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16 U.S.C. § 5203 — Other relief

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

16 U.S.C. § 5203 — Other relief

Page 2539 TITLE 16—CONSERVATION § 5207 (16 U.S.C. 669) (commonly known as the ‘‘Pit- man-Robertson Wildlife Restoration Act’’), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or (2) used in such other manner as the Sec- retary determines will enhance the funding and implementation of— (A) the North American Waterfowl Man- agement Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or (B) a similar program that the Secretary determines will enhance wildlife manage- ment— (i) on Federal lands; or (ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Fed- eral lands. (Pub. L. 103–322, title XXXII, § 320803, Sept. 13, 1994, 108 Stat. 2121.) Editorial Notes REFERENCES IN TEXT The Pitman-Robertson Wildlife Restoration Act, re- ferred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chap- ter 5B (§ 669 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 669 of this title and Tables. § 5203. Other relief Injunctive relief against a violation of section 5201 of this title may be sought by— (1) the head of a State agency with jurisdic- tion over fish or wildlife management; (2) the Attorney General of the United States; or (3) any person who is or would be adversely affected by the violation. (Pub. L. 103–322, title XXXII, § 320804, Sept. 13, 1994, 108 Stat. 2122.) § 5204. Relationship to State and local law and civil actions This chapter does not preempt a State law or local ordinance that provides for c

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Page 2539 TITLE 16—CONSERVATION § 5207 (16 U.S.C. 669) (commonly known as the ‘‘Pit- man-Robertson Wildlife Restoration Act’’), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or (2) used in such other manner as the Sec- retary determines will enhance the funding and implementation of— (A) the North American Waterfowl Man- agement Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or (B) a similar program that the Secretary determines will enhance wildlife manage- ment— (i) on Federal lands; or (ii) on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Fed- eral lands. (Pub. L. 103–322, title XXXII, § 320803, Sept. 13, 1994, 108 Stat. 2121.) Editorial Notes REFERENCES IN TEXT The Pitman-Robertson Wildlife Restoration Act, re- ferred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chap- ter 5B (§ 669 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 669 of this title and Tables. § 5203. Other relief Injunctive relief against a violation of section 5201 of this title may be sought by— (1) the head of a State agency with jurisdic- tion over fish or wildlife management; (2) the Attorney General of the United States; or (3) any person who is or would be adversely affected by the violation. (Pub. L. 103–322, title XXXII, § 320804, Sept. 13, 1994, 108 Stat. 2122.) § 5204. Relationship to State and local law and civil actions This chapter does not preempt a State law or local ordinance that provides for civil or crimi- nal penalties for conduct that violates this chapter. (Pub. L. 103–322, title XXXII, § 320805, Sept. 13, 1994, 108 Stat. 2122.) § 5205. Regulations The Secretary may issue such regulations as are necessary to carry out this chapter. (Pub. L. 103–322, title XXXII, § 320806, Sept. 13, 1994, 108 Stat. 2122.) § 5206. Rule of construction Nothing in this chapter shall be construed to impair a right guaranteed to a person under the first article of amendment to the Constitution or limit any legal remedy for forceful inter- ference with a person’s lawful participation in speech or peaceful assembly. (Pub. L. 103–322, title XXXII, § 320807, Sept. 13, 1994, 108 Stat. 2122.) § 5207. Definitions As used in this chapter: (1) Federal lands The term ‘‘Federal lands’’ means— (A) national forests; (B) public lands; (C) national parks; and (D) wildlife refuges. (2) Lawful hunt The term ‘‘lawful hunt’’ means the taking or harvesting (or attempted taking or har- vesting) of wildlife or fish, on Federal lands, which— (A) is lawful under the laws applicable in the place it occurs; and (B) does not infringe upon a right of an owner of private property. (3) National forest The term ‘‘national forest’’ means lands in- cluded in the National Forest System (as de- fined in section 1609(a) of this title). (4) National park The term ‘‘national park’’ means lands and waters included in the National Park System (as defined in section 100501 of title 54). (5) Public lands The term ‘‘public lands’’ has the same mean- ing as is provided in section 1702(e) of title 43. (6) Secretary The term ‘‘Secretary’’ means— (A) the Secretary of Agriculture with re- spect to national forests; and (B) the Secretary of the Interior with re- spect to— (i) public lands; (ii) national parks; and (iii) wildlife refuges. (7) Wildlife refuge The term ‘‘wildlife refuge’’ means lands and waters included in the National Wildlife Ref- uge System (as established by section 668dd of this title). (8) Conduct The term ‘‘conduct’’ does not include speech protected by the first article of amendment to the Constitution. (Pub. L. 103–322, title XXXII, § 320808, Sept. 13, 1994, 108 Stat. 2122.) Editorial Notes CODIFICATION In par. (4), ‘‘section 100501 of title 54’’ substituted for ‘‘section 2(a) of the Act entitled ‘An Act to facilitate the management of the National Park System and mis- cellaneous areas administered in connection with that system, and for other purposes’, approved August 8, 1953 (16 U.S.C. 1c(a))’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. CHAPTER 73—RHINOCEROS AND TIGER CONSERVATION Sec. 5301. Findings.

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

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

### Statutory Notes Section, act Aug. 8, 1953, ch. 384, § 2, 67 Stat. 496; Pub. L. 91–383, § 2(b), Aug. 18, 1970, 84 Stat. 826, related to general administration provisions; system defined; particular areas. See sections 100501 and 100755 of Title 54, National Park Service and Related Programs.

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

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

Page 31 TITLE 16—CONSERVATION § 1j tem, could not be executed because of the general amendment by Pub. L. 113–287, § 4(d), which made sec- tion applicable only to the National Wildlife Refuge System. See below. For provisions related to the Na- tional Park System, see section 104906 of Title 54, Na- tional Park Service and Related Programs. Pub. L. 113–287, § 4(d), amended section generally. Prior to amendment, section related to the right of Americans to exercise their Second Amendment rights in the National Park System and the National Wildlife Refuge System. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective nine months after May 22, 2009, ex- cept as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as an Effective Date of 2009 Amendment note under section 1602 of Title 15, Com- merce and Trade. § 1a–8. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 98–540, § 4, Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196, related to maintenance management sys- tem for the National Park System. Subsec. (a) was re- pealed and restated in section 101301 of Title 54, Na- tional Park Service and Related Programs. Subsec. (b), which required annual status reports, had been pre- viously repealed by Pub. L. 104–333. § 1a–9. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 101–628, title XII, § 1213, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, § 6(d)(2), Nov. 2, 1994, 108 Stat. 4583, related to periodic review of National Park System. See section 100505(a) of Title 54, National Park Service and Related Programs. § 1a–10. Repealed.

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

16 U.S.C. § 5203 — Other relief

Injunctive relief against a violation of [section 5201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5201&num=0&edition=prelim) may be sought by— (1) the head of a State agency with jurisdiction over fish or wildlife management; (2) the Attorney General of the United States; or (3) any person who is or would be adversely affected by the violation.

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

16 U.S.C. § 669 — Cooperation of Secretary of the Interior with States; conditions

The Secretary of the Interior is authorized to cooperate with the States, through their respective State fish and game departments, in wildlife-restoration projects as hereinafter in this chapter set forth; but no money apportioned under this chapter to any State shall be expended therein until its legislature, or other State agency authorized by the State constitution to make laws governing the conservation of wildlife, shall have assented to the provision of this chapter and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game department, except that, until the final adjournment of the first regular session of the legislature held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this chapter, shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this chapter and all projects shall conform to the standards fixed by the Secretary of the Interior. One of the purposes of this chapter is to provide financial and technical assistance to the States for the promotion of hunting and recreational shooting.

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

16 U.S.C. § 669 — Cooperation of Secretary of the Interior

Page 1187 TITLE 16—CONSERVATION § 669 Sec. 669k. Reports and certifications. 669l. Value of land. § 669. Cooperation of Secretary of the Interior with States; conditions The Secretary of the Interior is authorized to cooperate with the States, through their respec- tive State fish and game departments, in wild- life-restoration projects as hereinafter in this chapter set forth; but no money apportioned under this chapter to any State shall be ex- pended therein until its legislature, or other State agency authorized by the State constitu- tion to make laws governing the conservation of wildlife, shall have assented to the provision of this chapter and shall have passed laws for the conservation of wildlife which shall include a prohibition against the diversion of license fees paid by hunters for any other purpose than the administration of said State fish and game de- partment, except that, until the final adjourn- ment of the first regular session of the legisla- ture held after September 2, 1937, the assent of the Governor of the State shall be sufficient. The Secretary of the Interior and the State fish and game department of each State accepting the benefits of this chapter, shall agree upon the wildlife-restoration projects to be aided in such State under the terms of this chapter and all projects shall conform to the standards fixed by the Secretary of the Interior. One of the pur- poses of this chapter is to provide financial and technical assistance to the States for the pro- motion of hunting and recreational shooting. (Sept. 2, 1937, ch. 899, § 1, 50 Stat. 917; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 116–94, div. P, title V, § 501(b), Dec. 20, 2019, 133 Stat. 3191.) Editorial Notes

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