated to the United States by the State of Florida pursuant

to chapter 73-131 of the Florida statutes shall be used solely for

the acquisition of lands and interests in land within the preserve.

(b) There is hereby authorized to be appropriated from the Land

and Water Conservation Fund not to exceed $49,500,000 for the

acquisition of lands within the Addition. There is hereby

authorized to be appropriated such sums as may be necessary for

development in the Addition.

-SOURCE-

(Pub. L. 93-440, Sec. 8, Oct. 11, 1974, 88 Stat. 1261; Pub. L.

95-625, title II, Sec. 201(1), Nov. 10, 1978, 92 Stat. 3473; Pub.

L. 100-301, Sec. 7, Apr. 29, 1988, 102 Stat. 446.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-301, Sec. 7(1), designated

existing provisions as subsec. (a), substituted ''Except as

provided in subsection (b) of this section, there'' for ''There'',

and added subsec. (b).

1978 - Pub. L. 95-625 increased land acquisition appropriations

authorization to $156,700,000 from $116,000,000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j of this title.

-CITE-

16 USC Sec. 698m-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698m-1. Big Cypress National Preserve Addition

-STATUTE-

(a) Establishment

In order to -

(1) achieve the purposes of section 698f of this title;

(2) complete the preserve in conjunction with the planned

construction of Interstate Highway 75; and

(3) insure appropriately managed use and access to the Big

Cypress Watershed in the State of Florida,

the Big Cypress National Preserve Addition is established.

(b) Location; boundaries; publication in Federal Register

The Big Cypress National Preserve Addition (referred to in

sections 698f to 698m-4 of this title as the ''Addition'') shall

comprise approximately 146,000 acres as generally depicted on the

map entitled Big Cypress National Preserve Addition, dated April,

1987, and numbered 176-91000C, which shall be on file and available

for public inspection in the Office of the National Park Service,

Department of the Interior, Washington, D.C., and shall be filed

with appropriate offices of Collier County in the State of Florida.

The Secretary shall, as soon as practicable, publish a detailed

description of the boundaries of the Addition in the Federal

Register.

(c) Designation; management

The area within the boundaries depicted on the map referred to in

subsection (b) of this section shall be known as the ''Big Cypress

National Preserve Addition'' and shall be managed in accordance

with section 698i of this title.

(d) Completion of land acquisition; time

For purposes of administering the Addition and notwithstanding

section 698g(c) of this title, it is the express intent of the

Congress that the Secretary should substantially complete the land

acquisition program contemplated with respect to the Addition in

not more than five years after April 29, 1988.

-SOURCE-

(Pub. L. 93-440, Sec. 9, as added Pub. L. 100-301, Sec. 3(a), Apr.

29, 1988, 102 Stat. 444.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m of this title.

-CITE-

16 USC Sec. 698m-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698m-2. Establishment of recreational access points, roads,

etc., in conjunction with creation of Big Cypress National

Preserve Addition; cooperation among agencies

-STATUTE-

The Secretary and other involved Federal agencies shall cooperate

with the State of Florida to establish recreational access points

and roads, rest and recreation areas, wildlife protection, hunting,

fishing, frogging, and other traditional recreational opportunities

in conjunction with the creation of the Addition and in the

construction of Interstate Highway 75. Three of such access points

shall be located within the preserve (including the Addition).

-SOURCE-

(Pub. L. 93-440, Sec. 10, as added Pub. L. 100-301, Sec. 5, Apr.

29, 1988, 102 Stat. 445.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m, 698m-1, 698m-3 of this title.

-CITE-

16 USC Sec. 698m-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698m-3. Status of Big Cypress National Preserve and Addition;

report to Congress; plan

-STATUTE-

Not later than two years after April 29, 1988, the Secretary

shall submit to the Congress a detailed report on, and further plan

for, the preserve and Addition including -

(1) the status of the existing preserve, the effectiveness of

past regulation and management of the preserve, and

recommendations for future management of the preserve and the

Addition;

(2) a summary of the public's use of the preserve and the

status of the access points developed pursuant to section 698m-2

of this title;

(3) the need for involvement of other State and Federal

agencies in the management and expansion of the preserve and

Addition;

(4) the status of land acquisition; and

(5) a determination, made in conjunction with the State of

Florida, of the adequacy of the number, location, and design of

the recreational access points on I-75/Alligator Alley for access

to the Big Cypress National Preserve, including the Addition.

The determination required by paragraph (5) shall incorporate the

results of any related studies of the State of Florida Department

of Transportation and other Florida State agencies. Any

recommendation for significant changes in the approved recreational

access points, including any proposed additions, shall be

accompanied by an assessment of the environmental impact of such

changes.

-SOURCE-

(Pub. L. 93-440, Sec. 11, as added Pub. L. 100-301, Sec. 6, Apr.

29, 1988, 102 Stat. 446.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m, 698m-1 of this title.

-CITE-

16 USC Sec. 698m-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698m-4. Oil and gas exploration, development, and production

in Big Cypress National Preserve and Addition

-STATUTE-

(a) Promulgation of rules and regulations

Within nine months from April 29, 1988, the Secretary shall

promulgate, subject to the requirements of subsections (b)-(e) of

this section, such rules and regulations governing the exploration

for and development and production of non-Federal interests in oil

and gas located within the boundaries of the Big Cypress National

Preserve and the Addition, including but not limited to access on,

across, or through all lands within the boundaries of the Big

Cypress National Preserve and the Addition for the purpose of

conducting such exploration or development and production, as are

necessary and appropriate to provide reasonable use and enjoyment

of privately owned oil and gas interests, and consistent with the

purposes for which the Big Cypress National Preserve and the

Addition were established. Rules and regulations promulgated

pursuant to the authority of this section may be made by

appropriate amendment to or in substitution of the rules and

regulations respecting non-Federal oil and gas rights (currently

codified at 36 CFR 9.30, et seq. (1986)).

(b) Contents of rule or regulation; permit from National Park

Service

Any rule or regulation promulgated by the Secretary under

subsection (a) of this section shall provide that -

(1) exploration or development and production activities may

not be undertaken, except pursuant to a permit issued by the

National Park Service authorizing such activities or access; and

(2) final action by the National Park Service with respect to

any application for a permit authorizing such activities shall

occur within 90 days from the date such an application is

submitted unless -

(A) the National Park Service and the applicant agree that

such final action shall occur within a shorter or longer period

of time; or

(B) the National Park Service determines that an additional

period of time is required to ensure that the National Park

Service has, in reviewing the application, complied with other

applicable law, Executive orders and regulations; or

(C) the National Park Service, within 30 days from the date

of submission of such application, notifies the applicant that

such application does not contain all information reasonably

necessary to allow the National Park Service to consider such

application and requests that such additional information be

provided. After receipt of such notification to the applicant,

the applicant shall supply any reasonably necessary additional

information and shall advise the National Park Service that the

applicant believes that the application contains all reasonably

necessary information and is therefore complete, whereupon the

National Park Service may -

(i) within 30 days of receipt of such notice from the

applicant to the National Park Service determine that the

application does not contain all reasonably necessary

additional information and, on that basis, deny the

application; or

(ii) review the application and take final action within 60

days from the date that the applicant provides notification

to the National Park Service that its application is

complete.

(c) Activities to conform to requirements of National Park Service

Such activities shall be permitted to occur if such activities

conform to requirements established by the National Park Service

under authority of law.

(d) Consideration of practices used in similar habitats or

ecosystems

In establishing standards governing the conduct of exploration or

development and production activities within the boundaries of the

Big Cypress National Preserve or the Addition, the Secretary shall

take into consideration oil and gas exploration and development and

production practices used in similar habitats or ecosystems within

the Big Cypress National Preserve or the Addition at the time of

promulgation of the rules and regulations under subsection (a) of

this section or at the time of the submission of the application

seeking authorization for such activities, as appropriate.

(e) Interim agreements with owners of non-Federal oil and gas

interests prior to promulgation of rules and regulations

Prior to the promulgation of rules or regulations under this

section, the Secretary is authorized, consistent with the purposes

of which the Big Cypress National Preserve Addition was

established, to enter into interim agreements with owners of

non-Federal oil and gas interests governing the conduct of oil and

gas exploration, development or production activities within the

boundaries of the Addition, which agreements shall be superseded by

the rules and regulations promulgated by the Secretary when

applicable: Provided, That such agreement shall be consistent with

the requirements of subsections (b)-(d) of this section and may be

altered by the terms of rules and regulations subsequently

promulgated by the Secretary: Provided further, That this provision

shall not be construed to enlarge or diminish the authority of the

Secretary to establish rules and regulations applicable to the

conduct of exploration or development and production activities

within the Big Cypress National Preserve or the Addition.

(f) Minerals Management Office; establishment; duties

There is hereby authorized to be established a Minerals

Management Office within the Office of the Superintendent of the

Big Cypress National Preserve, for the purpose of ensuring,

consistent with the purposes for which the Big Cypress National

Preserve was established, timely consideration of and final action

on applications for the exploration or development and production

of non-Federal oil and gas rights located beneath the surface of

lands within the boundaries of the Big Cypress National Preserve

and the Addition.

(g) Authorization of appropriations

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the activities set forth in this section.

-SOURCE-

(Pub. L. 93-440, Sec. 12, as added Pub. L. 100-301, Sec. 8, Apr.

29, 1988, 102 Stat. 446.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698f, 698g, 698h, 698i,

698j, 698m, 698m-1 of this title.

-CITE-

16 USC Sec. 698n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698n. Timucuan Ecological and Historic Preserve

-STATUTE-

(a) Establishment

There is hereby established in the St. Johns River Valley,

Florida, where the Timucuan Indians lived in prehistoric and

historic times, the Timucuan Ecological and Historic Preserve

(hereafter in sections 698n to 698p of this title referred to as

the ''Preserve''). The Preserve shall comprise the lands, waters,

and interests therein within the boundaries generally depicted on a

map of Duval County, Florida, entitled ''Timucuan Ecological and

Historic Preserve'' numbered NA-TEHP 80,003-A and dated July 1987.

The map shall be on file and available for public inspection in the

Office of the National Park Service, Department of the Interior.

The Secretary of the Interior may make minor revisions in the

boundary of the Preserve in accordance with section 460l-9(c) of

this title. The Preserve shall also include within its boundaries

all that land consisting of approximately 500 acres adjacent to

Fort Caroline National Memorial and known as the Theodore Roosevelt

Preserve, being land formerly owned by one Willie Brown and donated

by him to The Nature Conservancy.

(b) Land acquisition

The Secretary of the Interior (hereinafter in sections 698n to

698p of this title referred to as the ''Secretary'') is authorized

to acquire lands and interests therein within the Preserve by

donation, purchase with donated or appropriated funds, or exchange,

but no lands other than wetlands or interests therein may be

acquired without the consent of the owner. For purposes of this

subsection, the term ''wetlands'' has the same meaning as provided

by section 3902 of this title. Lands, interests in lands, and

improvements thereon within the boundaries of the Preserve which

are owned by the State of Florida or any political subdivision

thereof may be acquired only by donation or exchange. On lands

acquired for inclusion within the Preserve, the Secretary shall not

impair any legal riparian right of access nor shall he preclude the

continued use of any legal right of way.

(c) Administration

The Secretary shall administer those lands acquired for inclusion

within the Preserve in such a manner as to protect the natural

ecology of such land and water areas in accordance with sections

698n to 698p of this title and the provisions of law generally

applicable to units of the National Park System, including sections

1, 2, 3, and 4 of this title. The Secretary shall permit boating,

boating-related activities, hunting, and fishing within the

Preserve in accordance with applicable Federal and State laws. The

Secretary may designate zones where, and establish periods when, no

hunting or fishing shall be permitted for reasons of public safety.

(d) Development of multiunit residential/resort project

Nothing in sections 698n to 698p of this title shall affect

development of a multiunit residential/resort project currently

proposed for Fort George Island, nor shall any provision of

sections 698n to 698p of this title be construed to affect any

Federal, State or local law applicable to such project.

-SOURCE-

(Pub. L. 100-249, title II, Sec. 201, Feb. 16, 1988, 102 Stat. 13.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698p of this title.

-CITE-

16 USC Sec. 698o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698o. Protection of significant historic assets

-STATUTE-

The Secretary, with the consent of the owners thereof, may

acquire by donation or purchase with donated funds the following

properties or sites of significant historic interest in Duval

County, Florida:

(1) Spanish sixteenth century forts San Gabriel and San

Estaban.

(2) Spanish eighteenth century fort Dos Hermanas.

(3) English eighteenth century forts at Saint Johns Bluff and

Fort George Island.

(4) Spanish sixteenth and seventeenth century mission San Juan

del Puerto.

(5) Site of the American Revolutionary War battle of Thomas

Creek.

(6) The Zephaniah Kingsley plantation, with its eighteenth and

nineteenth century buildings.

(7) The Spanish American War fortification on Saint Johns

Bluff.

(8) The confederate fort known as the Yellow Bluff Fort State

Historic Site.

-SOURCE-

(Pub. L. 100-249, title II, Sec. 202, Feb. 16, 1988, 102 Stat. 14.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698n, 698p of this title.

-CITE-

16 USC Sec. 698p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698p. Integrated administration and interpretation

-STATUTE-

Any properties of historic interest acquired under section 698o

of this title shall become part of the Preserve established under

section 698n of this title. The Secretary shall administer such

properties in accordance with a plan that integrates the

administration and interpretation of the ecological values of the

Preserve and the historical values of the sites so acquired and the

historical features of Fort Caroline. Such administration and

interpretation shall be conducted through the facilities and staff

of Fort Caroline National Memorial consistent with section 2 of the

Act of September 21, 1950 (64 Stat. 897).

-SOURCE-

(Pub. L. 100-249, title II, Sec. 203, Feb. 16, 1988, 102 Stat. 15.)

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Act of September 21, 1950, referred to in text,

is section 2 of act Sept. 21, 1950, ch. 973, 64 Stat. 897, which is

not classified to the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 698n of this title.

-CITE-

16 USC Sec. 698q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698q. Little River Canyon National Preserve; establishment

-STATUTE-

(a) In general

In order to protect and preserve the natural, scenic,

recreational, and cultural resources of the Little River Canyon

area in DeKalb and Cherokee Counties, Alabama, and to provide for

the protection and public enjoyment of the resources, there is

established the Little River Canyon National Preserve (referred to

in sections 698q to 698t of this title as the ''Preserve'').

(b) Area included

The Preserve shall consist of the lands, waters, and interests in

lands and waters generally depicted on the boundary map entitled

''Little River Canyon National Preserve'', numbered

NA-LRNP-80,001C, and dated March 1992.

(c) Map

The map referred to in subsection (b) of this section shall -

(1) be on file and available for public inspection in the

offices of the National Park Service of the Department of the

Interior in Washington, District of Columbia; and

(2) be filed with the appropriate offices of DeKalb and

Cherokee Counties in the State of Alabama.

(d) Publication of description

Not later than 6 months after October 21, 1992, the Secretary of

the Interior (referred to in sections 698q to 698t of this title as

the ''Secretary'') shall publish in the Federal Register a detailed

description of the boundaries of the Preserve.

-SOURCE-

(Pub. L. 102-427, Sec. 2, Oct. 21, 1992, 106 Stat. 2179.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 102-427 provided that: ''This Act (enacting

this section and sections 698r to 698t of this title) may be cited

as the 'Little River Canyon National Preserve Act of 1992'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698r, 698s, 698t of this

title.

-CITE-

16 USC Sec. 698r 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698r. Administration

-STATUTE-

(a) In general

The Preserve shall be administered by the Secretary in accordance

with sections 698q to 698t of this title and in accordance with the

laws generally applicable to units of the National Park System,

including -

(1) sections 1, 2, 3, and 4 of this title; and

(2) sections 461 to 467 of this title.

(b) Hunting and fishing

(1) In general

Subject to paragraphs (2) and (3), the Secretary shall permit

hunting, trapping, and fishing on lands and waters under the

jurisdiction of the Secretary within the Preserve in accordance

with applicable Federal and State laws.

(2) Time and place restrictions

Subject to such terms and conditions as the Secretary considers

necessary in furtherance of sections 698q to 698t of this title,

and after consultation with the Department of Conservation and

Natural Resources of the State of Alabama and owners of lands

adjacent to the Preserve, the Secretary may designate zones

where, and establish periods when, the activities described in

paragraph (1) will not be permitted within the Preserve for

reasons of public safety, administration, fish and wildlife

habitat, or public use and enjoyment.

(3) Restrictions in boundary areas

After consultation with the Department of Conservation and

Natural Resources of the State of Alabama and with the owners of

lands adjacent to the Preserve, the Secretary may restrict

hunting in areas within the Preserve that are adjacent to the

boundaries of the Preserve where the restriction is necessary or

appropriate to protect public safety.

(4) Congressional intent

Nothing in sections 698q to 698t of this title is intended to

affect the jurisdiction or responsibilities of the State of

Alabama with respect to fish and wildlife.

(c) Water resources projects

Subsection (a) of section 1278 of this title shall apply to that

portion of the Little River that flows through the Preserve in the

same manner and to the same extent as such subsection applies to

the rivers referred to in such subsection. The application of such

subsection to the Preserve shall not affect any determination of

the value of the lands, waters, or interests in lands and waters

within the boundaries of the Preserve.

(d) Cooperative agreements with State

(1) Law enforcement and fire prevention

In administering the Preserve, the Secretary may enter into

cooperative agreements with the State of Alabama, or any

political subdivision of the State, for the rendering of -

(A) rescue, fire fighting, and law enforcement services; and

(B) cooperative assistance by law enforcement and fire

preventive agencies located in the vicinity of the Preserve.

(2) Preparation of management plan

To facilitate the purposes of this section, the Secretary may

enter into cooperative agreements with the State of Alabama and

directly affected political subdivisions of the State to provide

professional assistance in the preparation of the management plan

for the Preserve.

(e) DeSoto State Park

If lands within DeSoto State Park are acquired by the Secretary,

at the request of the Department of Conservation and Natural

Resources of the State of Alabama, the Secretary shall enter into a

cooperative agreement with the Department for the continued

management by the Department of the lodge and other facilities

that, as of October 21, 1992, are part of DeSoto State Park. The

cooperative agreement shall provide for the management and

operation of the lodge and facilities in a manner that, to the

maximum extent practicable, is consistent with similar operations

elsewhere in the National Park System.

(f) Public involvement

(1) Public awareness and participation program

The Secretary shall develop and conduct a program to promote

and encourage awareness of and participation in the development

of the general management plan for the Preserve by persons owning

property in the vicinity of the Preserve, other interested groups

and individuals, State, county, and municipal agencies, and the

general public. Prior to final approval of the plan, the

Secretary shall hold public meetings in DeKalb and Cherokee

Counties.

(2) Consideration of public comment

In preparing and implementing the plan described in paragraph

(1), the Secretary shall give full consideration to the views and

comments of the individuals, groups, and agencies described in

paragraph (1).

(g) Green Pitcher Plant

Upon the transfer by Alabama Power Company to the United States

of any lands within the boundaries of the Preserve that contain the

Green Pitcher Plant (Sarracenia oreophila), all rights and

obligations of Alabama Power Company under the agreement entered

into between the company and the Department of the Interior

(including the United States Fish and Wildlife Service) on May 12,

1983, in settlement of the action brought on September 24, 1980,

against the Secretary and the Director of the Fish and Wildlife

Service in the United States District Court for the Northern

District of Alabama (Civil Action No. CV 80-C-1242-M), shall be

extinguished.

-SOURCE-

(Pub. L. 102-427, Sec. 3, Oct. 21, 1992, 106 Stat. 2179.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698q, 698s, 698t of this

title.

-CITE-

16 USC Sec. 698s 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698s. Acquisition

-STATUTE-

(a) Authorization

(1) In general

Subject to paragraphs (2) and (3), the Secretary is authorized

to acquire lands, waters, and interests in lands and waters

within the boundaries of the Preserve by donation, purchase with

donated or appropriated funds, or exchange.

(2) Consent of the owner

The Secretary may not acquire lands, waters, or interests in

lands and waters for the Preserve without the consent of the

owner.

(3) State lands

Lands, waters, and interests in lands and waters within the

boundaries of the Preserve that are owned by the State of

Alabama, or any political subdivision of the State, may be

acquired only by donation or exchange.

(b) Negotiations for acquisition

(1) Commencement of negotiations

Immediately after publication of a description of the

boundaries of the Preserve in accordance with section 698q(d) of

this title, the Secretary shall commence negotiations for the

acquisition of the lands, waters, and interests in lands and

waters within the boundaries of the Preserve.

(2) Report to Congress

Not later than 1 year after October 21, 1992, the Secretary

shall submit, in writing, a detailed schedule of actions and a

progress report regarding the acquisition to -

(A) the Committee on Energy and Natural Resources of the

Senate;

(B) the Committee on Natural Resources of the House of

Representatives; and

(C) the Committees on Appropriations of Congress.

(3) Acquisition deadline

The Secretary shall substantially complete the acquisition of

the lands, waters, and interests in lands and waters within the

Preserve, in accordance with the purposes of sections 698q to

698t of this title, not later than 2 years after October 21,

1992, subject to the availability of funds.

(c) Environmental audits

(1) Availability to owner

Promptly following completion of any environmental audit

performed by or on behalf of the Secretary with respect to any

property proposed to be acquired for the purposes of sections

698q to 698t of this title, the Secretary shall make available to

the owner of the property a copy of the audit.

(2) Inclusion in documents transferring title

Any audit described in paragraph (1), and any environmental

audit performed by the owner of the property and submitted to the

Secretary prior to the date of the acquisition, shall be included

as part of the documents transferring title to the property to

the United States.

(d) Future additions

No lands or interest in lands may be added to the Preserve after

October 21, 1992, without specific authorization by Congress and

the consent of the owner of the lands or interest.

-SOURCE-

(Pub. L. 102-427, Sec. 4, Oct. 21, 1992, 106 Stat. 2181; Pub. L.

103-437, Sec. 6(d)(36), Nov. 2, 1994, 108 Stat. 4585.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2)(B). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698q, 698r, 698t of this

title.

-CITE-

16 USC Sec. 698t 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698t. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are

necessary to carry out sections 698q to 698t of this title.

-SOURCE-

(Pub. L. 102-427, Sec. 5, Oct. 21, 1992, 106 Stat. 2182.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698q, 698r, 698s of this

title.

-CITE-

16 USC Sec. 698u 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u. Tallgrass Prairie National Preserve: findings and

purposes

-STATUTE-

(a) Findings

Congress finds that -

(1) of the 400,000 square miles of tallgrass prairie that once

covered the North American Continent, less than 1 percent

remains, primarily in the Flint Hills of Kansas;

(2) in 1991, the National Park Service conducted a special

resource study of the Spring Hill Ranch, located in the Flint

Hills of Kansas;

(3) the study concludes that the Spring Hill Ranch -

(A) is a nationally significant example of the once vast

tallgrass ecosystem, and includes buildings listed on the

National Register of Historic Places pursuant to section 470a

of this title that represent outstanding examples of Second

Empire and other 19th Century architectural styles; and

(B) is suitable and feasible as a potential addition to the

National Park System; and

(4) the National Park Trust, which owns the Spring Hill Ranch,

has agreed to permit the National Park Service -

(A) to acquire a portion of the ranch, as specified in

sections 698u to 698u-7 of this title; and

(B) to manage the ranch in order to -

(i) conserve the scenery, natural and historic objects, and

wildlife of the ranch; and

(ii) provide for the enjoyment of the ranch in such a

manner and by such means as will leave the scenery, natural

and historic objects, and wildlife unimpaired for the

enjoyment of future generations.

(b) Purposes

The purposes of sections 698u to 698u-7 of this title are -

(1) to preserve, protect, and interpret for the public an

example of a tallgrass prairie ecosystem on the Spring Hill

Ranch, located in the Flint Hills of Kansas; and

(2) to preserve and interpret for the public the historic and

cultural values represented on the Spring Hill Ranch.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1002, Nov. 12, 1996, 110

Stat. 4204; Pub. L. 106-176, title I, Sec. 122(1), Mar. 10, 2000,

114 Stat. 29.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(4)(A). Pub. L. 106-176 substituted ''to

acquire'' for ''to purchase''.

SHORT TITLE

Section 1001 of title X of div. I of Pub. L. 104-333 provided

that: ''This subtitle (subtitle A (Sec. 1001-1009) of title X of

div. I of Pub. L. 104-333, enacting this section and sections

698u-1 to 698u-7 of this title) may be cited as the 'Tallgrass

Prairie National Preserve Act of 1996'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u-1, 698u-3, 698u-6,

698u-7 of this title.

-CITE-

16 USC Sec. 698u-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-1. Definitions

-STATUTE-

In sections 698u to 698u-7 of this title:

(1) Advisory Committee

The term ''Advisory Committee'' means the Advisory Committee

established under section 698u-5 of this title.

(2) Preserve

The term ''Preserve'' means the Tallgrass Prairie National

Preserve established by section 698u-2 of this title.

(3) Secretary

The term ''Secretary'' means the Secretary of the Interior.

(4) Trust

The term ''Trust'' means the National Park Trust, Inc., a

District of Columbia nonprofit corporation, or any

successor-in-interest.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1003, Nov. 12, 1996, 110

Stat. 4205.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-3, 698u-6,

698u-7 of this title.

-CITE-

16 USC Sec. 698u-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-2. Establishment of Tallgrass Prairie National Preserve

-STATUTE-

(a) In general

In order to provide for the preservation, restoration, and

interpretation of the Spring Hill Ranch area of the Flint Hills of

Kansas, for the benefit and enjoyment of present and future

generations, there is established the Tallgrass Prairie National

Preserve.

(b) Description

The Preserve shall consist of the lands and interests in land,

including approximately 10,894 acres, generally depicted on the map

entitled ''Boundary Map, Flint Hills Prairie National Monument''

numbered NM-TGP 80,000 and dated June 1994, more particularly

described in the deed filed at 8:22 a.m. on June 3, 1994, with the

Office of the Register of Deeds in Chase County, Kansas, and

recorded in Book L-106 at pages 328 through 339, inclusive. In the

case of any difference between the map and the legal description,

the legal description shall govern, except that if, as a result of

a survey, the Secretary determines that there is a discrepancy with

respect to the boundary of the Preserve that may be corrected by

making minor changes to the map, the Secretary shall make changes

to the map as appropriate, and the boundaries of the Preserve shall

be adjusted accordingly. The map shall be on file and available

for public inspection in the appropriate offices of the National

Park Service of the Department of the Interior.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1004, Nov. 12, 1996, 110

Stat. 4205; Pub. L. 106-176, title I, Sec. 122(2), Mar. 10, 2000,

114 Stat. 29.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-176 substituted ''on June 3,

1994,'' for ''of June 3, 1994,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-3,

698u-4, 698u-6, 698u-7 of this title.

-CITE-

16 USC Sec. 698u-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-3. Administration of National Preserve

-STATUTE-

(a) In general

The Secretary shall administer the Preserve in accordance with

sections 698u to 698u-7 of this title, the cooperative agreements

described in subsection (f)(1) of this section, and the provisions

of law generally applicable to units of the National Park System,

including sections 1, 2, 3, and 4 of this title and sections 461 to

467 of this title.

(b) Application of regulations

With the consent of a private owner of land within the boundaries

of the Preserve, the regulations issued by the Secretary concerning

the National Park Service that provide for the proper use,

management, and protection of persons, property, and natural and

cultural resources shall apply to the private land.

(c) Facilities

For purposes of carrying out the duties of the Secretary under

sections 698u to 698u-7 of this title relating to the Preserve, the

Secretary may, with the consent of a landowner, directly or by

contract, construct, reconstruct, rehabilitate, or develop

essential buildings, structures, and related facilities including

roads, trails, and other interpretive facilities on real property

that is not owned by the Federal Government and is located within

the Preserve.

(d) Liability

(1) Liability of the United States and its officers and employees

Except as otherwise provided in this subsection, the liability

of the United States is subject to the terms and conditions of

the Federal Tort Claims Act, as amended, 28 U.S.C. 2671 et seq.,

with respect to the claims arising by virtue of the Secretary's

administration of the Preserve pursuant to sections 698u to

698u-7 of this title.

(2) Liability of landowners

(A) The Secretary of the Interior is authorized, under such

terms and conditions as he deems appropriate, to include in any

cooperative agreement entered into in accordance with subsection

(f)(1) of this section an indemnification provision by which the

United States agrees to hold harmless, defend and indemnify the

landowner in full from and against any suit, claim, demand or

action, liability, judgment, cost or other fee arising out of any

claim of personal injury or property damage that occurs in

connection with the operation of the Preserve under the

agreement: Provided however, That indemnification shall not

exceed $3 million per claimant per occurrence.

(B) The indemnification provision authorized by subparagraph

(A) shall not include claims for personal injury or property

damage proximately caused by the wanton or willful misconduct of

the landowner.

(e) Unit of National Park System

The Preserve shall be a unit of the National Park System for all

purposes, including the purpose of exercising authority to charge

entrance and admission fees under section 460l-6a of this title.

(f) Agreement and donations

(1) Agreements

The Secretary may expend Federal funds for the cooperative

management of private property within the Preserve for research,

resource management (including pest control and noxious weed

control, fire protection, and the restoration of buildings), and

visitor protection and use.

(2) Donations

The Secretary may accept, retain, and expend donations of

funds, property (other than real property), or services from

individuals, foundations, corporations, or public entities for

the purposes of providing programs, services, facilities, or

technical assistance that further the purposes of sections 698u

to 698u-7 of this title.

(g) General management plan

(1) In general

Not later than the end of the third full fiscal year beginning

after November 12, 1996, the Secretary shall prepare and submit

to the Committee on Energy and Natural Resources of the Senate

and the Committee on Resources of the House of Representatives a

general management plan for the Preserve.

(2) Consultation

In preparing the general management plan, the Secretary, acting

through the Director of the National Park Service, shall consult

with -

(A)(i) appropriate officials of the Trust; and

(ii) the Advisory Committee; and

(B) adjacent landowners, appropriate officials of nearby

communities, the Kansas Department of Wildlife and Parks, the

Kansas Historical Society, and other interested parties.

(3) Content of plan

The general management plan shall provide for the following:

(A) Maintaining and enhancing the tallgrass prairie within

the boundaries of the Preserve.

(B) Public access and enjoyment of the property that is

consistent with the conservation and proper management of the

historical, cultural, and natural resources of the ranch.

(C) Interpretive and educational programs covering the

natural history of the prairie, the cultural history of Native

Americans, and the legacy of ranching in the Flint Hills

region.

(D) Provisions requiring the application of applicable State

law concerning the maintenance of adequate fences within the

boundaries of the Preserve. In any case in which an activity of

the National Park Service requires fences that exceed the legal

fence standard otherwise applicable to the Preserve, the

National Park Service shall pay the additional cost of

constructing and maintaining the fences to meet the applicable

requirements for that activity.

(E) Provisions requiring the Secretary to comply with

applicable State noxious weed, pesticide, and animal health

laws.

(F) Provisions requiring compliance with applicable State

water laws and Federal and State waste disposal laws (including

regulations) and any other applicable law.

(G) Provisions requiring the Secretary to honor each valid

existing oil and gas lease for lands within the boundaries of

the Preserve (as described in section 698u-2(b) of this title)

that is in effect on November 12, 1996.

(H) Provisions requiring the Secretary to offer to enter into

an agreement with each individual who, as of November 12, 1996,

holds rights for cattle grazing within the boundaries of the

Preserve (as described in section 698u-2(b) of this title).

(4) Hunting and fishing

The Secretary may allow hunting and fishing on Federal lands

within the Preserve.

(5) Financial analysis

As part of the development of the general management plan, the

Secretary shall prepare a financial analysis indicating how the

management of the Preserve may be fully supported through fees,

private donations, and other forms of non-Federal funding.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1005, Nov. 12, 1996, 110

Stat. 4205; Pub. L. 106-176, title I, Sec. 122(3), Mar. 10, 2000,

114 Stat. 29.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (d)(1), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

-MISC2-

AMENDMENTS

2000 - Subsec. (d)(1). Pub. L. 106-176, Sec. 122(3)(A), made

technical amendment to reference in original act which appears in

text as reference to sections 698u to 698u-7 of this title.

Subsec. (g)(3)(A). Pub. L. 106-176, Sec. 122(3)(B), substituted

''the tallgrass prairie'' for ''the tall grass prairie''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-5,

698u-6, 698u-7 of this title.

-CITE-

16 USC Sec. 698u-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-4. Limited authority to acquire

-STATUTE-

(a) In general

The Secretary shall acquire, by donation, not more than 180 acres

of real property within the boundaries of the Preserve (as

described in section 698u-2(b) of this title) and the improvements

on the real property.

(b) Payments in lieu of taxes

For the purposes of payments made under chapter 69 of title 31,

the real property described in subsection (a)(1) of this section

shall be deemed to have been acquired for the purposes specified in

section 6904(a) of that title.

(c) Prohibitions

No property may be acquired under this section without the

consent of the owner of the property. The United States may not

acquire fee ownership of any lands within the Preserve other than

lands described in this section.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1006, Nov. 12, 1996, 110

Stat. 4208.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-3,

698u-6, 698u-7 of this title.

-CITE-

16 USC Sec. 698u-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-5. Advisory Committee

-STATUTE-

(a) Establishment

There is established an advisory committee to be known as the

''Tallgrass Prairie National Preserve Advisory Committee''.

(b) Duties

The Advisory Committee shall advise the Secretary and the

Director of the National Park Service concerning the development,

management, and interpretation of the Preserve. In carrying out

those duties, the Advisory Committee shall provide timely advice to

the Secretary and the Director during the preparation of the

general management plan under section 698u-3(g) of this title.

(c) Membership

The Advisory Committee shall consist of 13 members, who shall be

appointed by the Secretary as follows:

(1) Three members shall be representatives of the Trust.

(2) Three members shall be representatives of local landowners,

cattle ranchers, or other agricultural interests.

(3) Three members shall be representatives of conservation or

historic preservation interests.

(4)(A) One member shall be selected from a list of persons

recommended by the Chase County Commission in the State of

Kansas.

(B) One member shall be selected from a list of persons

recommended by appropriate officials of Strong City, Kansas, and

Cottonwood Falls, Kansas.

(C) One member shall be selected from a list of persons

recommended by the Governor of the State of Kansas.

(5) One member shall be a range management specialist

representing institutions of higher education (as defined in

section 1001 of title 20) in the State of Kansas.

(d) Terms

(1) In general

Each member of the Advisory Committee shall be appointed to

serve for a term of 3 years, except that the initial members

shall be appointed as follows:

(A) Four members shall be appointed, one each from paragraphs

(1), (2), (3), and (4) of subsection (c) of this section, to

serve for a term of 3 years.

(B) Four members shall be appointed, one each from paragraphs

(1), (2), (3), and (4) of subsection (c) of this section, to

serve for a term of 4 years.

(C) Five members shall be appointed, one each from paragraphs

(1) through (5) of subsection (c) of this section, to serve for

a term of 5 years.

(2) Reappointment

Each member may be reappointed to serve a subsequent term.

(3) Expiration

Each member shall continue to serve after the expiration of the

term of the member until a successor is appointed.

(4) Vacancies

A vacancy on the Advisory Committee shall be filled in the same

manner as an original appointment is made. The member appointed

to fill the vacancy shall serve until the expiration of the term

in which the vacancy occurred.

(e) Chairperson

The members of the Advisory Committee shall select 1 of the

members to serve as Chairperson.

(f) Meetings

Meetings of the Advisory Committee shall be held at the call of

the Chairperson or the majority of the Advisory Committee. Meetings

shall be held at such locations and in such a manner as to ensure

adequate opportunity for public involvement. In compliance with

the requirements of the Federal Advisory Committee Act (5 U.S.C.

App.), the Advisory Committee shall choose an appropriate means of

providing interested members of the public advance notice of

scheduled meetings.

(g) Quorum

A majority of the members of the Advisory Committee shall

constitute a quorum.

(h) Compensation

Each member of the Advisory Committee shall serve without

compensation, except that while engaged in official business of the

Advisory Committee, the member shall be entitled to travel

expenses, including per diem in lieu of subsistence in the same

manner as persons employed intermittently in Government service

under section 5703 of title 5.

(i) Charter

The rechartering provisions of section 14(b) of the Federal

Advisory Committee Act (15 U.S.C. App.) shall not apply to the

Advisory Committee.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1007, Nov. 12, 1996, 110

Stat. 4208; Pub. L. 105-244, title I, Sec. 102(a)(4), Oct. 7, 1998,

112 Stat. 1618.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (f),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1998 - Subsec. (c)(5). Pub. L. 105-244 substituted ''section 1001

of title 20)'' for ''section 1141(a) of title 20)''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-3,

698u-6, 698u-7 of this title.

-CITE-

16 USC Sec. 698u-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-6. Restriction on authority

-STATUTE-

Nothing in sections 698u to 698u-7 of this title shall give the

Secretary authority to regulate lands outside the land area

acquired by the Secretary under section 698u-4(a) of this title.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1008, Nov. 12, 1996, 110

Stat. 4209.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-3,

698u-7 of this title.

-CITE-

16 USC Sec. 698u-7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698u-7. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Department of the

Interior such sums as are necessary to carry out sections 698u to

698u-7 of this title.

-SOURCE-

(Pub. L. 104-333, div. I, title X, Sec. 1009, Nov. 12, 1996, 110

Stat. 4209.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698u, 698u-1, 698u-3,

698u-6 of this title.

-CITE-

16 USC Sec. 698v 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v. Findings and purposes

-STATUTE-

(a) Findings

Congress finds that -

(1) the Baca ranch comprises most of the Valles Caldera in

central New Mexico, and constitutes a unique land mass, with

significant scientific, cultural, historic, recreational,

ecological, wildlife, fisheries, and productive values;

(2) the Valles Caldera is a large resurgent lava dome with

potential geothermal activity;

(3) the land comprising the Baca ranch was originally granted

to the heirs of Don Luis Maria Cabeza de Vaca in 1860;

(4) historical evidence, in the form of old logging camps and

other artifacts, and the history of territorial New Mexico

indicate the importance of this land over many generations for

domesticated livestock production and timber supply;

(5) the careful husbandry of the Baca ranch by the current

owners, including selective timbering, limited grazing and

hunting, and the use of prescribed fire, have preserved a mix of

healthy range and timber land with significant species diversity,

thereby serving as a model for sustainable land development and

use;

(6) the Baca ranch's natural beauty and abundant resources, and

its proximity to large municipal populations, could provide

numerous recreational opportunities for hiking, fishing, camping,

cross-country skiing, and hunting;

(7) the Forest Service documented the scenic and natural values

of the Baca ranch in its 1993 study entitled ''Report on the

Study of the Baca Location No. 1, Santa Fe National Forest, New

Mexico'', as directed by Public Law 101-556;

(8) the Baca ranch can be protected for current and future

generations by continued operation as a working ranch under a

unique management regime which would protect the land and

resource values of the property and surrounding ecosystem while

allowing and providing for the ranch to eventually become

financially self-sustaining;

(9) the current owners have indicated that they wish to sell

the Baca ranch, creating an opportunity for Federal acquisition

and public access and enjoyment of these lands;

(10) certain features on the Baca ranch have historical and

religious significance to Native Americans which can be preserved

and protected through Federal acquisition of the property;

(11) the unique nature of the Valles Caldera and the potential

uses of its resources with different resulting impacts warrants a

management regime uniquely capable of developing an operational

program for appropriate preservation and development of the land

and resources of the Baca ranch in the interest of the public;

(12) an experimental management regime should be provided by

the establishment of a Trust capable of using new methods of

public land management that may prove to be cost-effective and

environmentally sensitive; and

(13) the Secretary may promote more efficient management of the

Valles Caldera and the watershed of the Santa Clara Creek through

the assignment of purchase rights of such watershed to the Pueblo

of Santa Clara.

(b) Purposes

The purposes of sections 698v to 698v-10 of this title are -

(1) to authorize Federal acquisition of the Baca ranch;

(2) to protect and preserve for future generations the

scientific, scenic, historic, and natural values of the Baca

ranch, including rivers and ecosystems and archaeological,

geological, and cultural resources;

(3) to provide opportunities for public recreation;

(4) to establish a demonstration area for an experimental

management regime adapted to this unique property which

incorporates elements of public and private administration in

order to promote long term financial sustainability consistent

with the other purposes enumerated in this subsection; and

(5) to provide for sustained yield management of Baca ranch for

timber production and domesticated livestock grazing insofar as

is consistent with the other purposes stated herein.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 102, July 25, 2000, 114 Stat. 598.)

-REFTEXT-

REFERENCES IN TEXT

Pub. L. 101-556, referred to in subsec. (a)(7), is Pub. L.

101-556, Nov. 15, 1990, 104 Stat. 2762, which is not classified to

the Code.

-MISC2-

SHORT TITLE

Pub. L. 106-248, title I, Sec. 101, July 25, 2000, 114 Stat. 598,

provided that: ''This title (enacting this section and sections

698v-1 to 698v-10 of this title) may be cited as the 'Valles

Caldera Preservation Act'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v-1, 698v-3, 698v-4,

698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-1. Definitions

-STATUTE-

In sections 698v to 698v-10 of this title:

(1) Baca ranch

The term ''Baca ranch'' means the lands and facilities

described in section 698v-2(a) of this title.

(2) Board of Trustees

The terms ''Board of Trustees'' and ''Board'' mean the Board of

Trustees as described in section 698v-5 of this title.

(3) Committees of Congress

The term ''Committees of Congress'' means the Committee on

Energy and Natural Resources of the Senate and the Committee on

Resources of the House of Representatives.

(4) Financially self-sustaining

The term ''financially self-sustaining'' means management and

operating expenditures equal to or less than proceeds derived

from fees and other receipts for resource use and development and

interest on invested funds. Management and operating

expenditures shall include Trustee expenses, salaries and

benefits of staff, administrative and operating expenses,

improvements to and maintenance of lands and facilities of the

Preserve, and other similar expenses. Funds appropriated to the

Trust by Congress, either directly or through the Secretary, for

the purposes of sections 698v to 698v-10 of this title shall not

be considered.

(5) Multiple use and sustained yield

The term ''multiple use and sustained yield'' has the combined

meaning of the terms ''multiple use'' and ''sustained yield of

the several products and services'', as defined under the

Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 531).

(6) Preserve

The term ''Preserve'' means the Valles Caldera National

Preserve established under section 698v-3 of this title.

(7) Secretary

Except where otherwise provided, the term ''Secretary'' means

the Secretary of Agriculture.

(8) Trust

The term ''Trust'' means the Valles Caldera Trust established

under section 698v-4 of this title.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 103, July 25, 2000, 114 Stat. 599.)

-REFTEXT-

REFERENCES IN TEXT

The Multiple-Use Sustained-Yield Act of 1960, referred to in par.

(5), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended,

which is classified generally to sections 528 to 531 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 528 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-3, 698v-4,

698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-2. Acquisition of lands

-STATUTE-

(a) Acquisition of Baca ranch

(1) In general

In compliance with section 471a of this title, the Secretary is

authorized to acquire all or part of the rights, title, and

interests in and to approximately 94,761 acres of the Baca ranch,

comprising the lands, facilities, and structures referred to as

the Baca Location No. 1, and generally depicted on a plat

entitled ''Independent Resurvey of the Baca Location No. 1'',

made by L.A. Osterhoudt, W.V. Hall, and Charles W. Devendorf,

U.S. Cadastral Engineers, June 30, 1920-August 24, 1921, under

special instructions for Group No. 107 dated February 12, 1920,

in New Mexico.

(2) Source of funds

The acquisition under paragraph (1) may be made by purchase

through appropriated or donated funds, by exchange, by

contribution, or by donation of land. Funds appropriated to the

Secretary from the Land and Water Conservation Fund shall be

available for this purpose.

(3) Basis of sale

The acquisition under paragraph (1) shall be based on an

appraisal done in conformity with the Uniform Appraisal Standards

for Federal Land Acquisitions and -

(A) in the case of purchase, such purchase shall be on a

willing seller basis for no more than the fair market value of

the land or interests therein acquired; and

(B) in the case of exchange, such exchange shall be for

lands, or interests therein, of equal value, in conformity with

the existing exchange authorities of the Secretary.

(4) Deed

The conveyance of the offered lands to the United States under

this subsection shall be by general warranty or other deed

acceptable to the Secretary and in conformity with applicable

title standards of the Attorney General.

(b) Addition of land to Bandelier National Monument

Upon acquisition of the Baca ranch under subsection (a) of this

section, the Secretary of the Interior shall assume administrative

jurisdiction over those lands within the boundaries of the

Bandelier National Monument as modified under section 3 of Public

Law 105-376 (112 Stat. 3389).

(c) Plat and maps

(1) Plat and maps prevail

In case of any conflict between a plat or a map and acreages,

the plat or map shall prevail.

(2) Minor corrections

The Secretary and the Secretary of the Interior may make minor

corrections in the boundaries of the Upper Alamo watershed as

depicted on the map referred to in section 3 of Public Law

105-376 (112 Stat. 3389).

(3) Boundary modification

Upon the conveyance of any lands to any entity other than the

Secretary, the boundary of the Preserve shall be modified to

exclude such lands.

(4) Final maps

Within 180 days of the date of acquisition of the Baca ranch

under subsection (a) of this section, the Secretary and the

Secretary of the Interior shall submit to the Committees of

Congress a final map of the Preserve and a final map of Bandelier

National Monument, respectively.

(5) Public availability

The plat and maps referred to in the (FOOTNOTE 1) subsection

shall be kept and made available for public inspection in the

offices of the Chief, Forest Service, and Director, National Park

Service, in Washington, D.C., and Supervisor, Santa Fe National

Forest, and Superintendent, Bandelier National Monument, in the

State of New Mexico.

(FOOTNOTE 1) So in original. Probably should be ''this''.

(d) Watershed management report

The Secretary, acting through the Forest Service, in cooperation

with the Secretary of the Interior, acting through the National

Park Service, shall -

(1) prepare a report of management alternatives which may -

(A) provide more coordinated land management within the area

known as the upper watersheds of Alamo, Capulin, Medio, and

Sanchez Canyons, including the areas known as the Dome

Diversity Unit and the Dome Wilderness;

(B) allow for improved management of elk and other wildlife

populations ranging between the Santa Fe National Forest and

the Bandelier National Monument; and

(C) include proposed boundary adjustments between the Santa

Fe National Forest and the Bandelier National Monument to

facilitate the objectives under subparagraphs (A) and (B); and

(2) submit the report to the Committees of Congress within 120

days of July 25, 2000.

(e) Outstanding mineral interests

The acquisition of the Baca ranch by the Secretary shall be

subject to all outstanding valid existing mineral interests. The

Secretary is authorized and directed to negotiate with the owners

of any fractional interest in the subsurface estate for the

acquisition of such fractional interest on a willing seller basis

for not to exceed its fair market value, as determined by appraisal

done in conformity with the Uniform Appraisal Standards for Federal

Land Acquisitions. Any such interests acquired within the

boundaries of the Upper Alamo watershed, as referred to in

subsection (b) of this section, shall be administered by the

Secretary of the Interior as part of Bandelier National Monument.

(f) Boundaries of the Baca ranch

For purposes of section 460l-9 of this title, the boundaries of

the Baca ranch shall be treated as if they were National Forest

boundaries existing as of January 1, 1965.

(g) Pueblo of Santa Clara

(1) In general

The Secretary may assign to the Pueblo of Santa Clara rights to

acquire for fair market value portions of the Baca ranch. The

portion that may be assigned shall be determined by mutual

agreement between the Pueblo and the Secretary based on optimal

management considerations for the Preserve including manageable

land line locations, public access, and retention of scenic and

natural values. All appraisals shall be done in conformity with

the Uniform Appraisal Standards for Federal Land Acquisition.

(2) Status of land acquired

As of the date of acquisition, the fee title lands, and any

mineral estate underlying such lands, acquired under this

subsection by the Pueblo of Santa Clara are deemed transferred

into trust in the name of the United States for the benefit of

the Pueblo of Santa Clara and such lands and mineral estate are

declared to be part of the existing Santa Clara Indian

Reservation.

(3) Mineral estate

Any mineral estate acquired by the United States pursuant to

subsection (e) of this section underlying fee title lands

acquired by the Pueblo of Santa Clara shall not be developed

without the consent of the Secretary of the Interior and the

Pueblo of Santa Clara.

(4) Savings

Any reservations, easements, and covenants contained in an

assignment agreement entered into under paragraph (1) shall not

be affected by the acquisition of the Baca ranch by the United

States, the assumption of management by the Valles Caldera Trust,

or the lands acquired by the Pueblo being taken into trust.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 104, July 25, 2000, 114 Stat. 600.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of Pub. L. 105-376, referred to in subsecs. (b) and

(c)(2), appears in the item for Bandelier National Monument, New

Mexico, in the table under the heading ''National Monuments

Established Under Presidential Proclamation'', set out as a note

under section 431 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-5, 698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this

title.

-CITE-

16 USC Sec. 698v-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-3. The Valles Caldera National Preserve

-STATUTE-

(a) Establishment

Upon the date of acquisition of the Baca ranch under section

698v-2(a) of this title, there is hereby established the Valles

Caldera National Preserve as a unit of the National Forest System

which shall include all Federal lands and interests in land

acquired under sections 698v-2(a) and 698v-2(e) of this title,

except those lands and interests in land administered or held in

trust by the Secretary of the Interior under sections 698v-2(b) and

698v-2(g) of this title, and shall be managed in accordance with

the purposes and requirements of sections 698v to 698v-10 of this

title.

(b) Purposes

The purposes for which the Preserve is established are to protect

and preserve the scientific, scenic, geologic, watershed, fish,

wildlife, historic, cultural, and recreational values of the

Preserve, and to provide for multiple use and sustained yield of

renewable resources within the Preserve, consistent with sections

698v to 698v-10 of this title.

(c) Management authority

Except for the powers of the Secretary enumerated in sections

698v to 698v-10 of this title, the Preserve shall be managed by the

Valles Caldera Trust established by section 698v-4 of this title.

(d) Eligibility for payment in lieu of taxes

Lands acquired by the United States under section 698v-2(a) of

this title shall constitute entitlement lands for purposes of the

Payment in Lieu of Taxes Act (31 U.S.C. 6901-6904).

(e) Withdrawals

(1) In general

Upon acquisition of all interests in minerals within the

boundaries of the Baca ranch under section 698v-2(e) of this

title, subject to valid existing rights, the lands comprising the

Preserve are thereby withdrawn from disposition under all laws

pertaining to mineral leasing, including geothermal leasing.

(2) Materials for roads and facilities

Nothing in sections 698v to 698v-10 of this title shall

preclude the Secretary, prior to assumption of management of the

Preserve by the Trust, and the Trust thereafter, from allowing

the utilization of common varieties of mineral materials such as

sand, stone, and gravel as necessary for construction and

maintenance of roads and facilities within the Preserve.

(f) Fish and game

Nothing in sections 698v to 698v-10 of this title shall be

construed as affecting the responsibilities of the State of New

Mexico with respect to fish and wildlife, including the regulation

of hunting, fishing, and trapping within the Preserve, except that

the Trust may, in consultation with the Secretary and the State of

New Mexico, designate zones where and establish periods when no

hunting, fishing, or trapping shall be permitted for reasons of

public safety, administration, the protection of nongame species

and their habitats, or public use and enjoyment.

(g) Redondo Peak

(1) In general

For the purposes of preserving the natural, cultural,

religious, and historic resources on Redondo Peak upon

acquisition of the Baca ranch under section 698v-2(a) of this

title, except as provided in paragraph (2), within the area of

Redondo Peak above 10,000 feet in elevation -

(A) no roads, structures, or facilities shall be constructed;

and

(B) no motorized access shall be allowed.

(2) Exceptions

Nothing in this subsection shall preclude -

(A) the use and maintenance of roads and trails existing as

of July 25, 2000;

(B) the construction, use and maintenance of new trails, and

the relocation of existing roads, if located to avoid Native

American religious and cultural sites; and

(C) motorized access necessary to administer the area by the

Trust (including measures required in emergencies involving the

health or safety of persons within the area).

-SOURCE-

(Pub. L. 106-248, title I, Sec. 105, July 25, 2000, 114 Stat. 602.)

-REFTEXT-

REFERENCES IN TEXT

The Payment in Lieu of Taxes Act, referred to in subsec. (d), is

the popular name for Pub. L. 94-565, Oct. 20, 1976, 90 Stat. 2662,

as amended, which was classified generally to sections 1601 to 1607

of former Title 31, Money and Finance. Sections 1601 to 1607 of

former Title 31 were repealed by Pub. L. 97-258, Sec. 5(b), Sept.

13, 1982, 96 Stat. 1068, and reenacted by the first section thereof

as sections 6901 to 6904 and 6906 of Title 31, Money and Finance.

The laws pertaining to mineral leasing, referred to in subsec.

(e)(1), are classified generally to Title 30, Mineral Lands and

Mining.

Laws pertaining to geothermal leasing, referred to in subsec.

(e)(1), are classified principally to chapter 23 (Sec. 1001 et

seq.) of Title 30, Mineral Lands and Mining.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-4,

698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-4. The Valles Caldera Trust

-STATUTE-

(a) Establishment

There is hereby established a wholly owned government corporation

known as the Valles Caldera Trust which is empowered to conduct

business in the State of New Mexico and elsewhere in the United

States in furtherance of its corporate purposes.

(b) Corporate purposes

The purposes of the Trust are -

(1) to provide management and administrative services for the

Preserve;

(2) to establish and implement management policies which will

best achieve the purposes and requirements of sections 698v to

698v-10 of this title;

(3) to receive and collect funds from private and public

sources and to make dispositions in support of the management and

administration of the Preserve; and

(4) to cooperate with Federal, State, and local governmental

units, and with Indian tribes and Pueblos, to further the

purposes for which the Preserve was established.

(c) Necessary powers

The Trust shall have all necessary and proper powers for the

exercise of the authorities vested in it.

(d) Staff

(1) In general

The Trust is authorized to appoint and fix the compensation and

duties of an executive director and such other officers and

employees as it deems necessary without regard to the provisions

of title 5 governing appointments in the competitive service, and

may pay them without regard to the provisions of chapter 51, and

subchapter III of chapter 53, title 5, relating to classification

and General Schedule pay rates. No employee of the Trust shall

be paid at a rate in excess of that payable to the Supervisor of

the Santa Fe National Forest or the Superintendent of the

Bandelier National Monument, whichever is greater.

(2) Federal employees

(A) In general

Except as provided in sections 698v to 698v-10 of this title,

employees of the Trust shall be Federal employees as defined by

title 5 and shall be subject to all rights and obligations

applicable thereto.

(B) Use of Federal employees

At the request of the Trust, the employees of any Federal

agency may be provided for implementation of sections 698v to

698v-10 of this title. Such employees detailed to the Trust

for more than 30 days shall be provided on a reimbursable

basis.

(e) Government Corporation

(1) In general

The Trust shall be a Government Corporation subject to chapter

91 of title 31 (commonly referred to as the Government

Corporation Control Act). Financial statements of the Trust shall

be audited annually in accordance with section 9105 of title 31.

(2) Reports

Not later than January 15 of each year, the Trust shall submit

to the Secretary and the Committees of Congress a comprehensive

and detailed report of its operations, activities, and

accomplishments for the prior year including information on the

status of ecological, cultural, and financial resources being

managed by the Trust, and benefits provided by the Preserve to

local communities. The report shall also include a section that

describes the Trust's goals for the current year.

(3) Annual budget

(A) In general

The Trust shall prepare an annual budget with the goal of

achieving a financially self-sustaining operation within 15

full fiscal years after the date of acquisition of the Baca

ranch under section 698v-2(a) of this title.

(B) Budget request

The Secretary shall provide necessary assistance (including

detailees as necessary) to the Trust for the timely formulation

and submission of the annual budget request for appropriations,

as authorized under section 698v-9(a) of this title, to support

the administration, operation, and maintenance of the Preserve.

(f) Taxes

The Trust and all properties administered by the Trust shall be

exempt from all taxes and special assessments of every kind by the

State of New Mexico, and its political subdivisions including the

counties of Sandoval and Rio Arriba.

(g) Donations

The Trust may solicit and accept donations of funds, property,

supplies, or services from individuals, foundations, corporations,

and other private or public entities for the purposes of carrying

out its duties. The Secretary, prior to assumption of management

of the Preserve by the Trust, and the Trust thereafter, may accept

donations from such entities notwithstanding that such donors may

conduct business with the Department of Agriculture or any other

department or agency of the United States.

(h) Proceeds

(1) In general

Notwithstanding sections 1341 and 3302 of title 31, all monies

received from donations under subsection (g) of this section or

from the management of the Preserve shall be retained and shall

be available, without further appropriation, for the

administration, preservation, restoration, operation and

maintenance, improvement, repair, and related expenses incurred

with respect to properties under its management jurisdiction.

(2) Fund

There is hereby established in the Treasury of the United

States a special interest bearing fund entitled ''Valles Caldera

Fund'' which shall be available, without further appropriation

for any purpose consistent with the purposes of sections 698v to

698v-10 of this title. At the option of the Trust, or the

Secretary in accordance with section 698v-8 of this title, the

Secretary of the Treasury shall invest excess monies of the Trust

in such account, which shall bear interest at rates determined by

the Secretary of the Treasury taking into consideration the

current average market yield on outstanding marketable

obligations of the United States of comparable maturity.

(i) Restrictions on disposition of receipts

Any funds received by the Trust, or the Secretary in accordance

with section 698v-7(b) of this title, from the management of the

Preserve shall not be subject to partial distribution to the State

under -

(1) the Act of May 23, 1908, entitled ''an Act making

appropriations for the Department of Agriculture for the fiscal

year ending June thirtieth, nineteen hundred and nine'' (35 Stat.

260, chapter 192; 16 U.S.C. 500);

(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,

chapter 186; 16 U.S.C. 500); or

(3) any other law.

(j) Suits

The Trust may sue and be sued in its own name to the same extent

as the Federal Government. For purposes of such suits, the

residence of the Trust shall be the State of New Mexico. The Trust

shall be represented by the Attorney General in any litigation

arising out of the activities of the Trust, except that the Trust

may retain private attorneys to provide advice and counsel.

(k) Bylaws

The Trust shall adopt necessary bylaws to govern its activities.

(l) Insurance and bond

The Trust shall require that all holders of leases from, or

parties in contract with, the Trust that are authorized to occupy,

use, or develop properties under the management jurisdiction of the

Trust, procure proper insurance against any loss in connection with

such properties, or activities authorized in such lease or

contract, as is reasonable and customary.

(m) Name and insignia

The Trust shall have the sole and exclusive right to use the

words ''Valles Caldera Trust'', and any seal, emblem, or other

insignia adopted by the Board of Trustees. Without express written

authority of the Trust, no person may use the words ''Valles

Caldera Trust'' as the name under which that person shall do or

purport to do business, for the purpose of trade, or by way of

advertisement, or in any manner that may falsely suggest any

connection with the Trust.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 106, July 25, 2000, 114 Stat. 603.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (d)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-5 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-5. Board of Trustees

-STATUTE-

(a) In general

The Trust shall be governed by a 9-member Board of Trustees

consisting of the following:

(1) Voting trustees

The voting Trustees shall be -

(A) the Supervisor of the Santa Fe National Forest, United

States Forest Service;

(B) the Superintendent of the Bandelier National Monument,

National Park Service; and

(C) seven individuals, appointed by the President, in

consultation with the congressional delegation from the State

of New Mexico. The seven individuals shall have specific

expertise or represent an organization or government entity as

follows -

(i) one trustee shall have expertise in aspects of

domesticated livestock management, production, and marketing,

including range management and livestock business management;

(ii) one trustee shall have expertise in the management of

game and nongame wildlife and fish populations, including

hunting, fishing, and other recreational activities;

(iii) one trustee shall have expertise in the sustainable

management of forest lands for commodity and noncommodity

purposes;

(iv) one trustee shall be active in a nonprofit

conservation organization concerned with the activities of

the Forest Service;

(v) one trustee shall have expertise in financial

management, budget and program analysis, and small business

operations;

(vi) one trustee shall have expertise in the cultural and

natural history of the region; and

(vii) one trustee shall be active in State or local

government in New Mexico, with expertise in the customs of

the local area.

(2) Qualifications

Of the trustees appointed by the President -

(A) none shall be employees of the Federal Government; and

(B) at least five shall be residents of the State of New

Mexico.

(b) Initial appointments

The President shall make the initial appointments to the Board of

Trustees within 90 days after acquisition of the Baca ranch under

section 698v-2(a) of this title.

(c) Terms

(1) In general

Appointed trustees shall each serve a term of 4 years, except

that of the trustees first appointed, four shall serve for a term

of 4 years, and three shall serve for a term of 2 years.

(2) Vacancies

Any vacancy among the appointed trustees shall be filled in the

same manner in which the original appointment was made, and any

trustee appointed to fill a vacancy shall serve for the remainder

of that term for which his or her predecessor was appointed.

(3) Limitations

No appointed trustee may serve more than 8 years in consecutive

terms.

(d) Quorum

A majority of trustees shall constitute a quorum of the Board for

the conduct of business.

(e) Organization and compensation

(1) In general

The Board shall organize itself in such a manner as it deems

most appropriate to effectively carry out the activities of the

Trust.

(2) Compensation of trustees

Trustees shall serve without pay, but may be reimbursed from

the funds of the Trust for the actual and necessary travel and

subsistence expenses incurred by them in the performance of their

duties.

(3) Chair

Trustees shall select a chair from the membership of the Board.

(f) Liability of trustees

Appointed trustees shall not be considered Federal employees by

virtue of their membership on the Board, except for purposes of the

Federal Tort Claims Act, the Ethics in Government Act, and the

provisions of chapter 11 of title 18.

(g) Meetings

(1) Location and timing of meetings

The Board shall meet in sessions open to the public at least

three times per year in New Mexico. Upon a majority vote made in

open session, and a public statement of the reasons therefore,

the Board may close any other meetings to the public: Provided,

That any final decision of the Board to adopt or amend the

comprehensive management program under section 698v-6(d) of this

title or to approve any activity related to the management of the

land or resources of the Preserve shall be made in open public

session.

(2) Public information

In addition to other requirements of applicable law, the Board

shall establish procedures for providing appropriate public

information and periodic opportunities for public comment

regarding the management of the Preserve.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 107, July 25, 2000, 114 Stat. 606.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Tort Claims Act, referred to in subsec. (f), is

classified generally to section 1346(b) and chapter 171 (Sec. 2671

et seq.) of Title 28, Judiciary and Judicial Procedure.

The Ethics in Government Act, referred to in subsec. (f),

probably means the Ethics in Government Act of 1978, Pub. L.

95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 101 of Pub. L. 95-521 in the Appendix to Title 5,

Government Organization and Employees, and Tables.

-MISC2-

COMPENSATION FOR TRUSTEES

Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 968, provided

in part: ''That notwithstanding the limitations of 107(e)(2) of the

Valles Caldera Preservation Act (Public Law 106-248) (16 U.S.C.

698v-5(e)(2)), for fiscal years 2001 and 2002, the members of the

Board of Trustees of the Valles Caldera Trust may receive, upon

request, compensation for each day (including travel time) that

they are engaged in the performance of the functions of the Board.

Compensation shall not exceed the daily equivalent of the annual

rate in effect for members of the Senior Executive Service at the

ES-1 level, and shall be in addition to any reimbursement for

travel, subsistence and other necessary expenses incurred by them

in the performance of their duties. Members of the Board who are

officers or employees of the United States shall not receive any

additional compensation by reason of service on the Board''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-6 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-6. Resource management

-STATUTE-

(a) Assumption of management

The Trust shall assume all authority provided by sections 698v to

698v-10 of this title to manage the Preserve upon a determination

by the Secretary, which to the maximum extent practicable shall be

made within 60 days after the appointment of the Board, that -

(1) the Board is duly appointed, and able to conduct business;

and

(2) provision has been made for essential management services.

(b) Management responsibilities

Upon assumption of management of the Preserve under subsection

(a) of this section, the Trust shall manage the land and resources

of the Preserve and the use thereof including, but not limited to

such activities as -

(1) administration of the operations of the Preserve;

(2) preservation and development of the land and resources of

the Preserve;

(3) interpretation of the Preserve and its history for the

public;

(4) management of public use and occupancy of the Preserve; and

(5) maintenance, rehabilitation, repair, and improvement of

property within the Preserve.

(c) Authorities

(1) In general

The Trust shall develop programs and activities at the

Preserve, and shall have the authority to negotiate directly and

enter into such agreements, leases, contracts and other

arrangements with any person, firm, association, organization,

corporation or governmental entity, including without limitation,

entities of Federal, State, and local governments, and

consultation with Indian tribes and Pueblos, as are necessary and

appropriate to carry out its authorized activities or fulfill the

purposes of sections 698v to 698v-10 of this title. Any such

agreements may be entered into without regard to section 1302 of

title 40.

(2) Procedures

The Trust shall establish procedures for entering into lease

agreements and other agreements for the use and occupancy of

facilities of the Preserve. The procedures shall ensure

reasonable competition, and set guidelines for determining

reasonable fees, terms, and conditions for such agreements.

(3) Limitations

The Trust may not dispose of any real property in, or convey

any water rights appurtenant to the Preserve. The Trust may not

convey any easement, or enter into any contract, lease, or other

agreement related to use and occupancy of property within the

Preserve for a period greater than 10 years. Any such easement,

contract, lease, or other agreement shall provide that, upon

termination of the Trust, such easement, contract, lease or

agreement is terminated.

(4) Application of procurement laws

(A) In general

Notwithstanding any other provision of law, Federal laws and

regulations governing procurement by Federal agencies shall not

apply to the Trust, with the exception of laws and regulations

related to Federal Government contracts governing health and

safety requirements, wage rates, and civil rights.

(B) Procedures

The Trust, in consultation with the Administrator of Federal

Procurement Policy, Office of Management and Budget, shall

establish and adopt procedures applicable to the Trust's

procurement of goods and services, including the award of

contracts on the basis of contractor qualifications, price,

commercially reasonable buying practices, and reasonable

competition.

(d) Management program

Within two years after assumption of management responsibilities

for the Preserve, the Trust shall, in accordance with subsection

(f) of this section, develop a comprehensive program for the

management of lands, resources, and facilities within the Preserve

to carry out the purposes under section 698v-3(b) of this title.

To the extent consistent with such purposes, such program shall

provide for -

(1) operation of the Preserve as a working ranch, consistent

with paragraphs (2) through (4);

(2) the protection and preservation of the scientific, scenic,

geologic, watershed, fish, wildlife, historic, cultural and

recreational values of the Preserve;

(3) multiple use and sustained yield of renewable resources

within the Preserve;

(4) public use of and access to the Preserve for recreation;

(5) renewable resource utilization and management alternatives

that, to the extent practicable -

(A) benefit local communities and small businesses;

(B) enhance coordination of management objectives with those

on surrounding National Forest System land; and

(C) provide cost savings to the Trust through the exchange of

services, including but not limited to labor and maintenance of

facilities, for resources or services provided by the Trust;

and

(6) optimizing the generation of income based on existing

market conditions, to the extent that it does not unreasonably

diminish the long-term scenic and natural values of the area, or

the multiple use and sustained yield capability of the land.

(e) Public use and recreation

(1) In general

The Trust shall give thorough consideration to the provision of

appropriate opportunities for public use and recreation that are

consistent with the other purposes under section 698v-3(b) of

this title. The Trust is expressly authorized to construct and

upgrade roads and bridges, and provide other facilities for

activities including, but not limited to camping and picnicking,

hiking, and cross country skiing. Roads, trails, bridges, and

recreational facilities constructed within the Preserve shall

meet public safety standards applicable to units of the National

Forest System and the State of New Mexico.

(2) Fees

Notwithstanding any other provision of law, the Trust is

authorized to assess reasonable fees for admission to, and the

use and occupancy of, the Preserve: Provided, That admission fees

and any fees assessed for recreational activities shall be

implemented only after public notice and a period of not less

than 60 days for public comment.

(3) Public access

Upon the acquisition of the Baca ranch under section 698v-2(a)

of this title, and after an interim planning period of no more

than two years, the public shall have reasonable access to the

Preserve for recreation purposes. The Secretary, prior to

assumption of management of the Preserve by the Trust, and the

Trust thereafter, may reasonably limit the number and types of

recreational admissions to the Preserve, or any part thereof,

based on the capability of the land, resources, and facilities.

The use of reservation or lottery systems is expressly authorized

to implement this paragraph.

(f) Applicable laws

(1) In general

The Trust, and the Secretary in accordance with section

698v-7(b) of this title, shall administer the Preserve in

conformity with sections 698v to 698v-10 of this title and all

laws pertaining to the National Forest System, except the Forest

and Rangeland Renewable Resources Planning Act of 1974, as

amended (16 U.S.C. 1600 et seq.).

(2) Environmental laws

The Trust shall be deemed a Federal agency for the purposes of

compliance with Federal environmental laws.

(3) Criminal laws

All criminal laws relating to Federal property shall apply to

the same extent as on adjacent units of the National Forest

System.

(4) Reports on applicable rules and regulations

The Trust may submit to the Secretary and the Committees of

Congress a compilation of applicable rules and regulations which

in the view of the Trust are inappropriate, incompatible with

sections 698v to 698v-10 of this title, or unduly burdensome.

(5) Consultation with tribes and Pueblos

The Trust is authorized and directed to cooperate and consult

with Indian tribes and Pueblos on management policies and

practices for the Preserve which may affect them. The Trust is

authorized to allow the use of lands within the Preserve for

religious and cultural uses by Native Americans and, in so doing,

may set aside places and times of exclusive use consistent with

the American Indian Religious Freedom Act (42 U.S.C. 1996, 1996a)

and other applicable statutes.

(6) No administrative appeal

The administrative appeals regulations of the Secretary shall

not apply to activities of the Trust and decisions of the Board.

(g) Law enforcement and fire management

The Secretary shall provide law enforcement services under a

cooperative agreement with the Trust to the extent generally

authorized in other units of the National Forest System. The Trust

shall be deemed a Federal agency for purposes of the law

enforcement authorities of the Secretary (within the meaning of

section 559g of this title). At the request of the Trust, the

Secretary may provide fire presuppression, fire suppression, and

rehabilitation services: Provided, That the Trust shall reimburse

the Secretary for salaries and expenses of fire management

personnel, commensurate with services provided.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 108, July 25, 2000, 114 Stat. 607.)

-REFTEXT-

REFERENCES IN TEXT

The Forest and Rangeland Renewable Resources Planning Act of

1974, referred to in subsec. (f)(1), is Pub. L. 93-378, Aug. 17,

1974, 88 Stat. 476, as amended, which is classified generally to

subchapter I (Sec. 1600 et seq.) of chapter 36 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1600 of this title and Tables.

The American Indian Religious Freedom Act, referred to in subsec.

(f)(5), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended,

which is classified to sections 1996 and 1996a of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 1996 of

Title 42 and Tables.

-COD-

CODIFICATION

''Section 1302 of title 40'' substituted in subsec. (c)(1) for

''section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-5, 698v-7, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-7 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-7. Authorities of the Secretary

-STATUTE-

(a) In general

Notwithstanding the assumption of management of the Preserve by

the Trust, the Secretary is authorized to -

(1) issue any rights-of-way, as defined in the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), of

over 10 years duration, in cooperation with the Trust, including,

but not limited to, road and utility rights-of-way, and

communication sites;

(2) issue orders under and enforce prohibitions generally

applicable on other units of the National Forest System, in

cooperation with the Trust;

(3) exercise the authorities of the Secretary under the Wild

and Scenic Rivers Act (16 U.S.C. 1278, et seq.) and the Federal

Power Act (16 U.S.C. 797, et seq.), in cooperation with the

Trust;

(4) acquire the mineral rights referred to in section 698v-2(e)

of this title;

(5) provide law enforcement and fire management services under

section 698v-6(g) of this title;

(6) at the request of the Trust, exchange land or interests in

land within the Preserve under laws generally applicable to other

units of the National Forest System, or otherwise dispose of land

or interests in land within the Preserve under sections 521c

through 521i of this title;

(7) in consultation with the Trust, refer civil and criminal

cases pertaining to the Preserve to the Department of Justice for

prosecution;

(8) retain title to and control over fossils and archaeological

artifacts found within the Preserve;

(9) at the request of the Trust, construct and operate a

visitors' center in or near the Preserve, subject to the

availability of appropriated funds;

(10) conduct the assessment of the Trust's performance, and, if

the Secretary determines it necessary, recommend to Congress the

termination of the Trust, under section 698v-8(b)(2) of this

title; and

(11) conduct such other activities for which express

authorization is provided to the Secretary by sections 698v to

698v-10 of this title.

(b) Interim management

(1) In general

The Secretary shall manage the Preserve in accordance with

sections 698v to 698v-10 of this title during the interim period

from the date of acquisition of the Baca ranch under section

698v-2(a) of this title to the date of assumption of management

of the Preserve by the Trust under section 698v-6 of this title.

The Secretary may enter into any agreement, lease, contract, or

other arrangement on the same basis as the Trust under section

698v-6(c)(1) of this title: Provided, That any agreement, lease,

contract, or other arrangement entered into by the Secretary

shall not exceed two years in duration unless expressly extended

by the Trust upon its assumption of management of the Preserve.

(2) Use of the fund

All monies received by the Secretary from the management of the

Preserve during the interim period under paragraph (1) shall be

deposited into the ''Valles Caldera Fund'' established under

section 698v-4(h)(2) of this title, and such monies in the fund

shall be available to the Secretary, without further

appropriation, for the purpose of managing the Preserve in

accordance with the responsibilities and authorities provided to

the Trust under section 698v-6 of this title.

(c) Secretarial authority

The Secretary retains the authority to suspend any decision of

the Board with respect to the management of the Preserve if he

finds that the decision is clearly inconsistent with sections 698v

to 698v-10 of this title. Such authority shall only be exercised

personally by the Secretary, and may not be delegated. Any

exercise of this authority shall be in writing to the Board, and

notification of the decision shall be given to the Committees of

Congress. Any suspended decision shall be referred back to the

Board for reconsideration.

(d) Access

The Secretary shall at all times have access to the Preserve for

administrative purposes.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 109, July 25, 2000, 114 Stat. 610.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (a)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,

as amended, which is classified principally to chapter 35 (Sec.

1701 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 43 and Tables.

The Wild and Scenic Rivers Act, referred to in subsec. (a)(3), is

Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is

classified generally to chapter 28 (Sec. 1271 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1271 of this title and

Tables.

The Federal Power Act, referred to in subsec. (a)(3), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of this title. For

complete classification of this Act to the Code, see section 791a

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-6, 698v-8, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-8 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-8. Termination of the Trust

-STATUTE-

(a) In general

The Valles Caldera Trust shall terminate at the end of the

twentieth full fiscal year following acquisition of the Baca ranch

under section 698v-2(a) of this title.

(b) Recommendations

(1) Board

(A) If after the fourteenth full fiscal years (FOOTNOTE 1) from

the date of acquisition of the Baca ranch under section 698v-2(a)

of this title, the Board believes the Trust has met the goals and

objectives of the comprehensive management program under section

698v-6(d) of this title, but has not become financially

self-sustaining, the Board may submit to the Committees of

Congress, a recommendation for authorization of appropriations

beyond that provided under sections 698v to 698v-10 of this

title.

(FOOTNOTE 1) So in original. Probably should be ''year''.

(B) During the eighteenth full fiscal year from the date of

acquisition of the Baca ranch under section 698v-2(a) of this

title, the Board shall submit to the Secretary its recommendation

that the Trust be either extended or terminated including the

reasons for such recommendation.

(2) Secretary

Within 120 days after receipt of the recommendation of the

Board under paragraph (1)(B), the Secretary shall submit to the

Committees of Congress the Board's recommendation on extension or

termination along with the recommendation of the Secretary with

respect to the same and stating the reasons for such

recommendation.

(c) Effect of termination

In the event of termination of the Trust, the Secretary shall

assume all management and administrative functions over the

Preserve, and it shall thereafter be managed as a part of the Santa

Fe National Forest, subject to all laws applicable to the National

Forest System.

(d) Assets

In the event of termination of the Trust, all assets of the Trust

shall be used to satisfy any outstanding liabilities, and any funds

remaining shall be transferred to the Secretary for use, without

further appropriation, for the management of the Preserve.

(e) Valles Caldera Fund

In the event of termination, the Secretary shall assume the

powers of the Trust over funds under section 698v-4(h) of this

title, and the Valles Caldera Fund shall not terminate. Any

balances remaining in the fund shall be available to the Secretary,

without further appropriation, for any purpose consistent with the

purposes of sections 698v to 698v-10 of this title.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 110, July 25, 2000, 114 Stat. 611.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-6, 698v-7, 698v-9, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-9 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-9. Limitations on funding

-STATUTE-

(a) Authorization of appropriations

There is hereby authorized to be appropriated to the Secretary

and the Trust such funds as are necessary for them to carry out the

purposes of sections 698v to 698v-10 of this title for each of the

15 full fiscal years after the date of acquisition of the Baca

ranch under section 698v-2(a) of this title.

(b) Schedule of appropriations

Within two years after the first meeting of the Board, the Trust

shall submit to Congress a plan which includes a schedule of annual

decreasing appropriated funds that will achieve, at a minimum, the

financially self-sustained operation of the Trust within 15 full

fiscal years after the date of acquisition of the Baca ranch under

section 698v-2(a) of this title.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 111, July 25, 2000, 114 Stat. 612.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-6, 698v-7, 698v-8, 698v-10 of this title.

-CITE-

16 USC Sec. 698v-10 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

-HEAD-

Sec. 698v-10. General Accounting Office study

-STATUTE-

(a) Initial study

Three years after the assumption of management by the Trust, the

General Accounting Office shall conduct an interim study of the

activities of the Trust and shall report the results of the study

to the Committees of Congress. The study shall include, but shall

not be limited to, details of programs and activities operated by

the Trust and whether it met its obligations under sections 698v to

698v-10 of this title.

(b) Second study

Seven years after the assumption of management by the Trust, the

General Accounting Office shall conduct a study of the activities

of the Trust and shall report the results of the study to the

Committees of Congress. The study shall provide an assessment of

any failure to meet obligations that may be identified under

subsection (a) of this section, and further evaluation on the

ability of the Trust to meet its obligations under sections 698v to

698v-10 of this title.

-SOURCE-

(Pub. L. 106-248, title I, Sec. 112, July 25, 2000, 114 Stat. 612.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 698v, 698v-1, 698v-3,

698v-4, 698v-6, 698v-7, 698v-8, 698v-9 of this title.

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16 USC Sec. 698w 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION

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Sec. 698w. Special management requirements for Federal lands

recently added to Craters of the Moon National Monument, Idaho

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(a) Redesignation

The approximately 410,000 acres of land added to the Craters of

the Moon National Monument by Presidential Proclamation 7373 of

November 9, 2000, and identified on the map accompanying the

Proclamation for administration by the National Park Service,

shall, on and after August 21, 2002, be known as the ''Craters of

the Moon National Preserve''.

(b) Administration

(1) In general

Except as provided by paragraph (2), the Craters of the Moon

National Preserve shall be administered in accordance with -

(A) Presidential Proclamation 7373 of November 9, 2000;

(B) the Act of June 8, 1906, (commonly referred to as the

''Antiquities Act''; 34 Stat. 225; 16 U.S.C. 431); and

(C) the laws generally applicable to units of the National

Park System, including sections 1, 2, 3, and 4 of this title.

(2) Hunting

The Secretary of the Interior shall permit hunting on lands

within the Craters of the Moon National Preserve in accordance

with the applicable laws of the United States and the State of

Idaho. The Secretary, in consultation with the State of Idaho,

may designate zones where, and establish periods when, no hunting

may be permitted for reasons of public safety, protection of the

area's resources, administration, or public use and enjoyment.

Except in emergencies, any regulations prescribing such

restrictions relating to hunting shall be put into effect only

after consultation with the State of Idaho.

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(Pub. L. 107-213, Sec. 1, Aug. 21, 2002, 116 Stat. 1052.)

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REFERENCES IN TEXT

Presidential Proclamation 7373, referred to in subsecs. (a) and

(b)(1)(A), appears in the item for Craters of the Moon National

Monument, Idaho, in the table under the heading ''National

Monuments Established Under Presidential Proclamation'', set out as

a note under section 431 of this title.

Act of June 8, 1906, referred to in subsec. (b)(1)(B), is act

June 8, 1906, ch. 3060, 34 Stat. 225, known as the Antiquities Act

of 1906, which is classified generally to sections 431, 432, and

433 of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 431 of this title

and Tables.

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CODIFICATION

Section is comprised of section 1 of Pub. L. 107-213. Section 1

also enacted provisions listed in a table of National Monuments

Established Under Presidential Proclamation set out under section

431 of this title.

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