§ 410hhh-5. — Administration of national park and preserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410hhh-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-FF--GREAT SAND DUNES NATIONAL PARK AND PRESERVE
Sec. 410hhh-5. Administration of national park and preserve
(a) In general
The Secretary shall administer the national park and the preserve in
accordance with--
(1) this subchapter; and
(2) all laws generally applicable to units of the National Park
System, including--
(A) sections 1, 2, 3, and 4 of this title; and
(B) sections 461 to 467 of this title.
(b) Grazing
(1) Acquired State or private land
With respect to former State or private land on which grazing is
authorized to occur on November 22, 2000, and which is acquired for
the national monument, or the national park and preserve, or the
wildlife refuge, the Secretary, in consultation with the lessee, may
permit the continuation of grazing on the land by the lessee at the
time of acquisition, subject to applicable law (including
regulations).
(2) Federal land
Where grazing is permitted on land that is Federal land as of
November 22, 2000, and that is located within the boundaries of the
national monument or the national park and preserve, the Secretary
is authorized to permit the continuation of such grazing activities
unless the Secretary determines that grazing would harm the
resources or values of the national park or the preserve.
(3) Termination of leases
Nothing in this subsection shall prohibit the Secretary from
accepting the voluntary termination of leases or permits for grazing
within the national monument or the national park or the preserve.
(c) Hunting, fishing, and trapping
(1) In general
Except as provided in paragraph (2), the Secretary shall permit
hunting, fishing, and trapping on land and water within the preserve
in accordance with applicable Federal and State laws.
(2) Administrative exceptions
The Secretary may designate areas where, and establish limited
periods when, no hunting, fishing, or trapping shall be permitted
under paragraph (1) for reasons of public safety, administration, or
compliance with applicable law.
(3) Agency agreement
Except in an emergency, regulations closing areas within the
preserve to hunting, fishing, or trapping under this subsection
shall be made in consultation with the appropriate agency of the
State of Colorado having responsibility for fish and wildlife
administration.
(4) Savings clause
Nothing in this subchapter affects any jurisdiction or
responsibility of the State of Colorado with respect to fish and
wildlife on Federal land and water covered by this subchapter.
(d) Closed Basin Division, San Luis Valley Project
Any feature of the Closed Basin Division, San Luis Valley Project,
located within the boundaries of the national monument, national park or
the national wildlife refuge, including any well, pump, road, easement,
pipeline, canal, ditch, power line, power supply facility, or any other
project facility, and the operation, maintenance, repair, and
replacement of such a feature--
(1) shall not be affected by this subchapter; and
(2) shall continue to be the responsibility of, and be operated
by, the Bureau of Reclamation in accordance with title I of the
Reclamation Project Authorization Act of 1972 (43 U.S.C. 615aaa et
seq.).\1\
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\1\ See References in Text note below.
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(e) Withdrawal
(1) On November 22, 2000, subject to valid existing rights, all
Federal land depicted on the map as being located within Zone A, or
within the boundaries of the national monument, the national park or the
preserve is withdrawn from--
(A) all forms of entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing.
(2) The provisions of this subsection also shall apply to any
lands--
(A) acquired under this subchapter; or
(B) transferred from any Federal agency after November 22, 2000,
for the national monument, the national park or preserve, or the
national wildlife refuge.
(f) Wilderness protection
(1) Nothing in this subchapter alters the Wilderness designation of
any land within the national monument, the national park, or the
preserve.
(2) All areas designated as Wilderness that are transferred to the
administrative jurisdiction of the National Park Service shall remain
subject to the Wilderness Act (16 U.S.C. 1131 et seq.) and the Colorado
Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C. 539i note). If any
part of this subchapter conflicts with the provisions of the Wilderness
Act or the Colorado Wilderness Act of 1993 with respect to the
wilderness areas within the preserve boundaries, the provisions of those
Acts shall control.
(Pub. L. 106-530, Sec. 7, Nov. 22, 2000, 114 Stat. 2530.)
References in Text
The Reclamation Project Authorization Act of 1972, referred to in
subsec. (d)(2), is Pub. L. 92-514, Oct. 20, 1972, 86 Stat. 964, as
amended. Title I of the Act was classified generally to subchapter XXXI
(Sec. 615aaa et seq.) of chapter 12 of Title 43, Public Lands, prior to
its omission from the Code. See Codification notes under sections 615aaa
to 615iii of Title 43.
The public land laws, referred to in subsec. (e)(1)(A), are
classified generally to Title 43, Public Lands.
The mining laws, referred to in subsec. (e)(1)(B), are classified
generally to Title 30, Mineral Lands and Mining.
The mineral leasing laws, referred to in subsec. (e)(1)(C), are
classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (e)(1)(C), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30,
Mineral Lands and Mining.
The Wilderness Act, referred to in subsec. (f)(2), is Pub. L. 88-
577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
generally to chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1131 of this title and Tables.
The Colorado Wilderness Act of 1993, referred to in subsec. (f)(2),
is Pub. L. 103-77, Aug. 13, 1993, 107 Stat. 756. For complete
classification of this Act to the Code, see Short Title note set out
under section 539i of this title and Tables.
