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16 U.S.C. § 460iii–3 — Management and use

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460iii–3 — Management and use

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Source location: Title 16, Chapter 1, § 460iii–3; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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**(a) In general** (1) (A) Within 1 year after August 4, 1993, the Secretary shall make any revisions in the existing management plan for the conservation area as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new management plan for the conservation area. (B) Thereafter, the Secretary shall review the plan at least once every 5 years and shall make such revisions as may be necessary or appropriate. (C) In reviewing and revising the plan, the Secretary shall provide for appropriate public participation. (2) Except as otherwise specifically provided in [section 460iii–2(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii–2/d&num=0&edition=prelim) and subsections (d), (e), and (f) of this section, the Secretary shall allow only such uses of lands in the conservation area as the Secretary determines will further the purposes for which the conservation area is established. **(b) Management guidance** After each review pursuant to subsection (a), the Secretary shall make such revisions as may be needed so that the plan and management program to implement the plan include, in addition to any other necessary or appropriate provisions, provisions for— (1) protection for the raptor populations and habitats and the scientific, cultural, and educational resources and values of the public lands in the conservation area; (2) identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1) of this subsection; (3) public use of the conservation area consistent with the purposes of this subchapter; (4) interpretive and educational opportunities for the public; (5) a program for continued scientific investigation and study to provide information to support sound management in accordance with this subchapter, to advance knowledge of raptor species and the resources and values of the conservation area, and to provide a process for transferring to other areas of the public lands and elsewhere this knowledge and management experience; (6) such vegetative enhancement and other measures as may be necessary to restore or enhance prey habitat; (7) the identification of levels, types, timing, and terms and conditions for the allowable nonmilitary uses of lands within the conservation area that will be compatible with the protection, maintenance, and enhancement of raptor populations and habitats and the other purposes for which the conservation area is established; and (8) assessing the desirability of imposing appropriate fees for public uses (including, but not limited to, recreational use) of lands in the conservation area, which are not now subject to fees, to be used to further the purposes for which the conservation area is established. **(c) Visitors center** The Secretary, acting through the Director of the Bureau of Land Management, is authorized to establish, in cooperation with other public or private entities as the Secretary may deem appropriate, a visitors center designed to interpret the history and the geological, ecological, natural, cultural, and other resources of the conservation area and the biology of the raptors and their relationships to man. **(d) Visitors use of area** In addition to the visitors center, the Secretary may provide for visitor use of the public lands in the conservation area to such extent and in such manner as the Secretary considers consistent with the protection of raptors and raptor habitat, public safety, and the purposes for which the conservation area is established. To the extent practicable, the Secretary shall make available to visitors and other members of the public a map of the conservation area and such other educational and interpretive materials as may be appropriate. **(e) National Guard use of area** (1) Pending completion of the ongoing research concerning military use of lands in the conservation area, or until the date 5 years after August 4, 1993, whichever is the shorter period, the Secretary shall permit continued military use of those portions of the conservation area known as the Orchard Training Area in accordance with the Memorandum of Understanding, to the extent consistent with the use levels identified pursuant to subsection (b)(2) of this section. (2) Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall review the management plan and make such additional revisions therein as may be required to assure that it meets the requirements of this subchapter. (3) Upon completion of the ongoing research concerning military use of lands in the conservation area, the Secretary shall submit to the Committees on Natural Resources and Merchant Marine and Fisheries of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the results of such research. (4) Nothing in this subchapter shall preclude minor adjustment of the boundaries of the Orchard Training Area in accordance with provisions of the Memorandum of Understanding. (5) After completion of the ongoing research concerning military use of lands in the Orchard Training Area or after the date 5 years after August 4, 1993, whichever first occurs, the Secretary shall continue to permit military use of such lands, unless the Secretary, on the basis of such research, determines such use is not compatible with the purposes set forth in [section 460iii–2(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii–2/a/2&num=0&edition=prelim). Any such use thereafter shall be permitted in accordance with the Memorandum of Understanding, which may be extended or renewed by the Secretary so long as such use continues to meet the requirements of subsection (b)(2) of this section. (6) In accordance with the Memorandum of Understanding, the Secretary shall require the State of Idaho Military Division to insure that military units involved maintain a program of decontamination. (7) Nothing in this subchapter shall be construed as by itself precluding the extension or renewal of the Memorandum of Understanding, or the construction of any improvements or buildings in the Orchard Training Area so long as the requirements of this subsection are met. **(f) Livestock grazing** (1) So long as the Secretary determines that domestic livestock grazing is compatible with the purposes for which the conservation area is established, the Secretary shall permit such use of public lands within the conservation area, to the extent such use of such lands is compatible with such purposes. Determinations as to compatibility shall be made in connection with the initial revision of management plans for the conservation area and in connection with each plan review required by subsection (a)(1)(B). (2) Any livestock grazing on public lands within the conservation area, and activities the Secretary determines necessary to carry out proper and practical grazing management programs on such lands (such as animal damage control activities) shall be managed in accordance with the Act of June 28, 1934 ([43 U.S.C. 315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim) et seq.; commonly referred to as the “Taylor Grazing Act”), [section 1752 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1752&num=0&edition=prelim), other laws applicable to such use and programs on the public lands, and the management plan for the conservation area. **(g) Cooperative agreements** The Secretary is authorized to provide technical assistance to, and to enter into such cooperative agreements and contracts with, the State of Idaho and with local governments and private entities as the Secretary deems necessary or desirable to carry out the purposes and policies of this subchapter. **(h) Agricultural practices** Nothing in this subchapter shall be construed as constituting a grant of authority to the Secretary to restrict recognized agricultural practices or other activities on private land adjacent to or within the conservation area boundary. **(i) Hydroelectric facilities** Notwithstanding any provision of this subchapter, or regulations and management plans undertaken pursuant to its provisions, the Federal Energy Regulatory Commission shall retain its current jurisdiction concerning all aspects of the continued and future operation of hydroelectric facilities, licensed or relicensed under the Federal Power Act ([16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), located within the boundaries of the conservation area.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 791a — Short title

This chapter may be cited as the “Federal Power Act”.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 315 — Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights

In order to promote the highest use of the public lands pending its final disposal, the Secretary of the Interior is authorized, in his discretion, by order to establish grazing districts or additions thereto and/or to modify the boundaries thereof, of vacant, unappropriated, and unreserved lands from any part of the public domain of the United States (exclusive of Alaska), which are not in national forests, national parks and monuments, Indian reservations, revested Oregon and California Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided, That no lands withdrawn or reserved for any other purpose shall be included in any such district except with the approval of the head of the department having jurisdiction thereof. Nothing in this subchapter shall be construed in any way to diminish, restrict, or impair any right which has been heretofore or may be hereafter initiated under existing law validly affecting the public lands, and which is maintained pursuant to such law except as otherwise expressly provided in this subchapter nor to affect any land heretofore or hereafter surveyed which, except for the provisions of this subchapter, would be a part of any grant to any State, nor as limiting or restricting the power or authority of any State as to matters within its jurisdiction. Whenever any grazing district is established pursuant to this subchapter, the Secretary shall grant to owners of land adjacent to such district, upon application of any such owner, such rights-of-way over the lands included in such district for stock-driving purposes as may be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 21 — Oath of Senators

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1752 — Grazing leases and permits

**(a) Terms and conditions** Except as provided in subsection (b) of this section, permits and leases for domestic livestock grazing on public lands issued by the Secretary under the Act of June 28, 1934 (48 Stat. 1269, as amended; [43 U.S.C. 315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim) et seq.) or the Act of August 28, 1937 (50 Stat. 874, as amended; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. or by the Secretary of Agriculture, with respect to lands within National Forests in the sixteen contiguous Western States, shall be for a term of ten years subject to such terms and conditions the Secretary concerned deems appropriate and consistent with the governing law, including, but not limited to, the authority of the Secretary concerned to cancel, suspend, or modify a grazing permit or lease, in whole or in part, pursuant to the terms and conditions thereof, or to cancel or suspend a grazing permit or lease for any violation of a grazing regulation or of any term or condition of such grazing permit or lease. **(b) Terms of lesser duration** Permits or leases may be issued by the Secretary concerned for a period shorter than ten years where the Secretary concerned determines that— (1) the land is pending disposal; or (2) the land will be devoted to a public purpose prior to the end of ten years; or (3) it will be in the best interest of sound land management to specify a shorter term: Provided, That the absence from an allotment management plan of details the Secretary concerned would like to include but which are undeveloped shall not be the basis for establishing a term shorter tha

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 791a — Short title

Page 1364 TITLE 16—CONSERVATION § 791 Sec. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided that: ‘‘Congress finds that— ‘‘(1) the hydropower industry currently employs ap- proximately 300,000 workers across the United States; ‘‘(2) hydropower is the largest source of clean, re- newable electricity in the United States; ‘‘(3) as of the date of enactment of this Act [Aug. 9, 2013], hydropower resources, including pumped stor- age facilities, provide— ‘‘(A) nearly 7 percent of the electricity generated in the United States; and ‘‘(B) approximately 100,000 megawatts of electric capacity in the United States; ‘‘(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to non- powered dams; and ‘‘(5) according to one study, by utilizing currently untapped resources, the United States could add ap- proximately 60,000 megawatts of new hydropower ca- pacity by 2025, which could create 700,000 new jobs over the next 13 years.’’ SUBCHAPTER I—REGULATION OF THE DE- VELOPMENT OF WATER POWER AND RE- SOURCES Statutory Notes and Related Subsidiaries CODIFICATION; CONSTRUCTION Act Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847, provided that sections 1 to 29 of the Federal Water Power Act, as amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to 823 of this title) shall constitute part I of the act. Said section 212 also repealed sections 25 and 30 of the act (sections 819, 791 of this title). It also contained a proviso as follows: ‘‘That nothing in that Act, as amended, shall be construed to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 192

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 315 — Grazing districts; establishment; restric-

Page 54 TITLE 43—PUBLIC LANDS §§ 311 to 313 1 See References in Text note below. CHAPTER 8—TIMBER AND STONE LANDS §§ 311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69 Stat. 434 Section 311, acts June 3, 1878, ch. 151, § 1, 20 Stat. 89; Aug. 4, 1892, ch. 375, § 2, 27 Stat. 348; May 18, 1898, ch. 344, § 1, 30 Stat. 418, authorized sale of public lands valu- able chiefly for timber or stone. Section 312, acts June 3, 1878, ch. 151, § 2, 20 Stat. 89; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for applications for purchase of timber and stone lands. Section 313, act June 3, 1878, ch. 151, § 3, 20 Stat. 90, provided for publication of applications to purchase timber and stone lands, patent and entry. Statutory Notes and Related Subsidiaries EXISTING RIGHTS AND CLAIMS Act Aug. 1, 1955, ch. 448, 69 Stat. 434, provided that the repeal of sections 311 to 313 is subject to valid existing rights and claims. CHAPTER 8A—GRAZING LANDS SUBCHAPTER I—GENERALLY Sec. 315. Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and no- tice; hunting or fishing rights. 315a. Protection, administration, regulation, and improvement of districts; rules and regula- tions; study of erosion and flood control; of- fenses. 315b. Grazing permits; fees; vested water rights; permits not to create right in land. 315c. Fences, wells, reservoirs, and other improve- ments; construction; permits; partition fences. 315d. Grazing stock for domestic purposes; use of natural resources. 315e. Rights of way; development of mineral re- sources. 315f. Homestead entry within district or with- drawn lands; classification; preferences. 315g, 315g–1. Repealed. 315h. Cooperation with associations, land of

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 315

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