Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
parent 511d65f9a0
commit 76b8ec33a7
48603 changed files with 3677193 additions and 4 deletions
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---
type: "LegalText"
title: "16 U.S.C. § 671"
description: "Repealed and Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "671"
citation: "16 U.S.C. § 671"
status: "current"
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release_date: "2026-06-26"
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---
# 16 U.S.C. § 671 - Repealed and Omitted
## Notes
Editorial Notes
Codification Section was a composite of provisions in acts May 23, 1908, ch. 192, 35 Stat. 267, and Mar. 4, 1909, ch. 301, 35 Stat. 1051. The provision in act May 23, 1908, ch. 192, which authorized President to reserve and except 12,800 acres for a permanent National Bison Range in Montana, was repealed by Pub. L. 116260, div. DD, § 12(g), Dec. 27, 2020, 134 Stat. 3032. The provision in act Mar. 4, 1909, ch. 301, which directed President to reserve and except a sufficient area to enlarge the Range to not to exceed 20,000 acres, was omitted in view of the probable intent to repeal the entirety of this section by section 12(g) of div. DD of Pub. L. 116—260.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "16 U.S.C. § 672"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "672"
citation: "16 U.S.C. § 672"
status: "current"
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---
# 16 U.S.C. § 672 - Omitted
## Notes
Editorial Notes
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.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "16 U.S.C. § 673"
description: "Wyoming Elk Reserve"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673"
citation: "16 U.S.C. § 673"
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---
# 16 U.S.C. § 673 - Wyoming Elk Reserve
## Text
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.
(Aug. 10, 1912, ch. 284, 37 Stat. 293; Mar. 4, 1913, ch. 145, § 1 (part), 37 Stat. 847; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
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.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 673a"
description: "Addition to the Wyoming Elk Reserve"
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kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673a"
citation: "16 U.S.C. § 673a"
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---
# 16 U.S.C. § 673a - Addition to the Wyoming Elk Reserve
## Text
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.
(Feb. 25, 1927, ch. 205, 44 Stat. 1246; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "16 U.S.C. § 673b"
description: "National Elk Refuge in Wyoming"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673b"
citation: "16 U.S.C. § 673b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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# 16 U.S.C. § 673b - National Elk Refuge in Wyoming
## Text
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.
(Sept. 14, 1950, ch. 950, § 2, 64 Stat. 849.)
## Notes
Editorial Notes
References in TextThe 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 406d1 and 482m of this title.
Statutory Notes and Related Subsidiaries
Revocation of Temporary Withdrawals of Public LandsRevocation 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 406d1 of this title.
Repeal of Inconsistent LawsRepeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d1 of this title.
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "16 U.S.C. § 673c"
description: "Conservation of elk in Wyoming"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673c"
citation: "16 U.S.C. § 673c"
status: "current"
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---
# 16 U.S.C. § 673c - Conservation of elk in Wyoming
## Text
(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.
(Sept. 14, 1950, ch. 950, § 6, 64 Stat. 851.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Sept. 14, 1950, ch. 950, 64 Stat. 849, which enacted this section, sections 406d1 to 406d5, 431a, 451a, 482m, and 673b of this title and provisions set out as notes under section 406d1 of this title. Section 1 of the Act was partially repealed and restated as sections 104907 and 320301 of Title 54, National Park Service and Related Programs, by Pub. L. 113287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Repeal of Inconsistent LawsRepeal of laws inconsistent with act Sept. 14, 1950, see note set out under section 406d1 of this title.
@@ -0,0 +1,35 @@
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type: "LegalText"
title: "16 U.S.C. § 673d"
description: "Restoration and conservation of elk in California"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673d"
citation: "16 U.S.C. § 673d"
status: "current"
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release_date: "2026-06-26"
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---
# 16 U.S.C. § 673d - Restoration and conservation of elk in California
## Text
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.
(Pub. L. 94389, § 1, Aug. 14, 1976, 90 Stat. 1189.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "16 U.S.C. § 673e"
description: "Cooperation of Secretaries of the Interior, Agriculture and Defense with State of California"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "673e"
citation: "16 U.S.C. § 673e"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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# 16 U.S.C. § 673e - Cooperation of Secretaries of the Interior, Agriculture and Defense with State of California
## Text
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.
(Pub. L. 94389, § 2, Aug. 14, 1976, 90 Stat. 1190.)
@@ -0,0 +1,33 @@
---
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corpus: "united_states_code"
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title_number: 16
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citation: "16 U.S.C. § 673f"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 16 U.S.C. § 673f - Repealed. Pub. L. 105362, title IX, § 901(b)(1), Nov. 10, 1998, 112 Stat. 3289
## Notes
Section, Pub. L. 94389, § 3, Aug. 14, 1976, 90 Stat. 1190; Pub. L. 97375, title II, § 208(c), Dec. 21, 1982, 96 Stat. 1825, related to report to Congress by Secretary of the Interior concerning Tule elk herds in California.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "16 U.S.C. § 673g"
description: "Plan for elk restoration and conservation; coordination of Secretary of the Interior with Federal, State and other officers; integration with State plans"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 16
title_name: "CONSERVATION"
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# 16 U.S.C. § 673g - Plan for elk restoration and conservation; coordination of Secretary of the Interior with Federal, State and other officers; integration with State plans
## Text
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.
(Pub. L. 94389, § 3, formerly § 4, Aug. 14, 1976, 90 Stat. 1190; Pub. L. 97375, title I, § 108(a), Dec. 21, 1982, 96 Stat. 1820; renumbered § 3, Pub. L. 105362, title IX, § 901(b)(2), Nov. 10, 1998, 112 Stat. 3289.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3 of Pub. L. 94389 was classified to section 673f of this title, prior to repeal by Pub. L. 105362.
Amendments1982—Pub. L. 97375 struck out requirement that the Secretarys annual report to Congress describe the development and implementation of the plan.
@@ -0,0 +1,51 @@
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# 16 U.S.C. § 674 - White Horse Hill National Game Preserve
## Text
The Secretary of the Interior is authorized to inclose the Sullys Hill National Game Preserve 11 See Change of Name note below. 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.
(June 30, 1914, ch. 131, 38 Stat. 434; Mar. 3, 1931, ch. 439, § 1, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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. Sullys Hill National Game Preserve was renamed White Horse Hill National Game Preserve by Pub. L. 11694, div. P, title IV, § 402(a), Dec. 20, 2019, 133 Stat. 3191.
Short Title of 2019 AmendmentPub. L. 11694, div. P, title IV, § 401, Dec. 20, 2019, 133 Stat. 3191, provided that: “This title [amending sections 674a and 674b of this title and enacting provisions set out as a note under section 674a of this title] may be cited as the White Horse Hill National Game Preserve Designation Act.”
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 674a - Sullys Hill National Park; transfer of control; change of name to White Horse Hill National Game Preserve; boundaries; use by public; hunting
## Text
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 White Horse 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.
(Mar. 3, 1931, ch. 439, § 1, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 11694, div. P, title IV, § 402(a), Dec. 20, 2019, 133 Stat. 3191.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 11694 substituted “White Horse Hill National Game Preserve” for “Sullys Hill National Game Preserve” in text.
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 11694, div. P, title IV, § 402(c), Dec. 20, 2019, 133 Stat. 3191, provided that: “Any reference in a law, map, regulation, document, paper, or other record of the United States to the Sullys Hill National Game Preserve shall be considered to be a reference to the White Horse Hill National Game Preserve.”
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 674b - White Horse Hill National Game Preserve; acquisition of additional lands
## Text
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 White Horse Hill National Game Preserve.
(Mar. 3, 1931, ch. 439, § 2, 46 Stat. 1509; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 11694, div. P, title IV, § 402(b), Dec. 20, 2019, 133 Stat. 3191.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 11694 substituted “White Horse Hill National Game Preserve” for “Sullys Hill National Game Preserve” in text.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 674c - Boundary and division fences for White Horse Hill National Game Preserve; buildings and improvements; supplies; employees
## Text
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.
(Mar. 3, 1931, ch. 439, § 3, 46 Stat. 1510; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 674d - Authorization of appropriations
## Text
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.
(Mar. 3, 1931, ch. 439, § 4, 46 Stat. 1510.)
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# 16 U.S.C. § 675 - Norbeck Wildlife Preserve; establishment
## Text
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.
(June 5, 1920, ch. 247, § 1, 41 Stat. 986; June 7, 1924, ch. 324, 43 Stat. 632; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.)
## Notes
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Change of Name “Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.
Executive Documents
Change of Name 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.
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).
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# 16 U.S.C. § 676 - Hunting, trapping, killing, or capturing game on Norbeck Wildlife Preserve unlawful
## Text
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.
(June 5, 1920, ch. 247, §§ 2, 3, 41 Stat. 986; June 25, 1948, ch. 645, § 11, 62 Stat. 860.)
## Notes
Editorial Notes
Codification First sentence of section is from section 2 and the last from section 3 of act June 5, 1920.
Amendments1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Procedure.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
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# 16 U.S.C. § 677 - Inclosure of Norbeck Wildlife Preserve
## Text
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.
(June 5, 1920, ch. 247, § 4, 41 Stat. 986; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.
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# 16 U.S.C. § 678 - Exchange of lands with State of South Dakota and Norbeck Wildlife Preserve
## Text
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.
(June 5, 1920, ch. 247, § 5, 41 Stat. 986; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.
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# 16 U.S.C. § 678a - Mining locations in Norbeck Wildlife Preserve; rules and regulations
## Text
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.
(June 24, 1948, ch. 611, § 1, 62 Stat. 580; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.
Executive Documents
Change of Name 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.
@@ -0,0 +1,41 @@
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# 16 U.S.C. § 678b - Redefinition of western boundary of Norbeck Wildlife Preserve
## Text
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.
(June 24, 1948, ch. 611, § 2, 62 Stat. 581; Oct. 6, 1949, ch. 620, § 1, 63 Stat. 708.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name “Custer State Park Game Sanctuary” changed to “Norbeck Wildlife Preserve” by act Oct. 6, 1949.
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# 16 U.S.C. § 679 - Patents to State of South Dakota of certain lands in Custer State Park; reservation of coal, oil, gas, and other mineral rights
## Text
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.
(Mar. 3, 1925, ch. 465, 43 Stat. 1185.)
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# 16 U.S.C. § 680 - Game animal and bird refuge in South Dakota; establishment
## Text
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.
(June 7, 1924, ch. 326, § 1, 43 Stat. 634.)
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# 16 U.S.C. § 681 - Erection of fence by South Dakota for game animal and bird refuge
## Text
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.
(June 7, 1924, ch. 326, § 2, 43 Stat. 634.)
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# 16 U.S.C. § 682 - Game refuge in Ozark National Forest
## Text
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.
(Feb. 28, 1925, ch. 376, 43 Stat. 1091; Aug. 11, 1945, ch. 365, 59 Stat. 531; June 25, 1948, ch. 645, § 12, 62 Stat. 861.)
## Notes
Editorial Notes
Amendments1948—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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Executive Documents
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).
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# 16 U.S.C. § 683 - Areas set aside for protection of game and fish; unlawfully taking game or fish
## Text
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.
(Aug. 11, 1916, ch. 313, 39 Stat. 476; June 25, 1948, ch. 645, § 10, 62 Stat. 860.)
## Notes
Editorial Notes
References in TextAct 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 which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 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.
Amendments1948—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Executive Documents
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).
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# 16 U.S.C. § 684 - Game breeding areas in Wichita and Grand Canyon National Forests
## Text
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.
(Jan. 24, 1905, ch. 137, § 1, 33 Stat. 614; June 29, 1906, ch. 3593, § 1, 34 Stat. 607.)
## Notes
Editorial Notes
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.
Executive Documents
Presidential Designation; Abolition of Wichita National ForestThe 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, § 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).
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# 16 U.S.C. § 685 - Hunting, trapping, killing, or capturing game in designated breeding areas unlawful
## Text
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.
(Jan. 24, 1905, ch. 137, § 2, 33 Stat. 614; June 29, 1906, ch. 3593, § 2, 34 Stat. 607; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 25, 1948, ch. 645, §§ 8, 9, 62 Stat. 860.)
## Notes
Editorial Notes
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.
Amendments1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Procedure.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 686 - Operation of local game laws not affected
## Text
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.
(Jan. 24, 1905, ch. 137, § 3, 33 Stat. 614; June 29, 1906, ch. 3593, § 3, 34 Stat. 607.)
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---
# 16 U.S.C. § 687 - Grand Canyon Game Preserve included in park
## Text
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 11 So in original. Probably should be “within”. the Grand Canyon National Park are excluded and eliminated from said game preserve.
(Feb. 26, 1919, ch. 44, § 9, 40 Stat. 1178.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Feb. 26, 1919, ch. 44, 40 Stat. 1175, which is classified principally to subchapter XXIV (§ 221 et seq.) of chapter 1 of this title. For complete classification of this Act to the Code, see Tables.
@@ -0,0 +1,39 @@
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# 16 U.S.C. § 688 - Repealed. Pub. L. 95625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483
## Notes
Section, acts July 3, 1926, ch. 744, § 6, 44 Stat. 821; June 25, 1948, ch. 645, § 13, 62 Stat. 861, related to designation of Sequoia National Game Refuge. See section 45f(b)(2) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 95625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483, provided in part that the repeal of this section and section 45a3 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 ProtectionPub. L. 95625, title III, § 314(g), Nov. 10, 1978, 92 Stat. 3483, 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.
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# 16 U.S.C. § 689 - Tahquitz National Game Preserve
## Text
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 11 So in original. Probably should be “within”. the exterior boundary of the aforesaid tract shall first become the property of the United States. 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.
(July 3, 1926, ch. 776, § 1, 44 Stat. 889.)
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# 16 U.S.C. § 689a - Other uses of land permitted in Tahquitz National Game Preserve
## Text
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.
(July 3, 1926, ch. 776, § 2, 44 Stat. 889.)
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# 16 U.S.C. § 689b - Hunting, pursuing, capturing in Tahquitz National Game Preserve unlawful
## Text
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.
(July 3, 1926, ch. 776, § 3, 44 Stat. 889; June 25, 1948, ch. 645, § 14, 62 Stat. 861.)
## Notes
Editorial Notes
Amendments1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Procedure.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
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# 16 U.S.C. § 689c - Rules and regulations for administration of the Tahquitz Preserve; predatory animals
## Text
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.
(July 3, 1926, ch. 776, § 4, 44 Stat. 889.)
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# 16 U.S.C. § 689d - Acceptance of title to privately owned lands within Tahquitz Preserve
## Text
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.
(July 3, 1926, ch. 776, § 5, 44 Stat. 889.)
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# 16 U.S.C. § 690 - Bear River Migratory Bird Refuge; establishment; acquisition of lands
## Text
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.
(Apr. 23, 1928, ch. 413, § 1, 45 Stat. 448; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 690a - Maintenance of lands acquired as refuge and breeding place for migratory birds
## Text
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.
(Apr. 23, 1928, ch. 413, § 2, 45 Stat. 448.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
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# 16 U.S.C. § 690b - Consent of Utah to acquisition of lands for Bear River Refuge; approval of title to lands acquired
## Text
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.
(Apr. 23, 1928, ch. 413, § 3, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 690c - Existence of easements, reservations, or exceptions as barring acquisition of lands
## Text
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.
(Apr. 23, 1928, ch. 413, § 4, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 690d - Injuries to property on Bear River Refuge; disturbance of birds, etc.; violation of regulations for use of refuge
## Text
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.
(Apr. 23, 1928, ch. 413, § 5, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 690e - Enforcement of laws and regulations; warrants and processes; jurisdiction of courts; forfeiture of property captured, injured, killed or removed
## Text
(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.
(Apr. 23, 1928, ch. 413, § 6, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 90578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95616, § 3(g), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
Amendments1978—Subsec. (b). Pub. L. 95616 substituted “as directed by the Secretary of the Interior, in accordance with law” for “as directed by the court having jurisdiction”.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101650, 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. 90578. See chapter 43 (§ 631 et seq.) of Title 28.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 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
## Text
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.
(Apr. 23, 1928, ch. 413, § 7, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
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# 16 U.S.C. § 690g - Violation of laws and regulations; penalties
## Text
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.
(Apr. 23, 1928, ch. 413, § 9, 45 Stat. 450.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
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# 16 U.S.C. § 690h - “Person” defined
## Text
As used in sections 690 to 690i of this title the term “person” includes an individual, partnership, association, or corporation.
(Apr. 23, 1928, ch. 413, § 10, 45 Stat. 450.)
## Notes
Editorial Notes
References in TextSection 690i, included within the reference to sections 690 to 690i, was omitted from the Code.
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# 16 U.S.C. § 690i - Omitted
## Notes
Editorial Notes
Codification Section, act Apr. 23, 1928, ch. 413, § 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.
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# 16 U.S.C. § 691 - Cheyenne Bottoms Migratory Bird Refuge; location; acquisition of land
## Text
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.
(June 12, 1930, ch. 469, § 1, 46 Stat. 579; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
@@ -0,0 +1,35 @@
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# 16 U.S.C. § 691a - Establishment of Cheyenne Bottoms Migratory Bird Refuge; purpose
## Text
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.
(June 12, 1930, ch. 469, § 2, 46 Stat. 579.)
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# 16 U.S.C. § 691b - Omitted
## Notes
Editorial Notes
Codification Section, act June 12, 1930, ch. 469, § 3, 46 Stat. 579, authorized the appropriation of $250,000 for purchase of land described in section 691 of this title.
@@ -0,0 +1,41 @@
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# 16 U.S.C. § 691c - Acquisition of areas for Cheyenne Bottoms Refuge; title; rights-of-way, easements, and reservations
## Text
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.
(June 12, 1930, ch. 469, § 4, 46 Stat. 579; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Executive Documents
Transfer of Functions Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
@@ -0,0 +1,41 @@
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# 16 U.S.C. § 691d - Applicability of certain statutes
## Text
Sections 715f to 715i and 715l to 715n 11 See References in Text note below. 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.
(June 12, 1930, ch. 469, § 5, 46 Stat. 579.)
## Notes
Editorial Notes
References in TextSections 715l and 715m of this title, referred to in text, were repealed by Pub. L. 89669, § 7(d), Oct. 15, 1966, 80 Stat. 930. See section 668dd(f) and (e) of this title.
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# 16 U.S.C. § 692 - Game sanctuaries or refuges in Ocala National Forest; creation
## Text
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.
(June 28, 1930, ch. 709, § 1, 46 Stat. 827.)
## Notes
Executive Documents
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.
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# 16 U.S.C. § 692a - Hunting, pursuing, capturing, etc., in Ocala National Forest unlawful
## Text
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.
(June 28, 1930, ch. 709, § 2, 46 Stat. 828; June 25, 1948, ch. 645, § 15, 62 Stat. 861.)
## Notes
Editorial Notes
Amendments1948—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.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 20 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
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# 16 U.S.C. § 693 - Game sanctuaries and refuges in Ouachita National Forest
## Text
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.
(June 13, 1933, ch. 63, § 1, 48 Stat. 128.)
## Notes
Executive Documents
Presidential DesignationAreas comprising the Ouachita 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).
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# 16 U.S.C. § 693a - Rules and regulations for administration of Ouachita National Forest; violations; penalties
## Text
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.
(June 13, 1933, ch. 63, § 2, 48 Stat. 128.)
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# 16 U.S.C. § 693b - Robert S. Kerr Memorial Arboretum and Nature Center in Ouachita National Forest; authority to establish
## Text
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.
(Pub. L. 90327, § 1, June 4, 1968, 82 Stat. 169.)
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# 16 U.S.C. § 693c - Administration by Secretary of Agriculture of the Robert S. Kerr Center
## Text
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.
(Pub. L. 90327, § 2, June 4, 1968, 82 Stat. 169.)
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# 16 U.S.C. § 693d - Cooperation with public and private agencies; contributions and gifts for Robert S. Kerr Center
## Text
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.
(Pub. L. 90327, § 3, June 4, 1968, 82 Stat. 169.)
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# 16 U.S.C. § 694 - Fish and game sanctuaries in national forests; establishment by President
## Text
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.
(Mar. 10, 1934, ch. 54, § 1, 48 Stat. 400.)
## Notes
Executive Documents
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, §§ 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. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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# 16 U.S.C. § 694a - Hunting, pursuing, capturing, etc., in sanctuaries in national forests unlawful
## Text
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.
(Mar. 10, 1934, ch. 54, § 2, 48 Stat. 400; June 25, 1948, ch. 645, § 16, 62 Stat. 861.)
## Notes
Editorial Notes
Amendments1948—Act June 25, 1948, struck out penal provisions. See section 41 of Title 18, Crimes and Criminal Procedure.
Statutory Notes and Related Subsidiaries
Effective Date of 1948 AmendmentSection 10 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.
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# 16 U.S.C. § 694b - Rules and regulations for administration of sanctuaries in national forests; jurisdiction of States
## Text
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.
(Mar. 10, 1934, ch. 54, § 3, 48 Stat. 401.)
## Notes
Executive Documents
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, §§ 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. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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# 16 U.S.C. § 695 - Migratory waterfowl and other wildlife refuge in California; participation by State of California
## Text
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.
(May 18, 1948, ch. 303, § 1, 62 Stat. 238.)
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# 16 U.S.C. § 695a - Title in United States of California refuge areas; existence of easements, reservations, etc.; affecting acquisition
## Text
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.
(May 18, 1948, ch. 303, § 2, 62 Stat. 238.)
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# 16 U.S.C. § 695b - Applicability of certain statutes
## Text
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.].
(May 18, 1948, ch. 303, § 3, 62 Stat. 239.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Treaty Act of July 3, 1918, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II of chapter 7 (§ 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. 89669, § 7(d), Oct. 15, 1966, 80 Stat. 930. See section 668d(f) and (e) of this title.
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# 16 U.S.C. § 695c - Availability of funds for construction of dams, buildings, etc., for California refuge
## Text
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.
(May 18, 1948, ch. 303, § 4, 62 Stat. 239.)
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# 16 U.S.C. § 695d - Development of water supplies for waterfowl management in California; reauthorization of Central Valley Project
## Text
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.
(Aug. 27, 1954, ch. 1012, § 1, 68 Stat. 879.)
## Notes
Editorial Notes
References in TextAct 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.
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# 16 U.S.C. § 695e - Construction, operation, and maintenance of water supply development works
## Text
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.
(Aug. 27, 1954, ch. 1012, § 2, 68 Stat. 879.)
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# 16 U.S.C. § 695f - Construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws
## Text
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).
(Aug. 27, 1954, ch. 1012, § 3, 68 Stat. 879.)
## Notes
Editorial Notes
References in TextAct of June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
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# 16 U.S.C. § 695g - Authorization of appropriations
## Text
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 695j1 of this title.
(Aug. 27, 1954, ch. 1012, § 4, 68 Stat. 879.)
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# 16 U.S.C. § 695h - Ownership by State of California of works constructed
## Text
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.
(Aug. 27, 1954, ch. 1012, § 5, 68 Stat. 879.)
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# 16 U.S.C. § 695i - Authorization of Secretary of the Interior to contract for water delivery; nonreimbursable or nonreturnable basis of delivery
## Text
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 695j1 of 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 695j1 of this title, the rights of use of any facilities referred to in subsection (b), and the rights to all water contracted for by the organization or agency pursuant to sections 695d to 695j1 of 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.
(Aug. 27, 1954, ch. 1012, § 6, 68 Stat. 879; Pub. L. 95616, § 10(a), Nov. 8, 1978, 92 Stat. 3115.)
## Notes
Editorial Notes
References in TextThe Federal reclamation laws, referred to in introductory text, are identified in section 695f of this title.
Amendments1978—Pub. L. 95616 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.”
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# 16 U.S.C. § 695j1 - Conformity of contracts with Federal law through negotiation of amendments
## Text
The Secretary is hereby authorized to negotiate amendments to existing contracts to conform said contracts to the provisions of sections 695d to 695j1 of this title.
(Aug. 27, 1954, ch. 1012, § 8, as added Pub. L. 95616, § 10(b), Nov. 8, 1978, 92 Stat. 3115.)
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# 16 U.S.C. § 695j - Conformity of water use with California laws; construction of sections 695d to 695j1
## Text
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 695j1 of this title shall be construed as an allocation of water.
(Aug. 27, 1954, ch. 1012, § 7, 68 Stat. 880.)
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# 16 U.S.C. § 695k - Congressional declaration of policy for preservation of habitat for migratory waterfowl and prevention of depredations on agricultural crops
## Text
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.
(Pub. L. 88567, § 1, Sept. 2, 1964, 78 Stat. 850.)
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# 16 U.S.C. § 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
## Text
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 Marsh, 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.
(Pub. L. 88567, § 2, Sept. 2, 1964, 78 Stat. 850.)
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# 16 U.S.C. § 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
## Text
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.
(Pub. L. 88567, § 3, Sept. 2, 1964, 78 Stat. 850.)
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# 16 U.S.C. § 695n - Leases of Lower Klamath and Tule Lake National Wildlife Refuge reserved lands; management of other reserved public lands for waterfowl purposes
## Text
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.
(Pub. L. 88567, § 4, Sept. 2, 1964, 78 Stat. 851.)
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# 16 U.S.C. § 695o - Limitation on reduction of areas by diking or other construction
## Text
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.
(Pub. L. 88567, § 5, Sept. 2, 1964, 78 Stat. 851.)
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# 16 U.S.C. § 695p - Regulation of waters to maintain sump levels
## Text
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.
(Pub. L. 88567, § 6, Sept. 2, 1964, 78 Stat. 851.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Treaty Act (40 Stat. 755), referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II of chapter 7 (§ 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, which is classified generally to subchapter III (§ 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.
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# 16 U.S.C. § 695q - Research studies on Clear Lake Refuge; report to Congress
## Text
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.
(Pub. L. 88567, § 7, Sept. 2, 1964, 78 Stat. 851.)
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# 16 U.S.C. § 695r - Regulations by Secretary
## Text
The Secretary may prescribe such regulations as may be necessary to carry out the provisions of sections 695k to 695r of this title.
(Pub. L. 88567, § 8, Sept. 2, 1964, 78 Stat. 851.)
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# 16 U.S.C. § 696 - National Key Deer Refuge; establishment; acquisition of property: exchanges, cash equalization payments; administration
## Text
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.
(Pub. L. 85164, § 1, Aug. 22, 1957, 71 Stat. 412; Pub. L. 89669, § 10(a), Oct. 15, 1966, 80 Stat. 930.)
## Notes
Editorial Notes
Amendments1966—Pub. L. 89669 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.
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# 16 U.S.C. § 696a - Acquisition of title to properties for National Key Deer Refuge; rights-of-way and easements
## Text
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.
(Pub. L. 85164, § 2, Aug. 22, 1957, 71 Stat. 412.)
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# 16 U.S.C. § 696b - Authorization of appropriations; limitation
## Text
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.
(Pub. L. 85164, § 3, Aug. 22, 1957, 71 Stat. 413; Pub. L. 89669, § 10(b), Oct. 15, 1966, 80 Stat. 930.)
## Notes
Editorial Notes
Amendments1966—Pub. L. 89669 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.
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# 16 U.S.C. § 698 - Big Thicket National Preserve
## Text
(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 17580008, 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.
(Pub. L. 93439, § 1, Oct. 11, 1974, 88 Stat. 1254; Pub. L. 98489, § 1(a), Oct. 17, 1984, 98 Stat. 2267; Pub. L. 10346, § 2(a), (b), July 1, 1993, 107 Stat. 229, 230; Pub. L. 103437, § 6(a)(6), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104333, div. I, title III, § 306(a)(c), Nov. 12, 1996, 110 Stat. 4132.)
## Notes
Editorial Notes
Amendments1996—Subsec. (d). Pub. L. 104333 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. 103437 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. 10346, § 2(a), substituted “map entitled Big Thicket National Preserve, dated October 1992, and numbered 17580008, 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 NBRBT 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. 10346, § 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), (e). Pub. L. 10346, § 2(b)(2), added subsecs. (d) and (e). 1984—Subsec. (c). Pub. L. 98489 authorized acquisition of acreage for a visitor contact and administrative site outside the boundaries of the preserve.
Statutory Notes and Related Subsidiaries
Short Title of 1993 AmendmentPub. L. 10346, § 1, July 1, 1993, 107 Stat. 229, 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 RequirementPub. L. 104333, div. I, title III, § 306(d), Nov. 12, 1996, 110 Stat. 4132, as amended by Pub. L. 106176, title I, § 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 [now Committee on Natural 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 10346) [see Short Title of 1993 Amendment note above].”
Land ExchangePub. L. 104333, div. I, title III, § 306(e)(g), Nov. 12, 1996, 110 Stat. 4132, as amended by Pub. L. 106176, title I, § 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 DescriptionPub. L. 10346, § 1, July 1, 1993, 107 Stat. 230, 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.”
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# 16 U.S.C. § 698a - Acquisition of property for Big Thicket Preserve
## Text
(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 11 So in original. Probably should be “Committees”. 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.
(Pub. L. 93439, § 2, Oct. 11, 1974, 88 Stat. 1256.)
## Notes
Statutory Notes and Related Subsidiaries
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.
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# 16 U.S.C. § 698b - Right of use and occupancy of improved property on Big Thicket Preserve
## Text
(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 Secretarys 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 owners 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.
(Pub. L. 93439, § 3, Oct. 11, 1974, 88 Stat. 1256; Pub. L. 94578, title III, § 322, Oct. 21, 1976, 90 Stat. 2742.)
## Notes
Editorial Notes
Amendments1976—Subsec. (b). Pub. L. 94578 substituted “detached year-round one-family dwelling which serves as the owners permanent place of abode at the time of acquisition, and” for “detached, one-family dwelling,”.
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# 16 U.S.C. § 698c - Administration of Big Thicket Preserve
## Text
(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 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 14),11 See References in Text note below. 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.
(Pub. L. 93439, § 4, Oct. 11, 1974, 88 Stat. 1257.)
## Notes
Editorial Notes
References in TextThe Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 14), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
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# 16 U.S.C. § 698d - Review of Big Thicket Preserve area by Secretary; report to President
## Text
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.
(Pub. L. 93439, § 5, Oct. 11, 1974, 88 Stat. 1257.)
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# 16 U.S.C. § 698e - Authorization of appropriations for Big Thicket Preserve
## Text
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.
(Pub. L. 93439, § 6, Oct. 11, 1974, 88 Stat. 1257; Pub. L. 98489, § 1(b), Oct. 17, 1984, 98 Stat. 2267; Pub. L. 10346, § 2(d), July 1, 1993, 107 Stat. 231.)
## Notes
Editorial Notes
Amendments1993—Pub. L. 10346 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. 98489 authorized appropriations for acquisition of a visitor contact and administrative site.
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# 16 U.S.C. § 698f - Big Cypress National Preserve; Big Cypress National Preserve Addition
## Text
(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 BC91,001, 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): 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 73131 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 698m4 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 698m4 of this title, without transfer of funds. Nothing in sections 698f to 698m4 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 (2) 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.
(Pub. L. 93440, § 1, Oct. 11, 1974, 88 Stat. 1258; Pub. L. 100301, § 4(a)(e), Apr. 29, 1988, 102 Stat. 444, 445; Pub. L. 108483, § 2, Dec. 23, 2004, 118 Stat. 3920.)
## Notes
Editorial Notes
Amendments2004—Subsec. (d)(3). Pub. L. 108483 substituted “The amount described in paragraph (2)” for “The amount described in paragraph (1)”. 1988—Subsec. (c). Pub. L. 100301, § 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)” before the colon. Pub. L. 100301, § 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. 100301, § 4(c), inserted “or the Addition” after “land within the preserve” and after “property within the preserve” in fourth sentence. Pub. L. 100301, § 4(d), inserted at end “Nothing in sections 698f to 698m4 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. 100301, § 4(a), added subsec. (d).
Statutory Notes and Related Subsidiaries
Short Title of 1988 AmendmentPub. L. 100301, § 1(a), Apr. 29, 1988, 102 Stat. 443, provided that: “This Act [enacting sections 698m1 to 698m4 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 PurposePub. L. 100301, § 2, Apr. 29, 1988, 102 Stat. 443, 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.”
@@ -0,0 +1,51 @@
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# 16 U.S.C. § 698g - Acquisition of lands for Big Cypress Preserve
## Text
(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 73131 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 698m4 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 11 So in original. Probably should be “Committees”. 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 698m4 of this title within six years after October 11, 1974.
(Pub. L. 93440, § 2, Oct. 11, 1974, 88 Stat. 1259.)
## Notes
Statutory Notes and Related Subsidiaries
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.
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# 16 U.S.C. § 698h - Right of use and occupancy of improved property on Big Cypress Preserve and Addition
## Text
(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 698m4 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 Secretarys 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 698m4 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.11 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.
(Pub. L. 93440, § 3, Oct. 11, 1974, 88 Stat. 1259; Pub. L. 100301, § 4(f), Apr. 29, 1988, 102 Stat. 445.)
## Notes
Editorial Notes
Amendments1988—Subsec. (b)(i). Pub. L. 100301, § 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. 100301, § 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. 100301, § 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.
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# 16 U.S.C. § 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
## Text
(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 698m4 of this title and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 14),11 See References in Text note below. 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 698m4 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 22 So in original. Probably should be “preserve”. in a manner consistent with the purposes of sections 698f to 698m4 of this title.
(Pub. L. 93440, § 4, Oct. 11, 1974, 88 Stat. 1260.)
## Notes
Editorial Notes
References in TextThe Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 14), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
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# 16 U.S.C. § 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
## Text
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 698m4 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.
(Pub. L. 93440, § 5, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100301, § 3(b), Apr. 29, 1988, 102 Stat. 444.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100301 inserted “and the Addition” in two places.
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# 16 U.S.C. § 698k - Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes
## Text
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.
(Pub. L. 93440, § 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100301, § 3(d), Apr. 29, 1988, 102 Stat. 444.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100301 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”.
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# 16 U.S.C. § 698l - Review of Big Cypress Preserve area and Addition area by Secretary; report to President
## Text
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.
(Pub. L. 93440, § 7, Oct. 11, 1974, 88 Stat. 1261; Pub. L. 100301, § 3(c), Apr. 29, 1988, 102 Stat. 444.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100301 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.
@@ -0,0 +1,49 @@
---
type: "LegalText"
title: "16 U.S.C. § 698m1"
description: "Big Cypress National Preserve Addition"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "698m1"
citation: "16 U.S.C. § 698m1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
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tags: ["legal", "us-code"]
---
# 16 U.S.C. § 698m1 - Big Cypress National Preserve Addition
## Text
(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 698m4 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 17691000C, 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) 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.
(Pub. L. 93440, § 9, as added Pub. L. 100301, § 3(a), Apr. 29, 1988, 102 Stat. 444.)
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "16 U.S.C. § 698m2"
description: "Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies"
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corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "698m2"
citation: "16 U.S.C. § 698m2"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 16 U.S.C. § 698m2 - Establishment of recreational access points, roads, etc., in conjunction with creation of Big Cypress National Preserve Addition; cooperation among agencies
## Text
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).
(Pub. L. 93440, § 10, as added Pub. L. 100301, § 5, Apr. 29, 1988, 102 Stat. 445.)
@@ -0,0 +1,47 @@
---
type: "LegalText"
title: "16 U.S.C. § 698m3"
description: "Status of Big Cypress National Preserve and Addition; report to Congress; plan"
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corpus: "united_states_code"
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title_number: 16
title_name: "CONSERVATION"
chapter_number: "6"
chapter_name: "GAME AND BIRD PRESERVES; PROTECTION"
section: "698m3"
citation: "16 U.S.C. § 698m3"
status: "current"
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release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 16 U.S.C. § 698m3 - Status of Big Cypress National Preserve and Addition; report to Congress; plan
## Text
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 publics use of the preserve and the status of the access points developed pursuant to section 698m2 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 I75/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.
(Pub. L. 93440, § 11, as added Pub. L. 100301, § 6, Apr. 29, 1988, 102 Stat. 446.)

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