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16 U.S.C. § 698r — Administration

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

16 U.S.C. § 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) 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) et seq.); 11 See References in Text note below. and (2) 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) 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 Na

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Stable record: federal_law:legal_authorities:record_usc_d1fa74f59153cf628a6fcae7
Source file: Laws/federal/codes/united-states-code/title-16/section-698r-administration--719437c611.md
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Source location: Title 16, Chapter 6, § 698r; chapter-006-game-and-bird-preserves-protection.md

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**(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) 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) et seq.); 11 See References in Text note below. and (2) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1278&num=0&edition=prelim) 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.

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

16 U.S.C. § 1278 — Restrictions on water resources projects

**(a) Construction projects licensed by Federal Energy Regulatory Commission** The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063), as amended ([16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), on or directly affecting any river which is designated in [section 1274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1274&num=0&edition=prelim) as a component of the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild, scenic or recreational river area or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on the date of designation of a river as a component of the National Wild and Scenic Rivers System. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary charged with its administration, or request appropriations to begin con

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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. § 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. § 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. § 698r — Administration

Page 1248 TITLE 16—CONSERVATION § 698p 1 See References in Text note below. § 698p. Integrated administration and interpreta- tion Any properties of historic interest acquired under section 698o of this title shall become part of the Preserve established under section 698n of this title. The Secretary shall administer such properties in accordance with a plan that inte- grates the administration and interpretation of the ecological values of the Preserve and the historical values of the sites so acquired and the historical features of Fort Caroline. Such ad- ministration and interpretation shall be con- ducted through the facilities and staff of Fort Caroline National Memorial consistent with sec- tion 2 of the Act of September 21, 1950 (64 Stat. 897). (Pub. L. 100–249, title II, § 203, Feb. 16, 1988, 102 Stat. 15.) Editorial Notes REFERENCES IN TEXT Section 2 of the Act of September 21, 1950, referred to in text, is section 2 of act Sept. 21, 1950, ch. 973, 64 Stat. 897, which is not classified to the Code. § 698q. Little River Canyon National Preserve; es- tablishment (a) In general In order to protect and preserve the natural, scenic, recreational, and cultural resources of the Little River Canyon area in DeKalb and Cherokee Counties, Alabama, and to provide for the protection and public enjoyment of the re- sources, there is established the Little River Canyon National Preserve (referred to in sec- tions 698q to 698t of this title as the ‘‘Preserve’’). (b) Area included (1) In general The Preserve shall consist of the lands, wa- ters, and interests in lands and waters gen- erally depicted on the boundary map entitled ‘‘Little River Canyon National Preserve’’, numbered NA–LRNP–80,001C, and dated March 1992. (2) Boundary expansion The

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