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16 U.S.C. § 410hhh–5 — Administration of national park and preserve

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

16 U.S.C. § 410hhh–5 — Administration of national park and preserve

**(a) In general** The Secretary shall administer the national park and the preserve in accordance with— (1) this subchapter; and (2) all laws generally applicable to units of the National Park System, including— (A) the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2–4); 11 See References in Text note below. and (B) the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 ([16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) et seq.).1 **(b) Grazing** (1) **Acquired State or private land** — With respect to former State or private land on which grazing is authorized to occur on November 22, 2000, and which is acquired for the national monument, or the national park and preserve, or the wildlife refuge, the Secretary, in consultation with the lessee, may permit the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) **Federal land** — Where grazing is permitted on land that is Federal land as of November 22, 2000, and that is located within the boundaries of the national monument or the national park and preserve, the Secretary is authorized to permit the continuation of such grazing activities unless the Secretary determines that grazing would harm the resources or values of the national park or the preserve. (3) **Termination of leases** — Nothing in this subsection shall prohibit the Secretary from

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Source location: Title 16, Chapter 1, § 410hhh–5; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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**(a) In general** The Secretary shall administer the national park and the preserve in accordance with— (1) this subchapter; and (2) all laws generally applicable to units of the National Park System, including— (A) the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2–4); 11 See References in Text note below. and (B) the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 ([16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) et seq.).1 **(b) Grazing** (1) **Acquired State or private land** — With respect to former State or private land on which grazing is authorized to occur on November 22, 2000, and which is acquired for the national monument, or the national park and preserve, or the wildlife refuge, the Secretary, in consultation with the lessee, may permit the continuation of grazing on the land by the lessee at the time of acquisition, subject to applicable law (including regulations). (2) **Federal land** — Where grazing is permitted on land that is Federal land as of November 22, 2000, and that is located within the boundaries of the national monument or the national park and preserve, the Secretary is authorized to permit the continuation of such grazing activities unless the Secretary determines that grazing would harm the resources or values of the national park or the preserve. (3) **Termination of leases** — Nothing in this subsection shall prohibit the Secretary from accepting the voluntary termination of leases or permits for grazing within the national monument or the national park or the preserve. **(c) Hunting, fishing, and trapping** (1) **In general** — Except as provided in paragraph (2), the Secretary shall permit hunting, fishing, and trapping on land and water within the preserve in accordance with applicable Federal and State laws. (2) **Administrative exceptions** — The Secretary may designate areas where, and establish limited periods when, no hunting, fishing, or trapping shall be permitted under paragraph (1) for reasons of public safety, administration, or compliance with applicable law. (3) **Agency agreement** — Except in an emergency, regulations closing areas within the preserve to hunting, fishing, or trapping under this subsection shall be made in consultation with the appropriate agency of the State of Colorado having responsibility for fish and wildlife administration. (4) **Savings clause** — Nothing in this subchapter affects any jurisdiction or responsibility of the State of Colorado with respect to fish and wildlife on Federal land and water covered by this subchapter. **(d) Closed Basin Division, San Luis Valley Project** Any feature of the Closed Basin Division, San Luis Valley Project, located within the boundaries of the national monument, national park or the national wildlife refuge, including any well, pump, road, easement, pipeline, canal, ditch, power line, power supply facility, or any other project facility, and the operation, maintenance, repair, and replacement of such a feature— (1) shall not be affected by this subchapter; and (2) shall continue to be the responsibility of, and be operated by, the Bureau of Reclamation in accordance with title I of the Reclamation Project Authorization Act of 1972 ([43 U.S.C. 615aaa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section615aaa&num=0&edition=prelim) et seq.).1 **(e) Withdrawal** (1) On November 22, 2000, subject to valid existing rights, all Federal land depicted on the map as being located within Zone A, or within the boundaries of the national monument, the national park or the preserve is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing. (2) The provisions of this subsection also shall apply to any lands— (A) acquired under this subchapter; or (B) transferred from any Federal agency after November 22, 2000, for the national monument, the national park or preserve, or the national wildlife refuge. **(f) Wilderness protection** (1) Nothing in this subchapter alters the Wilderness designation of any land within the national monument, the national park, or the preserve. (2) All areas designated as Wilderness that are transferred to the administrative jurisdiction of the National Park Service shall remain subject to the Wilderness Act ([16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.) and the Colorado Wilderness Act of 1993 (Public Law 103–77; [16 U.S.C. 539i](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539i&num=0&edition=prelim) note). If any part of this subchapter conflicts with the provisions of the Wilderness Act or the Colorado Wilderness Act of 1993 with respect to the wilderness areas within the preserve boundaries, the provisions of those Acts shall control.

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

54 U.S.C. § 100101 — Promotion and regulation

**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. **(b) Declarations.—** (1) **1970 declarations.—** — Congress declares that— (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.

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

16 U.S.C. § 1131 — National Wilderness Preservation System

**(a) Establishment; Congressional declaration of policy; wilderness areas; administration for public use and enjoyment, protection, preservation, and gathering and dissemination of information; provisions for designation as wilderness areas** In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as “wilderness areas”, and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as “wilderness areas” except as provided for in this chapter or by a subsequent Act. **(b) Management of area included in System; appropriations** The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the p

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

16 U.S.C. § 539i — Fossil Ridge Recreation Management Area

**(a) Establishment** (1) In order to conserve, protect, and enhance the scenic, wildlife, recreational, and other natural resource values of the Fossil Ridge area, there is hereby established the Fossil Ridge Recreation Management Area (hereinafter referred to as the “recreation management area”). (2) The recreation management area shall consist of certain lands in the Gunnison National Forest, Colorado, which comprise approximately 43,900 acres, as generally depicted as “Area A” on a map entitled “Fossil Ridge Wilderness Proposal”, dated January, 1993. **(b) Administration** The Secretary of Agriculture shall administer the recreation management area in accordance with this section and the laws and regulations generally applicable to the National Forest System. **(c) Withdrawal** Subject to valid existing rights, all lands within the recreation management area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the mining laws, and from disposition under the mineral and geothermal leasing laws, including all amendments thereto. **(d) Timber harvesting** No timber harvesting shall be allowed within the recreation management area except to the extent that would be permitted in wilderness under [section 1133(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1133/d/1&num=0&edition=prelim) for necessary control of fire, insects, and diseases, and for public safety. **(e) Livestock grazing** The designation of the recreation management area shall not be construed to prohibit, or change the administration of, the grazing of livestock within the recreation management area. **(f) Development** No developed campgrounds shall be constructe

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

16 U.S.C. § 461 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, declared national policy with respect to historic sites, buildings, and objects of national significance. See [section 320101 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section320101&num=0&edition=prelim), National Park Service and Related Programs.

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

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs. #### Short Title of 2019 Amendment Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.” #### Short Title of 2008 Amendment Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.” #### Short Title of 2004 Amendment Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.” #### Short Title of 2002 Amendment Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending [section 460kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460kk&num=0&edition=prelim)] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.” #### Short Title of 2000 Amendment Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.” #### Short Title of 1983 Amendment Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat.

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

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 29 TITLE 16—CONSERVATION § 1a–1 Sec. SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL CONSERVATION AREA 460www. Red Cliffs National Conservation Area. SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA 460xxx. Beaver Dam Wash National Conservation Area. SUBCHAPTER CXXXVI—FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA 460yyy. Definitions. 460yyy–1. Establishment of the Fort Stanton- Snowy River Cave National Conserva- tion Area. 460yyy–2. Management of the Conservation Area. 460yyy–3. Authorization of appropriations. SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA 460zzz. Definitions. 460zzz–1. Dominguez-Escalante National Con- servation Area. 460zzz–2. Dominguez Canyon Wilderness Area. 460zzz–3. Maps and legal descriptions. 460zzz–4. Management of Conservation Area and Wilderness. 460zzz–5. Management plan. 460zzz–6. Advisory Council. 460zzz–7. Authorization of appropriations. SUBCHAPTER CXXXVIII—NELLIS DUNES OFF- HIGHWAY VEHICLE RECREATION AREA 460aaaa. Nellis Dunes Off-Highway Vehicle Recre- ation Area. SUBCHAPTER CXXXIX—ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA 460bbbb. Ashley Karst National Recreation and Geologic Area. SUBCHAPTER CXL—JOHN WESLEY POWELL NATIONAL CONSERVATION AREA 460cccc. John Wesley Powell National Conserva- tion Area. SUBCHAPTER CXLI—SAN RAFAEL SWELL RECREATION AREA 460dddd. Establishment of Recreation Area. 460dddd–1. Management of Recreation Area. 460dddd–2. San Rafael Swell Recreation Area Advi- sory Council. SUBCHAPTER CXLII—VINAGRE WASH SPECIAL MANAGEMENT AREA 460eeee. Vinagre Wash Special Management Area. SUBCHAPTER CXLIII—ALABAMA HILLS NATIONAL SCENIC AREA 460ffff. Definitions. 460ffff–1. Alabama Hills National Scenic Area, Califor

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

16 U.S.C. § 1131 — National Wilderness Preservation System

Page 1611 TITLE 16—CONSERVATION § 1131 or of any person employed by, or assigned or de- tailed to, the Commission. (b) Payment; exemption of property from attach- ment, execution, etc. Any liability of the Commission shall be met from funds of the Commission to the extent that it is not covered by insurance, or otherwise. Property belonging to the Commission shall be exempt from attachment, execution, or other process for satisfaction of claims, debts, or judg- ments. (c) Individual members of Commission No liability of the Commission shall be im- puted to any member of the Commission solely on the basis that he occupies the position of member of the Commission. (Pub. L. 88–363, § 11, July 7, 1964, 78 Stat. 301.) § 1111. Exemption from taxation The Commission shall not be subject to Fed- eral, State, or municipal taxation in the United States on any real or personal property held by it or on any gift, bequest, or devise to it of any personal or real property, or on its income, whether from governmental appropriations, ad- mission fees, concessions, or donations. (Pub. L. 88–363, § 12, July 7, 1964, 78 Stat. 301.) § 1112. Tax treatment of any gift, devise or be- quest to the Commission For the purpose of Federal income, estate, and gift taxes, any gift, devise, or bequest to or for the use of the Commission, and accepted by the Commission under authority of this chapter, shall be deemed to be a gift, devise, or bequest to or for the use of the United States, as the case may be, if it is not deducted as a gift, de- vise, or bequest to or for the use of the Govern- ment of Canada under the income, estate, or gift tax laws of the Government of Canada. (Pub. L. 88–363, § 13, July 7, 1964, 78 Stat. 301.) § 1113. Authorization of appropriations T

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

16 U.S.C. § 461 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 894 TITLE 16—CONSERVATION § 461 Sec. 469h. Comprehensive plan for Reserve Develop- ment. 469i to 469k. Repealed. 469k–1. Transferred or Repealed. 469l. Omitted or Transferred. 469l–1 to 469l–3. Repealed. 469m. Repealed or Omitted. 469n. Preserve America Program. 469o. Repealed. SUBCHAPTER II—NATIONAL HISTORIC PRESERVATION 470, 470–1. Transferred, Omitted, or Repealed. PART A—PROGRAMS 470a to 470h–5. Repealed. PART B—ADVISORY COUNCIL ON HISTORIC PRESERVATION 470i to 470v–2. Repealed. PART C—GENERAL AND MISCELLANEOUS 470w to 470w–8. Repealed. PART D—NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING 470x to 470x–6. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 461. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, de- clared national policy with respect to historic sites, buildings, and objects of national significance. See sec- tion 320101 of Title 54, National Park Service and Re- lated Programs. § 462. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 2, 49 Stat. 666; Pub. L. 89–249, § 8, Oct. 9, 1965, 79 Stat. 971, related to admin- istration by Secretary of the Interior. See section 1866(a) of Title 18, Crimes and Criminal Procedure, and section 320102 of Title 54, National Park Service and Related Programs. § 463. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 3, 49 Stat. 667; Pub. L. 91–383, § 9, Aug. 18, 1970, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, § 604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101–628, title XII, §§ 1211, 1212, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title

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

16 U.S.C. § 539i — Fossil Ridge Recreation Management Area

Page 975 TITLE 16—CONSERVATION § 539j entitled ‘Dennig Tract’, dated November 5, 1991 (herein- after referred to as ‘the map’). The map, together with a legal description of such lands, shall be on file and available for public inspection in the offices of the For- est Service, Department of Agriculture. The boundaries of the Mark Twain National Forest are hereby modified to include the area denoted ‘Dennig Property Outside of National Forest Boundary’ on the map. Such map and legal description shall have the same force and ef- fect as if included in this Act, except that the correc- tion of clerical and typographical errors in such map and legal description may be made by the Secretary. ‘‘(b) Such modified boundaries shall be considered as the boundaries in existence as of January 1, 1965, for the purposes of section 100506 of title 54, United States Code. ‘‘SEC. 3. ELEVEN POINT WILD AND SCENIC RIVER. ‘‘The Secretary shall manage the lands, waters, and interests therein within the area referred to on the map as ‘The Eleven Point Wild and Scenic Corridor’ (herein- after referred to as ‘the corridor’), pursuant to the pro- visions of the Wild and Scenic Rivers Act (16 U.S.C. 1271–1287). Lands acquired pursuant to section 2 of this Act within the corridor shall not be counted against the average one-hundred-acre-per-mile fee limitation of Section 6(a)(1) of the Wild and Scenic Rivers Act [16 U.S.C. 1277(a)(1)], nor shall such lands outside the cor- ridor be subject to the provisions of Section 6(a)(2) of the Wild and Scenic Rivers Act. ‘‘SEC. 5. APPROPRIATIONS. ‘‘There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.’’ [Pub. L. 113–287, § 5(d)(13), Dec. 19, 2014, 128 Stat. 3265, which dire

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

43 U.S.C. § 615aaa — Untitled legal text

Page 203 TITLE 43—PUBLIC LANDS §§ 615ppp to 615www Section 615rr, Pub. L. 87–483, § 10, June 13, 1962, 76 Stat. 99, authorized appropriations for San Juan-Chama project. Section 615ss, Pub. L. 87–483, § 11, June 13, 1962, 76 Stat. 99; Pub. L. 111–11, title X, § 10402(b), Mar. 30, 2009, 123 Stat. 1373, provided that waters of Navajo Reservoir, San Juan River and tributary waters be used only pur- suant to contract. Amendment by Pub. L. 111–11 to be null and void on issuance of a court order terminating a certain Agreement and Contract between New Mex- ico, the Navajo Nation, and the United States, see sec- tion 10701(e)(2) of Pub. L. 111–11, set out as an Agree- ment note under section 620 of this title. Section 615tt, Pub. L. 87–483, § 12, June 13, 1962, 76 Stat. 100, related to water use rights of New Mexico and Arizona. Section 615uu, Pub. L. 87–483, § 13, June 13, 1962, 76 Stat. 101, provided use of water through works con- structed pursuant to sections 615ii to 615yy of this title be subject to Colorado River compact, Upper Colorado River Basin compact, Boulder Canyon Project Act (43 U.S.C. 617 et seq.), Boulder Canyon Project Adjustment Act (43 U.S.C. 618 et seq.), Colorado River Storage Project Act (43 U.S.C. 620 et seq.), and Mexican Water Treaty (Treaty Series 994). Section 615vv, Pub. L. 87–483, § 14, June 13, 1962, 76 Stat. 101, required compliance with above-mentioned compacts, laws, and treaties and provided for enforce- ment and consent to suit. Section 615ww, Pub. L. 87–483, § 15, June 13, 1962, 76 Stat. 102, related to studies of quality of water of Colo- rado River system and reports to Congress on results of these studies. Section 615xx, Pub. L. 87–483, § 16, June 13, 1962, 76 Stat. 102, related to compact obligations of ‘‘St

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