§ 698r. — 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: 16USC698r]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698r. Administration
(a) In general
The Preserve shall be administered by the Secretary in accordance
with sections 698q to 698t of this title and in accordance with the laws
generally applicable to units of the National Park System, including--
(1) sections 1, 2, 3, and 4 of this title; and
(2) sections 461 to 467 of this title.
(b) Hunting and fishing
(1) In general
Subject to paragraphs (2) and (3), the Secretary shall permit
hunting, trapping, and fishing on lands and waters under the
jurisdiction of the Secretary within the Preserve in accordance with
applicable Federal and State laws.
(2) Time and place restrictions
Subject to such terms and conditions as the Secretary considers
necessary in furtherance of sections 698q to 698t of this title, and
after consultation with the Department of Conservation and Natural
Resources of the State of Alabama and owners of lands adjacent to
the Preserve, the Secretary may designate zones where, and establish
periods when, the activities described in paragraph (1) will not be
permitted within the Preserve for reasons of public safety,
administration, fish and wildlife habitat, or public use and
enjoyment.
(3) Restrictions in boundary areas
After consultation with the Department of Conservation and
Natural Resources of the State of Alabama and with the owners of
lands adjacent to the Preserve, the Secretary may restrict hunting
in areas within the Preserve that are adjacent to the boundaries of
the Preserve where the restriction is necessary or appropriate to
protect public safety.
(4) Congressional intent
Nothing in sections 698q to 698t of this title is intended to
affect the jurisdiction or responsibilities of the State of Alabama
with respect to fish and wildlife.
(c) Water resources projects
Subsection (a) of section 1278 of this title shall apply to that
portion of the Little River that flows through the Preserve in the same
manner and to the same extent as such subsection applies to the rivers
referred to in such subsection. The application of such subsection to
the Preserve shall not affect any determination of the value of the
lands, waters, or interests in lands and waters within the boundaries of
the Preserve.
(d) Cooperative agreements with State
(1) Law enforcement and fire prevention
In administering the Preserve, the Secretary may enter into
cooperative agreements with the State of Alabama, or any political
subdivision of the State, for the rendering of--
(A) rescue, fire fighting, and law enforcement services; and
(B) cooperative assistance by law enforcement and fire
preventive agencies located in the vicinity of the Preserve.
(2) Preparation of management plan
To facilitate the purposes of this section, the Secretary may
enter into cooperative agreements with the State of Alabama and
directly affected political subdivisions of the State to provide
professional assistance in the preparation of the management plan
for the Preserve.
(e) DeSoto State Park
If lands within DeSoto State Park are acquired by the Secretary, at
the request of the Department of Conservation and Natural Resources of
the State of Alabama, the Secretary shall enter into a cooperative
agreement with the Department for the continued management by the
Department of the lodge and other facilities that, as of October 21,
1992, are part of DeSoto State Park. The cooperative agreement shall
provide for the management and operation of the lodge and facilities in
a manner that, to the maximum extent practicable, is consistent with
similar operations elsewhere in the National Park System.
(f) Public involvement
(1) Public awareness and participation program
The Secretary shall develop and conduct a program to promote and
encourage awareness of and participation in the development of the
general management plan for the Preserve by persons owning property
in the vicinity of the Preserve, other interested groups and
individuals, State, county, and municipal agencies, and the general
public. Prior to final approval of the plan, the Secretary shall
hold public meetings in DeKalb and Cherokee Counties.
(2) Consideration of public comment
In preparing and implementing the plan described in paragraph
(1), the Secretary shall give full consideration to the views and
comments of the individuals, groups, and agencies described in
paragraph (1).
(g) Green Pitcher Plant
Upon the transfer by Alabama Power Company to the United States of
any lands within the boundaries of the Preserve that contain the Green
Pitcher Plant (Sarracenia oreophila), all rights and obligations of
Alabama Power Company under the agreement entered into between the
company and the Department of the Interior (including the United States
Fish and Wildlife Service) on May 12, 1983, in settlement of the action
brought on September 24, 1980, against the Secretary and the Director of
the Fish and Wildlife Service in the United States District Court for
the Northern District of Alabama (Civil Action No. CV 80-C-1242-M),
shall be extinguished.
(Pub. L. 102-427, Sec. 3, Oct. 21, 1992, 106 Stat. 2179.)
Section Referred to in Other Sections
This section is referred to in sections 698q, 698s, 698t of this
title.
