16 U.S.C. § 273b — Grazing privileges; right of occupancy or

Page 168 TITLE 16—CONSERVATION § 273 of State school trust land, the State shall pre- serve existing grazing, recreational, and wild- life uses of the acquired lands in existence on October 30, 1998. (3) Activities authorized by management plan Nothing in this subsection precludes the State of Utah from authorizing or undertaking a surface or mineral activity that is author- ized by a land management plan for the ac- quired land. (Pub. L. 92–155, § 8, as added Pub. L. 105–329, § 2(e)(2), Oct. 30, 1998, 112 Stat. 3062; amended Pub. L. 106–176, title III, § 302, Mar. 10, 2000, 114 Stat. 32.) Editorial Notes AMENDMENTS 2000—Subsec. (b)(2). Pub. L. 106–176, § 302(1), sub- stituted ‘‘located in section 1, Township 25 South, Range 18 East, Salt Lake base and meridian, and more fully described as follows:’’ and subpars. (A) to (C) for ‘‘, described as lots 1 through 12 located in the S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1⁄2 of section 1, Township 25 South, Range 18 East, Salt Lake base and meridian.’’ Subsec. (d). Pub. L. 106–176, § 302(2), struck out head- ing and text of subsec. (d). Text read as follows: ‘‘Ad- ministrative actions necessary to implement the land exchange under this section shall be completed not later than 180 days after October 30, 1998.’’ Statutory Notes and Related Subsidiaries EFFECT ON SCHOOL TRUST LAND Pub. L. 105–329, § 2(e)(1), Oct. 30, 1998, 112 Stat. 3062, provided that: ‘‘Congress finds that— ‘‘(A) a parcel of State school trust land, more spe- cifically described as section 16, township 23 south, range 22 east, of the Salt Lake base and meridian, is partially contained within the Lost Spring Canyon Addition included within the boundaries of Arches National Park by the amendment by subsection (a) [amending section 272 of this title]; ‘‘(B) the parcel was originally granted to the State of Utah for the purpose of generating revenue for the public schools through the development of natural and other resources located on the parcel; and ‘‘(C) it is in the interest of the State of Utah and the United States for the parcel to be exchanged for Federal land of equivalent value outside the Lost Spring Canyon Addition to permit Federal manage- ment of all lands within the Lost Spring Canyon Ad- dition.’’ SUBCHAPTER XXXI—CAPITOL REEF NATIONAL PARK § 273. Establishment (a) Description of area Subject to valid existing rights, the lands, wa- ters, and interests therein within the boundary generally depicted on the map entitled ‘‘Bound- ary Map, Proposed Capitol Reef National Park, Utah,’’ numbered 158–91,002, and dated January 1971, are hereby established as the Capitol Reef National Park (hereinafter referred to as the ‘‘park’’). Such map shall be on file and available for public inspection in the offices of the Na- tional Park Service, Department of the Interior. (b) Abolition of Capitol Reef National Monument; funds of monument available for park; ad- ministration of lands excluded from monu- ment The Capitol Reef National Monument is here- by abolished, and any funds available for pur- poses of the monument shall be available for purposes of the park. Federal lands, waters, and interests therein excluded from the monument by this subchapter shall be administered by the Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) in accordance with the laws applicable to the public lands of the United States. (Pub. L. 92–207, § 1, Dec. 18, 1971, 85 Stat. 739.) § 273a. Acquisition of property; authority of Sec- retary; State property The Secretary is authorized to acquire by do- nation, purchase with donated or appropriated funds, transfer from any Federal agency, ex- change, or otherwise, the lands and interests in lands described in section 273 of this title, ex- cept that lands or interests therein owned by the State of Utah, or any political subdivision thereof, may be acquired only with the approval of such State or political subdivision. (Pub. L. 92–207, § 2, Dec. 18, 1971, 85 Stat. 739.) § 273b. Grazing privileges; right of occupancy or use for fixed term of years; renewal Where any Federal lands included within the park are legally occupied or utilized on Decem- ber 18, 1971, for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, estab- lishment, or agency of the United States, the Secretary of the Interior shall permit the per- sons holding such grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter. (Pub. L. 92–207, § 3, Dec. 18, 1971, 85 Stat. 740.) Statutory Notes and Related Subsidiaries RENEWAL OF CAPITOL REEF NATIONAL PARK GRAZING AUTHORIZATIONS Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1779, provided: ‘‘That where any Federal lands included with- in the boundary of the Park created by the Act of De- cember 18, 1971 (Public Law 92–207) [16 U.S.C. 273 et seq.], were legally occupied or utilized on the date of approval of that Act [Dec. 18, 1971] for grazing purposes pursuant to a lease, permit, or license issued or author- ized by any department, establishment, or agency of the United States, the person or persons so occupying or utilizing such lands and the heirs of such person or persons shall at that time be entitled to renew said leases, permits, or licenses under such terms and condi- tions as the Secretary of the Interior may prescribe, for the lifetime of the permittee or any direct descendants (sons or daughters) born on or before the enactment of Public Law 92–207 (December 18, 1971). Such grazing ac- tivities shall be subject to the following conditions: ‘‘(a) Grazing will be based on active preference that exists on the date of this Act [Sept. 27, 1988] and no in- crease in animal unit months will be allowed on Park lands. ‘‘(b) No physical improvements for stock use will be established on National Park Service lands without the written concurrence of the Park Superintendent. ‘‘(c) Nothing in this section shall apply to any lease, permit, or license for mining purposes or for public ac- commodations and services or to any occupancy or uti- lization of lands for purely temporary purposes. ‘‘(d) Nothing contained in this Act [see Tables for classification] shall be construed as creating any vest- Page 169 TITLE 16—CONSERVATION § 281 1 See References in Text note below. ed right, title interest, or estate in or to any Federal lands. ‘‘(e) The provisions of Public Law 97–341 [formerly set out as a note below] are hereby repealed. ‘‘(f) Grazing will be managed to encourage the protec- tion of the Park’s natural and cultural resources val- ues.’’ STUDY OF GRAZING PHASEOUT AT CAPITOL REEF NATIONAL PARK Pub. L. 97–341, Oct. 15, 1982, 96 Stat. 1639, provided for retention of Capitol Reef National Park grazing privi- leges until Dec. 31, 1994, and a study of grazing at the Park, prior to repeal by Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1780. § 273c. Livestock trails, watering rights; drive- way regulations Nothing in this subchapter shall be construed as affecting in any way rights of owners and op- erators of cattle and sheep herds, existing on the date immediately prior to December 18, 1971, to trail their herds on traditional courses used by them prior to December 18, 1971, and to water their stock, notwithstanding the fact that the lands involving such trails and watering are sit- uated within the park: Provided, That the Sec- retary may promulgate reasonable regulations providing for the use of such driveways. (Pub. L. 92–207, § 4, Dec. 18, 1971, 85 Stat. 740.) § 273d. Administration, protection, and develop- ment (a) Authority of Secretary The National Park Service, under the direc- tion of the Secretary, shall administer, protect, and develop the park, subject to the provisions of the Act entitled ‘‘An Act to establish a Na- tional Park Service, and for other purposes’’, ap- proved August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1–4).1 (b) Easements and rights-of-way The Secretary shall grant easements and rights-of-way on a nondiscriminatory basis upon, over, under, across, or along any compo- nent of the park area unless he finds that the route of such easements and rights-of-way would have significant adverse effects on the adminis- tration of the park. (c) Report by Secretary Within three years from December 18, 1971, the Secretary of the Interior shall report to the President, in accordance with subsections 3(c) and 3(d) of the Wilderness Act [16 U.S.C. 1132 (c) and (d)], his recommendations as to the suit- ability or nonsuitability of any area within the park for preservation as wilderness, and any des- ignation of any such area as a wilderness shall be in accordance with said Wilderness Act [16 U.S.C. 1131 et seq.]. (Pub. L. 92–207, § 5, Dec. 18, 1971, 85 Stat. 740.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were re- pealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table pre- ceding section 100101 of Title 54. The Wilderness Act, referred to in subsec. (c), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. § 273e. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–207, § 6, Dec. 18, 1971, 85 Stat. 740, authorized the Secretary to conduct a study of pro- posed road alinements within and adjacent to the park and to submit a report on the findings and conclusions of the study to the Congress within two years of Dec. 18, 1971. § 273f. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this subchapter, not to ex- ceed, however, $2,173,000 for the acquisition of lands and interests in lands and not to exceed $1,373,000 for development. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to De- cember 18, 1971. (Pub. L. 92–207, § 7, Dec. 18, 1971, 85 Stat. 740; Pub. L. 94–578, title I, § 101(4), Oct. 21, 1976, 90 Stat. 2732; Pub. L. 95–625, title I, § 101(5), Nov. 10, 1978, 92 Stat. 3471.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–625 substituted ‘‘$1,373,000 for devel- opment’’ for ‘‘$1,052,700 (April 1970 prices) for develop- ment, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construc- tion costs as indicated by engineering cost indexes ap- plicable to the types of construction involved herein’’. 1976—Pub. L. 94–578 substituted ‘‘$2,173,000’’ for ‘‘$423,000’’. SUBCHAPTER XXXII—NEZ PERCE NATIONAL HISTORICAL PARK § 281. Purpose It is the purpose of this subchapter to facili- tate protection and provide interpretation of sites in the Nez Perce country of Idaho and in the States of Oregon, Washington, Montana, and Wyoming that have exceptional value in com- memorating the history of the Nation. (Pub. L. 89–19, § 1, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(1), Oct. 30, 1992, 106 Stat. 4770.)