§ 698v-7. — Authorities of the Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698v-7]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-7. Authorities of the Secretary
(a) In general
Notwithstanding the assumption of management of the Preserve by the
Trust, the Secretary is authorized to--
(1) issue any rights-of-way, as defined in the Federal Land
Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.], of over
10 years duration, in cooperation with the Trust, including, but not
limited to, road and utility rights-of-way, and communication sites;
(2) issue orders under and enforce prohibitions generally
applicable on other units of the National Forest System, in
cooperation with the Trust;
(3) exercise the authorities of the Secretary under the Wild and
Scenic Rivers Act (16 U.S.C. 1278, et seq.) and the Federal Power
Act (16 U.S.C. 797, et seq.), in cooperation with the Trust;
(4) acquire the mineral rights referred to in section 698v-2(e)
of this title;
(5) provide law enforcement and fire management services under
section 698v-6(g) of this title;
(6) at the request of the Trust, exchange land or interests in
land within the Preserve under laws generally applicable to other
units of the National Forest System, or otherwise dispose of land or
interests in land within the Preserve under sections 521c through
521i of this title;
(7) in consultation with the Trust, refer civil and criminal
cases pertaining to the Preserve to the Department of Justice for
prosecution;
(8) retain title to and control over fossils and archaeological
artifacts found within the Preserve;
(9) at the request of the Trust, construct and operate a
visitors' center in or near the Preserve, subject to the
availability of appropriated funds;
(10) conduct the assessment of the Trust's performance, and, if
the Secretary determines it necessary, recommend to Congress the
termination of the Trust, under section 698v-8(b)(2) of this title;
and
(11) conduct such other activities for which express
authorization is provided to the Secretary by sections 698v to 698v-
10 of this title.
(b) Interim management
(1) In general
The Secretary shall manage the Preserve in accordance with
sections 698v to 698v-10 of this title during the interim period
from the date of acquisition of the Baca ranch under section 698v-
2(a) of this title to the date of assumption of management of the
Preserve by the Trust under section 698v-6 of this title. The
Secretary may enter into any agreement, lease, contract, or other
arrangement on the same basis as the Trust under section 698v-
6(c)(1) of this title: Provided, That any agreement, lease,
contract, or other arrangement entered into by the Secretary shall
not exceed two years in duration unless expressly extended by the
Trust upon its assumption of management of the Preserve.
(2) Use of the fund
All monies received by the Secretary from the management of the
Preserve during the interim period under paragraph (1) shall be
deposited into the ``Valles Caldera Fund'' established under section
698v-4(h)(2) of this title, and such monies in the fund shall be
available to the Secretary, without further appropriation, for the
purpose of managing the Preserve in accordance with the
responsibilities and authorities provided to the Trust under section
698v-6 of this title.
(c) Secretarial authority
The Secretary retains the authority to suspend any decision of the
Board with respect to the management of the Preserve if he finds that
the decision is clearly inconsistent with sections 698v to 698v-10 of
this title. Such authority shall only be exercised personally by the
Secretary, and may not be delegated. Any exercise of this authority
shall be in writing to the Board, and notification of the decision shall
be given to the Committees of Congress. Any suspended decision shall be
referred back to the Board for reconsideration.
(d) Access
The Secretary shall at all times have access to the Preserve for
administrative purposes.
(Pub. L. 106-248, title I, Sec. 109, July 25, 2000, 114 Stat. 610.)
References in Text
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (a)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701 et
seq.) of Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
The Wild and Scenic Rivers Act, referred to in subsec. (a)(3), is
Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, as amended, which is
classified generally to chapter 28 (Sec. 1271 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1271 of this title and Tables.
The Federal Power Act, referred to in subsec. (a)(3), is act June
10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-3, 698v-
4, 698v-6, 698v-8, 698v-9, 698v-10 of this title.
