§ 460iii-5. — Other laws and administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460iii-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXX--SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA
Sec. 460iii-5. Other laws and administrative provisions
(a) Other laws
(1) Nothing in this subchapter shall be construed to supersede,
limit, or otherwise affect administration and enforcement of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or to limit the
applicability of the National Trails System Act [16 U.S.C. 1241 et seq.]
to any lands within the conservation area.
(2) Except as otherwise specifically provided in this subchapter,
nothing in this subchapter shall be construed as limiting the
applicability to lands in the conservation area of laws applicable to
public lands generally, including but not limited to the National
Historic Preservation Act [16 U.S.C. 470 et seq.], the Archaeological
Resources Protection Act of 1979 [16 U.S.C. 470aa et seq.], or the
Native American Graves Protection and Repatriation Act [25 U.S.C. 3001
et seq.].
(3) Nothing in this subchapter shall be construed as by itself
altering the status of any lands that on August 4, 1993, were not
managed by the Bureau of Land Management.
(4) Nothing in this subchapter shall be construed as prohibiting the
Secretary from engaging qualified persons to use public lands within the
conservation area for the propagation of plants (including seeds) to be
used for vegetative enhancement of the conservation area in accordance
with the plan and in furtherance of the purposes for which the
conservation area is established.
(b) Release
The Congress finds and directs that the public lands within the
Snake River Birds of Prey Natural Area established as a natural area in
October 1971 by Public Land Order 5133 have been adequately studied and
found unsuitable for wilderness designation pursuant to section 1782 of
title 43. Such lands are hereby released from further management
pursuant to section 1782(c) of title 43 and shall be managed in
accordance with other applicable provisions of law, including this
subchapter.
(c) Existing administrative withdrawal terminated
Public Land Orders 5133 dated October 12, 1971, and 5777 dated
November 21, 1980, issued by the Secretary are hereby revoked subject to
subsections (d)(3) and (d)(4) of this section.
(d) Water
(1) The Congress finds that the United States is currently a party
in an adjudication of rights to waters of the Snake River, including
water rights claimed by the United States on the basis of the
reservation of lands for purposes of conservation of fish and wildlife
and that consequently there is no need for this subchapter to effect a
reservation by the United States of rights with respect to such waters
in order to fulfill the purposes for which the conservation area is
established.
(2) Nothing in this subchapter or any action taken pursuant thereto
shall constitute either an expressed or implied reservation of water or
water rights for any purpose.
(3) Nothing in this subchapter shall be construed as effecting a
relinquishment or reduction of any of the water rights held or claimed
by the United States within the State of Idaho or elsewhere on or before
August 4, 1993.
(4) The Secretary and all other officers of the United States shall
take all steps necessary to protect all water rights claimed by the
United States in the Snake River adjudication now pending in the
district court of the State of Idaho in which the United States is
joined under section 666 of title 43.
(Pub. L. 103-64, Sec. 6, Aug. 4, 1993, 107 Stat. 308.)
References in Text
The Endangered Species Act of 1973, referred to in subsec. (a)(1),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
The National Trails System Act, referred to in subsec. (a)(1), is
Pub. L. 90-543, Oct. 2, 1968, 82 Stat. 919, as amended, which is
classified generally to chapter 27 (Sec. 1241 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1241 of this title and Tables.
The National Historic Preservation Act, referred to in subsec.
(a)(2), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.) of
chapter 1A of this title. For complete classification of this Act to the
Code, see section 470 of this title and Tables.
The Archaeological Resources Protection Act of 1979, referred to in
subsec. (a)(2), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, which is
classified generally to chapter 1B (Sec. 470aa et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 470aa of this title and Tables.
The Native American Graves Protection and Repatriation Act, referred
to in subsec. (a)(2), is Pub. L. 101-601, Nov. 16, 1990, 104 Stat. 3048,
which is classified principally to chapter 32 (Sec. 3001 et seq.) of
Title 25, Indians. For complete classification of this Act to the Code,
see Short Title note set out under section 3001 of Title 25 and Tables.
