§ 410mm-1. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410mm-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-K--GREAT BASIN NATIONAL PARK
Sec. 410mm-1. Administration
(a) Laws governing; conservation and protection of resources
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the national park system, including sections 1, 2, 3, and 4 of this
title. The Secretary shall protect, manage, and administer the park in
such manner as to conserve and protect the scenery, the natural,
geologic, historic, and archaeological resources of the park, including
fish and wildlife and to provide for the public use and enjoyment of the
same in such a manner as to perpetuate these qualities for future
generations.
(b) Fishing
The Secretary shall permit fishing on lands and waters under his
jurisdiction within the park in accordance with the applicable laws of
the United States and the State of Nevada, except that he may designate
zones where, and periods when, no fishing may be permitted for reasons
of public safety. Except in emergencies, any regulations prescribing
such restrictions relating to fishing, shall be put into effect only
after consultation with the appropriate State agency having jurisdiction
over fishing activities.
(c) Preparation of management plan; submission to Congress; amendment of
plan
After notice and opportunity for public hearing, the Secretary shall
prepare a management plan for the park. The Secretary shall submit such
plan to the Committee on Interior and Insular Affairs of the United
States House of Representatives and with the Committee on Energy and
Natural Resources of the United States Senate within three years after
October 27, 1986. Such plan may be amended from time to time. The plan
shall include, but not be limited to, provisions related to grazing
within the park to the extent permitted under subsection (e) of this
section and provisions providing for the appropriate management of fish
and wildlife and fishing within the park in accordance with subsection
(b) of this section. Such provisions shall be adopted only after
consultation with the appropriate State agency having jurisdiction over
fish and wildlife.
(d) Withdrawal of lands from mining and mineral leasing
Subject to valid existing rights, Federal lands and interests
therein, within the park, are withdrawn from disposition under the
public lands laws and from entry or appropriation under the mining laws
of the United States, from the operation of the mineral leasing laws of
the United States, and from operation of the Geothermal Steam Act of
1970, as amended [30 U.S.C. 1001 et seq.].
(e) Grazing
Subject to such limitations, conditions, or regulations as he may
prescribe, the Secretary may permit grazing on lands within the park to
the same extent as was permitted on such lands as of July 1, 1985.
Grazing within the park shall be administered by the National Park
Service.
(f) Exchange of park grazing allotment for grazing allotment outside
park
(1) Exchanges
At the request of the permittee, or at the initiative of the
Secretary, negotiations may take place at any time with holders of
valid existing grazing permits and grazing leases on land within the
park, for an exchange of all or part of their grazing allotments for
allotments outside the park. No such exchange shall take place if,
in the opinion of the affected Federal land management agency, the
exchange would result in overgrazing of Federal lands.
(2) Acquisition by donation
(A) In general
The Secretary may acquire by donation valid existing permits
and grazing leases authorizing grazing on land in the park.
(B) Termination
The Secretary shall terminate a grazing permit or grazing
lease acquired under subparagraph (A) so as to end grazing
previously authorized by the permit or lease.
(g) Water-related range improvements
Existing water-related range improvements inside the park may be
maintained by the Secretary or the persons benefitting from them,
subject to reasonable regulation by the Secretary.
(h) Reservation to United States of new express or implied water or
water-related right not established; exception
Nothing in this subchapter shall be construed to establish a new
express or implied reservation to the United States of any water or
water-related right with respect to the land described in section 410mm
of this title: Provided, That the United States shall be entitled to
only that express or implied reserved water right which may have been
associated with the initial establishment and withdrawal of Humboldt
National Forest and the Lehman Caves National Monument from the public
domain with respect to the land described in section 410mm of this
title. No provision of this subchapter shall be construed as authorizing
the appropriation of water, except in accordance with the substantive
and procedural law of the State of Nevada.
(i) Cooperative agreements with Federal and other agencies;
interpretation of Great Basin physiographic region
In order to encourage unified and cost-effective interpretation of
the Great Basin physiographic region, the Secretary is authorized and
encouraged to enter into cooperative agreements with other Federal,
State, and local public departments and agencies providing for the
interpretation of the Great Basin physiographic region. Such agreements
shall include, but not be limited to, authority for the Secretary to
develop and operate interpretive facilities and programs on lands and
waters outside of the boundaries of such park, with the concurrence of
the owner or administrator thereof.
(Pub. L. 99-565, Sec. 3, Oct. 27, 1986, 100 Stat. 3182; Pub. L. 104-134,
title I, Sec. 101(c) [title III, Sec. 319], Apr. 26, 1996, 110 Stat.
1321-156, 1321-203; renumbered title I, Pub. L. 104-140, Sec. 1(a), May
2, 1996, 110 Stat. 1327.)
References in Text
The public lands laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
The mining laws and the mineral leasing laws of the United States,
referred to in subsec. (d), are classified generally to Title 30,
Mineral Lands and Mining.
The Geothermal Steam Act of 1970, as amended, referred to in subsec.
(d), is Pub. L. 91-581, Dec. 24, 1970, 84 Stat. 1566, which is
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 30 and Tables.
Amendments
1996--Subsec. (e). Pub. L. 104-134, Sec. 101(c) [title III,
Sec. 319(1)], substituted ``may permit'' for ``shall permit'' in first
sentence.
Subsec. (f). Pub. L. 104-134, Sec. 101(c) [title III, Sec. 319(2)],
designated existing provisions as par. (1), inserted heading,
substituted ``grazing permits and grazing leases'' for ``grazing
permits'', and added par. (2).
Change of Name
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. Committee on Natural Resources of House of
Representatives treated as referring to Committee on Resources of House
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
