16 U.S.C. § 410mm–1 — Administration
submitted 40 years ago by Pub. L. 99-565 to r/title-16-CONSERVATION · 884 words · no verdicts yet
The Secretary manages Great Basin National Park to protect its scenery and resources while allowing fishing, existing grazing, and range improvements under set rules. Mining and mineral leasing are banned on park land, and the law limits new federal water-rights claims to what the old national forest and monument already had.
(a) Laws governing; conservation and protection of resources — The Secretary manages the park under this subchapter and under the laws generally applicable to National Park System units, including the Act of August 26, 1916 (39 Stat. 535; 16 U.S.C. 1-4). The Secretary must protect, manage, and administer the park so as to conserve the scenery and the natural, geologic, historic, and archaeological resources — including fish and wildlife — while still letting the public use and enjoy the park, all in a way that keeps these qualities intact for future generations.
(b) Fishing — The Secretary must allow fishing on the park's lands and waters, following applicable United States and Nevada law. The Secretary may still mark off zones, or set time periods, with no fishing allowed, but only for reasons of public safety. Except in an emergency, any rule restricting fishing this way can only take effect after the Secretary consults the appropriate Nevada state agency.
(c) Preparation of management plan; submission to Congress; amendment of plan — After giving notice and a chance for a public hearing, the Secretary must write a management plan for the park. This plan goes to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources, within three years after October 27, 1986. The plan can be amended later. It must, at minimum, cover grazing within the park (to the extent subsection (e) allows it) and the proper management of fish, wildlife, and fishing under subsection (b). These provisions can only be adopted after consulting the state agency in charge of fish and wildlife.
(d) Withdrawal of lands from mining and mineral leasing — Except for any valid rights that already exist, federal land and interests within the park are off-limits to the public land laws, to mining claims, to mineral leasing laws, and to the Geothermal Steam Act of 1970.
(e) Grazing — Subject to whatever limits, conditions, or rules the Secretary sets, the Secretary may allow grazing within the park — but only to the same extent grazing was allowed there as of July 1, 1985. The National Park Service administers this grazing.
(f) Exchange of park grazing allotment for grazing allotment outside park
(1) Exchanges — At any time, either the grazing permit holder or the Secretary can start negotiations to trade all or part of a grazing allotment inside the park for one outside the park. But if the affected federal land management agency believes the trade would cause overgrazing of federal land, the trade cannot happen.
(2)(A) The Secretary may also accept donations of existing, valid grazing permits and leases on park land. (B) Once the Secretary acquires a permit or lease this way, the Secretary must end it, so the grazing it used to allow stops.
(g) Water-related range improvements — Improvements already built for grazing purposes that involve water — like fences, wells, or troughs — may keep being maintained inside the park, either by the Secretary or by the people who benefit from them, but only under reasonable rules the Secretary sets.
(h) Reservation to United States of new express or implied water or water-related right not established; exception — This subchapter does not create any new federal water right — express or implied — for the land described in section 410mm of this title. The United States is only entitled to whatever water right was already tied to when Humboldt National Forest and the Lehman Caves National Monument were originally set aside from the public domain. Nothing in this subchapter lets anyone claim new water rights except by following Nevada's own substantive and procedural water law.
(i) Cooperative agreements with Federal and other agencies; interpretation of Great Basin physiographic region — To help present a unified, cost-effective picture of the wider Great Basin region, the Secretary is authorized — and encouraged — to make cooperative agreements with other federal, state, and local agencies for interpreting that region. These agreements can, among other things, let the Secretary build and run interpretive facilities and programs on land outside the park's own boundaries, as long as whoever owns or manages that outside land agrees.
The Secretary shall administer the park in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved August 26, 1916 (39 Stat. 535; 16 U.S.C. 1–4).1 The Secretary shall protect, manage, and administer the park in such manner as to conserve and protect the scenery, the natural, geologic, historic, and archaeological resources of the park, including fish and wildlife and to provide for the public use and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.
The Secretary shall permit fishing on lands and waters under his jurisdiction within the park in accordance with the applicable laws of the United States and the State of Nevada, except that he may designate zones where, and periods when, no fishing may be permitted for reasons of public safety. Except in emergencies, any regulations prescribing such restrictions relating to fishing,2 shall be put into effect only after consultation with the appropriate State agency having jurisdiction over fishing activities.
After notice and opportunity for public hearing, the Secretary shall prepare a management plan for the park. The Secretary shall submit such plan to the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate within three years after October 27, 1986. Such plan may be amended from time to time. The plan shall include, but not be limited to, provisions related to grazing within the park to the extent permitted under subsection (e) and provisions providing for the appropriate management of fish and wildlife and fishing within the park in accordance with subsection (b). Such provisions shall be adopted only after consultation with the appropriate State agency having jurisdiction over fish and wildlife.
Subject to valid existing rights, Federal lands and interests therein, within the park, are withdrawn from disposition under the public lands laws and from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970, as amended [30 U.S.C. 1001 et seq.].
Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary may permit grazing on lands within the park to the same extent as was permitted on such lands as of July 1, 1985. Grazing within the park shall be administered by the National Park Service.
At the request of the permittee, or at the initiative of the Secretary, negotiations may take place at any time with holders of valid existing grazing permits and grazing leases on land within the park, for an exchange of all or part of their grazing allotments for allotments outside the park. No such exchange shall take place if, in the opinion of the affected Federal land management agency, the exchange would result in overgrazing of Federal lands.
The Secretary may acquire by donation valid existing permits and grazing leases authorizing grazing on land in the park.
The Secretary shall terminate a grazing permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by the permit or lease.
Existing water-related range improvements inside the park may be maintained by the Secretary or the persons benefitting from them, subject to reasonable regulation by the Secretary.
Nothing in this subchapter shall be construed to establish a new express or implied reservation to the United States of any water or water-related right with respect to the land described in section 410mm of this title: Provided, That the United States shall be entitled to only that express or implied reserved water right which may have been associated with the initial establishment and withdrawal of Humboldt National Forest and the Lehman Caves National Monument from the public domain with respect to the land described in section 410mm of this title. No provision of this subchapter shall be construed as authorizing the appropriation of water, except in accordance with the substantive and procedural law of the State of Nevada.
In order to encourage unified and cost-effective interpretation of the Great Basin physiographic region, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies providing for the interpretation of the Great Basin physiographic region. Such agreements shall include, but not be limited to, authority for the Secretary to develop and operate interpretive facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the owner or administrator thereof.
Source credit: (Pub. L. 99–565, § 3, Oct. 27, 1986, 100 Stat. 3182; Pub. L. 104–134, title I, § 101(c) [title III, § 319], Apr. 26, 1996, 110 Stat. 1321–156, 1321–203; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
- 1986Enacted · Pub. L. 99-565 · 100 Stat. 3182
- 1996Amended · Pub. L. 104-134 · 110 Stat. 1321
- 1996Amended · Pub. L. 104-140 · 110 Stat. 1327
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-565 on 1986-10-27.
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