Legislación
US (United States) Code. Title 16. Chapter 6: Game and bird preserves, protection
-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 Repealed.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.
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16 USC Sec. 671 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 6 - GAME AND BIRD PRESERVES; PROTECTION
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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.
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16 USC Sec. 672 01/06/03
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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.
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16 USC Sec. 673 01/06/03
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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.
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16 USC Sec. 673a 01/06/03
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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.
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16 USC Sec. 673b 01/06/03
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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.
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16 USC Sec. 673c 01/06/03
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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.
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16 USC Sec. 673d 01/06/03
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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.
-CITE-
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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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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