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16 U.S.C. § 459a–3Migratory bird refuges not to be affected

submitted 89 years ago by ch. 687 to r/title-16-CONSERVATION · 168 words · no verdicts yet

in plain englishAI-generated · not legal advice

Existing migratory bird refuges inside the seashore area stay under the Agriculture Secretary's control. Those lands still count as part of the national seashore too. The National Park Service manages them for recreation. This can't conflict with protecting the birds. The Agriculture Secretary can still buy land for bird refuges.

This section is a single, undivided provision. Despite anything else in sections 459 to 459a–3 of this title, any land or water that, on or after August 17, 1937, is part of a migratory bird refuge under the Secretary of Agriculture's jurisdiction — and that falls inside the seashore's boundaries — keeps being a refuge under the Secretary of Agriculture. At the same time, that land and water also counts as part of the seashore recreational area. The National Park Service administers that overlapping land for recreational uses, but only uses that do not conflict with the refuge's purposes. The Secretaries of the Interior and Agriculture must jointly approve the rules governing this. Finally, the proviso in section 459 of this title does not limit the Secretary of Agriculture's power to buy land for any migratory bird refuge, using whatever funds the law makes available for that purpose.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provisions of sections 459 to 459a–3 of this title, lands and waters on or after August 17, 1937, included in any migratory bird refuge under the jurisdiction of the Secretary of Agriculture, within the boundaries of the national seashore recreational area as designated by the Secretary of the Interior under section 459 of this title, shall continue as such refuge under the jurisdiction of the Secretary of Agriculture for the protection of migratory birds, but such lands and waters shall be a part of the aforesaid national seashore recreational area and shall be administered by the National Park Service for recreational uses not inconsistent with the purposes of such refuge under such rules and regulations as the Secretaries of the Interior and Agriculture may jointly approve. The proviso to section 459 of this title shall not limit the power of the Secretary of Agriculture to acquire lands for any migratory bird refuge by purchase with any funds made available therefor by applicable law.

Source credit: (Aug. 17, 1937, ch. 687, § 5, 50 Stat. 670; June 29, 1940, ch. 459, § 1, 54 Stat. 702.)

history & why it existsrecord from the source credit
  • 1937Enacted · Act of Aug. 17, 1937, ch. 687 · 50 Stat. 670
  • 1940Amended · Act of June 29, 1940, ch. 459 · 54 Stat. 702

A history note hasn’t been published yet. The record shows enactment by ch. 687 on 1937-08-17.

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