§ 670h. — Comprehensive plans for conservation and rehabilitation programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC670h]
TITLE 16--CONSERVATION
CHAPTER 5C--CONSERVATION PROGRAMS ON GOVERNMENT LANDS
SUBCHAPTER II--CONSERVATION PROGRAMS ON PUBLIC LANDS
Sec. 670h. Comprehensive plans for conservation and
rehabilitation programs
(a) Development by Secretary of the Interior and Secretary of
Agriculture; consultation with State agencies; prior written
approval of concerned Federal agencies
(1) The Secretary of the Interior shall develop, in consultation
with the State agencies, a comprehensive plan for conservation and
rehabilitation programs to be implemented on public land under his
jurisdiction and the Secretary of Agriculture shall do the same in
connection with public land under his jurisdiction.
(2) The Secretary of the Interior shall develop, with the prior
written approval of the Atomic Energy Commission, a comprehensive plan
for conservation and rehabilitation programs to be implemented on public
land under the jurisdiction of the Chairman and develop, with the prior
written approval of the Administrator, a comprehensive plan for such
programs to be implemented on public land under the jurisdiction of the
Administrator. Each such plan shall be developed after the Secretary of
the Interior makes, with the prior written approval of the Chairman or
the Administrator, as the case may be, and in consultation with the
State agencies, necessary studies and surveys of the land concerned to
determine where conservation and rehabilitation programs are most
needed.
(b) Development consistent with overall land use and management plans;
hunting, trapping, and fishing authorized in accordance with
applicable State laws and regulations
Each comprehensive plan developed pursuant to this section shall be
consistent with any overall land use and management plans for the lands
involved. In any case in which hunting, trapping, or fishing (or any
combination thereof) of resident fish and wildlife is to be permitted on
public land under a comprehensive plan, such hunting, trapping, and
fishing shall be conducted in accordance with applicable laws and
regulations of the State in which such land is located.
(c) Cooperative agreements by State agencies for implementation of
programs; modifications; contents; hunting, trapping and fishing
authorized in accordance with applicable State laws and
regulations; regulations
(1) Each State agency may enter into a cooperative agreement with--
(A) the Secretary of the Interior with respect to those
conservation and rehabilitation programs to be implemented under
this subchapter within the State on public land which is under his
jurisdiction;
(B) the Secretary of Agriculture with respect to those
conservation and rehabilitation programs to be implemented under
this subchapter within the State on public land which is under his
jurisdiction; and
(C) the Secretary of the Interior and the Chairman or the
Administrator, as the case may be, with respect to those
conservation and rehabilitation programs to be implemented under
this subchapter within the State on public land under the
jurisdiction of the Chairman or the Administrator; except that
before entering into any cooperative agreement which affects public
land under the jurisdiction of the Chairman, the Secretary of the
Interior shall obtain the prior written approval of the Atomic
Energy Commission and before entering into any cooperative agreement
which affects public lands under the jurisdiction of the
Administrator, the Secretary of the Interior shall obtain the prior
written approval of the Administrator.
Conservation and rehabilitation programs developed and implemented
pursuant to this subchapter shall be deemed as supplemental to wildlife,
fish, and game-related programs conducted by the Secretary of the
Interior and the Secretary of Agriculture pursuant to other provisions
of law. Nothing in this subchapter shall be construed as limiting the
authority of the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, to manage the national forests or other
public lands for wildlife and fish and other purposes in accordance with
the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C.
528-531) or other applicable authority.
(2) Any conservation and rehabilitation program included within a
cooperative agreement entered into under this subsection may be modified
in a manner mutually agreeable to the State agency and the Secretary
concerned (and the Chairman or the Administrator, as the case may be, if
public land under his jurisdiction is involved). Before modifying any
cooperative agreement which affects public land under the jurisdiction
of the Chairman, the Secretary of the Interior shall obtain the prior
written approval of the Atomic Energy Commission and before modifying
any cooperative agreement which affects public land under the
jurisdiction of the Administrator, the Secretary of the Interior shall
obtain the prior written approval of the Administrator.
(3) Each cooperative agreement entered into under this subsection
shall--
(A) specify those areas of public land within the State on which
conservation and rehabilitation programs will be implemented;
(B) provide for fish and wildlife habitat improvements or
modifications, or both;
(C) provide for range rehabilitation where necessary for support
of wildlife;
(D) provide adequate protection for fish and wildlife officially
classified as threatened or endangered pursuant to section 1533 of
this title or considered to be threatened, rare, or endangered by
the State agency;
(E) require the control of off-road vehicle traffic;
(F) if the issuance of public land area management stamps is
agreed to pursuant to section 670i(a) of this title--
(i) contain such terms and conditions as are required under
section 670i(b) of this title;
(ii) require the maintenance of accurate records and the
filing of annual reports by the State agency to the Secretary of
the Interior or the Secretary of Agriculture, or both, as the
case may be, setting forth the amount and disposition of the
fees collected for such stamps; and
(iii) authorize the Secretary concerned and the Comptroller
General of the United States, or their authorized
representatives, to have access to such records for purposes of
audit and examination; and
(G) contain such other terms and conditions as the Secretary
concerned and the State agency deem necessary and appropriate to
carry out the purposes of this subchapter.
A cooperative agreement may also provide for arrangements under which
the Secretary concerned may authorize officers and employees of the
State agency to enforce, or to assist in the enforcement of, section
670j(a) of this title.
(4) Except where limited under a comprehensive plan or pursuant to
cooperate agreement, hunting, fishing, and trapping shall be permitted
with respect to resident fish and wildlife in accordance with applicable
laws and regulations of the State in which such land is located on
public land which is the subject of a conservation and rehabilitation
program implemented under this subchapter.
(5) The Secretary of the Interior and the Secretary of Agriculture,
as the case may be, shall prescribe such regulations as are deemed
necessary to control, in a manner consistent with the applicable
comprehensive plan and cooperative agreement, the public use of public
land which is the subject of any conservation and rehabilitation program
implemented by him under this subchapter.
(d) State agency agreements not cooperative agreements under other
provisions
Agreements entered into by State agencies under the authority of
this section shall not be deemed to be, or treated as, cooperative
agreements to which chapter 63 of title 31 applies.
(Pub. L. 86-797, title II, Sec. 202, as added Pub. L. 93-452, Sec. 2,
Oct. 18, 1974, 88 Stat. 1369; amended Pub. L. 97-396, Sec. 4, Dec. 31,
1982, 96 Stat. 2005.)
References in Text
The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec.
(c)(1), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended,
which is classified generally to sections 528 to 531 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 528 of this title and Tables.
Codification
In subsec. (d), ``chapter 63 of title 31'' substituted for ``the
Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et
seq.)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Amendments
1982--Subsec. (d). Pub. L. 97-396 added subsec. (d).
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Section Referred to in Other Sections
This section is referred to in sections 670g, 670j, 670o of this
title.
