§410hhh–4 — Title 16 Conservation | U.S. Code

Summary

Create the Baca National Wildlife Refuge once enough land is bought to make an area that can be managed efficiently, shown on the official map. The refuge becomes official when the Secretary announces that decision in the Federal Register. Its purpose is to restore, improve, and protect wetlands, uplands, riparian areas, and other habitat for native fish, plants, and wildlife in the San Luis Valley. The map is kept on file and open for public review at Fish and Wildlife Service offices. The Secretary must run the refuge under the rules for the National Wildlife Refuge System and the Refuge Recreation Act, focus on migratory birds, and consider wider landscape conservation. For water, the Secretary must protect needed irrigation rights, limit harm to other water users where possible, and, subject to any agreement existing on March 11, 2009, use court-decreed water rights about the same way they were used historically.

Title 16, §410hhh–4

Conservation — Source: USLM XML via OLRC

(a)(1)(A)When the Secretary determines that sufficient land has been acquired to constitute an area that can be efficiently managed as a National Wildlife Refuge, the Secretary shall establish the Baca National Wildlife Refuge, as generally depicted on the map.

(B)The establishment of the refuge under subparagraph (A) shall be effective upon publication of a notice of the Secretary’s determination in the Federal Register.

(2)The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.

(b)The map shall be on file and available for public inspection in the appropriate offices of the United States Fish and Wildlife Service.

(c)(1)The Secretary shall administer all lands and interests therein acquired within the boundaries of the national wildlife refuge in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (16 U.S.C. 460k et seq.) (commonly known as the Refuge Recreation Act).

(2)In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable—

(A)emphasize migratory bird conservation; and

(B)take into consideration the role of the Refuge in broader landscape conservation efforts.

(d)In administering water resources for the national wildlife refuge, the Secretary shall—

(1)protect and maintain irrigation water rights necessary for the protection of monument, park, preserve, and refuge resources and uses;

(2)minimize, to the extent consistent with the protection of national wildlife refuge resources, adverse impacts on other water users; and

(3)subject to any agreement in existence as of March 11, 2009, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Wildlife Refuge System Administration Act of 1966, referred to in subsec. (c)(1), consists of section 4 and 5 of Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, and is classified to section 668dd and 668ee of this title. For further details, see

Short Title

note set out under section 668dd of this title. Act of September 28, 1962, referred to in subsec. (c)(1), is Pub. L. 87–714, Sept. 28, 1962, 76 Stat. 653, popularly known as the Refuge Recreation Act, which is classified generally to subchapter LXVIII (§ 460k et seq.) of this chapter.

Amendments

2009—Subsec. (a). Pub. L. 111–8, § 117(1), substituted “Establishment and purpose” for “Establishment” in heading, designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and inserted headings, substituted “The establishment of the refuge under subparagraph (A)” for “Such establishment” in subpar. (B), and added par. (2). Subsec. (c). Pub. L. 111–8, § 117(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d)(3). Pub. L. 111–8, § 117(3), added par. (3).

§410hhh–4 Baca National Wildlife Refuge, Colorado