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16 U.S.C. § 459a–1 — Administration, protection, and development; commercial fishing by residents; hunting

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

16 U.S.C. § 459a–1 — Administration, protection, and development; commercial fishing by residents; hunting

The administration, protection, and development of the aforesaid national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: Provided further, That the provisions of 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.], shall not apply to this national seashore recreational area: And provided further, That the legal residents of villages referred to in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in sections 459 to 459a–3 of this title: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.

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Source location: Title 16, Chapter 1, § 459a–1; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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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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16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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

16 U.S.C. § 459 — Cape Hatteras National Seashore Recreational Area; conditional establishment; acquisition of lands

When title to all the lands, except those within the limits of established villages, within boundaries to be designated by the Secretary of the Interior within the area of approximately one hundred square miles on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke, and Collington,11 So in original. Probably should be “Colington,”. and the waters and the lands beneath the waters adjacent thereto shall have been vested in the United States, said area shall be, and is, established, dedicated, and set apart as a national seashore recreational area for the benefit and enjoyment of the people and shall be known as the Cape Hatteras National Seashore Recreational Area: Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.

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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. § 703 — Taking, killing, or possessing migratory birds unlawful

**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976. **(b) Limitation on application to introduced species** (1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories. (2) **Native to the United States defined** (A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me

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

16 U.S.C. § 710 — Partial invalidity; short title

If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

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

16 U.S.C. § 703 — Taking, killing, or possessing migratory

Page 1262 TITLE 16—CONSERVATION § 702 (12) provide training and information to appropriate employees on methods and means of avoiding or mini- mizing the take of migratory birds and conserving and restoring migratory bird habitat; (13) promote migratory bird conservation in inter- national activities and with other countries and inter- national partners, in consultation with the Department of State, as appropriate or relevant to the agency’s au- thorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird conservation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to im- mediately begin implementing the conservation meas- ures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. (g) Each agency shall advise the public of the avail- ability of its MOU through a notice published in the Federal Register. SEC. 4. Council for the Conservation of Migratory Birds. (a) The Secretary of Interior shall establish an inter- agency Council for the Conservation of Migratory Birds (Council) to oversee the implementation of this order. The Council’s duties shall include the following: (1) sharing the latest resource information to assist in the conservation and management of migratory birds; (2) developing an annual report of accomplishments and recommendations related to this order; (3) fostering partnerships to further the goals of this order; and (4) selecting an annual recipient of a Presidential Migra- tory Bird Federal Stewardship Award for contributions to the protection of migratory birds. (b) The Council shall include representation, at the bureau di

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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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