16 U.S.C. § 410mm–1 | Administration

(a)

Laws governing; conservation and protection of resources

August 26, 191639 Stat. 535 16 U.S.C. 1–4 1

1 See References in Text note below.

The Secretary shall administer the park in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including the Act entitled “An Act to establish a National Park Service, and for other purposes,” approved (; ). The Secretary shall protect, manage, and administer the park in such manner as to conserve and protect the scenery, the natural, geologic, historic, and archaeological resources of the park, including fish and wildlife and to provide for the public use and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.

(b)

Fishing

2 So in original. The comma probably should not appear.

The Secretary shall permit fishing on lands and waters under his jurisdiction within the park in accordance with the applicable laws of the United States and the State of Nevada, except that he may designate zones where, and periods when, no fishing may be permitted for reasons of public safety. Except in emergencies, any regulations prescribing such restrictions relating to fishing, shall be put into effect only after consultation with the appropriate State agency having jurisdiction over fishing activities.

(c)

Preparation of management plan; submission to Congress; amendment of plan

October 27, 1986After notice and opportunity for public hearing, the Secretary shall prepare a management plan for the park. The Secretary shall submit such plan to the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate within three years after . Such plan may be amended from time to time. The plan shall include, but not be limited to, provisions related to grazing within the park to the extent permitted under subsection (e) and provisions providing for the appropriate management of fish and wildlife and fishing within the park in accordance with subsection (b). Such provisions shall be adopted only after consultation with the appropriate State agency having jurisdiction over fish and wildlife.

(d)

Withdrawal of lands from mining and mineral leasing

30 U.S.C. 1001Subject to valid existing rights, Federal lands and interests therein, within the park, are withdrawn from disposition under the public lands laws and from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970, as amended [ et seq.].

(e)

Grazing

July 1, 1985Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary may permit grazing on lands within the park to the same extent as was permitted on such lands as of . Grazing within the park shall be administered by the National Park Service.

(f)

Exchange of park grazing allotment for grazing allotment outside park

(1)

Exchanges

At the request of the permittee, or at the initiative of the Secretary, negotiations may take place at any time with holders of valid existing grazing permits and grazing leases on land within the park, for an exchange of all or part of their grazing allotments for allotments outside the park. No such exchange shall take place if, in the opinion of the affected Federal land management agency, the exchange would result in overgrazing of Federal lands.

(2)

Acquisition by donation

(A)

In general

The Secretary may acquire by donation valid existing permits and grazing leases authorizing grazing on land in the park.

(B)

Termination

The Secretary shall terminate a grazing permit or grazing lease acquired under subparagraph (A) so as to end grazing previously authorized by the permit or lease.

(g)

Water-related range improvements

Existing water-related range improvements inside the park may be maintained by the Secretary or the persons benefitting from them, subject to reasonable regulation by the Secretary.

(h)

Reservation to United States of new express or implied water or water-related right not established; exception

section 410mm of this titleProvidedsection 410mm of this titleNothing in this subchapter shall be construed to establish a new express or implied reservation to the United States of any water or water-related right with respect to the land described in : , That the United States shall be entitled to only that express or implied reserved water right which may have been associated with the initial establishment and withdrawal of Humboldt National Forest and the Lehman Caves National Monument from the public domain with respect to the land described in . No provision of this subchapter shall be construed as authorizing the appropriation of water, except in accordance with the substantive and procedural law of the State of Nevada.

(i)

Cooperative agreements with Federal and other agencies; interpretation of Great Basin physiographic region

In order to encourage unified and cost-effective interpretation of the Great Basin physiographic region, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies providing for the interpretation of the Great Basin physiographic region. Such agreements shall include, but not be limited to, authority for the Secretary to develop and operate interpretive facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the owner or administrator thereof.

Pub. L. 99–565, § 3Oct. 27, 1986100 Stat. 3182 Pub. L. 104–134, title I, § 101(c) [title III, § 319]Apr. 26, 1996110 Stat. 1321–156 Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327(, , ; , , , 1321–203; renumbered title I, , , .)

Editorial Notes

References in Text

August 26, 191639 Stat. 535 16 U.S.C. 1–4 act Aug. 25, 1916, ch. 408 39 Stat. 535 section 100101 of Title 54 section 1865(a) of Title 18 Pub. L. 113–287Dec. 19, 2014128 Stat. 3094 section 100101 of Title 54The Act entitled “An Act to establish a National Park Service, and for other purposes,” approved (; ), referred to in subsec. (a), means , , 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 , National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as , Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by , §§ 3, 4(a)(1), 7, , , 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding .

Pub. L. 91–581Dec. 24, 197084 Stat. 1566 section 1001 of Title 30The Geothermal Steam Act of 1970, as amended, referred to in subsec. (d), is , , , which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 104–134, § 101(c) [title III, § 319(1)]1996—Subsec. (e). , substituted “may permit” for “shall permit” in first sentence.

Pub. L. 104–134, § 101(c) [title III, § 319(2)]Subsec. (f). , designated existing provisions as par. (1), inserted heading, substituted “grazing permits and grazing leases” for “grazing permits”, and added par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

Jan. 5, 1993Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on , by House Resolution No. 5, One Hundred Third Congress.