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16 U.S.C. § 460iii–5Other laws and administrative provisions

submitted 33 years ago by Pub. L. 103-64 to r/title-16-CONSERVATION · 546 words · no verdicts yet

in plain englishAI-generated · not legal advice

This subchapter doesn't limit the Endangered Species Act, the National Trails System Act, or other laws that normally apply to public land, like historic preservation and archaeological protection laws. It doesn't change the status of land the Bureau of Land Management wasn't already managing, and it lets the Secretary hire people to grow plants for habitat restoration. Congress finds the former Snake River Birds of Prey Natural Area unsuitable for wilderness and releases it from wilderness study, revoking two old Public Land Orders. The United States is not creating any new water rights through this subchapter, is not giving up any existing water rights, and must protect its claimed water rights in the ongoing Snake River water adjudication.

(a) Other laws. (1) Nothing in this subchapter replaces, limits, or otherwise affects enforcing the Endangered Species Act of 1973, and nothing in this subchapter limits how the National Trails System Act applies to lands within the conservation area. (2) Except where this subchapter specifically says otherwise, nothing in it limits how laws that generally apply to public lands — including the National Historic Preservation Act, the Archaeological Resources Protection Act of 1979, and the Native American Graves Protection and Repatriation Act — apply to lands in the conservation area. (3) Nothing in this subchapter, by itself, changes the status of any land that, as of August 4, 1993, was not managed by the Bureau of Land Management. (4) Nothing in this subchapter stops the Secretary from hiring qualified people to use public lands in the conservation area to grow plants (including seeds), to be used for restoring habitat in the conservation area, following the plan and this subchapter's purposes. (b) Release. Congress finds and directs that the public lands within the Snake River Birds of Prey Natural Area — established as a natural area in October 1971 by Public Land Order 5133 — have been adequately studied and found unsuitable for wilderness designation under section 1782 of title 43. Those lands are released from further wilderness-study management under section 1782(c) of title 43, and must instead be managed under other applicable laws, including this subchapter. (c) Existing administrative withdrawal terminated. Public Land Order 5133, dated October 12, 1971, and Public Land Order 5777, dated November 21, 1980, both issued by the Secretary, are revoked, subject to subsections (d)(3) and (d)(4). (d) Water. (1) Congress finds that the United States is currently a party to a legal case deciding rights to Snake River waters, including water rights the United States claims based on setting aside land for conserving fish and wildlife. Because of this, Congress finds there is no need for this subchapter to create a reservation of water rights for the United States in order to fulfill the conservation area's purposes. (2) Nothing in this subchapter, or any action taken under it, creates an express or implied reservation of water or water rights for any purpose. (3) Nothing in this subchapter relinquishes or reduces any water rights the United States held or claimed within Idaho or elsewhere on or before August 4, 1993. (4) The Secretary and all other U.S. officers must take every step necessary to protect all water rights the United States claims in the Snake River adjudication now pending in the Idaho district court, where the United States is a party under section 666 of title 43.
the actual law source: uscode.house.gov ↗public domain
(a) Other laws
(1)

Nothing in this subchapter shall be construed to supersede, limit, or otherwise affect administration and enforcement of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or to limit the applicability of the National Trails System Act [16 U.S.C. 1241 et seq.] to any lands within the conservation area.

(2)

Except as otherwise specifically provided in this subchapter, nothing in this subchapter shall be construed as limiting the applicability to lands in the conservation area of laws applicable to public lands generally, including but not limited to the National Historic Preservation Act,1 the Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq.], or the Native American Graves Protection and Repatriation Act [25 U.S.C. 3001 et seq.].

(3)

Nothing in this subchapter shall be construed as by itself altering the status of any lands that on August 4, 1993, were not managed by the Bureau of Land Management.

(4)

Nothing in this subchapter shall be construed as prohibiting the Secretary from engaging qualified persons to use public lands within the conservation area for the propagation of plants (including seeds) to be used for vegetative enhancement of the conservation area in accordance with the plan and in furtherance of the purposes for which the conservation area is established.

(b) Release

The Congress finds and directs that the public lands within the Snake River Birds of Prey Natural Area established as a natural area in October 1971 by Public Land Order 5133 have been adequately studied and found unsuitable for wilderness designation pursuant to section 1782 of title 43. Such lands are hereby released from further management pursuant to section 1782(c) of title 43 and shall be managed in accordance with other applicable provisions of law, including this subchapter.

(c) Existing administrative withdrawal terminated

Public Land Orders 5133 dated October 12, 1971, and 5777 dated November 21, 1980, issued by the Secretary are hereby revoked subject to subsections (d)(3) and (d)(4).

(d) Water
(1)

The Congress finds that the United States is currently a party in an adjudication of rights to waters of the Snake River, including water rights claimed by the United States on the basis of the reservation of lands for purposes of conservation of fish and wildlife and that consequently there is no need for this subchapter to effect a reservation by the United States of rights with respect to such waters in order to fulfill the purposes for which the conservation area is established.

(2)

Nothing in this subchapter or any action taken pursuant thereto shall constitute either an expressed or implied reservation of water or water rights for any purpose.

(3)

Nothing in this subchapter shall be construed as effecting a relinquishment or reduction of any of the water rights held or claimed by the United States within the State of Idaho or elsewhere on or before August 4, 1993.

(4)

The Secretary and all other officers of the United States shall take all steps necessary to protect all water rights claimed by the United States in the Snake River adjudication now pending in the district court of the State of Idaho in which the United States is joined under section 666 of title 43.

Source credit: (Pub. L. 103–64, § 6, Aug. 4, 1993, 107 Stat. 308.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-64 · 107 Stat. 308

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-64 on 1993-08-04.

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