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16 U.S.C. § 539m–9Construction

submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 225 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says that sections 539m through 539m–12 create only the rights they expressly list. It preserves certain existing private rights and State fish-and-wildlife responsibilities and says these arrangements are not precedent.

(a) Sections 539m through 539m–12 recognize only the rights and interests they list. No additional right, interest, obligation, or duty arises by implication. (b) Valid private property rights connected with private land that existed in the Area on February 20, 2003, and are not otherwise addressed are not changed or affected. Exercising those rights is not subject to the Pueblo's right to refuse consent to new Area uses under section 539m–3(a)(3)(A). (c) The rights and interests created in the National Forest System by these sections are specially suited to this Pueblo claim and this geographic and social situation. They must not be treated as a precedent for another National Forest System management situation. (d) Except as section 539m–6(b)(2)(B) provides, these sections do not affect New Mexico's responsibilities for fish and wildlife, including regulation of hunting, fishing, and trapping in the Area.
the actual law source: uscode.house.gov ↗public domain
(a) Strict construction

Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.

(b) Existing rights

To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo’s right to withhold consent to new uses in the Area as set forth in section 539m–3(a)(3)(A) of this title.

(c) Not precedent

The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.

(d) Fish and wildlife

Except as provided in section 539m–6(b)(2)(B) of this title, nothing in sections 539m to 539m–12 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, or trapping within the Area.

Source credit: (Pub. L. 108–7, div. F, title IV, § 411, Feb. 20, 2003, 117 Stat. 291.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-7 · 117 Stat. 291

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-7 on 2003-02-20.

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