16 U.S.C. § 670h — Comprehensive plans for conservation

Page 1212 TITLE 16—CONSERVATION § 670h (b) Implementation of programs The Secretary of the Interior shall implement the conservation and rehabilitation programs required under subsection (a) of this section on public land under his jurisdiction. The Secretary of the Interior shall adopt, modify, and imple- ment the conservation and rehabilitation pro- grams required under such subsection (a) on public land under the jurisdiction of the Chair- man, but only with the prior written approval of the Atomic Energy Commission, and on public land under the jurisdiction of the Adminis- trator, but only with the prior written approval of the Administrator. The Secretary of Agri- culture shall implement such conservation and rehabilitation programs on public land under his jurisdiction. (Pub. L. 86–797, title II, § 201, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1369; amended Pub. L. 97–396, § 3, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 112–81, div. A, title III, § 312(b)(7), Dec. 31, 2011, 125 Stat. 1354.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 inserted section catchline and headings for subsecs. (a) and (b). 1982—Subsec. (a). Pub. L. 97–396 inserted ‘‘of fish, wildlife, and plants’’ after ‘‘species’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. DESERT TORTOISE CONSERVATION CENTER Pub. L. 116–9, title I, § 1461, Mar. 12, 2019, 133 Stat. 719, provided that: ‘‘(a) IN GENERAL.—The Secretary shall establish, op- erate, and maintain a trans-State desert tortoise con- servation center (referred to in this section as the ‘Cen- ter’) on public land along the California-Nevada bor- der— ‘‘(1) to support desert tortoise research, disease monitoring, handling training, rehabilitation, and re- introduction; ‘‘(2) to provide temporary quarters for animals col- lected from authorized salvage from renewable en- ergy sites; and ‘‘(3) to ensure the full recovery and ongoing sur- vival of the species. ‘‘(b) CENTER.—In carrying out this section, the Sec- retary shall— ‘‘(1) seek the participation of or contract with qualified organizations with expertise in desert tor- toise disease research and experience with desert tor- toise translocation techniques, and scientific train- ing of professional biologists for handling tortoises, to staff and manage the Center; ‘‘(2) ensure that the Center engages in public out- reach and education on tortoise handling; and ‘‘(3) consult with the State and the State of Nevada to ensure that the Center is operated consistent with State law. ‘‘(c) NON-FEDERAL CONTRIBUTIONS.—The Secretary may accept and expend contributions of non-Federal funds to establish, operate, and maintain the Center.’’ [For definitions of ‘‘Secretary’’ and ‘‘State’’ as used in section 1461 of Pub. L. 116–9, set out above, see sec- tion 1401 of Pub. L. 116–9, set out as a Definitions note under section 410aaa–7 of this title.] DESERT TORTOISE PLAN Pub. L. 100–275, § 12, Mar. 31, 1988, 102 Stat. 60, directed Secretary of the Interior to review status of popu- lations of desert tortoises on lands in Nevada and other States managed by Secretary, other than lands con- veyed or leased pursuant to Pub. L. 100–275, assess na- ture and extent of threats to continued health or sta- bility of such populations on such lands, and prepare a comprehensive plan to address such threats, with Sec- retary to consult with State officials, other Federal agencies responsible for management of lands where desert tortoise populations are located, the Desert Tor- toise Council, and other persons or groups identified by Secretary as having expertise relevant to requirements of this section; such review and assessment to be com- pleted and results to be made available to the public and transmitted to certain committees of Congress no later than two years after Mar. 31, 1988, and such plan to be developed and transmitted to such committees no later than three years after Mar. 31, 1988; with a failure by Secretary to transmit such report within such three-year period not to relieve the Secretary from re- quirement to prepare such plan. § 670h. Comprehensive plans for conservation and rehabilitation programs (a) Development of plans (1) The Secretary of the Interior shall develop, in consultation with the State agencies, a com- prehensive plan for conservation and rehabilita- tion programs to be implemented on public land under his jurisdiction and the Secretary of Agri- culture shall do the same in connection with public land under his jurisdiction. (2) The Secretary of the Interior shall develop, with the prior written approval of the Atomic Energy Commission, a comprehensive plan for conservation and rehabilitation programs to be implemented on public land under the jurisdic- tion of the Chairman and develop, with the prior written approval of the Administrator, a com- prehensive plan for such programs to be imple- mented on public land under the jurisdiction of the Administrator. Each such plan shall be de- veloped after the Secretary of the Interior makes, with the prior written approval of the Chairman or the Administrator, as the case may be, and in consultation with the State agencies, necessary studies and surveys of the land con- cerned to determine where conservation and re- habilitation programs are most needed. (b) Consistency with overall land use and man- agement plans; hunting, trapping, and fish- ing Each comprehensive plan developed pursuant to this section shall be consistent with any over- all land use and management plans for the lands involved. In any case in which hunting, trap- ping, or fishing (or any combination thereof) of resident fish and wildlife is to be permitted on public land under a comprehensive plan, such hunting, trapping, and fishing shall be con- ducted in accordance with applicable laws and regulations of the State in which such land is lo- cated. (c) Cooperative agreements by State agencies for implementation of programs (1) Each State agency may enter into a coop- erative agreement with— (A) the Secretary of the Interior with re- spect to those conservation and rehabilitation Page 1213 TITLE 16—CONSERVATION § 670h programs to be implemented under this sub- chapter within the State on public land which is under his jurisdiction; (B) the Secretary of Agriculture with re- spect to those conservation and rehabilitation programs to be implemented under this sub- chapter within the State on public land which is under his jurisdiction; and (C) the Secretary of the Interior and the Chairman or the Administrator, as the case may be, with respect to those conservation and rehabilitation programs to be imple- mented under this subchapter within the State on public land under the jurisdiction of the Chairman or the Administrator; except that before entering into any cooperative agree- ment which affects public land under the juris- diction of the Chairman, the Secretary of the Interior shall obtain the prior written ap- proval of the Atomic Energy Commission and before entering into any cooperative agree- ment which affects public lands under the ju- risdiction of the Administrator, the Secretary of the Interior shall obtain the prior written approval of the Administrator. Conservation and rehabilitation programs devel- oped and implemented pursuant to this sub- chapter shall be deemed as supplemental to wildlife, fish, and game-related programs con- ducted by the Secretary of the Interior and the Secretary of Agriculture pursuant to other pro- visions of law. Nothing in this subchapter shall be construed as limiting the authority of the Secretary of the Interior or the Secretary of Ag- riculture, as the case may be, to manage the na- tional forests or other public lands for wildlife and fish and other purposes in accordance with the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528–531) or other applicable authority. (2) Any conservation and rehabilitation pro- gram included within a cooperative agreement entered into under this subsection may be modi- fied in a manner mutually agreeable to the State agency and the Secretary concerned (and the Chairman or the Administrator, as the case may be, if public land under his jurisdiction is involved). Before modifying any cooperative agreement which affects public land under the jurisdiction of the Chairman, the Secretary of the Interior shall obtain the prior written ap- proval of the Atomic Energy Commission and before modifying any cooperative agreement which affects public land under the jurisdiction of the Administrator, the Secretary of the Inte- rior shall obtain the prior written approval of the Administrator. (3) Each cooperative agreement entered into under this subsection shall— (A) specify those areas of public land within the State on which conservation and rehabili- tation programs will be implemented; (B) provide for fish and wildlife habitat im- provements or modifications, or both; (C) provide for range rehabilitation where necessary for support of wildlife; (D) provide adequate protection for fish and wildlife officially classified as threatened or endangered pursuant to section 1533 of this title or considered to be threatened, rare, or endangered by the State agency; (E) require the control of off-road vehicle traffic; (F) if the issuance of public land area man- agement stamps is agreed to pursuant to sec- tion 670i(a) of this title— (i) contain such terms and conditions as are required under section 670i(b) of this title; (ii) require the maintenance of accurate records and the filing of annual reports by the State agency to the Secretary of the In- terior or the Secretary of Agriculture, or both, as the case may be, setting forth the amount and disposition of the fees collected for such stamps; and (iii) authorize the Secretary concerned and the Comptroller General of the United States, or their authorized representatives, to have access to such records for purposes of audit and examination; and (G) contain such other terms and conditions as the Secretary concerned and the State agency deem necessary and appropriate to carry out the purposes of this subchapter. A cooperative agreement may also provide for arrangements under which the Secretary con- cerned may authorize officers and employees of the State agency to enforce, or to assist in the enforcement of, section 670j(a) of this title. (4) Except where limited under a comprehen- sive plan or pursuant to cooperative agreement, hunting, fishing, and trapping shall be per- mitted with respect to resident fish and wildlife in accordance with applicable laws and regula- tions of the State in which such land is located on public land which is the subject of a con- servation and rehabilitation program imple- mented under this subchapter. (5) The Secretary of the Interior and the Sec- retary of Agriculture, as the case may be, shall prescribe such regulations as are deemed nec- essary to control, in a manner consistent with the applicable comprehensive plan and coopera- tive agreement, the public use of public land which is the subject of any conservation and re- habilitation program implemented by him under this subchapter. (d) State agency agreements not cooperative agreements under other provisions Agreements entered into by State agencies under the authority of this section shall not be deemed to be, or treated as, cooperative agree- ments to which chapter 63 of title 31 applies. (Pub. L. 86–797, title II, § 202, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1369; amended Pub. L. 97–396, § 4, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 112–81, div. A, title III, § 312(b)(8), Dec. 31, 2011, 125 Stat. 1354.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in subsec. (c)(1), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sec- tions 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables. CODIFICATION In subsec. (d), ‘‘chapter 63 of title 31’’ substituted for ‘‘the Federal Grant and Cooperative Agreement Act of Page 1214 TITLE 16—CONSERVATION § 670i 1977 (41 U.S.C. 501 et seq.)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 2011—Pub. L. 112–81 inserted section catchline and headings for subsecs. (a) to (d). 1982—Subsec. (d). Pub. L. 97–396 added subsec. (d). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. § 670i. Public land management area stamps for hunting, trapping, and fishing on public lands subject to programs (a) Agreements to require stamps Any State agency may agree with the Sec- retary of the Interior and the Secretary of Agri- culture (or with the Secretary of the Interior or the Secretary of Agriculture, as the case may be, if within the State concerned all conserva- tion and rehabilitation programs under this sub- chapter will be implemented by him) that no in- dividual will be permitted to hunt, trap, or fish on any public land within the State which is subject to a conservation and rehabilitation pro- gram implemented under this subchapter unless at the time such individual is engaged in such activity he has on his person a valid public land management area stamp issued pursuant to this section. (b) Conditions for agreements Any agreement made pursuant to subsection (a) of this section to require the issuance of pub- lic land management area stamps shall be sub- ject to the following conditions: (1) Such stamps shall be issued, sold, and the fees therefor collected, by the State agency or by the authorized agents of such agency. (2) Notice of the requirement to possess such stamps shall be displayed prominently in all places where State hunting, trapping, or fish- ing licenses are sold. To the maximum extent practicable, the sale of such stamps shall be combined with the sale of such State hunting, trapping, and fishing licenses. (3) Except for expenses incurred in the print- ing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in carrying out conservation and rehabilitation programs implemented under this subchapter in the State concerned. Such fees may be used by the State agency to acquire lands or interests therein from willing sellers or donors to provide public access to program lands that have no existing public ac- cess for enhancement of outdoor recreation and wildlife conservation: Provided, That the Secretary of Agriculture and the Secretary of the Interior maintain such access, or ensure that maintenance is provided for such access, through or to lands within their respective ju- risdiction. (4) The purchase of any such stamp shall en- title the purchaser thereof to hunt, trap, and fish on any public land within such State which is the subject of a conservation or reha- bilitation program implemented under this subchapter except to the extent that the pub- lic use of such land is limited pursuant to a comprehensive plan or cooperative agreement; but the purchase of any such stamp shall not be construed as (A) eliminating the require- ment for the purchase of a migratory bird hunting stamp as set forth in section 718a of this title, or (B) relieving the purchaser from compliance with any applicable State game and fish laws and regulations. (5) The amount of the fee to be charged for such stamps, the age at which the individual is required to acquire such a stamp, and the ex- piration date for such stamps shall be mutu- ally agreed upon by the State agency and the Secretary or Secretaries concerned; except that each such stamp shall be void not later than one year after the date of issuance. (6) Each such stamp must be validated by the purchaser thereof by signing his name across the face of the stamp. (7) Any individual to whom a stamp is sold pursuant to this section shall upon request ex- hibit such stamp for inspection to any officer or employee of the Department of the Interior or the Department of Agriculture, or to any other person who is authorized to enforce sec- tion 670j(a) of this title. (Pub. L. 86–797, title II, § 203, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1371; amended Pub. L. 100–653, title II, § 201, Nov. 14, 1988, 102 Stat. 3826; Pub. L. 112–81, div. A, title III, § 312(b)(9), Dec. 31, 2011, 125 Stat. 1354.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 inserted section catchline and headings for subsecs. (a) and (b) and realigned margins of subsec. (b)(3). 1988—Subsec. (b)(3). Pub. L. 100–653 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Except for expenses incurred in the printing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in car- rying out conservation and rehabilitation programs im- plemented under this subchapter in the State con- cerned and for no other purpose. If such programs are implemented by both the Secretary of the Interior and the Secretary of Agriculture in the State, the Secre- taries shall mutually agree, on such basis as they deem reasonable, on the proportion of such fees that shall be applied by the State agency to their respective pro- grams.’’ § 670j. Enforcement provisions (a) Violations and penalties (1) Any person who hunts, traps, or fishes on any public land which is subject to a conserva- tion and rehabilitation program implemented under this subchapter without having on his per- son a valid public land management area stamp, if the possession of such a stamp is required, shall be fined not more than $1,000, or impris- oned for not more than six months, or both. (2) Any person who knowingly violates or fails to comply with any regulations prescribed under section 670h(c)(5) of this title shall be fined not more than $500, or imprisoned not more than six months, or both.